[ Please review this license. If you do so promptly enough, we may be able to include it in tomorrow's board meeting. -russ ]
After reviewing the following license with key open source developers, Intel is submitting a new license called the "BSD + Patent License". This is a combination of the BSD license (the post July 22, 1999 version without the "advertising" clause), with patent license language derived from the Common Public License ("CPL"). Contributors to Linux or other GPL works may provide their independently created code under the BSD license (see the FSF's web site at http://www.fsf.org/licenses/license-list.html#ModifiedBSD). To address concerns that users of Intel's contributions under the BSD license risked patent infringement claims from Intel, this license submission expressly includes patent licensing language. Intel modified the BSD license in the following ways: 1. Intel made OPTIONAL the inclusion of a copyright notice (i.e., "Redistributions of source code of the Software may retain the above copyright notice, this list of conditions and the following disclaimer"). 2. Intel added certain definitions derived from the patent license in the Common Public License, and added a license grant under certain Intel patents to distribute Intel software contributions, alone or as incorporated in any operating system licensed under the GPL (version 2.0 or later). Please post the license to the "license-discuss" list under my name on behalf of Intel Corporation. Thank you for your consideration. Regards, Michelle V. Stamnes Intel Corporation ---- The Intel BSD + Patent License Recipient has requested a license and Intel Corporation ("Intel") is willing to grant a license for the software entitled _____________ (the "Software") being provided by Intel Corporation. The following definitions apply to this License: "Licensed Patents" means patent claims licensable by Intel Corporation which are necessarily infringed by the use or sale of the Software alone or when combined with the operating system referred to below. "Recipient" means the party to whom Intel delivers this Software. "Licensee" means Recipient and those third parties that receive a license to any operating system available under the GNU Public License version 2.0 or later. Copyright (c) 1996-2001 Intel Corporation All rights reserved. The license is provided to Recipient and Recipient's Licensees under the following terms. Redistribution and use in source and binary forms of the Software, with or without modification, are permitted provided that the following conditions are met: Redistributions of source code of the Software may retain the above copyright notice, this list of conditions and the following disclaimer. Redistributions in binary form of the Software may reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. Neither the name of Intel Corporation nor the names of its contributors shall be used to endorse or promote products derived from this Software without specific prior written permission. Intel hereby grants Recipient and Licensees a non-exclusive, worldwide, royalty-free patent license under Licensed Patents to make, use, sell, offer to sell, import and otherwise transfer the Software, if any, in source code and object code form. This license shall include changes to the Software that are error corrections or other minor changes to the Software that do not add functionality or features when the Software is incorporated in any version of a operating system that has been distributed under the GNU General Public License 2.0 or later. This patent license shall apply to the combination of the Software and any operating system licensed under the GNU Public License version 2.0 or later if, at the time Intel provides the Software to Recipient, such addition of the Software to the then publicly available versions of such operating system available under the GNU Public License version 2.0 or later (whether in gold, beta or alpha form) causes such combination to be covered by the Licensed Patents. The patent license shall not apply to any other combinations which include the Software. No hardware per se is licensed hereunder. THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL INTEL OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. -- -russ nelson <[EMAIL PROTECTED]> http://russnelson.com Crynwr sells support for free software | PGPok | Why are we still fighting 521 Pleasant Valley Rd. | +1 315 268 1925 voice | the war on drugs when there Potsdam, NY 13676-3213 | +1 315 268 9201 FAX | is a real war to fight? -- license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3