Bixoft Public License - Proposal.

It is our intention to make the Bixoft eXtended Assembly Language macro library and several sample programs available to the public under the following "Public License". Publication of our macros and sample programs will follow as soon as the Public License reaches version 1.0.

 

Remark:
This is an intermediate version of the Bixoft Public License, with "proposal" status. It is subject to change without notification. The first final version will be published with version number 1.0. The rationale, this remark and all other remarks contained in this version of the document will not be part of the final version. All of your comments are welcome; please e-mail us. Please observe that Bixoft is a "one man's army", therefore it may take a few days before you receive a response to your mail.

THE ACCOMPANYING SOFTWARE IS PROVIDED UNDER THE TERMS OF THIS LICENSE.
Nothing but acceptance of this License grants you permission to use, modify, reproduce or distribute the licensed Software or any of its derivative works. Therefore:
ANY USE, MODIFICATION, REPRODUCTION OR DISTRIBUTION OF THE SOFTWARE CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.

Rationale

We (Abe Kornelis of B.V. Bixoft with support from Steve Lhomme of Mukoli) would have preferred to use an existing OSI-approved license, or a copy of one with only slight modifications. Unfortunately none of the licenses currently approved by the OSI meet all of the following criteria:

  1. Distinguish between programming tools and other software and make it possible to distribute both types of software in a single package.
    > We need to make the distinction because it would be unreasonable to treat anything made with the distributed software as a derivative. Taken to extremes: a C program is not a derivative of the compiler used to create the executable.
    >> Only LGPL distinguishes libraries of objects and/or executables from "ordinary" software, but the programming tool concept relates to source and/or code generation rather than linkage.
  2. Require contributors to allow the copyright holder to incorporate any or all of their distributed modifications in future releases of the software.
    > We need this in order to keep the software consistent with contributions distributed by others. We wish to keep the amount of source code forking to the absolute minimum, but this requires to expressly claim this right, so that all contributors know in advance that their contributions, when distributed, may be incorporated in a future release of the software.
    >> Only QPL and Apple currently have such an explicit provision.
  3. Treat copyrights and patent rights separately and explicitly. Even though a lot of people have serious objections to the current trend in software patents, such patents are currently a fact and need to be dealt with.
    > For obvious legal reasons.
    >> Some of the existing licenses do, but not all of them.
  4. Disallow object-only distributions.
    > We feel that source code of the software should be made available to all users, either with the distribution itself, or through some other medium.
    >> Some licenses appear to allow non-source re-distributions. We regard this as being in conflict with our intentions regarding the software we wish to distribute under this license.
  5. Require that modifications remain recognizable as such.
    > This is to facilitate re-applying modifications from one user to another. It also is intended to facilitate the incorporation of modifications into new releases. Plus it helps tremendously to determine - in case of conflict - who authored which parts of the software.
    >> Several existing licenses have such a clause, but not all of them do.
  6. Make our dual licensing policy explicit.
    > We make the software available to the public, free for anyone to use. However, if anyone (read large software companies) wishes to use the software they can do so with the free version only if they too yield their sources to the free software community. If they don't want to do that, they'll have to obtain a closed license for their use of the software.
    >> Currently only the GPL/LGPL and MPL licenses are explicit on dual licensing.
  7. Allow the copyright holder to select the applicable law.
    > Since Bixoft is based in the Netherlands and Mukoli in France.
    >> None of the OSI-approved licenses does this, but this would be only a minor change to most extant OSI-approved licenses.
  8. Allow application of local languages in addition to English.
    > For enhanced applicability.
    >> None of the OSI-approved licenses does this.

We have found that the need for distinguishing between Programming Tools and other software (as well as distinguishing between Dependent Software and Derivatives) is not too self-evident. Therefore please consider the following:

So, looking at all of the requirements above we felt forced to create (yet) another open source license. We chose to create our proposal in a skeleton form, so that others may easily use it for their own purposes. What follows is a preamble (like the Jabber Open Source License) including a Glossary, which in turn is followed by the actual license.

Preamble

This preamble is intended to describe, in plain usual English, the nature and scope of this license. However, this preamble is not a part of this license. The legal effect of this license is dependent only upon the terms of the license and not this preamble.

If OSI grants approval to this license, then we will insert the following paragraph right here:

This license complies with the Open Source Definition and has been approved by the Open Source Initiative - http://www.opensource.org. Software distributed under this license may be marked as "OSI Certified Open Source Software".

The following links to each section of the license and lists a short description of that section's content and intent:

1)
Claims our copyright to the license document.
2)
Defines various terms used in the license.
3)
States that if you cannot or will not comply with this license, then you must either obtain a different license for the software, or you may not use the software at all.
4)
States that you may use this license for your own software.
If you would like to use a modified version, please contact B.V. Bixoft with your request.
5)
Specifies that only B.V. Bixoft may issue new versions of this license; you may at all times replace your version of the license with the most current version authorized for your software. It is up to the each copyright holder to decide on authorization of license versions for their software.
6)
Defines the applicable law and details of conflict resolution. Also treats various legal details.
7)
Claims all applicable intellectual property rights.
8)
Grants you the rights - other than third-party patents - you need to be able to legally use, copy, modify and execute the licensed software.
9)
Allows you to modify the licensed software, provided that your modifications are kept identifiable and you do not mangle any notices or disclaimers.
10)
Defines what exactly are "derivatives" and "dependent software" and allows you to make such derivatives and/or dependent software.
11)
Allows you to create a larger work (i.e. a collective work), provided that you still comply with this license for the incorporated software.
12)
States that you may keep your modifications, derivatives and dependent software private, or you can supply them to the copyright holder. Alternatively, you may distribute such software yourself, provided you meet the following criteria:
12.1)
An unchanged copy of this license must be included. For dependent software only, this license may be replaced by a different OSI-approved license.
12.2)
The software may be (re)distributed only under the included license.
12.3)
Modifications and derivatives may be distributed as patch or delta files, or they may be distributed in an integrated version. In either case the correct copyright notice must be included.
12.4)
If you distribute the software without the sources, these sources have to be publicly available (in a machine-usable form).
12.5)
Distribution of modifications and derivatives (not dependent software) requires you to grant the copyright holder the right to incorporate your modifications in future releases of the software.
12.6)
Dependent software must be accompanied by the programming tools used to create it.
13)
You are allowed - if you redistribute the software - to grant additional rights to your users, provided that you shield all other contributors and distributors from any liability whatsoever.
14)
States details in case the U.S. Government uses the licensed software.
15)
States that this license will be revoked automatically if you do not comply with this license.
16)
Asserts that you may no longer use the software under this license if you claim that the licensed software infringes any of your patents.
17)
Makes explicit that the software comes with absolutely no warranty whatsoever at all.
18)
Makes explicit that all liability resulting from the use of the software is yours alone and nobody else's.

Glossary

Anyone
Any person or entity
Co-Licensor
Anyone licensing any rights under this License, excluding the Copyright Holder
Contribution
The Software and anything added to it by contributors
Contributor
The Copyright Holder and anyone else who contributes to the Software
Copyright Holder
The owner of the copyright(s) of your licensed software
Copyright Notice
The modified or translated copy of Exhibit A included with your licensed software.
Country
The country whose laws apply
Court
The court where conflicts will be settled
Delta File
A delta or patch file specifying differences between two versions of a Source File
Dependent Software
Software that depends on the Software, but is not derived from it
Derivatives
Translated, modified or enhanced versions of the Software
Distributor
The Copyright Holder and anyone else distributing the Software
Entity
A legal or other entity, not being a person
Gratis
For (nearly) no charge
Larger Work
A work that combines the Software with other software
License
This license
Licensor
Anyone who applies this license to his/her own software
Modification
Any change to the Software
Programming Tool
Any part of the Software designated as such by the Copyright Holder
Software
Anything distributed under this license
Source Code
Preferred form of the Software for making changes
Source File
A file or member containing Source Code
State
The state (within Country) whose laws apply
User
Anyone who possesses a copy of the Software

LICENSE TERMS

THE ACCOMPANYING SOFTWARE IS PROVIDED UNDER THE TERMS OF THIS LICENSE.
Nothing but acceptance of this License grants you permission to use, modify, reproduce or distribute the licensed Software or any of its derivative works. Therefore:
ANY USE, MODIFICATION, REPRODUCTION OR DISTRIBUTION OF THE SOFTWARE CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.

General

1. Copyright

Copyright © 2001-2004 B.V. Bixoft, The Netherlands. All rights reserved. This License itself is protected by Dutch copyright law, and is governed by the laws of The Netherlands. Disputes with regard to the License itself shall be settled by a Dutch court with appropriate jurisdiction.

2. Definitions

This section defines - in alphabetical order - various terms used in this License. They are used in this License without explicit mention of their definition.

In this License both singular and plural forms are used interchangeably to designate either the singular and/or the plural form, except where a notice to the contrary is expressly included. This statement can be applied generally; it's application is not intended to be restricted to the terms defined below.

Anyone:
Any person or any Entity or any group of any number of persons and/or Entities.
Co-Licensor:
Anyone other than Copyright Holder, who under this License does license any rights associated with any Contribution(s).
If ownership of any of such rights is transferred from any of these parties (old Co-Licensor) to one or more other parties (new Co-Licensor), then the new Co-Licensor will serve as Co-Licensor instead of the old Co-Licensor, unless the old Co-Licensor retains ownership of some portion(s) of the granted right(s) in which case the new Co-Licensor will serve as Co-Licensor in addition to the old Co-Licensor as appropriate, and each party only for the right(s) owned by that party.
If Co-Licensor incurs any obligations with respect to such right(s) then those obligations are transferred with ownership of these right(s).
Contribution:
The Software distributed by Copyright Holder and/or any Modification(s) and/or any Derivative(s) that the owning Contributor has supplied to the Copyright Holder and/or to any third party or parties.
Dependent Software is not treated as a Contribution.
Contributor:
Anyone - including Copyright Holder - supplying any Contribution(s) in any form to any third party or parties.
If ownership of any of the rights granted in this License is transferred from any of these parties (old Contributor) to one or more other parties (new Contributor), then the new Contributor will serve as Contributor instead of the old Contributor, unless the old Contributor retains ownership of some portion(s) of the granted right(s) in which case the new Contributor will serve as Contributor in addition to the old Contributor as appropriate, and each party only for the right(s) owned by that party.
If Contributor incurs any obligations with respect to these right(s) then those obligations are transferred with ownership of these right(s).
Copyright Holder:
Anyone named as copyright holder in the Copyright Notice.
If ownership of any of the rights granted in this License is transferred from any of these parties (old Copyright Holder) to one or more other parties (new Copyright Holder), then the new Copyright Holder will serve as Copyright Holder instead of the old Copyright Holder, unless the old Copyright Holder retains ownership of some portion(s) of the granted rights in which case the new Copyright Holder will serve as Copyright Holder in addition to the old Copyright Holder as appropriate, and each party only for the rights owned by that party.
If Copyright Holder incurs any obligations with respect to these right(s) then those obligations are transferred with ownership of these right(s).
Copyright Notice:
The modified copy of Exhibit A of this License that serves as copyrights notice of the Software.
Country:
The country named in the Copyright Notice.
Court:
The court named in the Copyright Notice.
Delta File:
A Source File that specifies one or more Modifications to be applied to a pre-existing version of a Source File in order to change it into a different version. A Delta File may appear in compressed or archival form, provided the appropriate decompression or de-archiving software is both Gratis and widely available.
Dependent Software:
Any Dependent Software that is not a Derivative. Both terms are defined in section 10.
Derivatives:
Any Derivative work that is not Dependent Software. Both terms are defined in section 10.
Distributor:
Anyone - including Copyright Holder - making any version of any Contribution(s) available by any means to any third party or parties other than Copyright Holder. This includes amongst others the case where any executable version of the Software - with or without Modifications - is made available for access through a network or any other form of direct or indirect access.
If ownership of any of the rights granted in this License is transferred from any of these parties (old Distributor) to one or more other parties (new Distributor), then the new Distributor will serve as Distributor instead of the old Distributor, unless the old Distributor retains ownership of some portion(s) of the granted rights in which case the new Distributor will serve as Distributor in addition to the old Distributor as appropriate, and each party only for the rights owned by that party.
If Distributor incurs any obligations with respect to these right(s) then those obligations are transferred with ownership of these right(s).
Entity:
Any legal or other entity. For legal entities, "Entity" includes any entity which controls, is controlled by, or is under common control with the Entity. For purposes of this definition, "control" means
  1. the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or
  2. ownership of more than fifty percent (50%) of the outstanding shares or beneficial ownership of such entity.
Gratis:
For no charge, except for the cost of data transfer and/or taxes imposed by local and/or national and/or other government(s) and/or any governmental body or bodies.
Larger Work:
A collective work, as defined by applicable copyright law, that contains (part or parts of) any Contribution, with or without any additional Modification(s).
License:
This license as set forth in this document.
Licensor:
Anyone licensing any use of any of his/her own work(s) - as defined by applicable copyright law - under the terms and conditions of this License.
If ownership of any of the rights granted in this License is transferred from any of these parties (old Licensor) to one or more other parties (new Licensor), then the new Licensor will serve as Licensor instead of the old Licensor, unless the old Licensor retains ownership of some portion(s) of the granted rights in which case the new Licensor will serve as Licensor in addition to the old Licensor as appropriate, and each party only for the rights owned by that party.
If Licensor incurs any obligations with respect to these right(s) then those obligations are transferred with ownership of these right(s).
Modification:
One or more changes to the Software - including any addition(s) and/or any deletion(s) - either of whole Source Files or of any section(s) of any size within Source Files and/or their Derivatives and/or other (prior) Modifications.
Programming Tool:
Any licensed Software or portion of such Software that is declared as being a "programming tool" by the Copyright Holder. Such declaration must be located in the Copyright Notice.
Software:
Any work(s) under applicable copyright law containing a notice placed by the Copyright Holder saying that it may be distributed under the terms of this License. In case the Software is (partially) comprised of and/or accompanied by files and/or members that, by their nature, cannot contain such a notice, then these files and/or members are regarded as Software too, provided that such a notice is included in another file or member where it can easily be located.
For works that contain computer software "Software" includes documentation and/or any other document(s) and/or accompanying data that can be defined as a "work" under copyright law.
Source Code:
The preferred form of the Software for making Modifications to it, including, but not limited to, all its modules, any associated interface definition files, scripts used to control assembly and/or compilation and/or installation of the Software and/or any Derivatives (e.g. executables), linkage editor and/or binder control statements, and/or any other files or members needed to create the executables required to properly execute the Software, and any accompanying data required to make the generated executables function correctly.
Any software (including, but not limited to, assembler, compiler or interpreter) other than the licensed Software that is needed to create the executables of the Software, but that is not needed to properly execute the generated executables is not included in this definition of Source Code, provided that such software is available from Copyright Holder or from any other party. This is not to imply that Copyright Holder has any obligation to make such software available in case other parties no longer do so.
Deliberately obfuscated source code does not qualify as Source Code.
Source File:
A file or member containing Source Code.
Source Files may appear in a compressed or archival form, provided the appropriate decompression or de-archiving software is both Gratis and widely available. Source Files may appear as entire sources or they may be comprised of differential comparisons against any publicly available version of the Software, provided the appropriate de-comparison software for (re-)applying the changes to the original Source File(s) of the Software is both Gratis and widely available.
State:
The state named in the Copyright Notice.
User:
Anyone - other than Copyright Holder - who has, holds, keeps, possesses, owns or uses a copy of the Software.

3. This License

This License applies to the Software and covers modification and distribution of the Software, use of third-party application programs based on the Software, and development of other software that uses the Software. The intent of this License is to establish freedom to share and change the Software regulated by this License under the open source model. This License may be referred to as "Bixoft Public License version 0.N" or "BXAPL 0.N".

Any User who finds the terms and/or conditions of this License not acceptable either must obtain a different license for the Software, or must refrain from using - in any way - the Software altogether.
Likewise, any User who finds it impossible to comply with any of the terms and/or conditions of this License due to statute, judicial order, regulation, or any other reason, either must obtain a different license for the Software, or must refrain from using - in any way - the Software altogether.

4. Application of this License

Anyone is permitted to copy and distribute this License document, as long as the entire License is copied with no changes, deletions, or additions.

Anyone is permitted to become a Licensor by applying this License to their own software and/or other work(s), as long as the entire License is copied and applied with no changes, additions or deletions. By doing so Licensor becomes Copyright Holder of Licensor's own distributed Software.
Licensor must ensure that each Source File of the software to be licensed contains an appropriately modified copy of Exhibit A of this License that serves as a Copyright Notice for the recipients of such software. At least all terms in Exhibit A of this License that have been enclosed in angle brackets "<>" must be replaced as appropriate, and the resulting text must be converted into comments as appropriate in each Source File.

5. License Versions and Translations

No one but B.V. Bixoft is allowed to modify this License; only B.V. Bixoft may publish new versions of this License. Each version will be given a distinguishing version number.

Anyone is permitted to translate this License and/or associated Copyright Notice(s). Such translations may be distributed only if they accompany the translated English original. Whenever differences in meaning occur the English version prevails, unless all parties involved agree to use a specific translation.

Each Licensor has the option to authorize or not to authorize any version of this License. By authorizing a version the Licensor agrees to make the authorization status of License versions for Licensor's Software publicly known and never to withdraw the authorization of that version of the License.
Authorization may be applied per package or (sub)component of the Software, at the Licensor's discretion.

Users may at all times replace their version of this License with the version most recently authorized by the Copyright Holder of their copy of the Software.

6. Jurisdiction and Legal Details

Licensing of Software under this License is governed by the laws of the Country and State defined in the Copyright Notice. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded, unless the Copyright Notice states otherwise. Disputes with regard to the application of this License shall be settled by the Court defined in the Copyright Notice.

This License constitutes the entire agreement between parties with respect to the subject matter hereof. Failure by Copyright Holder to enforce any provision of this License will not be deemed a waiver of future enforcement of that or any other provision. Any law or regulation that provides that the language of a contract shall be construed against the drafter will not apply to this License.

If any provision of this License is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this License, and without further action by parties hereto, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.

Grants and Limitiations

7. Ownership of Intellectual Property

COPYRIGHT HOLDER CLAIMS THE COPYRIGHTS TO THE DISTRIBUTED SOFTWARE AND ASSOCIATED WORKS WITH ALL RIGHTS RESERVED. COPYRIGHT HOLDER ALSO CLAIMS ANY APPLICABLE PATENT AND OTHER INTELLECTUAL PROPERTY RIGHTS WITH ALL RIGHTS RESERVED. ALL OTHER CONTRIBUTORS DO LIKEWISE FOR EACH OF THEIR CONTRIBUTIONS.
This License does not grant any rights to trademarks, copyrights, patents, trade secrets or any other intellectual property of any Contributor and/or Distributor except as expressly stated herein. No right is granted to the trademark(s) of any Contributor and/or Distributor even if such marks are included in the Software.
Neither the names of Contributors and/or Distributors nor any of their products may be used in any way without prior written permission from the pertinent Contributor(s) and/or Distributor(s). Derivatives and/or Dependent Software may not be named after the Software, nor may they be given a name that might be confused with the name of any Contributor and/or any Distributor or any of their products and/or trademarks.

8. Granted Rigths

Each Contributor grants to Copyright Holder and to all Users - provided such Users agree to and comply with any and all conditions in this License - a non-exclusive non-revokable world-wide royalty-free right, subject to third-party intellectual property claims:

8.1. Copyrights

under copyrights owned by Contributor to use, reproduce, modify, display, perform, sublicense and distribute the Software.

8.2. Patent Rights

under Contributor's own patent claims necessarily infringed by the making, using or selling of the Software, to make, have made, use, practice, sell, and offer for sale, and/or otherwise dispose of the Software. However, no patent license is granted:

  1. separate from the Software
  2. for any software portions that have been deleted from the Software, or that have been deactivated in any other way
  3. for infringements caused by Modifications from other Contributors or the combination of the Software with other software or devices
  4. for hardware per se

8.3. Date of Grant

The licenses granted in sections 8.1 and 8.2 above are effective on the date Contributor first makes the pertinent Contribution(s) available to the Copyright Holder and/or to any third party or parties.

8.4. Ownership of Granted Rights

Each Contributor represents that to its knowledge it has sufficient copyright and patent rights in its Contribution(s), if any, to grant the licenses granted in sections 8.1 and 8.2 above.

8.5. Liability

User expressly acknowledges that although each Contributor grants the licenses to its Contribution(s) set forth herein, no assurances are provided by any Contributor that the Software does not infringe the patent or other intellectual property rights of any third party or parties. Each Contributor and each Distributor disclaims any liability to User for claims brought by any other entity based on infringement of intellectual property rights or otherwise. AS A CONDITION TO EXERCISING THE RIGHTS AND LICENSES GRANTED UNDER THIS LICENSE, EACH USER HEREBY ASSUMES SOLE RESPONSIBILITY TO SECURE ANY OTHER INTELLECTUAL PROPERTY RIGHTS NEEDED, IF ANY.

9. Modifying the Software

Users may make Modifications to their copy of the Software.
The following restrictions apply to Modifications:

9.1. Notices

Modifications must not alter or remove the Copyright Notice, nor any other copyright notices, trademark notices or disclaimers in the Software. If the Software contains one or more sections that are marked as an extension to and/or part of the such a notice, then such section(s) may not be altered or removed either, except as noted in paragraph 9.2 below.
If the Software produces output containing a copyright notice, then that notice must remain unaltered as well, except that it may be extended with either the term "and others" or "et al" and a reference to further information - or their equivalent(s) in the appropriate language(s).

9.2. License

Users may not change the License for their Software, but they are always allowed to replace it with the version most recently authorized for that Software by the Copyright Holder.
If the Software contains any section(s) as outlined in paragraph 9.1 above, then such sections may be altered, but only to support such a newer version of the License.

9.3. Documentation

When a User makes Modifications each change applied must be well documented and clearly distinguishable as being made by that User.

10. Derived and Dependent Works

Users may use the original or modified versions of the Software to assemble, compile, link-edit and/or run computer programs legally developed by that User or by others. Users also may develop computer programs, reusable components and other software items that make use of or link with the original or any modified version(s) of the Software. All of these items - including any assembled, compiled or otherwise translated versions of them - are called "Derivatives", unless they meet all of the following criteria:

  1. they are either new works under copyright law or derived from one or more other works that are totally unrelated to the Software.
  2. they make use only of Programming Tools, not of any other components of the Software
  3. they do not include Modifications either to the Programming Tools or their function in any way, nor to any other component of the Software

in which case they are called "Dependent Software". If Dependent Software requires changes to the Software used, then such software - together with the Modifications to the Software - will be regarded as a Derivative, unless the Modifications to the Software are kept separate, in which case such changes are regarded as Modifications to the Software, and the remaining software as Dependent Software, provided that it meets all of the criteria above. Both terms "Derivatives" and "Dependent Software" refer to any number (i.e. one or more) of such items.

11. Larger Works

Users may use the original or modified versions of the Software to create a Larger Work by combining it with other software not governed by the terms of this License, and/or additional Contributions and/or additional Dependent Software and distribute the Larger Work as a single product. In such a case, the distributor of the Larger Work must make sure all requirements of this License are fulfilled for the Software included in the Larger Work.

12.Distribution of covered and related materials

Users may keep their Modifications and/or Derivatives and/or Dependent Software private, in which case sections 12.1 through 12.6 do not apply.
Users may become a Contributor by supplying their own Contribution(s) to Anyone, including Copyright Holder. Users may also become a Distributor by distributing the original Software and/or User's own Contribution(s) in any form (source, object, executable or other) to Anyone other than Copyright Holder.
Any User can be a Contributor, a Distributor, both, or neither.
For any Distribution the following applies:

12.1 License

a) General

Irrespective of the included license no terms may be offered or imposed that alter or restrict the included license or the rights it grants. All Source Files must include a reference to the included license.

b) License for the Software and/or Modifications and/or Derivatives

This License document must be included - unchanged - in each distribution, or it may be replaced with the version most recently authorized by the Copyright Holder at the time each distribution is prepared.

c) License for Dependent Software

This License document must be included - unchanged - in each distribution, or it may be replaced with the version most recently authorized by the Copyright Holder at the time each distribution is prepared. Alternatively, after written permission to do so has been obtained from the Copyright Holder, the License may be replaced with a different OSI-approved license, which will be applicable only to Distributor's own Dependent Software.

12.2. Completeness

a) Distributor's own Contributions and/or Dependent Software

Distributor must ensure that any Contribution(s) and/or Dependent Software included in the distribution are available under the terms of the included license in addition to any other license(s) of Distributor. The use of such additional licenses is allowed only for Users who are both Distributor and Contributor and only for Distributor's own Dependent Software and/or Delta Files containing Distributor's own Modifications and/or Dependent Software.

b) All other Software and/or Contributions

Distributor must ensure that both the distributed copy of the original Software and any Modifications and/or Derivatives contributed by other Contributors are distributed in their entirety with each distribution, including - but not restricted to - the Copyright Notice, other copyright notices, trademark notices, and disclaimers, as released by the respective Contributors, and are available only under the terms of the included license.

12.3. Form

a) Form of Modifications and/or Derivatives

Distributor may distribute Modifications and/or Derivatives in a form that is separate from the original Software, such as Delta Files. Distributor must ensure that such Delta Files either carry a verbatim copy of the original Copyright Notice, or a copy of it with appropriately changed definitions. The Copyright Notice may be in a different Source File, which must be easily recognizable as such. Only the copyright holder of the Delta Files is allowed to change the Copyright Notice for such Delta Files and only the definitions of Copyright Holder, Country, State, and Court may be changed. The list of Contributors may not be changed, except for appending Contributors to it.
Alternatively, Distributor may distribute Modifications and/or Derivatives in a version that integrates the distributed Modifications and/or Derivatives with the original Software. In such cases Distributor must ensure that all Source Files in such a distribution carry a copy of the original Copyright Notice, with no changes or deletions, except for additions to its list of Contributors, as appropriate.

b) Form of Dependent Software

Section 12.3 does not apply to Dependent Software.

12.4. Availability of Source

Distributor must ensure that all recipients of non-source versions of the Software and/or Modifications and/or Derivatives are also able to receive and use the complete machine-readable Source Code for all Software and/or Modifications and/or Derivatives involved, and place prominent notices in the distribution explaining this. Distributor must ensure that such Source Code is both Gratis and easily obtainable.

12.5. Grant to Copyright Holder

Contributors distributing their own Modifications and/or Derivatives hereby grant a non-exclusive non-revokable world-wide royalty-free right to the Copyright Holder to distribute any such Modifications and/or Derivatives with future versions of the Software, provided such versions remain available under the terms of this License in addition to any other license(s) of the Copyright Holder. If such Modifications and/or Derivatives are not available to the general public, and the Copyright Holder requests a copy of their Source Code, then it must be supplied - unless the Copyright Holder waives this right in the Copyright Notice, in which case the Distributor may or may not supply the Source Code.

12.6. Dependent Software

Distributors of Dependent Software must ensure that the Dependent Software is accompanied by a complete distribution of the Programming Tools in the Software, including any Modifications, as used to create the distributed Dependent Software and its Derivatives. Distributors of Dependent Software must ensure that all Source Files of Dependent Software carry a copy of the original Copyright Notice with appropriately changed definitions. Only the copyright holder of the distributed Dependent Software is allowed to change the Copyright Notice for the Dependent Software and only the definitions of Copyright Holder, Country, State, Court, and waiver status for section 12.5 of this License may be changed, as well as the name that has been given to the Dependent Software and the details of the copyright claim itself. In the Copyright Notice for the Dependent Software the copyright holder of the distributed Dependent Software may either append Contributors to the list of Contributors, or replace it in its entirety, in which case Distributor must make sure it contains a reference to the Programming Tools that were used to create the Dependent Software and its Derivatives.

13. Other Obligations

Distributors may choose to offer warranty, support, indemnity and/or liability obligations to one or more of their Users under a contract that is separate from this License. However, Distributors may do so only on their own behalf, and not on behalf of the Copyright Holder or any other Contributor and/or Distributor. Such a Distributor must make it clear that any such warranty, support, indemnity or liability obligation is offered by that Distributor alone. Distributor hereby agrees to indemnify the Copyright Holder and every other Contributor and/or Distributor and/or Co-Licensor for any liability incurred by them as a result of warranty, support, indemnity or liability terms offered by Distributor.

14. U.S. Government

If the 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 the Software (including the accompanying documentation) shall be only as set forth in this License; this is in accordance with 48 C.F.R. 227.7201 through 227.7202-4 (for Department of Defense (DoD) acquisitions) and with 48 C.F.R. 2.101 and 12.212 (for non-DoD acquisitions).

Termination

15. Termination

This License and the rights granted hereunder will terminate automatically if User fails to comply with any of the terms herein and fails to cure such breach within fourteen days of becoming aware of the breach. However, User's obligations under this License will continue and survive. All sublicenses to the Software that are properly granted shall survive termination of the License, provided Users under such a sublicense comply with any and all conditions in the applicable License.

16. Patent Infringement

If a User (the "Patent Holder") initiates litigation by asserting a patent infringement claim against any Contributor, (the "Author") alleging that the Software infringes the Patent Holder's patent(s), then any and all rights granted by the Author and/or the Copyright Holder to the Patent Holder under this License shall terminate upon fourteen days notice (the "Notice Period") unless within the Notice Period the Patent Holder either:

  1. both pays the Author and/or Copyright Holder a mutually agreeable royalty for the Patent Holder's past use of the Software and agrees in writing to pay the Author and/or Copyright Holder a mutually agreeable royalty for Patent Holder's future use of the Software, or
  2. withdraws the Patent Holder's litigation claim with respect to the Software against Author.

If within the Notice Period a 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 the Author and/or Copyright Holder to the Patent Holder under this License automatically terminate at the expiration of the Notice Period. However, the Patent Holder's obligations under this License will continue and survive. All sublicenses to the Software that are properly granted shall survive termination of the License, provided Users under such a sublicense comply with any and all conditions in the applicable License.

DISCLAIMER OF WARRANTY

17. NO WARRANTY

THE DISTRIBUTED 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 THE USER. SHOULD ANY PART OF THE SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, THE USER (NOT THE COPYRIGHT HOLDER NOR ANY OTHER CONTRIBUTOR AND/OR DISTRIBUTOR AND/OR CO-LICENSOR) ASSUMES THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
Each User is solely responsible for determining the appropriateness of using and distributing the Software and assumes all risks associated with exercising any right(s) under this License, including but not limited to the risks and costs of program errors, compliance with applicable laws, damage to or loss of data, programs or equipment, and unavailability or interruption of operations.

LIMITATION OF LIABILITY

18. NO LIABILITY

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE USER, THE COPYRIGHT HOLDER, OR ANY OTHER CONTRIBUTOR AND/OR DISTRIBUTOR AND/OR CO-LICENSOR, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON OR ANY LEGAL ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, 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. TO THE EXTENT THAT ANY EXCLUSION OF DAMAGES ABOVE IS NOT VALID UNDER APPLICABLE LAW, USER AGREES THAT IN NO EVENT WILL THE LIABILITY UNDER OR RELATED TO THIS LICENSE EXCEED FIFTY US DOLLARS ($50).
Each User is responsible for claims and/or damages arising, directly or indirectly, out of its utilization of rights under this License, especially if the use of the Software might cause severe damage, radioactive or other environmental pollution, personal injury, health hazards, death or other damages of any kind. User agrees to work with Copyright Holder and/or any other Contributors and/or Distributors and/or Co-Licensors to distribute such responsibility on an equitable basis. Nothing herein is intended or shall be deemed to constitute any admission of liability.

18.1 Intellectual Property

User may need intellectual property rights other than those granted in sections 8.1 and 8.2. As stated in section 8.5 IT IS EACH USER'S SOLE RESPONSIBILITY TO SECURE ANY SUCH INTELLECTUAL PROPERTY RIGHTS NEEDED. Please refer to section 8.5 for details on liability with regard to intellectual property.

Exhibit A

Remark:
Exhibit A serves only as a prototype for the Copyright Notice. Please refer to te Copyright Notice that came with the Software to determine the details that apply to you.

***********************************************************************

         Copyright Notice.

     Licensed material - Property of <Copyright Holder>

This source file is part of <Copyright Holder>'s <Product name>.
(C) Copyright <Copyright Holder>, <Country>, <Year-Year>.
All rights reserved. Modifications (C) copyrighted by their respective
contributors, all rights reserved.

The contents of this file are subject to the Bixoft Public License
Version 0.N (the "License"); you may not use this file in any way
except in compliance with the License. You should have received a copy
of the License with this source; see <file or member name>. You
may also obtain a copy of the License at
http://www.bixoft.nl/english/license.htm or
<the web address of your copy of the license>

ANY USE OF THE SOFTWARE CONSTITUTES ACCEPTANCE OF THE LICENSE.

Anything 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.

Entitlement to Source Code of Modifications and/or Derivatives
(see section 12.5 of the License for details) is <not> waived.

Definitions required by the License:
Copyright Holder: <name>, <country>
    e-mail: <e-mail address>
Country: <country>, i.e. the laws of <country> apply.
State  : <state, or not applicable>
Court  : <court designation>
Programming Tool status: This source <is or is not> a
Programming Tool.

Contributor(s):        Contribution:
<author>, <e-mail address>     Original version
.....            .....

***********************************************************************

 


 

Remarks
on initial section: Section was taken from IBMPL, first paragraph, and modified to reflect that not all software is a "program". The mixed-case section was derived from GPL section 5. This license uses the term Software to cover programs, libraries, and programming tools. For interactive programs it is advised that an "I accept"-button is included in the program.

Remarks
on section 1: First sentence was taken from QPL, first paragraph of intro, and modified. Application of law was taken from QPL, last paragraph. We opt for Dutch law, since we're located in the Netherlands. We chose the court of Amsterdam because it has more experience in international matters than most other Dutch courts.

Remarks
on section 2: Section was added to define various terms. Inclusion of terms defined in the copyright notice was based on Jabber, section 6.

Remarks
on section 3: First and second sentences were taken from QPL, second paragraph. Third sentence was added to fit the skeleton structure of this license. Second section added to make the dual licensing policy explicit, partly based upon MPL1.1, section 4.

Remarks
on section 4: First sentence was inspired by QPL, second sentence of intro. Remainder was inspired by the Aladdin Free Public License (not an OSI-approved license), introduction.

Remarks
on section 5: Various public licenses allow the User to choose any version of the license document. This leaves too much use for misuse of inadvertent errors or loopholes in some version of the license. In stead of fixing Users to the version they once received, we offer them the choice to use either the version they received with their copy of the Software, or to replace it with the most current version at the moment of replacement.
Licensors, on the other hand, are allowed to authorize or not to authorize any version available, so they are not forced to accept conditions of a newer version if these are not acceptable to them.
Second paragraph was added to allow translations of the License and/or Copyright Notice. After all, not everybody is equally fluent in English.

Remarks
on section 6: First paragraph was taken from QPL, last paragraph. Modified to fit the skeleton structure of this license. The additional statement on the UNCISG was taken from Jabber PL, section 13.
Second paragraph, first sentence taken from Apple Public License, section 13.7. Second sentence derived from same, section 13.4. Third sentence taken from MPL1.1 section 11, last sentence.
Provision for unenforceability taken from IBMPL, section 7, first paragraph.

Remarks
on section 7: Claim of intellectual property rights (including copyright and patent rights) added to make these matters explicit.
Second paragraph was based on the Jabber public license, section 3 of the license terms. Rephrased it to make it readable and removed some of the details. Added protection for Contributor's names, trademarks and products, which was based on the Apache Software License, sections 4 and 5.

Remarks
on section 8: Section was taken from QPL, granted rights, section 1, and merged with the Nokia Open Source License, section 2.1.

Remarks
on section 8.1: Section was derived from Nokia Open Source license, section 2.1a.

Remarks
on section 8.2: Section was derived from Nokia Open Source license, section 2.1b. Details from NOKOS section 2.1d were added. Last exception was taken from IBMPL, last sentence of section 2b.

Remarks
on section 8.3: Section was derived from Nokia Open Source license, section 2.1c.

Remarks
on section 8.4: Section was derived from IBMPL, section 2d.

Remarks
on section 8.5: Section was derived from IBMPL, section 2c. The words "Expressly acknowledge" were taken from the Apple Public Source License, first sentence of section 2.3.

Remarks
on section 9: Section was derived from QPL, granted rights, section 3.

Remarks
on section 9.1: First sentence was taken from QPL, granted rights, section 3a. Protection for trademarks and disclaimers was added. Statement on copyright notice on produced output added too.

Remarks
on section 9.2: Section was added to allow the User to choose the most current version of the pertinent license in stead of the version that came with his/her copy. The intention is to allow the redistributing User a choice of version, while preventing unnecessary proliferation of outdated or repaired versions. See also on section 5.

Remarks
on section 9.3: Section was added to facilitate recognition of source of changes.

Remarks
on section 10: Section was taken from QPL, granted rights, section 5 and section 6 except its redistribution clause. Joined the texts and made the text applicable to both macro libraries and programs. Added the definition of the term "Derivatives", since it seems not always to be clear what exactly "Derivatives" are. Also added the distinction between Derivatives, which build upon and expand existing Software, and "Dependent Software", which is created with the aid of Programming Tools supplied with the Software, but does not derive from the Software.
We're not too happy with the term "Dependent Software". It was 'invented' to denote software items that use the Software, but that are not Derivatives of it - a "work that uses the Library" in terms of the LGPL. We thought "work that uses the Software" rather unwieldy. If anyone has a better name for such software, please let us know; a good name will certainly improve the text of this license.

Remarks
on section 11: Section was taken from MPL1.1, section 3.7.

Remarks
on section 12: Section was derived from QPL, granted rights, section 4 and section 6 (just the redistribution clause), with changes to allow for distribution of changed and/or unchanged versions of the Software in any relevant format.

Remarks
on section 12.1a: Section was taken from QPL, granted rights, section 4a. The term "unchanged" was added for clarity. First sentence was extended to allow the User to choose the most current version of this license in stead of the version that came with his/her copy. Analogous to the provision under on section 9.2. The exclusion of restrictions was based on third sentence of MPL 1.1 section 3.1. Statement on alternative licenses was added to give creators of Dependent Software more freedom in selecting any OSI-approved license.

Remarks
on section 12.1b: Section was taken from QPL, granted rights, section 4a. The term "unchanged" was added for clarity. First sentence was extended to allow the User to choose the most current version of this license in stead of the version that came with his/her copy. Analogous to the provision under on section 9.2. The exclusion of restrictions was based on third sentence of MPL 1.1 section 3.1. Statement on alternative licenses was added to give creators of Dependent Software more freedom in selecting any OSI-approved license.

Remarks
on section 12.2: Section was taken from QPL, granted rights, section 4c. Protection expanded to include trademark notices and disclaimers. Added dual-license option for User's Contribution(s).

Remarks
on section 12.3a: Section was derived from QPL, granted rights, section 3, first sentence.

Remarks
on section 12.4: Section was taken from QPL, granted rights, section 4b.

Remarks
on section 12.5: Section was taken from QPL, granted rights, section 3b and 6c. The terms "world-wide" and "royalty-free" were inserted in accordance with the first sentence of on section 8. Distributor changed to Contributor. Added allowance for waiver of entitlement to Source Code of Modifications and/or Derivatives because not all Licensors are likely to require such entitlement.

Remarks
on section 12.6: Section was added to ensure that Dependent Software is not distributed without the Programming Tools they were based upon.

Remarks
on section 13: Section was derived from Jabber, section 4e.

Remarks
on section 14: Section was taken from SISSL, section 10.0.

Remarks
on section 15: Section was taken from Jabber public license, section 9a and combined with IBM public license, section 7, third paragraph. Last sentence added to close a potential loophole.

Remarks
on section 16: Section was taken from Jabber public license, section 9b and combined with IBM public license, section 7, second paragraph. Some rephrasing was applied in an attempt to make this section more readable to non-lawyer types. Largely unsuccessful, I'm afraid. Last sentence closes same potential loophole as in section 15.

Remarks
on section 17: Uppercase section was taken from Jabber public license, section 8 with addition of some terms from other public licenses. Mixed case section was taken from IBMPL, mixed case section of section 5.

Remarks
on section 18: Uppercase section was taken from Jabber public license, sections 10 and 11 with addition of some terms from other public licenses. Limitation to USD 50 was based upon Ricoh Source Code Public License, section 9. Mixed case section was based on Jabber, section 11, with specific risks taken from Apple Public Source License Version 1.2, section 8 and Ricoh Source Code Public License, section 9.

Remarks
on section 18.1: Since section 8.5 covers liability-related issues as well this section was added for clarity, with a pointer to the real text in section 8.5.

Remarks
on exhibit A: The Exhibit was based on the Nokia Open Source License and others.
See below for the version that will accompany Bixoft's eXtended Assembly language. In macro's comment lines start with the characters ".*" as you may see in the Copyright Notice below.

.**********************************************************************
.*
.*          Copyright Notice.
.*
.*      Licensed material - Property of B.V. Bixoft.
.*
.* This source file is part of Bixoft's eXtended Assembly language, or
.* the BXA library. (C) Copyright B.V. Bixoft, the Netherlands,
.* 1999-2002. All rights reserved. Modifications (C) copyrighted by
.* their respective contributors, all rights reserved.
.*
.* The contents of this file are subject to the Bixoft Public License
.* Version 0.N (the "License"); you may not use this file in any way
.* except in compliance with the License. You should have received a
.* copy of the License with this source; see member $LICENSE. You may
.* also obtain a copy of the License at
.* http://www.bixoft.nl/english/license.htm
.*
.* ANY USE OF THE SOFTWARE CONSTITUTES ACCEPTANCE OF THE LICENSE.
.*
.* Anything 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.
.*
.* Entitlement to Source Code of Modifications and/or Derivatives
.* (see section 12.5 of the License for details) is <not> waived.
.*
.* Definitions required by the License:
.* Copyright Holder: B.V. Bixoft, the Netherlands
.*     e-mail: bixoft@bixoft.nl
.* Country: the Netherlands, i.e. the laws of the Netherlands apply.
.* State  : not applicable
.* Court  : any Dutch court with appropriate jurisdiction, i.e. the
.*          court of appropriate jurisdiction will settle any disputes.
.* Programming Tool status: This source is a Programming Tool.
.*
.* Contributor(s):        Contribution:
.* B.V. Bixoft, bixoft@bixoft.nl    Original version
.* .....            .....
.*
.**********************************************************************

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