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Ben Cotton 2012-11-21 22:06:04 -05:00
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THIS IS A DRAFT. DO NOT USE AS A LICENSE. THIS IS A DRAFT. DO NOT USE AS A LICENSE.
copyleft-next ("this License") copyleft-next ("this License")
1. Basic Definitions. 1. Basic Definitions.
"Covered Work" means the Received Work or a Derived Work. "Covered Work" means the Received Work or a Derived Work.
"Derived Work" means a work of authorship that copies from, "Derived Work" means a work of authorship that copies from, modifies,
modifies, adapts, is based on, contains, transforms or translates adapts, is based on, contains, transforms or translates all or part of
all or part of the Received Work such that copyright permission is the Received Work such that copyright permission is required. Derived
required. Derived Works do not include Mere Aggregation or the mere Works do not include Mere Aggregation or the mere making of a verbatim
making of a verbatim copy of the Received Work. copy of the Received Work.
"Distribute" means to transfer or make available a copy to someone "Distribute" means to transfer or make available a copy to someone else
else (in the case of an organization, to someone outside of the (in the case of an organization, to someone outside of the
organization), such that copyright permission is required. organization), such that copyright permission is required.
"Distributor" means Us and anyone else who Distributes a Covered "Distributor" means Us and anyone else who Distributes a Covered Work.
Work.
"Mere Aggregation" means an aggregation of a Covered Work with a "Mere Aggregation" means an aggregation of a Covered Work with a
Separate Work. However, if the license of such an aggregation Separate Work. However, if the license of such an aggregation restricts
restricts users from exercising rights in the Covered Work given by users from exercising rights in the Covered Work given by this License,
this License, the aggregation is not Mere Aggregation. the aggregation is not Mere Aggregation.
"Object Code" means any form of a work that is not Source Code. "Object Code" means any form of a work that is not Source Code.
"Received Work" means the particular work of authorship We license "Received Work" means the particular work of authorship We license to
to you under this License. you under this License.
"Separate Work" means a work that is separate from and independent "Separate Work" means a work that is separate from and independent of a
of a particular Covered Work and is not by its nature an extension particular Covered Work and is not by its nature an extension or
or enhancement of the Covered Work, and/or a runtime library, enhancement of the Covered Work, and/or a runtime library, standard
standard library or similar component bundled with a Separate Work library or similar component bundled with a Separate Work that is used
that is used to generate an Object Code form of the Covered Work. to generate an Object Code form of the Covered Work.
"Source Code" means the preferred form of a work for making "Source Code" means the preferred form of a work for making
modifications to it. modifications to it.
"We"/"Us"/"Our" refers to the individual or organization that places "We"/"Us"/"Our" refers to the individual or organization that places the
the Received Work under this License. Received Work under this License.
2. License Grants. 2. License Grants.
Subject to the terms of this License, We grant you: Subject to the terms of this License, We grant you:
a. A non-exclusive, worldwide, royalty-free, irrevocable copyright a. A non-exclusive, worldwide, royalty-free, irrevocable copyright
license, for the duration of Our copyright in the Received Work, license, for the duration of Our copyright in the Received Work, to
to make, copy, Distribute, publicly perform and publicly display make, copy, Distribute, publicly perform and publicly display
Covered Works, in any medium. Covered Works, in any medium.
b. A non-exclusive, worldwide, royalty-free, irrevocable patent b. A non-exclusive, worldwide, royalty-free, irrevocable patent license
license under Licensed Patents to make, have made, use, sell, under Licensed Patents to make, have made, use, sell, offer for
offer for sale, import and otherwise transfer Covered sale, import and otherwise transfer Covered Works. "Licensed
Works. "Licensed Patents" means all patent claims licensable by Patents" means all patent claims licensable by Us, now or in the
Us, now or in the future, that are necessarily infringed by future, that are necessarily infringed by making, using, or selling
making, using, or selling the Received Work, but do not include the Received Work, but do not include claims that would be infringed
claims that would be infringed only as a consequence of further only as a consequence of further modification of the Received Work.
modification of the Received Work.
This License is not intended to exclude or limit any rights you This License is not intended to exclude or limit any rights you have
have under applicable copyright doctrines of fair use, fair dealing under applicable copyright doctrines of fair use, fair dealing or other
or other equivalents, and any implied license or other defense to equivalents, and any implied license or other defense to infringement
infringement that may otherwise be available to you under that may otherwise be available to you under applicable patent law.
applicable patent law.
3. No Trademark License. 3. No Trademark License.
This License does not grant any rights in Our name, trademarks, This License does not grant any rights in Our name, trademarks, service
service marks, or logos. marks, or logos.
4. Proprietary-Relicensing. 4. Proprietary-Relicensing.
If and when We Proprietary-Relicense, now or in the future, you are If and when We Proprietary-Relicense, now or in the future, you are not
not bound by sections 5 through 11 of this License. bound by sections 5 through 11 of this License. "Proprietary-Relicense"
"Proprietary-Relicense" means to offer a work that would be a means to offer a work that would be a Covered Work had you prepared it,
Covered Work had you prepared it, under a license that fails to under a license that fails to satisfy the Free Software Definition,
satisfy the Free Software Definition, version 1.111, as published version 1.111, as published by the Free Software Foundation ("FSF").
by the Free Software Foundation ("FSF").
5. Distribution: General Conditions. 5. Distribution: General Conditions.
You may Distribute Covered Works, provided that you: You may Distribute Covered Works, provided that you:
a) preserve all legal notices and textual author attributions a) preserve all legal notices and textual author attributions
contained in the Received Work (in the case of a Derived Work, to contained in the Received Work (in the case of a Derived Work, to
the extent such notices remain pertinent); the extent such notices remain pertinent);
b) inform recipients how they can obtain a copy of this License; and b) inform recipients how they can obtain a copy of this License; and
c) satisfy the applicable conditions of sections 6 through 9. c) satisfy the applicable conditions of sections 6 through 9.
6. Distributing Derived Works. 6. Distributing Derived Works.
If you Distribute a Derived Work, you must license the entire If you Distribute a Derived Work, you must license the entire Derived
Derived Work as a whole under this License, with prominent notice Work as a whole under this License, with prominent notice of such
of such licensing. This condition may not be avoided through such licensing. This condition may not be avoided through such means as
means as separate Distribution of portions of the Derived Work. separate Distribution of portions of the Derived Work.
7. Direct Licensing. 7. Direct Licensing.
When you Distribute a Covered Work, the recipient automatically When you Distribute a Covered Work, the recipient automatically
receives from Us a license to the Received Work subject to the receives from Us a license to the Received Work subject to the terms of
terms of this License. this License.
8. No Further Restrictions. 8. No Further Restrictions.
8.1 You may not impose further restrictions on the exercise of the 8.1 You may not impose further restrictions on the exercise of the rights
rights granted under this License ("Further Restrictions"). granted under this License ("Further Restrictions").
8.2 The preceding condition is not excused merely because Further 8.2 The preceding condition is not excused merely because Further
Restrictions result from your compliance with conditions or Restrictions result from your compliance with conditions or
obligations extrinsic to this License (for example, a court order obligations extrinsic to this License (for example, a court order or
or an agreement with a third party). an agreement with a third party).
8.3 Distribution of a Covered Work incorporating material licensed 8.3 Distribution of a Covered Work incorporating material licensed under
under the Apache License 2.0 does not impose Further Restrictions. the Apache License 2.0 does not impose Further Restrictions.
9. Object Code Distribution. 9. Object Code Distribution.
"Corresponding Source" of a Covered Work means (i) the Source Code "Corresponding Source" of a Covered Work means (i) the Source Code of
of the Covered Work; (ii) all scripts, instructions and information the Covered Work; (ii) all scripts, instructions and information known
known to you necessary for a skilled developer to build, compile, to you necessary for a skilled developer to build, compile, generate,
generate, modify, install and run the Covered Work; (iii) all modify, install and run the Covered Work; (iii) all relevant interface
relevant interface definition files; (iv) the Source Code of shared definition files; (iv) the Source Code of shared libraries that the
libraries that the Covered Work is specifically designed to Covered Work is specifically designed to require, such as by intimate
require, such as by intimate data communication or control flow data communication or control flow between those libraries and parts of
between those libraries and parts of the Covered Work; and (v) a the Covered Work; and (v) a list clearly identifying all Separate Works
list clearly identifying all Separate Works that were used in that were used in building, compiling, generating and installing the
building, compiling, generating and installing the Covered Work. Covered Work.
Corresponding Source must be in machine-readable form.
You may Distribute a Covered Work in Object Code form, provided Corresponding Source must be in machine-readable form.
that:
You may Distribute a Covered Work in Object Code form, provided
that:
a) For Object Code Distributed in a physical product or tangible a) For Object Code Distributed in a physical product or tangible
storage medium ("Product"): you accompany the Product with storage medium ("Product"): you accompany the Product with either:
either: (i) a durable physical medium customarily used for (i) a durable physical medium customarily used for software
software interchange that contains the Corresponding Source, or interchange that contains the Corresponding Source, or (ii) notice
(ii) notice of a network location through which the of a network location through which the Corresponding Source is
Corresponding Source is available, for the Minimum Period, under available, for the Minimum Period, under this License and at no
this License and at no charge. "Minimum Period" means the charge. "Minimum Period" means the longer of (i) two years from the
longer of (i) two years from the date of your Distribution of date of your Distribution of the Covered Work in the Product, or
the Covered Work in the Product, or (ii) the period during which (ii) the period during which you offer spare parts or customer
you offer spare parts or customer support for the Product. support for the Product.
b) For Object Code Distributed from a network location: you b) For Object Code Distributed from a network location: you accompany
accompany the Object Code with clear directions indicating how the Object Code with clear directions indicating how the
the Corresponding Source may be obtained under this License from Corresponding Source may be obtained under this License from a
a network location at no further charge and in a reasonably network location at no further charge and in a reasonably equivalent
equivalent manner. manner.
10. Outbound (A)GPL Compatibility. 10. Outbound (A)GPL Compatibility.
You may Distribute a Covered Work under one or more of the You may Distribute a Covered Work under one or more of the following
following licenses published by the FSF: licenses published by the FSF:
* GNU General Public License, version 2 * GNU General Public License, version 2
* GNU Affero General Public License, version 3 * GNU Affero General Public License, version 3
* later versions of the foregoing licenses. * later versions of the foregoing licenses.
@ -159,62 +159,61 @@ THIS IS A DRAFT. DO NOT USE AS A LICENSE.
11. Termination. 11. Termination.
11.1 If you fail to comply with the conditions of this License, then, 11.1 If you fail to comply with the conditions of this License, then,
unless you cure such noncompliance within thirty days after unless you cure such noncompliance within thirty days after becoming
becoming aware of it, your license grants under section 2 are aware of it, your license grants under section 2 are automatically
automatically terminated. terminated.
11.2 If you initiate a patent infringement litigation claim (excluding 11.2 If you initiate a patent infringement litigation claim (excluding
declaratory judgment actions, counterclaims, and cross-claims) declaratory judgment actions, counterclaims, and cross-claims)
alleging that any part of the Received Work directly or alleging that any part of the Received Work directly or indirectly
indirectly infringes any patent, then your license grants under infringes any patent, then your license grants under section 2 are
section 2 are automatically terminated. automatically terminated.
11.3 Termination of your rights disqualifies you from receiving new 11.3 Termination of your rights disqualifies you from receiving new
licenses covering the Received Work, but it does not terminate licenses covering the Received Work, but it does not terminate the
the rights of those who have received copies or rights from you rights of those who have received copies or rights from you subject
subject to this License. to this License.
11.4 Your right to make copies necessarily incident to running Covered 11.4 Your right to make copies necessarily incident to running Covered
Works shall never be terminated. Works shall never be terminated.
12. Later License Versions. 12. Later License Versions.
The Copyleft-Next Project may publish new versions of The Copyleft-Next Project may publish new versions of copyleft-next,
copyleft-next, designated by a distinguishing version number. designated by a distinguishing version number. Unless the Received Work
Unless the Received Work explicitly removes the option of explicitly removes the option of Distributing Covered Works under later
Distributing Covered Works under later published versions of published versions of copyleft-next, you may Distribute Covered Works
copyleft-next, you may Distribute Covered Works under any later under any later version of copyleft-next.
version of copyleft-next.
*************************************************************************** **************************************************************************
* * * *
* 13. No Warranty. * * 13. No Warranty. *
* * * *
* The Received Work is provided "as-is", without warranty. You bear * * The Received Work is provided "as-is", without warranty. You bear *
* the risk of using it. To the extent permitted by applicable law, * * the risk of using it. To the extent permitted by applicable law, *
* each Distributor excludes the implied warranties of title, * * each Distributor excludes the implied warranties of title, *
* merchantability, fitness for a particular purpose and * * merchantability, fitness for a particular purpose and *
* non-infringement. * * non-infringement. *
* * * *
*************************************************************************** **************************************************************************
*************************************************************************** **************************************************************************
* * * *
* 14. Limitation of Liability. * * 14. Limitation of Liability. *
* * * *
* To the extent permitted by applicable law, in no event will any * * To the extent permitted by applicable law, in no event will any *
* Distributor be liable to you for any damages whatsoever, whether * * Distributor be liable to you for any damages whatsoever, whether *
* direct, indirect, special, incidental, or consequential damages, * * direct, indirect, special, incidental, or consequential damages, *
* whether arising under contract, tort (including negligence), or * * whether arising under contract, tort (including negligence), or *
* otherwise, even where the Distributor knew or should have known * * otherwise, even where the Distributor knew or should have known *
* about the possibility of such damages. * * about the possibility of such damages. *
* * * *
*************************************************************************** **************************************************************************
15. Severability. 15. Severability.
If any provision of this License is invalid or unenforceable under If any provision of this License is invalid or unenforceable under
applicable law, it shall not affect the validity or enforceability applicable law, it shall not affect the validity or enforceability of
of the remainder of this License, and reviewing courts shall the remainder of this License, and reviewing courts shall reform such
reform such provision to the minimum extent necessary to make such provision to the minimum extent necessary to make such provision valid
provision valid and enforceable. and enforceable.