We've a request in the Jakarta->Commons->VFS project to have a piece of code that depends on a Novell library. The particular library is:
http://developer.novell.com/ndk/njclc.htm
The licence is:
http://developer.novell.com/ndk/licence.htm
The contributor (sorry, unsure if they're a Novell employee or not) has told us that the licence is in effect the same as Sun's licence for JavaMail (I've attached the javamail licence).
Reading it with my uneducated mind, it seems to be that way. We can depend on the code, but we can't store the jar in our CVS (or on iBiblio). This holds true as long as the library isn't somehow identified as "Early Access Release Materials" or "Internal Tools".
Noel Bergman pointed out that:
"As I read to clause 3, just referencing that license may be insufficient, e.g., 'Software contains various software programs with different license rights.' What is the license included with the specific component that is intended to be used, and/or for what use is that component designated by Novell?"
Licensing for the product is interesting. In addition to the url we were given, there are two different licences; one that you accept when you download the zip containing the library and another that is contained within the zip. The website has 17 clauses, the agree page has 26 clauses and the download has 15 clauses. I've attached agree-licence.txt, website-licence.txt and download-licence.txt to this email.
The interesting parts of the various licences appear at first glance to be the same.
So I'm looking for a legal go-ahead on treating it akin to JavaMail.
Let me know if you need anything, I suspect this first email will be lacking the right details/language.
Thanks,
Henri Yandell Jakarta VP
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NEITHER NOVELL NOR ANY OF ITS LICENSORS, EMPLOYEES, OR AGENTS SHALL IN ANY CASE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFITS OR REVENUE, LOSS OF USE OF SOFTWARE, LOSS OF DATA, COSTS OF RE-CREATING LOST DATA, OR THE COST OF ANY SUBSTITUTE EQUIPMENT OR PROGRAM), INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. EXCEPT AS OTHERWISE RESTRICTED BY LAW, NOVELL'S AGGREGATE LIABILITY ARISING FROM OR RELATING TO YOUR USE OF THE SOFTWARE OR ANY ASSOCIATED SERVICES IS LIMITED TO THE GREATER OF $100 OR THE TOTAL OF PAYMENTS MADE FOR SUCH SERVICES. Some states do not allow the complete exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not fully apply to you. 15.EXPORT. You may not export, re-export, or use the Software in violation of any applicable laws or regulations including, without limitation, U.S. export regulations or the laws of the country in which you reside. 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EMPLOYEES, OR AGENTS SHALL IN ANY CASE BE LIABLE FOR ANY SPECIAL, INCIDENTAL,
CONSEQUENTIAL (INCLUDING LOST PROFITS OR REVENUE, LOSS OF USE OF SOFTWARE, LOSS
OF DATA, COSTS OF RE-CREATING LOST DATA, OR THE COST OF ANY SUBSTITUTE
EQUIPMENT OR PROGRAM), INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE
POSSIBILITY OF THOSE DAMAGES. EXCEPT AS OTHERWISE RESTRICTED BY LAW, NOVELL'S
AGGREGATE LIABILITY ARISING FROM OR RELATING TO YOUR USE OF THE SOFTWARE OR ANY
ASSOCIATED SERVICES IS LIMITED TO THE GREATER OF $100 OR THE TOTAL OF PAYMENTS
MADE FOR SUCH SERVICES. Some states do not allow the complete exclusion or
limitation of incidental or consequential damages, so the above limitation or
exclusion may not fully apply to you.
17. EXPORT. You may not export, re-export, or use the Software in violation
of any applicable laws or regulations including, without limitation, U.S.
export regulations or the laws of the country in which you reside. U.S.
GOVERNMENT RESTRICTED RIGHTS. Use, duplication, or disclosure by the United
States Government is subject to restrictions as set forth in FAR s 52.227-14
(June 1987) Alternate III(g)(3) (June 1987), FAR s 52.227-19 (June 1987), or
DFARS s 52.227-7013 (c)(1)(ii) (June 1988), as applicable.
Contractor/Manufacturer is Novell, Inc., 1800 S. Novell Place, Provo, Utah
84606. OTHER. Those terms which by their nature extend beyond termination of
this Agreement shall survive and remain in effect until all obligations are
satisfied. The application of the United Nations Convention of Contracts for
the International Sale of Goods is expressly excluded.
Sun Microsystems, Inc.
Binary Code License Agreement
READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED
SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY "AGREEMENT")
CAREFULLY BEFORE OPENING THE SOFTWARE MEDIA PACKAGE.
BY OPENING THE SOFTWARE MEDIA PACKAGE, YOU AGREE TO
THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCESSING
THE SOFTWARE ELECTRONICALLY, INDICATE YOUR ACCEPTANCE
OF THESE TERMS BY SELECTING THE "ACCEPT" BUTTON AT
THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE TO
ALL THESE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE
TO YOUR PLACE OF PURCHASE FOR A REFUND OR, IF THE
SOFTWARE IS ACCESSED ELECTRONICALLY, SELECT THE
"DECLINE" BUTTON AT THE END OF THIS AGREEMENT.
1. LICENSE TO USE.
Sun grants you a non-exclusive and non-transferable
license for the internal use only of the
accompanying software and documentation and any
error corrections provided by Sun (collectively
"Software"), by the number of users and the class
of computer hardware for which the corresponding
fee has been paid.
2. RESTRICTIONS.
Software is confidential and copyrighted. Title to
Software and all associated intellectual property
rights is retained by Sun and/or its licensors.
Except as specifically authorized in any
Supplemental License Terms, you may not make copies
of Software, other than a single copy of Software
for archival purposes. Unless enforcement is
prohibited by applicable law, you may not modify,
decompile, or reverse engineer Software. Licensee
acknowledges that Software is not designed or
intended for use in the design, construction,
operation or maintenance of any nuclear
facility. Sun Microsystems, Inc. disclaims any
express or implied warranty of fitness for such
uses. No right, title or interest in or to any
trademark, service mark, logo or trade name of Sun
or its licensors is granted under this Agreement.
3. LIMITED WARRANTY.
Sun warrants to you that for a period of ninety
(90) days from the date of purchase, as evidenced
by a copy of the receipt, the media on which
Software is furnished (if any) will be free of
defects in materials and workmanship under normal
use. Except for the foregoing, Software is
provided "AS IS". Your exclusive remedy and Sun's
entire liability under this limited warranty will
be at Sun's option to replace Software media or
refund the fee paid for Software.
4. DISCLAIMER OF WARRANTY.
UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR
IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES,
INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE
EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE
LEGALLY INVALID.
5. LIMITATION OF LIABILITY.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT
WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST
REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT,
CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES,
HOWEVER CAUSED REGARDLESS OF THE THEORY OF
LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF
OR INABILITY TO USE SOFTWARE, EVEN IF SUN HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no
event will Sun's liability to you, whether in
contract, tort (including negligence), or
otherwise, exceed the amount paid by you for
Software under this Agreement. The foregoing
limitations will apply even if the above stated
warranty fails of its essential purpose.
6. Termination.
This Agreement is effective until terminated. You
may terminate this Agreement at any time by
destroying all copies of Software. This Agreement
will terminate immediately without notice from Sun
if you fail to comply with any provision of this
Agreement. Upon Termination, you must destroy all
copies of Software.
7. Export Regulations.
All Software and technical data delivered under
this Agreement are subject to US export control
laws and may be subject to export or import
regulations in other countries. You agree to
comply strictly with all such laws and regulations
and acknowledge that you have the responsibility to
obtain such licenses to export, re-export, or
import as may be required after delivery to you.
8. U.S. Government Restricted Rights.
If Software is being acquired by or on behalf of
the U.S. Government or by a U.S. Government prime
contractor or subcontractor (at any tier), then the
Government's rights in Software and accompanying
documentation will be only as set forth in this
Agreement; this is in accordance with 48 CFR
227.7201 through 227.7202-4 (for Department of
Defense (DOD) acquisitions) and with 48 CFR 2.101
and 12.212 (for non-DOD acquisitions).
9. Governing Law.
Any action related to this Agreement will be
governed by California law and controlling
U.S. federal law. No choice of law rules of any
jurisdiction will apply.
10. Severability.
If any provision of this Agreement is held to be
unenforceable, this Agreement will remain in effect
with the provision omitted, unless omission would
frustrate the intent of the parties, in which case
this Agreement will immediately terminate.
11. Integration.
This Agreement is the entire agreement between you
and Sun relating to its subject matter. It
supersedes all prior or contemporaneous oral or
written communications, proposals, representations
and warranties and prevails over any conflicting or
additional terms of any quote, order,
acknowledgment, or other communication between the
parties relating to its subject matter during the
term of this Agreement. No modification of this
Agreement will be binding, unless in writing and
signed by an authorized representative of each
party.
For inquiries please contact:
Sun Microsystems, Inc.
4150 Network Circle
Santa Clara, California 95054.
DEVELOPMENT TOOLS
JVMSTAT 3.0
SUPPLEMENTAL LICENSE TERMS
These supplemental license terms ("Supplemental
Terms") add to or modify the terms of the Binary Code
License Agreement (collectively, the
"Agreement"). Capitalized terms not defined in these
Supplemental Terms shall have the same meanings
ascribed to them in the Agreement. These Supplemental
Terms shall supersede any inconsistent or conflicting
terms in the Binary Code License Agreement, or in any
license contained within the Software.
A. Software Internal Use and Development License Grant.
Subject to the terms and conditions of this
Agreement, including, but not limited to Section B
(Java Technology Restrictions) of these
Supplemental Terms, Sun grants you a non-exclusive,
non-transferable, limited license to reproduce
internally and use internally the binary form of
the Software complete and unmodified for the sole
purpose of designing, developing and testing your
Java applets and applications intended to run on
the Java platform ("Programs").
B. Java Technology Restrictions.
You may not create, modify, or change the behavior
of, or authorize your licensees to create, modify,
or change the behavior of, classes, interfaces, or
subpackages that are in any way identified as
"java", "javax", "sun" or similar convention as
specified by Sun in any naming convention
designation.
C. Trademarks and Logos.
You acknowledge and agree as between you and Sun
that Sun owns the SUN, SOLARIS, JAVA, JINI, FORTE,
and iPLANET trademarks and all SUN, SOLARIS, JAVA,
JINI, FORTE, and iPLANET-related trademarks,
service marks, logos and other brand designations
("Sun Marks"), and you agree to comply with the Sun
Trademark and Logo Usage Requirements currently
located at
http://www.sun.com/policies/trademarks. Any use you
make of the Sun Marks inures to Sun's benefit.
D. Source Code.
Software may contain source code that is provided
solely for reference purposes pursuant to the terms
of this Agreement. Source code may not be
redistributed unless expressly provided for in this
Agreement.
E. Termination for Infringement.
Either party may terminate this Agreement
immediately should any Software become, or in
either party's opinion be likely to become, the
subject of a claim of infringement of any
intellectual property right.
For inquiries please contact:
Sun Microsystems, Inc.
4150 Network Circle, Santa Clara
California 95054
(LFI#143715/Form ID#011801)
