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- BSD Protection License
- February 2002
- Preamble
- --------
- The Berkeley Software Distribution ("BSD") license has proven very effective
- over the years at allowing for a wide spread of work throughout both
- commercial and non-commercial products. For programmers whose primary
- intention is to improve the general quality of available software, it is
- arguable that there is no better license than the BSD license, as it
- permits improvements to be used wherever they will help, without idealogical
- or metallic constraint.
- This is of particular value to those who produce reference implementations
- of proposed standards: The case of TCP/IP clearly illustrates that freely
- and universally available implementations leads the rapid acceptance of
- standards -- often even being used instead of a de jure standard (eg, OSI
- network models).
- With the rapid proliferation of software licensed under the GNU General
- Public License, however, the continued success of this role is called into
- question. Given that the inclusion of a few lines of "GPL-tainted" work
- into a larger body of work will result in restricted distribution -- and
- given that further work will likely build upon the "tainted" portions,
- making them difficult to remove at a future date -- there are inevitable
- circumstances where authors would, in order to protect their goal of
- providing for the widespread usage of their work, wish to guard against
- such "GPL-taint".
- In addition, one can imagine that companies which operate by producing and
- selling (possibly closed-source) code would wish to protect themselves
- against the rise of a GPL-licensed competitor. While under existing
- licenses this would mean not releasing their code under any form of open
- license, if a license existed under which they could incorporate any
- improvements back into their own (commercial) products then they might be
- far more willing to provide for non-closed distribution.
- For the above reasons, we put forth this "BSD Protection License": A
- license designed to retain the freedom granted by the BSD license to use
- licensed works in a wide variety of settings, both non-commercial and
- commercial, while protecting the work from having future contributors
- restrict that freedom.
- The precise terms and conditions for copying, distribution, and
- modification follow.
- BSD PROTECTION LICENSE
- TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION, AND MODIFICATION
- ----------------------------------------------------------------
- 0. Definitions.
- a) "Program", below, refers to any program or work distributed under
- the terms of this license.
- b) A "work based on the Program", below, refers to either the Program
- or any derivative work under copyright law.
- c) "Modification", below, refers to the act of creating derivative works.
- d) "You", below, refers to each licensee.
- 1. Scope.
- This license governs the copying, distribution, and modification of the
- Program. Other activities are outside the scope of this license; The
- act of running the Program is not restricted, and the output from the
- Program is covered only if its contents constitute a work based on the
- Program.
- 2. Verbatim copies.
- You may copy and distribute verbatim copies of the Program as you
- receive it, in any medium, provided that you conspicuously and
- appropriately publish on each copy an appropriate copyright notice; keep
- intact all the notices that refer to this License and to the absence of
- any warranty; and give any other recipients of the Program a copy of this
- License along with the Program.
- 3. Modification and redistribution under closed license.
- You may modify your copy or copies of the Program, and distribute
- the resulting derivative works, provided that you meet the
- following conditions:
- a) The copyright notice and disclaimer on the Program must be reproduced
- and included in the source code, documentation, and/or other materials
- provided in a manner in which such notices are normally distributed.
- b) The derivative work must be clearly identified as such, in order that
- it may not be confused with the original work.
- c) The license under which the derivative work is distributed must
- expressly prohibit the distribution of further derivative works.
- 4. Modification and redistribution under open license.
- You may modify your copy or copies of the Program, and distribute
- the resulting derivative works, provided that you meet the
- following conditions:
- a) The copyright notice and disclaimer on the Program must be reproduced
- and included in the source code, documentation, and/or other materials
- provided in a manner in which such notices are normally distributed.
- b) You must clearly indicate the nature and date of any changes made
- to the Program. The full details need not necessarily be included in
- the individual modified files, provided that each modified file is
- clearly marked as such and instructions are included on where the
- full details of the modifications may be found.
- c) You must cause any work that you distribute or publish, that in whole
- or in part contains or is derived from the Program or any part
- thereof, to be licensed as a whole at no charge to all third
- parties under the terms of this License.
- 5. Implied acceptance.
- You may not copy or distribute the Program or any derivative works except
- as expressly provided under this license. Consequently, any such action
- will be taken as implied acceptance of the terms of this license.
- 6. NO WARRANTY.
- THIS SOFTWARE IS PROVIDED "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES,
- INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY
- AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL
- THE COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR
- REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE FOR ANY DIRECT,
- INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
- ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING, BUT
- NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF
- USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND
- ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR
- TORT, EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE
- POSSIBILITY OF SUCH DAMAGES.
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