[ Pleaes review this license. Should be like shooting fish in a
barrel, but still. -russ ]
Dear Open Source Initiative Member,
On behalf of Network Appliance, Inc. I would like to request that the attached license
be discussed for approval by the OSI. It is identical to the Common Public License
0.5, except that we have changed the stewardship to Network Appliance Inc, the
governing law to the State of California, added one sentence to the introduction
indicating that the license is derived from the Common Public License and added to the
title that it is Network Appliance's adaptation.
We are planning a series of open source projects and find the Common Public License
fits our needs except for the few very minor changes indicated.
Thank you for your time and consideration in this matter. We look forward to your
feedback.
This license may be discussed in public.
Anthony Topper email: [EMAIL PROTECTED]
Network Appliance, Inc.Phone: 781-768-5385
375 Totten Pond Road Fax: 781-895-1195
Waltham, MA 02451 http: www.netapp.com
"For 'tis the sport to have the engineer hoist by his own petard"
-- Shakespeare (Hamlet III, iv)
Common Public License Version 0.5, Network Appliance Adaptation
THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON
PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF
THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
ADAPTATION OF THIS LICENSE IS DERIVED FROM THE COMMON PUBLIC
LICENSE VERSION 0.5
1. DEFINITIONS
"Contribution" means:
a) in the case of the initial Contributor, the initial
code and documentation distributed under this Agreement, and
b) in the case of each subsequent Contributor: i) changes to
the Program, and ii) additions to the Program;
where such changes and/or additions to the Program originate from
and are distributed by that particular Contributor. A Contribution
'originates' from a Contributor if it was added to the Program by such
Contributor itself or anyone acting on such Contributor's
behalf. Contributions do not include additions to the Program which:
(i) are separate modules of software distributed in conjunction with
the Program under their own license agreement, and (ii) are not
derivative works of the Program.
"Contributor" means any person or entity that distributes the Program.
"Licensed Patents " mean patent claims licensable by a Contributor
which are necessarily infringed by the use or sale of its Contribution
alone or when combined with the Program.
"Program" means the Contributions distributed in accordance with
this Agreement.
"Recipient" means anyone who receives the Program under this
Agreement, including all Contributors.
2. GRANT OF RIGHTS
a) Subject to the terms of this Agreement, each Contributor hereby
grants Recipient a non-exclusive, worldwide, royalty-free copyright
license to reproduce, prepare derivative works of, publicly display,
publicly perform, distribute and sublicense the Contribution of such
Contributor, if any, and such derivative works, in source code and
object code form.
b) Subject to the terms of this Agreement, each Contributor hereby
grants Recipient a non-exclusive, worldwide, royalty-free patent
license under Licensed Patents to make, use, sell, offer to sell,
import and otherwise transfer the Contribution of such Contributor, if
any, in source code and object code form. This patent license shall
apply to the combination of the Contribution and the Program if, at
the time the Contribution is added by the Contributor, such addition
of the Contribution causes such combination to be covered by the
Licensed Patents. The patent license shall not apply to any other
combinations which include the Contribution. No hardware per se is
licensed hereunder.
c) Recipient understands that although each Contributor grants the
licenses to its Contributions set forth herein, no assurances are
provided by any Contributor that the Program does not infringe the
patent or other intellectual property rights of any other entity. Each
Contributor disclaims any liability to Recipient for claims brought by
any other entity based on infringement of intellectual property rights
or otherwise. As a condition to exercising the rights and licenses
granted hereunder, each Recipient hereby assumes sole responsibility
to secure any other intellectual property rights needed, if any. For
example, if a third party patent license is required to allow
Recipient to distribute the Program, it is Recipient's responsibility
to acquire that license before distributing the Program.
d) Each Contributor represents that to its knowledge it has
sufficient copyright rights in its Contribution, if any, to grant the
copyright license set forth in this Agreement.
3. REQUIREMENTS
A Contributor may choose to distribute the Program i
