Subject: XXX PUBLIC LICENSE
From: Russell Nelson <nelson@crynwr.com>
Date: 12 May 1999 03:41:22 -0000
12 May 1999 03:41:22 -0000
I received this as HTML, so I'm passing it on to you in the same form,
not wanting to make any changes that might modify the language.  Yeah,
I know, I hate getting HTML email also.  Do what I did -- save it in
/tmp and view it with a file url.



Body

XXX PUBLIC LICENSE - [INSERT NAME OF PROJECT] VERSION 1.0

THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS XXX PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.

1. DEFINITIONS.

"Contribution" means:

A Contribution 'originates' from a Contributor if it was made or 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 XXX and any other entity that distributes the Program.

"Licensed Patents " mean those claims of patents licensable by a Contributor which are necessarily infringed by each Contribution that both originates from and is distributed by that particular Contributor, if any, as well as claims of patents licensable by a Contributor which are necessarily infringed by the Contributor's Contribution when combined with the Program.

"Original Program" means the original version of the software accompanying this Agreement as released by XXX, including source code, object code and documentation, if any.

"Program" means the Original Program and Contributions.

"Recipient" means the entity that receives the Program under this Agreement, including all Contributors.

2. GRANT OF RIGHTS

3. REQUIREMENTS

[NOTE TO REVIEWERS: We envision this agreement will be used for several XXX software projects and the following options [in blue] represent customizations that can be made to the generic version of this agreement, based on the specific licensing goals for the software program being distributed under it.]

A Contributor may choose to distribute the Program in object code form under its own license agreement, provided that:

When the Program is made available in source code form:

(OPTIONAL PARAGRAPH) XXX has established a Web site to help locate Contributions. When a Contributor distributes Contributions that it originates, it must inform others of how to obtain such Contributions, in source code form, by filling out and submitting the information found at http://www. _____________. If the URL changes, XXX will provide notice of the new URL in a reasonable manner. If XXX no longer maintains a Web site to support distribution of Contributions as set forth herein, this obligation shall end.

Each Contributor must include the following in a conspicuous location in the Program:

In addition, each Contributor must identify itself as the originator of its Contribution, if any, in a manner that reasonably allows subsequent Recipients to identify the originator of the Contribution.

4. COMMERCIAL DISTRIBUTION

This Agreement does not prohibit any Contributor from including the Program in a commercial product offering (including distribution in object code form under a license agreement other than this Agreement), provided that such Contributor ("Commercial Contributor") hereby agrees to indemnify, defend and hold every other Contributor ("Indemnified Contributor") harmless from and against any losses, damages, expenses (including reasonable attorneys' fees) and costs (collectively "Losses") arising from claims, lawsuits and other legal actions brought against the Indemnified Contributor to the extent caused by the terms, conditions, acts or omissions of such Commercial Contributor in connection with its distribution of the Program in a commercial product offering, excluding any Losses arising from intellectual property claims relating to the Program, provided that any Indemnified Contributor: a) promptly notifies the Commercial Contributor in writing of such claim, and b) allows the Commercial Contributor to control, and cooperates with the Commercial Contributor in, the defense and any related settlement negotiations. The Indemnified Contributor shall have the right to participate at its own expense.

5. NO WARRANTY

EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely responsible for determining the appropriateness of using and distributing the Program and assumes all risks associated with its exercise of rights under this Agreement, including but not limited to the risks and costs of program errors, damage to or loss of data, programs or equipment, and unavailability or interruption of operations.

6. DISCLAIMER OF LIABILITY

EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), 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 OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. GENERAL

If any provision of this Agreement is invalid or unenforceable under applicable law, it shall not effect the validity or enforceability of the remainder of the terms of this Agreement, and without further action by the parties hereto such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.

If Recipient institutes patent litigation against a Contributor with respect to a patent applicable to software (including a cross-claim or counterclaim in a lawsuit), then the patent licenses granted by that Contributor to such Recipient under this Agreement shall terminate as of the date such litigation is filed. In addition, If Recipient institutes patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Program itself (excluding combinations of the Program with other software or hardware) infringes such Recipient's patent(s), then such Recipient's rights granted under Section 2(b) shall terminate as of the date such litigation is filed.

All Recipient's rights under this Agreement shall terminate if it fails to comply with any of the material terms or conditions of this Agreement and does not cure such failure in a reasonable period of time after becoming aware of such non-compliance. If all Recipient's rights under this Agreement terminate, Recipient agrees to cease use and distribution of the Program as soon as reasonably practicable. However, Receipient's obligations under this Agreement and any licenses granted by Recipient relating to the Program shall continue and survive.

XXX may publish new versions (including revisions) of this Agreement from time to time. Each new version of the Agreement will be given a distinguishing version number. The Program (including Contributions) may always be distributed subject to the version of the Agreement under which it was received. In addition, after a new version of the Agreement is published, Contributor may elect to distribute the Program (including its Contributions) under the new version. No one other than XXX has the right to modify this Agreement. Except as expressly stated in Sections 2.a) and 2.b) above, Recipient receives no rights or licenses to the intellectual property of any Contributor under this Agreement, whether expressly, by implication, estoppel or otherwise. All rights in the Program not expressly granted under this Agreement are reserved.

This Agreement is governed by the laws of the State of New York and the intellectual property laws of the United States of America. No party to this Agreement will bring a legal action under this Agreement more than one year after the cause of action arose. Each party waives its rights to a jury trial in any resulting litigation. Recipient agrees to comply with all applicable laws, rules and regulations, including without limitation all export and import laws, rules and regulations.