Hi folks,
just thought for completeness' sake I'll throw this in also. It sounds
pretty close to what we want, although I'm not sure we want to restrict
distribution of an OpenCard clone that sets out to replace OpenCard. I
think we should allow that, too. But maybe we could use it, as everything
else looks rather good.
Please read this and tell me whether you think we could use it. We could
also ask Riochard Gaskin if he would mind if we hijacked his license as
ours. maybe he'd even help us in making the modifications in a way that
won't contain any legal pitfalls?
BTW, the numbering got lost during copying from HTML, sorry.
----- snip! -----
Fourth World Public License
Version 1.0
Last Revised 16 July 1999
Introduction
This document defines the terms and conditions governing the use and
distribution of the Software with which it is distributed.
I. Definitions
"Software" refers to the collection of files, including both source and
object code, and any accompanying documentation and examples, distributed
by the Copyright Holder, and derivatives of those files created through
modification.
"Standard Version" refers to such Software if it has not been modified, or
has been modified in accordance with the wishes of the Copyright Holder as
specified below.
"Copyright Holder" is any party named in the copyright or copyrights for
the Software.
"You" is any party considering copying, modifying, or distributing this
Software.
"Reasonable copying fee" is whatever you can justify on the basis of media
cost and duplication expenses.
"Freely Available" means that no fee is charged for the item itself, though
there may be fees involved in handling the item. It also means that
recipients of the item may redistribute it under the same conditions they
received it.
"Fourth World Public Archive" is the Internet resource located at
<http://www.devhq.com/4w/>, the official home of the Standard Version of
the Software and other materials governed under this agreement.
"Archivist" means the party designated by the Copyright Holder with the
responsibility to incorporate modifications into the Standard Version at
the direction of the Copyright Holder. As of this writing, the designated
Archivist for Software distributed under the Fourth World Public License is
Chilton Webb, of DevHQ, College Station, Texas, USA <[EMAIL PROTECTED]>.
II. Software License
You may make and give away copies of the source and/or object form of the
Standard Version of this Software without restriction, provided that:
you duplicate all of the original copyright notices and associated disclaimers.
the Software is freely available, without collecting any royalties or fees
of any kind, with the exception of reasonable copying fees to cover
distribution costs.
You may modify your copy of this Software in any way, provided that:
you insert a prominent notice in each changed file stating how and when you
changed that file.
modifications to the source code are not deliberately obfuscated to prevent
understanding of underlying algorithms.
any modified version of the source or object code must be clearly renamed
as to identify it as distinct from the Standard Version, and must include
instructions on where to obtain the Standard Version.
any modified version of the Software is made freely available, without
collecting any royalties or fees of any kind, with the exception of
reasonable copying fees to cover distribution costs.
You are strongly encouraged to send a copy of any distributable version of
modified source code to the designated Archivist at the email address noted
above to be considerded for incorporation into the Fourth World Public
Archive, so that it can be shared with others under these same terms and
conditions. Modifications submitted in this fashion may or may not become
part of a future release of the Standard Version of the Software, at the
sole discretion of the Copyright Holder.
Object code derived in whole or in part from the Software may be used as an
incidental portion of a larger commercial work, provided that the primary
purpose of the larger work is substantially different from that of the
Software such a work includes (i.e., it does not attempt to simply replace
the Software). The commercial product or work for hire which includes the
Software in this manner shall not be construed as a distribution of the
Software, and is not restricted by the terms and conditions of the Fourth
World Public License. Any modified source code for the Software itself
included in such a larger work, however, is still governed by the terms and
conditions of Fourth World Public License.
The name of the Copyright Holder, Fourth World, Wetware, Inc. or DevHQ, may
not be used to endorse or promote products derived from this software
without specific prior written permission from the parties involved.
III. Disclaimer of Warranty
SOFTWARE 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 SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE,
FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE
QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. SHOULD ANY PORTION OF
THE SOFTWARE 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 PORTION OF THE SOFTWARE IS AUTHORIZED
HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
V. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR,
OR ANY DISTRIBUTOR OF THE SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES,
BE LIABLE TO YOU OR ANY OTHER 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 THAT
EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
----- snip! -----
Cheers,
-- M. Uli Kusterer
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