Erwin,

Attached is the license.

If I understand section 1 in general and section 1 - c) (since we do have team edition license) specifically, it looks to me that the "team" in this case are the committers at xml-security, not the xml-security community as a whole.

Comments please.

Ax/

Erwin van der Koogh wrote:

Are you sure the Clover License allows the distribution of the jar like
this? I'm going to remove it anyway. We can put it back if it is Ok to do
so.


Very good point Axl :)

I actually pretty much assumed it was ok.. as you can a) download the jar for free from their website, b) they distribute a jar through ibiblio, c) it has XML-Security project written all over it and d) how else are you going to do open-source development if you can't share it with developers who might not be committers :)

But I am not entirely sure.. Did you get a license with the jar? I have been trying to look it up, but to no avail.

Thanks for watching my legal back there Axl ;-)

Erwin


CLOVER VERSION 1 (ONE) SOFTWARE LICENSE AGREEMENT

1. Licenses and Software

Cortex eBusiness Pty Ltd, an Australian Proprietary Limited Company
("CORTEX") hereby grants to the purchaser (the "LICENSEE") a limited,
revocable, worldwide, non-exclusive, nontransferable,
non-sublicensable license to use the Clover version 1 (one) software
(the "Software"), including any minor upgrades thereof during the Term
(hereinafter defined) up to, but not including the next major version
of the Software. The licensee shall not, or knowingly allow others to,
reverse engineer, decompile, disassemble, modify, adapt, create
derivative works from or otherwise attempt to derive source code from
the Software provided. And, in accordance with the terms and
conditions of this Software License Agreement (the "Agreement"), the
Software shall be used solely by the licensed users in accordance with
the following edition specific conditions:

a) Server Edition

A Server Edition license entitles the Licensee to execute one instance
of Clover Server Edition on one (1) machine for the purposes of
instrumententing source code and generating reports. There are no
limitations on the use of the instrumented source code or generated
reports produced by Server Edition.

b) Workstation Edition

A Workstation Edition license entitles the licensee to use Clover
Workstation Edition on one (1) machine by one (1) individual end
user. Workstation Edition does not permit the generation of reports
for distribution.

c) Team Edition

A Team Edition license entitles the licensee to use Clover Team
edition on any number of machines solely by the licensed number of
users. Reports generated by Clover Team Edition are strictly for use
only by the licensed number of individual end users.

2. License Fee

In exchange for the License(s), the Licensee shall pay to Cortex a
one-time, up front, non-refundable license fee. At the sole discretion
of Cortex this fee will be waived for non-commercial
projects. Notwithstanding the Licensee's payment of the License Fee,
Cortex reserves the right to terminate the License if Cortex discovers
that the Licensee and/or the Licensee's use of the Software is in
breach of this Agreement.

3. Proprietary Rights

Cortex will retain all right, title and interest in and to the
Software, all copies thereof, and Cortex website(s), software, and
other intellectual property, including, but not limited to, ownership
of all copyrights, look and feel, trademark rights, design rights,
trade secret rights and any and all other intellectual property and
other proprietary rights therein. The Licensee will not directly or
indirectly obtain or attempt to obtain at any time, any right, title
or interest by registration or otherwise in or to the trademarks,
service marks, copyrights, trade names, symbols, logos or designations
or other intellectual property rights owned or used by Cortex. All
technical manuals or other information provided by Cortex to the
Licensee shall be the sole property of Cortex.

4. Term and Termination

Subject to the other provisions hereof, this Agreement shall commence
upon the Licensee's opting into this Agreement and continue until the
Licensee discontinues use of the Software or the Agreement terminates
automatically upon the Licensee's breach of any term or condition of
this Agreement (the "Term"). Upon any such termination, the Licensee
will delete the Software immediately.

5. Copying & Transfer

The Licensee may copy the Software for back-up purposes only. The
Licensee may not assign or otherwise transfer the Software to any
third party.

6. Specific Disclaimer of Warranty and Limitation of Liability

THE SOFTWARE IS PROVIDED WITHOUT WARRANTY OF ANY KIND. CORTEX
DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT
LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. CORTEX WILL NOT BE LIABLE FOR ANY DAMAGES
ASSOCIATED WITH THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, ORDINARY,
INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING
BUT NOT LIMITED TO DAMAGES RELATING TO LOST DATA OR LOST PROFITS, EVEN
IF CORTEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. Warranties and Representations

Indemnification. The Licensee warrants and represents that the
Licensee's actions with regard to the Software will be in compliance
with all applicable laws; and the Licensee will indemnify, defend, and
hold Cortex harmless from and against any and all liabilities,
damages, losses, claims, costs, and expenses (including legal fees)
arising out of or resulting from the Licensee's failure to observe the
use restrictions set forth herein.

8. Governing Law

This Agreement shall be governed by the laws of New South Wales,
Australia.

9.Independent Contractors

Assignment: The parties are independent contractors with respect to
each other, and nothing in this Agreement shall be construed as
creating an employer-employee relationship, a partnership, agency
relationship or a joint venture between the parties. This Agreement is
not assignable or transferable by the Licensee.

10.Entire Agreement

This Agreement constitutes the entire agreement between the parties
concerning the Licensee's use of the Software. This Agreement
supersedes any prior verbal understanding between the parties and any
Licensee purchase order or other ordering document, regardless of
whether such document is received by Cortex before or after execution
of this Agreement. This Agreement may be amended only in writing by
Cortex.

Attachment: smime.p7s
Description: S/MIME Cryptographic Signature

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