NOTE This is an early draft of the Software Freedom License.
POINTS - clarity about the intent of the license. - it's a short license with four key points. WIP - software source code, libraries which are licensed under GPLv2, GPLv3, AGPLv3 - adding a crisp definition of private usage - fixing any gaps on the basis of litigation seen - refining the language DRAFT TEXT Software Freedom License (SFL). This Software Freedom License (the “License”) is a legally binding agreement between the Licensor(s) and You, the Licensee. By exercising any rights granted under this License, You expressly agree to be bound by its terms as a contract, in addition to the obligations imposed by copyright law. If You do not accept these terms, You must not use, modify, or distribute the Software. 1. Grant of License Subject to compliance with this License, the Licensor(s) grant You a worldwide, royalty-free, non-exclusive license to use, modify, and distribute the Software under the following conditions: (a) Source Code Availability: If You use the Software or any portion thereof—whether by including a header file, attaching code via a code generation mechanism, importing a module, using a namespace, linking (statically, dynamically, or as a plugin), utilizing an intermediate representation format, concatenating memory chunks, employing an execution wrapper, inserting logic via a thunk, shim, network endpoint, or any other method of invocation—you must provide access to the complete and corresponding source code of Your Work under the same license terms. (b) Modification and Distribution: You may modify and distribute the Software provided that You: - Retain this License and all associated copyright notices. - Provide access to the complete and corresponding source code of the modified version. - Apply this License to the entire Work, including all derivative and combined works that depend on the Software. (c) Network Interaction: If the Software is used to provide services over a network, You must make the complete and corresponding source code available to all users who interact with it remotely. 2. Consideration and Acceptance This License is a contract supported by mutual consideration. The Licensor(s) offer the rights under this License in exchange for Your agreement to its terms. By using, modifying, or distributing the Software, You acknowledge that: (a) This License forms a legally binding contract; (b) Your compliance with its terms is a material condition for the rights granted herein; (c) Any breach of this License constitutes both copyright infringement and a breach of contract, subjecting You to damages and legal remedies under both intellectual property and contract law. 3. Patent Grant and Revocation (a) Patent Grant: By accepting this License and using, modifying, or distributing the Software, You are granted a worldwide, non-exclusive, royalty-free patent license from the Licensor(s) to make, have made, use, sell, offer for sale, import, and otherwise exploit any patents that are necessarily infringed by the Software or any derivative works. This grant covers all patents owned or controlled by the Licensor(s) that are embodied in the Software. (b) Revocation of Patent Grant: Should You violate any term of this License, including but not limited to the conditions for source code disclosure, modification, or distribution, the patent license granted in Section 3(a) shall automatically terminate. The revocation of the patent grant does not affect any other rights granted to You under this License, except to the extent that such rights necessarily rely on the patent grant. (c) Survival: The patent grant and revocation provisions shall survive termination of this License. 4. Termination (a) If You violate any term of this License, Your rights under this License automatically terminate. (b) Upon termination, You must cease all use and distribution of the Software and remove any copies in Your possession. (c) The Licensor(s) may, at their sole discretion, reinstate Your rights under this License. 5. Disclaimer of Warranty and Liability THE SOFTWARE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. THE LICENSOR(S) DISCLAIM ALL LIABILITY FOR DAMAGES ARISING FROM THE USE, MODIFICATION, OR DISTRIBUTION OF THE SOFTWARE. 6. Miscellaneous (a) Governing Law: This License shall be governed by the laws of [Jurisdiction], excluding its conflict of law provisions. (b) Severability: If any provision of this License is found to be unenforceable, the remaining provisions shall continue in full force and effect. (c) Entire Agreement: This License constitutes the entire agreement between You and the Licensor(s) regarding the Software. By using, modifying, or distributing the Software, You affirm that You have read, understood, and agree to be bound by the terms of this License. ---