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.
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
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.
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:
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.
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:
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.
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.
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.
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,
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.
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.
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
of this License. By authorizing a version the Licensor agrees to make
authorization status of License versions for Licensor's Software
known and never to withdraw the authorization of that version of the
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.
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.
COPYRIGHT HOLDER CLAIMS THE COPYRIGHTS TO THE DISTRIBUTED SOFTWARE
ASSOCIATED WORKS WITH ALL RIGHTS RESERVED. COPYRIGHT HOLDER ALSO
APPLICABLE PATENT AND OTHER INTELLECTUAL PROPERTY RIGHTS WITH ALL
RESERVED. ALL OTHER CONTRIBUTORS DO LIKEWISE FOR EACH OF THEIR
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.
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:
under copyrights owned by Contributor to use, reproduce, modify, display, perform, sublicense and distribute the Software.
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:
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.
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.
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.
Users may make Modifications to their copy of the Software.
The following restrictions apply to Modifications:
Modifications must not alter or remove the Copyright Notice, nor
copyright notices, trademark notices or disclaimers in the Software.
If the Software contains one or more sections that are marked as an
to and/or part of the such a notice, then such section(s) may not be
removed either, except as noted in paragraph 9.2
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).
Users may not change the License for their Software, but they are
allowed to replace it with the version most recently authorized for
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.
When a User makes Modifications each change applied must be well documented and clearly distinguishable as being made by that User.
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:
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.
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.
Users may keep their Modifications and/or Derivatives and/or
Software private, in which case sections 12.1 through 12.6 do not
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:
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.
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.
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.
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.
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.
Distributor may distribute Modifications and/or Derivatives in a
is separate from the original Software, such as Delta Files.
ensure that such Delta Files either carry a verbatim copy of the
Copyright Notice, or a copy of it with appropriately changed
Copyright Notice may be in a different Source File, which must be
recognizable as such. Only the copyright holder of the Delta Files is
to change the Copyright Notice for such Delta Files and only the
of Copyright Holder, Country, State, and Court may be changed. The
Contributors may not be changed, except for appending Contributors to
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.
Section 12.3 does not apply to Dependent Software.
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.
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.
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.
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.
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).
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.
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:
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.
THE DISTRIBUTED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN
BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
WITHOUT LIMITATION, WARRANTIES THAT THE SOFTWARE IS FREE OF DEFECTS,
MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE
AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH THE USER.
ANY PART OF THE SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, THE USER
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
LICENSE. NO USE OF ANY SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER
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.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE USER, THE COPYRIGHT
OR ANY OTHER CONTRIBUTOR AND/OR DISTRIBUTOR AND/OR CO-LICENSOR, OR
SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON OR ANY LEGAL
FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR
DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
GOODWILL, LOST PROFITS, WORK STOPPAGE, COMPUTER FAILURE OR
ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY
HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT
ANY EXCLUSION OF DAMAGES ABOVE IS NOT VALID UNDER APPLICABLE LAW,
AGREES THAT IN NO EVENT WILL THE LIABILITY UNDER OR RELATED TO THIS
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.
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 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 ..... ..... ***********************************************************************
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.
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.
on section 2: Section was added to define various terms. Inclusion of terms defined in the copyright notice was based on Jabber, section 6.
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.
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.
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.
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.
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.
on section 8: Section was taken from QPL, granted rights, section 1, and merged with the Nokia Open Source License, section 2.1.
on section 8.1: Section was derived from Nokia Open Source license, section 2.1a.
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.
on section 8.3: Section was derived from Nokia Open Source license, section 2.1c.
on section 8.4: Section was derived from IBMPL, section 2d.
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.
on section 9: Section was derived from QPL, granted rights, section 3.
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.
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.
on section 9.3: Section was added to facilitate recognition of source of changes.
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.
on section 11: Section was taken from MPL1.1, section 3.7.
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.
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.
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.
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).
on section 12.3a: Section was derived from QPL, granted rights, section 3, first sentence.
on section 12.4: Section was taken from QPL, granted rights, section 4b.
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.
on section 12.6: Section was added to ensure that Dependent Software is not distributed without the Programming Tools they were based upon.
on section 13: Section was derived from Jabber, section 4e.
on section 14: Section was taken from SISSL, section 10.0.
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.
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.
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.
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.
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.
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: email@example.com .* 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, firstname.lastname@example.org Original version .* ..... ..... .* .**********************************************************************
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