On Thu, Nov 10, 2005 at 03:48:29PM +0100, Fathi Boudra wrote:
> hi all,
>
> i would like to make an ITP for sugarcrm :
> http://www.sugarcrm.com/crm/community/sugarcrm-community.html
>
> and i need some advices about licence issue :
> http://www.sugarforge.org/content/open-source/public-license.php
>
> the first lines :
> "The SugarCRM Public License Version ("SPL") consists of the Mozilla Public
> License Version 1.1, modified to be specific to SugarCRM, with the Additional
> Terms in Exhibit B. The original Mozilla Public License 1.1 can be found at:
> http://www.mozilla.org/MPL/MPL-1.1.html";
>
> if some debian-legal gurus could take a look at the licence and tell me if i
> could make the ITP without any problems regarding the licence issue.
For future reference, please include the full text of licenses being offered
for evaluation.
I'm pretty sure the MPL is considered DFSG-nonfree. I've attached the license
(as it appeared in my browser, random question marks and all). So, this
license is non-free, too.
On top of that:
> SugarCRM Public License 1.1.3 - Exihibit B
> Additional Terms applicable to the SugarCRM Public License.
>
> I. Effect.
> These additional terms described in this SugarCRM Public License ?
> Additional Terms shall apply to the Covered Code under this License.
>
> II. SugarCRM and logo.
> This License does not grant any rights to use the trademarks "SugarCRM"
> and the "SugarCRM" logos even if such marks are included in the Original
> Code or Modifications.
>
> However, in addition to the other notice obligations, all copies of the
> Covered Code in Executable and Source Code form distributed must, as a
> form of attribution of the original author, include on each user
> interface screen (i) the "Powered by SugarCRM" logo and (ii) the
> copyright notice in the same form as the latest version of the Covered
> Code distributed by SugarCRM, Inc. at the time of distribution of such
> copy. In addition, the "Powered by SugarCRM" logo must be visible to all
> users and be located at the very bottom center of each user interface
> screen. Notwithstanding the above, the dimensions of the "Powered By
> SugarCRM" logo must be at least 106 x 23 pixels. When users click on the
> "Powered by SugarCRM" logo it must direct them back to
> http://www.sugarforge.org. In addition, the copyright notice must remain
> visible to all users at all times at the bottom of the user interface
> screen. When users click on the copyright notice, it must direct them
> back to http://www.sugarcrm.com
Requiring that every single UI screen display an acknowledgement and
copyright notice, requiring that it be a graphic (and a prescribed
graphic, and always in English), specifying where it goes, and demanding
that it *always* be displayed. This isn't even trying to be free; it's
not an attribution clause, it's a forced advertising clause.
It's beyond my comprehension how they can say in one breath "you don't
have permission to use the name "SugarCRM", and in the next say "you must
include a "SugarCRM" banner on every single screen of the program. Make
up your mind, guys.
This also says that if the copyright notice in the latest version changes
(which it probably will at least once per year, as the copyright date is
updated), old versions can no longer be distributed until they're modified
to include the new copyright statement. A CD with this software on it burnt
in 2005 can no longer be distributed, according to this license, in 2006.
And worse, such a copyright notice would be flatly incorrect; this says
that I must make false copyright claims to distribute the software!
--
Glenn Maynard
Public License
The SugarCRM Public License Version ("SPL") consists of the Mozilla Public
License Version 1.1, modified to be specific to SugarCRM, with the Additional
Terms in Exhibit B. The original Mozilla Public License 1.1 can be found at:
http://www.mozilla.org/MPL/MPL-1.1.html
SUGARCRM PUBLIC LICENSE
Version 1.1.3
--------------------------------------------------------------------------------
1. Definitions.
1.0.1. "Commercial Use" means distribution or otherwise making the Covered Code
available to a third party.
1.1. ''Contributor'' means each entity that creates or contributes to the
creation of Modifications.
1.2. ''Contributor Version'' means the combination of the Original Code, prior
Modifications used by a Contributor, and the Modifications made by that
particular Contributor.
1.3. ''Covered Code'' means the Original Code or Modifications or the
combination of the Original Code and Modifications, in each case including
portions thereof.
1.4. ''Electronic Distribution Mechanism'' means a mechanism generally accepted
in the software development community for the electronic transfer of data.
1.5. ''Executable'' means Covered Code in any form other than Source Code.
1.6. ''Initial Developer'' means the individual or entity identified as the
Initial Developer in the Source Code notice required by Exhibit A.
1.7. ''Larger Work'' means a work which combines Covered Code or portions
thereof with code not governed by the terms of this License.
1.8. ''License'' means this document.
1.8.1. "Licensable" means having the right to grant, to the maximum extent
possible, whether at the time of the initial grant or subsequently acquired,
any and all of the rights conveyed herein.
1.9. ''Modifications'' means any addition to or deletion from the substance or
structure of either the Original Code or any previous Modifications. When
Covered Code is released as a series of files, a Modification is:
A. Any addition to or deletion from the contents of a file containing Original
Code or previous Modifications.
B. Any new file that contains any part of the Original Code or previous
Modifications.
?
1.10. ''Original Code'' means Source Code of computer software code which is
described in the Source Code notice required by Exhibit A as Original Code, and
which, at the time of its release under this License is not already Covered
Code governed by this License.
1.10.1. "Patent Claims" means any patent claim(s), now owned or hereafter
acquired, including without limitation,? method, process, and apparatus claims,
in any patent Licensable by grantor.
1.11. ''Source Code'' means the preferred form of the Covered Code for making
modifications to it, including all modules it contains, plus any associated
interface definition files, scripts used to control compilation and
installation of an Executable, or source code differential comparisons against
either the Original Code or another well known, available Covered Code of the
Contributor's choice. The Source Code can be in a compressed or archival form,
provided the appropriate decompression or de-archiving software is widely
available for no charge.
1.12. "You'' (or "Your")? means an individual or a legal entity exercising
rights under, and complying with all of the terms of, this License or a future
version of this License issued under Section 6.1. For legal entities, "You''
includes any entity which controls, is controlled by, or is under common
control with You. For purposes of this definition, "control'' means (a) the
power, direct or indirect, to cause the direction or management of such entity,
whether by contract or otherwise, or (b) ownership of more than fifty percent
(50%) of the outstanding shares or beneficial ownership of such entity.
2. Source Code License.
2.1. The Initial Developer Grant.
The Initial Developer hereby grants You a world-wide, royalty-free,
non-exclusive license, subject to third party intellectual property claims:
(a)? under intellectual property rights (other than patent or trademark)
Licensable by Initial Developer to use, reproduce, modify, display, perform,
sublicense and distribute the Original Code (or portions thereof) with or
without Modifications, and/or as part of a Larger Work; and
(b) under Patents Claims infringed by the making, using or selling of Original
Code, to make, have made, use, practice, sell, and offer for sale, and/or
otherwise dispose of the Original Code (or portions thereof).
?
(c) the licenses granted in this Section 2.1(a) and (b) are effective on the
date Initial Developer first distributes Original Code under the terms of this
License.
(d) Notwithstanding Section 2.1(b) above, no patent license is granted: 1) for
code that You delete from the Original Code; 2) separate from the Original
Code;? or 3) for infringements caused by: i) the modification of the Original
Code or ii) the combination of the Original Code with other software or
devices.
?
2.2. Contributor Grant.
Subject to third party intellectual property claims, each Contributor hereby
grants You a world-wide, royalty-free, non-exclusive license
?
(a)? under intellectual property rights (other than patent or trademark)
Licensable by Contributor, to use, reproduce, modify, display, perform,
sublicense and distribute the Modifications created by such Contributor (or
portions thereof) either on an unmodified basis, with other Modifications, as
Covered Code and/or as part of a Larger Work; and
(b) under Patent Claims infringed by the making, using, or selling of?
Modifications made by that Contributor either alone and/or in combination with
its Contributor Version (or portions of such combination), to make, use, sell,
offer for sale, have made, and/or otherwise dispose of: 1) Modifications made
by that Contributor (or portions thereof); and 2) the combination of?
Modifications made by that Contributor with its Contributor Version (or
portions of such combination).
(c) the licenses granted in Sections 2.2(a) and 2.2(b) are effective on the
date Contributor first makes Commercial Use of the Covered Code.
(d)??? Notwithstanding Section 2.2(b) above, no patent license is granted: 1)
for any code that Contributor has deleted from the Contributor Version; 2)?
separate from the Contributor Version;? 3)? for infringements caused by: i)
third party modifications of Contributor Version or ii)? the combination of
Modifications made by that Contributor with other software? (except as part of
the Contributor Version) or other devices; or 4) under Patent Claims infringed
by Covered Code in the absence of Modifications made by that Contributor.
3. Distribution Obligations.
3.1. Application of License.
The Modifications which You create or to which You contribute are governed by
the terms of this License, including without limitation Section 2.2. The Source
Code version of Covered Code may be distributed only under the terms of this
License or a future version of this License released under Section 6.1, and You
must include a copy of this License with every copy of the Source Code You
distribute. You may not offer or impose any terms on any Source Code version
that alters or restricts the applicable version of this License or the
recipients' rights hereunder. However, You may include an additional document
offering the additional rights described in Section 3.5.
3.2. Availability of Source Code.
Any Modification which You create or to which You contribute must be made
available in Source Code form under the terms of this License either on the
same media as an Executable version or via an accepted Electronic Distribution
Mechanism to anyone to whom you made an Executable version available; and if
made available via Electronic Distribution Mechanism, must remain available for
at least twelve (12) months after the date it initially became available, or at
least six (6) months after a subsequent version of that particular Modification
has been made available to such recipients. You are responsible for ensuring
that the Source Code version remains available even if the Electronic
Distribution Mechanism is maintained by a third party.
3.3. Description of Modifications.
You must cause all Covered Code to which You contribute to contain a file
documenting the changes You made to create that Covered Code and the date of
any change. You must include a prominent statement that the Modification is
derived, directly or indirectly, from Original Code provided by the Initial
Developer and including the name of the Initial Developer in (a) the Source
Code, and (b) in any notice in an Executable version or related documentation
in which You describe the origin or ownership of the Covered Code.
3.4. Intellectual Property Matters
(a) Third Party Claims.
If Contributor has knowledge that a license under a third party's intellectual
property rights is required to exercise the rights granted by such Contributor
under Sections 2.1 or 2.2, Contributor must include a text file with the Source
Code distribution titled "LEGAL'' which describes the claim and the party
making the claim in sufficient detail that a recipient will know whom to
contact. If Contributor obtains such knowledge after the Modification is made
available as described in Section 3.2, Contributor shall promptly modify the
LEGAL file in all copies Contributor makes available thereafter and shall take
other steps (such as notifying appropriate mailing lists or newsgroups)
reasonably calculated to inform those who received the Covered Code that new
knowledge has been obtained.
(b) Contributor APIs.
If Contributor's Modifications include an application programming interface and
Contributor has knowledge of patent licenses which are reasonably necessary to
implement that API, Contributor must also include this information in the LEGAL
file.
?
(c)??? Representations.
Contributor represents that, except as disclosed pursuant to Section 3.4(a)
above, Contributor believes that Contributor's Modifications are Contributor's
original creation(s) and/or Contributor has sufficient rights to grant the
rights conveyed by this License.
3.5. Required Notices.
You must duplicate the notice in Exhibit A in each file of the Source Code.? If
it is not possible to put such notice in a particular Source Code file due to
its structure, then You must include such notice in a location (such as a
relevant directory) where a user would be likely to look for such a notice.? If
You created one or more Modification(s) You may add your name as a Contributor
to the notice described in Exhibit A.? You must also duplicate this License in
any documentation for the Source Code where You describe recipients' rights or
ownership rights relating to Covered Code.? You may choose to offer, and to
charge a fee for, warranty, support, indemnity or liability obligations to one
or more recipients of Covered Code. However, You may do so only on Your own
behalf, and not on behalf of the Initial Developer or any Contributor. You must
make it absolutely clear than any such warranty, support, indemnity or
liability obligation is offered by You alone, and You hereby agree to indemnify
the Initial Developer and every Contributor for any liability incurred by the
Initial Developer or such Contributor as a result of warranty, support,
indemnity or liability terms You offer.
3.6. Distribution of Executable Versions.
You may distribute Covered Code in Executable form only if the requirements of
Section 3.1-3.5 have been met for that Covered Code, and if You include a
notice stating that the Source Code version of the Covered Code is available
under the terms of this License, including a description of how and where You
have fulfilled the obligations of Section 3.2. The notice must be conspicuously
included in any notice in an Executable version, related documentation or
collateral in which You describe recipients' rights relating to the Covered
Code. You may distribute the Executable version of Covered Code or ownership
rights under a license of Your choice, which may contain terms different from
this License, provided that You are in compliance with the terms of this
License and that the license for the Executable version does not attempt to
limit or alter the recipient's rights in the Source Code version from the
rights set forth in this License. If You distribute the Executable version
under a different license You must make it absolutely clear that any terms
which differ from this License are offered by You alone, not by the Initial
Developer or any Contributor. You hereby agree to indemnify the Initial
Developer and every Contributor for any liability incurred by the Initial
Developer or such Contributor as a result of any such terms You offer.
3.7. Larger Works.
You may create a Larger Work by combining Covered Code with other code not
governed by the terms of this License and distribute the Larger Work as a
single product. In such a case, You must make sure the requirements of this
License are fulfilled for the Covered Code.
4. Inability to Comply Due to Statute or Regulation.
If it is impossible for You to comply with any of the terms of this License
with respect to some or all of the Covered Code due to statute, judicial order,
or regulation then You must: (a) comply with the terms of this License to the
maximum extent possible; and (b) describe the limitations and the code they
affect. Such description must be included in the LEGAL file described in
Section 3.4 and must be included with all distributions of the Source Code.
Except to the extent prohibited by statute or regulation, such description must
be sufficiently detailed for a recipient of ordinary skill to be able to
understand it.
5. Application of this License.
This License applies to code to which the Initial Developer has attached the
notice in Exhibit A and to related Covered Code.
6. Versions of the License.
6.1. New Versions.
SugarCRM Inc. (''SugarCRM'') may publish revised and/or new versions of the
License from time to time. Each version will be given a distinguishing version
number.
6.2. Effect of New Versions.
Once Covered Code has been published under a particular version of the License,
You may always continue to use it under the terms of that version. You may also
choose to use such Covered Code under the terms of any subsequent version of
the License published by SugarCRM. No one other than SugarCRM has the right to
modify the terms applicable to Covered Code created under this License.
6.3. Derivative Works.
If You create or use a modified version of this License (which you may only do
in order to apply it to code which is not already Covered Code governed by this
License), You must (a) rename Your license so that the phrases ''SugarCRM'',
''SPL'' or any confusingly similar phrase do not appear in your license (except
to note that your license differs from this License) and (b) otherwise make it
clear that Your version of the license contains terms which differ from the
SugarCRM Public License. (Filling in the name of the Initial Developer,
Original Code or Contributor in the notice described in Exhibit A shall not of
themselves be deemed to be modifications of this License.)
7. DISCLAIMER OF WARRANTY.
COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS'' BASIS, WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE,
FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE
QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED
CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY
OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR
CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS
LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
DISCLAIMER.
8. TERMINATION.
8.1.? This License and the rights granted hereunder will terminate
automatically if You fail to comply with terms herein and fail to cure such
breach within 30 days of becoming aware of the breach. All sublicenses to the
Covered Code which are properly granted shall survive any termination of this
License. Provisions which, by their nature, must remain in effect beyond the
termination of this License shall survive.
8.2.? If You initiate litigation by asserting a patent infringement claim
(excluding declatory judgment actions) against Initial Developer or a
Contributor (the Initial Developer or Contributor against whom You file such
action is referred to as "Participant")? alleging that:
(a)? such Participant's Contributor Version directly or indirectly infringes
any patent, then any and all rights granted by such Participant to You under
Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from
Participant terminate prospectively, unless if within 60 days after receipt of
notice You either: (i)? agree in writing to pay Participant a mutually
agreeable reasonable royalty for Your past and future use of Modifications made
by such Participant, or (ii) withdraw Your litigation claim with respect to the
Contributor Version against such Participant.? If within 60 days of notice, a
reasonable royalty and payment arrangement are not mutually agreed upon in
writing by the parties or the litigation claim is not withdrawn, the rights
granted by Participant to You under Sections 2.1 and/or 2.2 automatically
terminate at the expiration of the 60 day notice period specified above.
(b)? any software, hardware, or device, other than such Participant's
Contributor Version, directly or indirectly infringes any patent, then any
rights granted to You by such Participant under Sections 2.1(b) and 2.2(b) are
revoked effective as of the date You first made, used, sold, distributed, or
had made, Modifications made by that Participant.
8.3.? If You assert a patent infringement claim against Participant alleging
that such Participant's Contributor Version directly or indirectly infringes
any patent where such claim is resolved (such as by license or settlement)
prior to the initiation of patent infringement litigation, then the reasonable
value of the licenses granted by such Participant under Sections 2.1 or 2.2
shall be taken into account in determining the amount or value of any payment
or license.
8.4.? In the event of termination under Sections 8.1 or 8.2 above,? all end
user license agreements (excluding distributors and resellers) which have been
validly granted by You or any distributor hereunder prior to termination shall
survive termination.
9. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING
NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY
OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY
OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER 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 SUCH PARTY SHALL
HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING
FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH
LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT
APPLY TO YOU.
10. U.S. GOVERNMENT END USERS.
The Covered Code is a ''commercial item,'' as that term is defined in 48 C.F.R.
2.101 (Oct. 1995), consisting of ''commercial computer software'' and
''commercial computer software documentation,'' as such terms are used in 48
C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R.
227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users
acquire Covered Code with only those rights set forth herein.
11. MISCELLANEOUS.
This License represents the complete agreement concerning subject matter
hereof. If any provision of this License is held to be unenforceable, such
provision shall be reformed only to the extent necessary to make it
enforceable. This License shall be governed by California law provisions
(except to the extent applicable law, if any, provides otherwise), excluding
its conflict-of-law provisions. With respect to disputes in which at least one
party is a citizen of, or an entity chartered or registered to do business in
the United States of America, any litigation relating to this License shall be
subject to the jurisdiction of the Federal Courts of the Northern District of
California, with venue lying in Santa Clara County, California, with the losing
party responsible for costs, including without limitation, court costs and
reasonable attorneys' fees and expenses. The application of the United Nations
Convention on Contracts for the International Sale of Goods is expressly
excluded. Any law or regulation which provides that the language of a contract
shall be construed against the drafter shall not apply to this License.
12. RESPONSIBILITY FOR CLAIMS.
As between Initial Developer and the Contributors, each party is responsible
for claims and damages arising, directly or indirectly, out of its utilization
of rights under this License and You agree to work with Initial Developer and
Contributors to distribute such responsibility on an equitable basis. Nothing
herein is intended or shall be deemed to constitute any admission of liability.
13. MULTIPLE-LICENSED CODE.
Initial Developer may designate portions of the Covered Code as
?Multiple-Licensed?.? ?Multiple-Licensed? means that the Initial Developer
permits you to utilize portions of the Covered Code under Your choice of the
SPL or the alternative licenses, if any, specified by the Initial Developer in
the file described in Exhibit A.
SugarCRM Public License 1.1.3 - Exhibit A
The contents of this file are subject to the SugarCRM Public License Version
1.1.3
("License"); You may not use this file except in compliance with the
License. You may obtain a copy of the License at http://www.sugarcrm.com/SPL
Software distributed under the License is distributed on an "AS IS" basis,
WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for
the specific language governing rights and limitations under the License.
The Original Code is: SugarCRM Open Source
The Initial Developer of the Original Code is SugarCRM, Inc.
Portions created by SugarCRM are Copyright (C) 2004 SugarCRM, Inc.;
All Rights Reserved.
Contributor(s): ______________________________________.
[NOTE: The text of this Exhibit A may differ slightly from the text of the
notices in the Source Code files of the Original Code. You should use the text
of this Exhibit A rather than the text found in the Original Code Source Code
for Your Modifications.]
SugarCRM Public License 1.1.3 - Exihibit B
Additional Terms applicable to the SugarCRM Public License.
I. Effect.
These additional terms described in this SugarCRM Public License ? Additional
Terms shall apply to the Covered Code under this License.
II. SugarCRM and logo.
This License does not grant any rights to use the trademarks "SugarCRM" and the
"SugarCRM" logos even if such marks are included in the Original Code or
Modifications.
However, in addition to the other notice obligations, all copies of the Covered
Code in Executable and Source Code form distributed must, as a form of
attribution of the original author, include on each user interface screen (i)
the "Powered by SugarCRM" logo and (ii) the copyright notice in the same form
as the latest version of the Covered Code distributed by SugarCRM, Inc. at the
time of distribution of such copy. In addition, the "Powered by SugarCRM" logo
must be visible to all users and be located at the very bottom center of each
user interface screen. Notwithstanding the above, the dimensions of the
"Powered By SugarCRM" logo must be at least 106 x 23 pixels. When users click
on the "Powered by SugarCRM" logo it must direct them back to
http://www.sugarforge.org. In addition, the copyright notice must remain
visible to all users at all times at the bottom of the user interface screen.
When users click on the copyright notice, it must direct them back to
http://www.sugarcrm.com
