eddyp wrote: > I am planning to package an application covered by the Spin Public License. > > Could you tell me if this : > http://cm.bell-labs.com/cm/cs/what/spin/SPIN_public_license.txt > > is a free or non-free license?
In general, when requesting that debian-legal review a license, it is preferable to include the text of the license in your mail, so that others may easily quote and review in followups. The text of the license at that address follows: > LUCENT TECHNOLOGIES INC. > SPIN SOFTWARE PUBLIC LICENSE AGREEMENT > > PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING. > BY CLICKING ON THE "ACCEPT" BUTTON BELOW, OR BY DOWNLOADING, > INSTALLING, USING, COPYING, MODIFYING OR DISTRIBUTING THE > SOFTWARE OR DERIVATIVE WORKS THEREOF, YOU ARE CONSENTING TO > BE BOUND BY THIS AGREEMENT. > IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, > CLICK ON THE "DO NOT ACCEPT" BUTTON BELOW AND THE > INSTALLATION/DOWNLOAD PROCESS WILL NOT CONTINUE. > > 1. DEFINITIONS > 1.1 > "Agreement" means this Lucent Technologies Inc. SPIN Software Public License > Agreement. > > 1.2 > "Contributor(s)" means any individual or entity that creates or contributes > to a > Modification of the Original Software. > > 1.3 > "Licensee" means an individual or a legal entity entering into and exercising > rights > under this Agreement or future versions thereof. > For the purposes hereunder, Licensee includes any entity that controls, is > controlled by, > or is under common control with Licensee. For purposes of this definition, > "control" > means (i) the power, direct or indirect, to cause the direction or management > of such > entity, whether by contract or otherwise; > or (ii) ownership of fifty percent (50%) or more of the controlling shares or > beneficial > ownership of such entity. Licensee is also referred to herein as "You". > > 1.4 > "Licensed Software" means the Original Software, Modifications, or any > combination > of the Original Software and Modifications. > > 1.5 > "LUCENT" means Lucent Technologies Inc., a Delaware corporation having an > office > at 600 Mountain Ave., Murray Hill, NJ 07974, its related companies and/or > affiliates. > > 1.6 > "SPIN Software" means the source code for the logic model checking system > named SPIN, > developed, copyrighted, and distributed by LUCENT. > > 1.7 > "Modification(s)" means any addition, deletion, change, or improvement to the > Original > Software or prior Modifications thereto. Modifications do not include > additions to the > Original Software or prior Modifications which (i) are separate modules of > software which > may be distributed in conjunction with Licensed Software; or (ii) are not > derivative works > of the Licensed Software itself. > > 1.8 > "Object Code" means machine readable software code. > > 1.9 > "Original Contributor" means LUCENT. > > 1.10 > "Original Software" means the SPIN Software, in both Source Code form and > Object Code > form, and any associated documentation as originally developed by Original > Contributor, > and as originally furnished under this Agreement. > > 1.11 > "Recipient" means any individual or legal entity receiving the Licensed > Software under > this Agreement, including all Contributors, or receiving the Licensed > Software under > another license agreement as authorized herein. > > 1.12 > "Source Code" means human readable software code. > > 2.0 GRANT of Rights > 2.1 > Subject to the terms of this Agreement, Original Contributor grants to > Licensee, a royalty-free, nonexclusive, > non-transferable, worldwide license, subject to third party intellectual > property claims, to use, reproduce, > modify, execute, display, perform, distribute and sublicense, the Original > Software (with or without > Modifications) in Source Code form and/or Object Code form for commercial > and/or non-commercial purposes > subject to the terms of this Agreement. This grant includes a nonexclusive > and non-transferable license under > any patents which Original Contributor has a right to license and which, but > for this license, are unavoidably > and necessarily infringed by the execution of the inherent functionality of > the Original Software in the form > furnished under this Agreement. Nothing contained herein shall be construed > as conferring by implication, > estoppel or otherwise any license or right under any existing or future > patent claim which is directed to a > combination of the functionality of the Original Software with the > functionality of any other software programs, > or a combination of hardware systems other than the combination of the > Original Software and the hardware or > firmware into which the Original Software is loaded. Distribution of Licensed > Software to third parties pursuant > to this grant shall be subject to the same terms and conditions as set forth > in this Agreement, and may, at your > option, include a reasonable charge for the cost of any media. You may also, > at your option, charge for any > other software, product or service which includes or incorporates the > Original Software as a part thereof. > > 2.2 > Subject to the terms of this Agreement, each Contributor grants to Licensee, > a royalty-free, nonexclusive, non- > transferable, worldwide license, subject to third party intellectual property > claims, to use, reproduce, modify, > execute, display, perform, distribute and sublicense, Modifications created > by such Contributor in Source Code > form and/or Object Code form for commercial and/or non-commercial purposes > subject to the terms of this > Agreement. This grant includes a nonexclusive and non-transferable license > under any patents which such > Contributor has a right to license and which, but for this license, are > unavoidably and necessarily infringed by > the execution of the inherent functionality of the Modifications in the form > furnished under this Agreement. > Nothing contained herein shall be construed as conferring by implication, > estoppel or otherwise any license or > right under any existing or future patent claim which is directed to a > combination of the functionality of the > Modifications with the functionality of any other software programs, or a > combination of hardware systems > other than the combination of Modifications and the hardware or firmware into > which the Modifications are > loaded. Distribution of Modifications to third parties pursuant to this > grant shall be subject to the same terms > and conditions as set forth in this Agreement, and may, at your option, > include a reasonable charge for the cost > of any media. You may also, at your option, charge for any other software, > product or service which includes or > incorporates the Original Software as a part thereof. > > 3.0 DISTRIBUTION OBLIGATIONS > 3.1 > Modifications which You create or to which You contribute are governed by the > terms of this Agreement and > must be made available under the terms this Agreement in at least the same > form as the Source Code version of > Licensed Software furnished hereunder. Any distribution by You of the Source > Code version of Licensed > Software must be made under the terms of this Agreement or any future version > of this Agreement under > Section 11.0, and You must include a copy of this Agreement with each and > every copy of such Source Code > version of Licensed Software which You distribute. You may not offer or > impose any terms on any such > Source Code version of Licensed Software that alters or restricts the terms > of the applicable version of this > Agreement or the Recipients" rights and obligations hereunder. > > 3.2 > You must cause all Licensed Software to which You contribute, i.e. Your > Modifications, to contain a clear > identification, e.g., a separate file, documenting the changes made by You > and identifying You as the > Contributor that reasonably allows subsequent Recipients to identify the > originator of the Modification. To the > extent You create at least one Modification, You may add Your name as a > Contributor to the requisite notice > described in Section 3.3. > > 3.3 > With respect to Your distribution of Licensed Software (or any portion > thereof), You must include the following > information in a conspicuous location governing such distribution (e.g., a > separate file) and on all copies of any > Source Code version of Licensed Software You distribute: > "The contents herein includes software initially developed by Bell > Laboratories, Lucent Technologies Inc., > and is subject to the terms of the Lucent Technologies Inc. SPIN Software > Public License Agreement. > A copy of the SPIN Software Public License Agreement is available at: > > http://cm.bell-labs.com/cm/cs/what/spin/SPIN_public_license.txt > > or by contacting Lucent Technologies at [EMAIL PROTECTED] > > All software distributed under such Agreement is distributed on an "AS IS" > basis, > WITHOUT WARRANTY OF ANY KIND, either express or implied. See the SPIN > Software > Public License Agreement for the specific language governing all rights, > obligations > and limitations under such Agreement. > Portions of the software developed by Lucent Technologies Inc. are Copyright > 1989-2001. > All rights reserved. > Contributor(s):___________________________" > > 3.4 > You may distribute Licensed Software in Object Code form using this > Agreement, or under a license of Your > choice provided that You are in compliance with this Agreement and Your > license: (a) complies with the terms > and conditions of this Agreement; (b) does not limit or alter the Recipient"s > rights and obligations in the Source > Code version of the Licensed Software set forth in this Agreement; (c) states > that the Source Code version of > the Licensed Software is available from You, and describes how to it may be > obtained by Recipient; (d) > effectively disclaims on behalf of Original Contributor and all Contributors > all warranties and conditions, > express or implied, including warranties or conditions of title or > non-infringement, and implied warranties or > conditions of merchantability and fitness for a particular purpose; (e) > effectively excludes on behalf of Original > Contributor and all Contributors all liability for damages, including direct, > indirect, special, incidental, and > consequential damages; and (f) clearly states that any terms which differ > from this Agreement are offered by > You alone, not by Original Contributor or any other Contributor. You hereby > agree to indemnify Original > Contributor or any other Contributor for any liability incurred by Original > Contributor or any other Contributor > as result of any such differing terms You offer in Your license. > > 3.5 > You may not use the names "Lucent Technologies", "Bell Labs" or any other > name associated with LUCENT > or any LUCENT trademark for any purposes other than as specifically provided > in Section 3.0. > > 3.6 > You must include all of the original copyright, labels or other notices on > the Licensed Software on any copies of > the Licensed Software which You make; and include with the distribution of > any Modifications You create a > copy (or an offer to provide such a copy at no charge) of the Licensed > Software, on the same terms as set forth > in this Agreement. > > 3.7 > While this Agreement contemplates the commercial use and distribution of > Licensed Software, commercial > distributors of software may, for a variety of reasons, accept certain > responsibilities with respect to customers, > licensees, business partners and the like. As such, if You or any > Contributor include Licensed Software in a > commercial offering ("Commercial Contributor"), such Commercial Contributor > agrees to defend and > indemnify Original Contributor and all other Contributors (collectively > "Indemnified Contributors") against > any liability, losses, damages and costs arising from claims, lawsuits and > other legal actions brought by any > third party against the Indemnified Contributors to the extent caused by the > acts or omissions of such > Commercial Contributor in connection with its use or distribution of Licensed > Software in a commercial > offering of any kind. > > 4.0 MODIFICATIONS. > You agree to provide the Original Contributor, at its request, with a copy of > the complete > Source Code version, Object Code version and related documentation for > Modifications created or contributed to by > You. Original Contributor and/or other Contributors shall have unrestricted, > nonexclusive, worldwide, perpetual, > royalty-free rights, to use, reproduce, modify, display, perform, sublicense > and distribute Your Modifications, and to > grant third parties the right to do so, including without limitation as a > part of or with the Licensed Software; and > Original Contributor and/or other Contributors shall have the right to > license or to otherwise transfer to third parties > Your Modifications without notice, obligation or recourse to You. You grant > to Original Contributor, Contributors > and their respective licensees all rights and licenses (including patents) as > are necessary to incorporate the > Modifications created or contribute by You into the Licensed Software and to > use, distribute or otherwise exploit > such Licensed Software without payment or accounting to You. > > 5.0 TITLE. > Title, ownership rights, and intellectual property rights in the Original > Software shall remain in the > Original Contributor. Original Contributor and/or the other Contributors > reserve all rights not expressly granted to > You, and no other licenses are granted or implied. > The Licensed Software is protected by copyright laws and treaties. > > 6.0 TERMINATION > 6.1 > The licenses and rights granted under this Agreement shall terminate > automatically if (i) You fail to comply > with all of the terms and conditions herein; or (ii) You initiate or > participate in any intellectual property action > against Original Contributor and/or another Contributor. > > 6.2 > The rights and obligations of the parties hereto which by their nature would > continue beyond termination of this > Agreement shall survive and continue after any such termination of this > Agreement. > > 6.3 > Upon termination for any reason, You must destroy all copies of the Licensed > Software in your possession. All > sublicenses of Licensed Software which were validly granted by You to third > parties under this Agreement shall > survive such termination. > > 7.0 DISCLAIMER OF WARRANTY. > YOU UNDERSTAND AND ACKNOWLEDGE THAT, TO THE > FULLEST EXTENT PERMITTED BY LAW, THE LICENSED SOFTWARE IS LICENSED UNDER THIS > AGREEMENT FREE OF CHARGE ON AN "AS IS" BASIS WITH ALL FAULTS, LATENT AND > PATENT > AND WITHOUT ANY WARRANTY OF ANY TYPE. ORIGINAL CONTRIBUTOR AND THE OTHER > CONTRIBUTORS MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED. BY > WAY OF EXAMPLE, BUT NOT OF LIMITATION, ORIGINAL CONTRIBUTOR AND THE OTHER > CONTRIBUTORS MAKE NO REPRESENTATIONS OF MERCHANTABILITY OR FITNESS FOR A > PARTICULAR PURPOSE OR THAT THE USE OF THE LICENSED SOFTWARE WILL NOT INFRINGE > ANY > PATENT OR OTHER INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY AND IT SHALL BE > THE SOLE RESPONSIBILITY OF YOU TO MAKE SUCH DETERMINATION AS IS NECESSARY WITH > RESPECT TO THE ACQUISITION OF LICENSES UNDER PATENTS OR OTHER INTELLECTUAL > PROPERTY RIGHTS OF THIRD PARTIES. ORIGINAL CONTRIBUTOR AND THE OTHER > CONTRIBUTORS DO NOT WARRANT THAT THE FUNCTIONS OF THE LICENSED SOFTWARE WILL > MEET YOUR REQUIREMENTS OR THAT LICENSED SOFTWARE OPERATION WILL BE ERROR-FREE > OR UNINTERRUPTED. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM > USE, OR > INABILITY TO USE, THE LICENSED SOFTWARE. ORIGINAL CONTRIBUTOR AND THE OTHER > CONTRIBUTORS BEAR NO RESPONSIBILITY FOR CORRECTING THE LICENSED SOFTWARE, > SUPPLYING ASSISTANCE FOR FIXING, OR FOR COMMUNICATING KNOWN ERRORS TO YOU > PERTAINING TO THE LICENSED SOFTWARE FURNISHED HEREUNDER. > > ORIGINAL CONTRIBUTOR AND THE OTHER CONTRIBUTORS SHALL NOT BE HELD TO ANY > LIABILITY WITH RESPECT TO ANY PATENT INFRINGEMENT OR ANY OTHER CLAIM MADE BY > YOU > OR ANY THIRD PARTY ON ACCOUNT OF, OR ARISING FROM THE USE OF, THE LICENSED > SOFTWARE PROVIDED HEREUNDER. > > SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE > EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY > FROM > JURISDICTION TO JURISDICTION. > > 8.0 LIMITATION OF LIABILITY. > UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, > TORT, CONTRACT, OR OTHERWISE, SHALL ORIGINAL CONTRIBUTOR AND/OR THE OTHER > CONTRIBUTORS BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR DAMAGES OF ANY KIND > INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR > CONSEQUENTIAL DAMAGES OF ANY CHARACTER WHATSOEVER INCLUDING, WITHOUT > LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR > MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF THE > ORIGINAL CONTRIBUTOR AND/OR ANY OTHER CONTRIBUTORS SHALL HAVE BEEN INFORMED OF > THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. > FURTHERMORE, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF > INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT > APPLY TO YOU. TO THE EXTENT THAT ANY EXCLUSION OF DAMAGES ABOVE IS NOT > VALID, YOU > AGREE THAT IN NO EVENT WILL ORIGINAL CONTRIBUTOR"S AND ALL OTHER CONTRIBUTORS" > TOTAL LIABILITY UNDER OR RELATED TO THIS AGREEMENT EXCEED ONE THOUSAND DOLLARS > ($1000.00 US). > > 9.0 EXPORT CONTROL. > You acknowledge that the Licensed Software hereunder is "publicly available" > as the > term is defined under the United States export administration regulations and > is not subject to export control under > such laws and regulations. However, if You modify the Licensed Software to > change (or otherwise affect) such > publicly available status You agree that You alone are responsible for > compliance with the United States export > administration regulations and hereby indemnify the Original Contributor and > all other Contributors for any liability > incurred as a result of Your actions which resulted in any change in the > export status of the Licensed Software as > furnished hereunder. > > 10.0 U.S. GOVERNMENT RIGHTS. > You may only acquire the Licensed Software on behalf of, or for delivery > to, any part of the United States Government, if the Licensed Software is > treated as commercial computer software > and licensed to the Government under the terms and conditions of this > Agreement, pursuant to the policies stated in > 48 C.F.R. Section 12.212 (October 1995) or 48 C.F.R. Section 227.7202 (June > 1995), as applicable. > > 11.0 LICENSE VERSIONS. > LUCENT, at its sole discretion, may from time to time publish a revised > and/or new > version of this Agreement (each such revised or new version shall carry a > distinguishing version number) which > shall govern all copies of Licensed Software downloaded after the posting of > such revised or new version of this > Agreement. > > 12.0 MISCELLANEOUS. > This Agreement sets forth the entire agreement and understanding between the > parties > as to the subject matter hereof and merges all prior discussions between > them. This Agreement shall be governed by > the laws of the State of New York, USA, excluding its conflict of law > provisions. The application of the United > Nations Convention of Contracts for the International Sale of Goods is > expressly excluded. > YOUR DOWNLOAD, INSTALLATION AND USE, MODIFICATION OR DISTRIBUTION OF THE > LICENSED SOFTWARE IS > EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN. You > further > agree and acknowledge that by clicking on the "ACCEPT" button below, You > shall have manifested acceptance to > enter into this Agreement and shall be deemed to have manually signed and > executed this Agreement making this an > enforceable Agreement between the parties. If any provision of this > Agreement is held to be unenforceable, such > provision shall be reformed only to the extent necessary to make it > enforceable. > YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND IT, AND THAT > BY CLICKING ON THE "ACCEPT" BUTTON BELOW AND INSTALLING/DOWNLOADING THE > SOFTWARE YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS > AGREEMENT. > > SPIN Software Public License " Version 1.0 " 05/15/01
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