Ben Finney <ben+deb...@benfinney.id.au> writes: > ===== > TORQUE v2.5+ Software License v1.1 > > Copyright (c) 2010-2011 Adaptive Computing Enterprises, Inc. All rights > reserved. > > Use this license to use or redistribute the TORQUE software v2.5+ and later > versions.
Unproblematic text explaining the document purpose. > ----------------------------------------------------------------------------------- > For free support for TORQUE users, questions should be emailed to the > community of > TORQUE users at torqueus...@supercluster.org. Users can also subscribe to the > user > mailing list at http://www.supercluster.org/mailman/listinfo/torqueusers. > > Customers using TORQUE that also are licensed users of Moab branded software > from > Adaptive Computing Inc. can get TORQUE support from Adaptive Computing via: > > Email: torque-supp...@adaptivecomputing.com. > > Phone: (801) 717-3700 > > Web: www.adaptivecomputing.com www.clusterresources.com > ---------------------------------------------------------------------------------- This block doesn't belong in a license document, and it would be better removed. > This license covers use of the TORQUE v2.5 software (the "Software") at your > site or > location, and, for certain users, redistribution of the Software to other > sites and > locations. Later versions of TORQUE are also covered by this license. This is a grant of license, which is distinct from the terms itself; but no distinction is made in this document. Better to remove this also, in my opinion. Then the actual terms begin; it would be best to set this off clearly: > Use and redistribution of TORQUE v2.5 in source and binary forms, with or > without > modification, are permitted provided that all of the following conditions are > met. > > 1. Any Redistribution of source code must retain the above copyright notice > and the > acknowledgment contained in paragraph 5, this list of conditions and the > disclaimer > contained in paragraph 5. > > 2. Any Redistribution in binary form must reproduce the above copyright > notice and the > acknowledgment contained in paragraph 4, this list of conditions and the > disclaimer > contained in paragraph 5 in the documentation and/or other materials > provided with > the distribution. > > 3. Redistributions in any form must be accompanied by information on how to > obtain > complete source code for TORQUE and any modifications and/or additions to > TORQUE. The source code must either be included in the distribution or be > available > for no more than the cost of distribution plus a nominal fee, and all > modifications and > additions to the Software must be freely redistributable by any party > (including > Licensor) without restriction. > > 4. All advertising materials mentioning features or use of the Software must > display the > following acknowledgment: > > "TORQUE is a modification of OpenPBS which was developed by NASA Ames > Research Center, Lawrence Livermore National Laboratory, and Veridian > Information Solutions, Inc. Visit www.clusterresources.com/products/ > for more > information about TORQUE and to download TORQUE. > > For information about Moab branded products and so receive support > from Adaptive > Computing for TORQUE, see www.adaptivecomputing.com.” > > 5. DISCLAIMER OF WARRANTY > > THIS SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. > ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, > THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A > PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY > DISCLAIMED. > > IN NO EVENT SHALL ADAPTIVE COMPUTING ENTERPRISES, INC. > CORPORATION, ITS AFFILIATED COMPANIES, OR THE U.S. GOVERNMENT OR > ANY OF ITS AGENCIES BE LIABLE FOR ANY DIRECT OR 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. This is a BSD-like license with the “obnoxious advertising clause”, which is quite problematic. It imposes an unreasonable restriction on someone distributing a work containing a large number of components. Better to use a license without this clause, such as Expat license terms <URL:http://www.jclark.com/xml/copying.txt> which is widely known to be free without complications like this. > This license will be governed by the laws of Utah, without reference > to its choice of law rules. At this point it appears the license terms end, and again it would be best to mark this in the document clearly. My opinion: The license is yet another custom-made license (contributing to undesirable license proliferation), derived from a license text long abandoned by the free software community for its problematic restrictions. Best would be to replace this with an unmodified, clearly-free license text like the Expat <URL:http://www.jclark.com/xml/copying.txt> license terms. -- \ “Prediction is very difficult, especially of the future.” | `\ —Niels Bohr | _o__) | Ben Finney -- To UNSUBSCRIBE, email to debian-legal-requ...@lists.debian.org with a subject of "unsubscribe". Trouble? Contact listmas...@lists.debian.org Archive: http://lists.debian.org/85d2iq9av3....@benfinney.id.au
