Fairly Obvious Open License
Digital Rights Open License
Version 1, April 2002
Copyright (C) 2002 Christophe de Dinechin (descubes@earthlink.net)
Everyone is permitted to copy and distribute verbatim copies
of this license document, but changing it is not allowed.
Preamble
Several open-source licenses have been criticized for being too
difficult to implement for corporations and businesses. The GNU
General Public License (GPL) in particular has recently been the
target of harsh criticism for being "viral". The Fairly Obvious Open
License is an attempt at remedying this. While inspired largely by
the GPL, the Fairly Obvious Open License contains special provisions
that are intended to help corportations incorporate software developed
and published under the license, thereby promoting Free Software and
Open Source Software.
Another issue that has been raised with the GPL is that it only
protects source code, the "preferred form of the work for making
modifications to it" in the words of the GPL. There is no provision in
the GPL to cover other important forms of work, such as music or
movies, in their digital form. Licenses for such digital form of
artistic work are generally known as "Digital Rights License".
Copyright owners for movies and music have voiced their concerns with
respect to Digital Rights, in particular in the context of widespread
adoption of the Internet. The Digital Rights Open License is intended
to cover such artistic work in the spirit of the GPL and of early
Copyright laws. It gives Copyright owners an appropriate framework for
distributing their work, in particular when regular distribution
channels do not exist for that work.
To ensure fairness, the provisions that have been added in this
license (compared to the original GPL) are directly inspired by
existing licenses, contracts or other business practices. Special care
has been taken to ensure that the interests and practices of the
corporations which complained the most have been given sufficient
consideration. The corresponding terms and conditions can be found
below in Special Section "A" and Special Section "B" of this license.
GPL-inspired preamble
The licenses for most intellectual work, such as software, music,
books, images or movies, are designed to take away your freedom to
share and change it. By contrast, the Fairly Obvious Open License and
the Digital Rights Open License are intended to guarantee your freedom
to share and change free intellectual work--to make sure the
intellectual work is free for all its users. The Fairly Obvious Open
License applies to any program whose authors commit to using it. You
can apply it to your programs, too. The Digital Rights Open License
applies to any artistic product whose authors commit to using it. You
can apply it to your music, books, paintings, movies, tee-shirts
decorated with source code, or any other form of artistic expression.
When we speak of free intellectual work, we are referring to
freedom, not price. The french translation for this usage of "free"
is "libre", not "gratuit". We have no idea of the russian or chinese
translations, however, and it probably would not transcribe easily
using the ASCII charset. Our Fairly Obvious Open License License is
designed to make sure that you have the freedom to distribute copies
of free software (and charge for this service if you wish, although
many vocal users will complain if you do), that you receive source
code for software or can get it if you want it, that you can change
the software or use pieces of it in new free programs; and that you
know you can do these things. Our Digital Rights Open License is
designed to make sure that you have the freedom to distribute copies
of free artistic work (and charge for this service if you wish, but,
again, given your artistic talent, that might be a bad idea), that
you receive a usable form for such work or can get it if you want it,
that you can change the work or use pieces of it in new free artistic
work; and that you know you can do these things.
To protect your rights, we need to make restrictions that forbid
anyone to deny you these rights or to ask you to surrender the rights.
These restrictions translate to certain responsibilities for you if you
distribute copies of the licensed product or intellectual work, or if
you modify it.
For example, if you distribute copies of such intellectual work,
whether gratis or for a fee, you must give the recipients all the
rights that you have. You must make sure that they, too, receive or
can get the source code of programs, or a usable form for other
intellectual work. And you must show them these terms so they
know their rights.
We protect your rights with two steps: (1) copyright the original
work, and (2) offer you this license which gives you legal permission
to copy, distribute and/or modify the work.
Also, for each author's protection and ours, we want to make certain
that everyone understands that there is no warranty for this free
intellectual work. If the intellectual work is modified by someone else
and passed on, we want its recipients to know that what they have is
not the original, so that any problems introduced by others will not
reflect on the original authors' reputations.
Finally, any free software is threatened constantly by software
patents. We wish to avoid the danger that redistributors of a free
program will individually obtain patent licenses, in effect making the
program proprietary. To prevent this, we have made it clear that any
patent must be licensed for everyone's free use or not licensed at
all. At this point, we have the feeling that no such threat exists for
artistic work, since patenting notes or colors is still impossible.
The precise terms and conditions for copying, distribution and
modification follow.
FAIRLY OBVIOUS OPEN LICENSE
DIGITAL RIGHTS OPEN LICENSE
TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
0. This License applies to any program or other work which contains
a notice placed by the copyright holder saying it may be distributed
under the terms of this Fairly Obvious Open License or under the terms
of this Digital Rights Open License. The "Product", below, refers to
any such program or work, and a "work based on the Product" means
either the Product or any derivative work under copyright law: that is
to say, a work containing the Product or a portion of it, either
verbatim or with modifications and/or translated into another
language. (Hereinafter, translation is included without limitation in
the term "modification".) The phrase "Software Product" is used in
sections that apply to the Fairly Obvious Open License. The phrase
"Artistic Product" is used in sections that apply to the Digital
Rights Open License. Each licensee is addressed as "you".
This License itself is considered an Artistic Product, and is licensed
to you under the Digital Rights Open License.
Except as inidicated in Special Section "A" and Special Section "B"
below, activities other than copying, distribution and modification are not
covered by this License; they are outside its scope. The act of
using the Product is not restricted, and the output from the Product
is covered only if its contents constitute a work based on the Product
(independent of having been made by using the Product). Whether
that is true depends on what the Product does.
1. You may copy and distribute verbatim copies of the Product's
source form as you receive it, in any medium, provided that you
conspicuously and appropriately publish on each copy an appropriate
copyright notice and disclaimer of warranty; keep intact all the
notices that refer to this License and to the absence of any warranty;
and give any other recipients of the Product a copy of this License
along with the Product.
You may charge a fee for the physical act of transferring a copy, and
you may at your option offer warranty protection in exchange for a fee.
2. You may modify your copy or copies of the the Product's source
form or any portion of it, thus forming a work based on the Product,
and copy and distribute such modifications or work under the terms of
Section 1 above, provided that you also meet all of these conditions:
a) You must cause the modified files to carry prominent notices
stating that you changed the files and the date of any change.
b) You must cause any work that you distribute or publish, that in
whole or in part contains or is derived from the Product or any
part thereof, to be licensed as a whole at no charge to all third
parties under the terms of this License.
c) If the derived work is a modified program and the modified
program normally reads commands interactively when run, you must
cause it, when started running for such interactive use in the
most ordinary way, to print or display an announcement including
an appropriate copyright notice and a notice that there is no
warranty (or else, saying that you provide a warranty) and that
users may redistribute the program under these conditions, and
telling the user how to view a copy of this License. (Exception:
if the Product itself is interactive but does not normally print
such an announcement, your work based on the Product is not
required to print an announcement.) (Exception 2: You can exercise
judgment in trimming the cumulative copyright notice so that it
fits on a reasonably cheap display device.)
These requirements apply to the modified work as a whole. If
identifiable sections of that work are not derived from the Product,
and can be reasonably considered independent and separate works in
themselves, then this License, and its terms, do not apply to those
sections when you distribute them as separate works. But when you
distribute the same sections as part of a whole which is a work based
on the Product, the distribution of the whole must be on the terms of
this License, whose permissions for other licensees extend to the
entire whole, and thus to each and every part regardless of who wrote
it. No amount of handwaving about "bundling" versus "integrating" can
dispense you from this requirement.
Thus, it is not the intent of this section to claim rights or contest
your rights to work written entirely by you; rather, the intent is to
exercise the right to control the distribution of derivative or
collective works based on the Product.
In addition, mere aggregation of another work not based on the Product
with the Product (or with a work based on the Product) on a volume of
a storage or distribution medium does not bring the other work under
the scope of this License.
3. You may copy and distribute the Product (or a work based on it,
under Section 2) in any form, including object code or executable form
for a Software Product, and any file format for an Artistic Product,
under the terms of Sections 1 and 2 above provided that you also do
one of the following:
a) Accompany it with the complete corresponding machine-readable
source form, which must be distributed under the terms of Sections
1 and 2 above on a medium customarily used for digital data or
software interchange; or,
b) Accompany it with a written offer, valid for at least three
years, to give any third party, for a charge no more than your
cost of physically performing source distribution, a complete
machine-readable copy of the corresponding source form, to be
distributed under the terms of Sections 1 and 2 above on a medium
customarily used for digital data or software interchange; or,
c) Accompany it with the information you received as to the offer
to distribute corresponding source code. (This alternative is
allowed only for noncommercial distribution and only if you
received the program in object code or executable form with such
an offer, in accord with Subsection b above.)
The source form for a work means the preferred form of the work for
making modifications to it.
For a Software Product, source form means all the source code for
all modules it contains, plus any associated interface definition
files, plus the scripts used to control compilation and installation
of the executable. However, as a special exception, the source code
distributed need not include anything that is normally distributed (in
either source or binary form) with the major components (compiler,
kernel, and so on) of the operating system on which the executable
runs, unless that component itself accompanies the software product.
For an Artistic Product, source form means all the required data files
necessary to use the Artistic Product, in a free digital format of
size and quality reasonably close to the format in which the Artistic
Product is distributed under Section 3. A free digital format is any
format for which conversion to human-usable form can be performed or
could theoretically be performed by at least one Software Product
covered by either a Fairly Obvious Open License or a GNU General
Public License. A free digital format must therefore be publicly
documented in sufficient details, and unencumbered by patents.
If distribution of executable or object code is made by offering
access to copy from a designated place, then offering equivalent
access to copy the source form from the same place counts as
distribution of the source form, even though third parties are not
compelled to copy the source along with the object code.
4. You may not copy, modify, sublicense, or distribute the Product
except as expressly provided under this License. Any attempt
otherwise to copy, modify, sublicense or distribute the Product is
void, and will automatically terminate your rights under this
License. If a notification of non-compliance is sent in writing by any
of the Product copyright holders, your License can only be reinstated
by a written statement of the copyright holder who sent the
notification. However, parties who have received copies, or rights,
from you under this License will not have their licenses terminated so
long as such parties remain in full compliance.
5. You are not required to accept this License, since you have not
signed it. However, nothing else grants you permission to modify or
distribute the Product or its derivative works. These actions are
prohibited by law if you do not accept this License. Therefore, by
modifying or distributing the Product (or any work based on the
Product), you indicate your acceptance of this License to do so, and
all its terms and conditions for copying, distributing or modifying
the Product or works based on it.
6. Each time you redistribute the Product (or any work based on the
Product), the recipient automatically receives a license from the
original licensor to copy, distribute or modify the Product subject to
these terms and conditions. You may not impose any further
restrictions on the recipients' exercise of the rights granted herein.
You are not responsible for enforcing compliance by third parties to
this License.
7. If, as a consequence of a court judgment or allegation of patent
infringement or for any other reason (not limited to patent issues),
conditions are imposed on you (whether by court order, agreement or
otherwise) that contradict the conditions of this License, they do not
excuse you from the conditions of this License. If you cannot
distribute so as to satisfy simultaneously your obligations under this
License and any other pertinent obligations, then as a consequence you
may not distribute the Product at all. For example, if a patent
license would not permit royalty-free redistribution of the Product by
all those who receive copies directly or indirectly through you, then
the only way you could satisfy both it and this License would be to
refrain entirely from distribution of the Product.
If any portion of this section is held invalid or unenforceable under
any particular circumstance, the balance of the section is intended to
apply and the section as a whole is intended to apply in other
circumstances. If any portion of this license is held invalid or
unenforceable under any particular circumstance, the balance of the
license is intended to apply, and the license as a whole is intended
to apply in other circumstances. If the license as a whole is held
invalid or unenforceable, then the GNU General Public License applies
for Software Products, and the copyright laws apply for Artistic
Products.
It is not the purpose of this section to induce you to infringe any
patents or other property right claims or to contest validity of any
such claims; this section has the sole purpose of protecting the
integrity of the free software distribution system, which is
implemented by public license practices. Many people have made
generous contributions to the wide range of software and work
distributed through that system in reliance on consistent application
of that system; it is up to the author/donor to decide if he or she is
willing to distribute software through any other system and a licensee
cannot impose that choice.
This section is intended to make thoroughly clear what is believed to
be a consequence of the rest of this License.
8. If the distribution and/or use of the Product is restricted in
certain countries either by patents or by copyrighted interfaces, the
original copyright holder who places the Product under this License
may add an explicit geographical distribution limitation excluding
those countries, so that distribution is permitted only in or among
countries not thus excluded. In such case, this License incorporates
the limitation as if written in the body of this License.
9. The Free Software Foundation may publish revised and/or new versions
of the General Public License from time to time. Such new versions will
be similar in spirit to the present version, but may differ in detail to
address new problems or concerns.
Each version is given a distinguishing version number. If the Product
specifies a version number of this License which applies to it and "any
later version", you have the option of following the terms and conditions
either of that version or of any later version published by the Free
Software Foundation. If the Product does not specify a version number of
this License, you may choose any version ever published by the Free Software
Foundation.
10. If you wish to incorporate parts of the Product into other free
programs whose distribution conditions are different, write to the
copyright holders to ask for permission. Copyright holders decision
will sometimes be guided by the two goals of preserving the free status
of all derivatives of our free software and of promoting the sharing
and reuse of software generally. They may also be guided by pure evil
greed.
NO WARRANTY
11. BECAUSE THE PRODUCT IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY
FOR THE PRODUCT, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN
OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES
PROVIDE THE PRODUCT "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS
TO THE QUALITY AND PERFORMANCE OF THE PRODUCT IS WITH YOU. SHOULD THE
PRODUCT PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION.
12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING
WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR
REDISTRIBUTE THE PRODUCT AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES,
INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING
OUT OF THE USE OR INABILITY TO USE THE PRODUCT (INCLUDING BUT NOT LIMITED
TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY
YOU OR THIRD PARTIES OR A FAILURE OF THE PRODUCT TO OPERATE WITH ANY OTHER
PRODUCTS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
SPECIAL SECTION "A"
CORPORATION-FRIENDLY TERMS AND CONDITIONS
The terms and conditions in Special Section "A" supplement the
previously exposed general terms and conditions of the Fairly Obvious
Open License and Digital Rights Open License. Terms and conditions in
Special Section "A" are intended to make the Licenses more easily
acceptable by major software corporations. They are purposedly similar
to the terms and conditions customarily used by those corporations who
have been complaining the most about the GPL.
IMPORTANT - READ CAREFULLY: This Undisputable Corporate License
Agreement (UCLA) is a legal agreement between you (either an
individual or a single entity) and the copyright owner or owners of
the licensed Product (the AUTHORS), which includes computer software or
data and may include associated media, printed material and online or
electronic documentation (collectively "PRODUCT"). Special Section "A"
of this UCLA only applies to you if
a/ you or the company you work for expressed concerns about the
"viral" aspects of the GNU General Public License, or
b/ if you otherwise seek relief from some of said "viral"
aspects, or
c/ if you or the company you work for are considered a monopoly by
the United States Government.
By installing, copying, listening to, viewing, smelling, hearing
about, inspiring yourself from, thinking about or otherwise using the
PRODUCT, you agree to be bound to the terms of this UCLA. If you do
not agree to the terms of this UCLA, do not install, copy, listen to,
view, smell, hear about, inpire yourself from, think about or
otherwise use the PRODUCT.
PRODUCT LICENSE
The PRODUCT is protected by copyright laws and international copyright
treaties, as well as other intellectual property laws and
treaties. The PRODUCT is licensed, not sold, although the License
itself may have been sold to you for good money.
A.1. GRANT OF LICENSE
This UCLA grants you the following limited, non-exclusive rights:
- Installation, Use, Copy.
You may install and use one (1) or any other similarly reasonable
number of copies of the PRODUCT on computers or other digital devices
at your premises. Storing more than one copy per digital device is
allowed, unless the storage capacity of the device is exceeded. Copies
must be performed in compliance with Sections 1, 2 and 3 of this UCLA
and other applicable laws.
- License Fees. Refund Policy.
The License for the PRODUCT is granted to you subject to the payment
of License Fees. If you do not agree to the terms of this UCLA, you
may return the PRODUCT, and you may be entitled to a full refund as
defined by applicable law.
Applicable law notwithstanding, the AUTHORS shall not be held liable
for the refund of the License Fees for a returned PRODUCT in any of
the following cases:
a/ the PRODUCT was not purchased directly from the AUTHORS.
b/ the PRODUCT is damaged in any way, including, but not limited
to, contamination by a virus or Act of God.
c/ the PRODUCT shows any kind of malfunction, including, but not
limited to, design flaw, user-interface inconsistency,
excessive heat, bug, bird, reptile or mammal.
d/ the PRODUCT's certificate of authenticity or any other method
used by the AUTHORS to identify an original PRODUCT is missing,
or the PRODUCT was incorrectly activated.
e/ a cursory examination of the PRODUCT indicates that you used
it, or that you failed to use it properly, or that you refused to
use it in bad faith.
f/ the PRODUCT was bundled with any digital device, and the only way
the digital device could possibly be useful is with the
PRODUCT.
g/ the PRODUCT is indispensable and it is reasonable to conclude
that the only reason you might want to return it is order to
replace it with a bootleg, pirate or otherwise illegal copy.
The License Fee value and the way the License Fee is computed are
considered a Trade Secret by the AUTHORS. Any attempt at disclosing the
License Fee to a third party automatically terminates this License and
any License currently granted to you by the AUTHORS, without prejudice
to any other retaliatory action allowed under applicable law or
otherwise.
- Accounting and Compliance Verification
This UCLA grants you the right to friendly visits from our Bureau of
Software Activation (BSA). You agree to bear all the costs of such
visits, and to promptly grant access to your facilities, digital
devices and other assets to members of the BSA. As part of our
commitment to the highest levels of compliance in the industry, we may
routinely send you mass mailings to help you stay in compliance. You
agree that baseless claims, name calling and frivolous lawsuits are
part of the BSA Standard Procedures and can in no way serve as ground
for a lawsuit. You also acknowledge that "pirate" is an accounting
technical term denoting any individual who paid less than three times
for the same license.
- Reserved Rights.
The AUTHORS and its suppliers retain title and all ownership rights to
the PRODUCT. All rights not expressely granted are reserved to the
AUTHORS, including the right to complain, comment or otherwise bitch
about how insane this License really is.
A.2. VOLUME LICENSING.
If you or your company use or might possibly use more than two (2)
copies of the PRODUCT at any given time, this Volume Licensing section
applies to you.
a/ Up-to-date Licensing Terms
Volume Licensing allows you to benefit from the latest Licensing
Terms improvements from the AUTHORS. The latest version of the
UCLA applies to you automatically, as prominently displayed by
the AUTHORS on the bottom of a locked filing cabinet stuck in a
disused lavatory with a sign on the door saying "Beware of the
Leopard".
b/ Up-to-date Versions of the PRODUCT
Volume Licensing ensures that you always benefit from the latest
and greatest version of the PRODUCT. You are automatically
entitled to a License for the latest version of the PRODUCT,
subject to payment of any difference between the License Fees for
the version of the PRODUCT currently installed at your premises
and the latest version of the PRODUCT available from the AUTHORS.
d/ Obsolescence Control
Volume Licensing helps you maintaining an homogeneous version of
the PRODUCT across all your digital devices. Any License you
might have for previous versions of the PRODUCT are automatically
terminated upon release of the latest version.
e/ License Fees Computation
Volume Licensing allows you to benefit from the lowest cost per
licensed installation of the PRODUCT. Licenses are granted to
you for every digital device you own. For every digital device,
licenses are granted only for as many uses of the PRODUCT as the
device may accomodate, which means that you don't pay License
Fees if the PRODUCT cannot be used on this digital device.
f/ Automatic Updates
Volume Licensing updates are automatic and transparent, and
require no effort on your part. You must grant the AUTHORS
sufficient local or remote access to any of your digital devices
as necessary to perform this automatic update.
g/ Update Costs
You are liable for all costs related to any update of your
digital devices to the latest version of the PRODUCT. You are
responsible to ensure that your digital devices are functioning
properly and available to receive the automatic updates. However,
an update that failed will only be charged nominally, without
additional penalty to you, and best efforts will be made to
perform another update as soon as technically feasible.
A.3. OEM LICENSING
The PRODUCT may only be distributed with one of your products or other
equipment if you have an Original Equipment Manufacturer (OEM) License
Agreement with the AUTHORS. You may obtain an OEM License from the
Author provided that:
a/ You accept to distribute the PRODUCT without modifications,
including, but not limited to, modifications of appearance,
functionality, startup screen and other pictures, placement and
shape of icons, placement and shape of user-interface components,
or the layout and functionality of crash-dump screens.
b/ You agree that the PRODUCT will be the first things that any user
will see when using your equipment for the first time, and the
only mean to access any other product distributed with your
equipment.
c/ You agree to distribute no competing product with your Original
Equipment. Should anterior contractual obligations force you to
distribute competing products, please refer to paragraph (b)
regarding access to these competing products.
d/ An OEM Licencse grants you rights to a license of the PRODUCT on
every piece of equipments that you sell, rent, lease, lend,
distribute, produce for your own internal use, or otherwise
manufacture. You may, at your discretion, select to defer
installation of the PRODUCT on any of the equipment that you
manufacture, allowing users of your equipment to select which
version of the PRODUCT they want to install.
A.4. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
- Limitations on Reverse Engineering, Decompilation and Disassembly.
You may not reverse engineer, decompile or disassemble the PRODUCT,
except and only to the extent that such activity is required to
understand the source form of the PRODUCT.
- Limitations on Embracing and Extending.
Embracing and Extending the Standards and other features implemented
or found in the PRODUCT is not allowed. Doing so is a violation of the
previous paragraph anyways, if you read it carefully.
- Termination.
Without prejudice to any other rights, the AUTHORS may terminate this
UCLA if you fail to comply with the terms and conditions of this
UCLA. Upon termination of this UCLA for any reason, you must destroy
all copies of the PRODUCT and all of its component parts, on any
digital device that you own. Destruction must be irreversible and
resist the most obvious of current and future forensic data
reconstruction techniques, including, but not limited to, hard-disk
examination, reverse quantum thermo-chronographing and time travel.
- Transfer.
You may permanently transfer the PRODUCT, together with all of your
rights under this UCLA, to another end user, provided you transfer all
of the PRODUCT (including any component parts, media and printed
materials, any upgrades and this UCLA, any digital device that came
bundled with the PRODUCT, the original certificates of authenticity,
the original sealed box that contained the PRODUCT, and the original
sales receipt) and you retain no copies. In addition the person
receiving the transferred PRODUCT must agree to all the terms of this
UCLA.
This provision and the first sale doctrine notwithstanding, the
AUTHORS may, at its discretion, declare that any such transfer is
"piracy" and therefore illegal. In particular, any offer for transfer
in a public forum or on-line auction site, or any other action that
might be detrimental to the reputation of the PRODUCT or the AUTHORS
will be prosecuted to the maximum extent allowed by law and vast
amounts of money.
- Rental, Leasing, Lending.
You may not rent, lease or lend the PRODUCT. The License is personal
and nominative. No other person, including employees, coworkers,
friends or members of your family, may use the PRODUCT without a
proper License. You may not rent, lease or lend any digital device
containing the PRODUCT. In order to rent, lease or lend any digital
device containing the PRODUCT, you must first uninstall and destroy
any copy of the PRODUCT that it might contain, or ensure that the
person using your digital device has a valid License and has agreed
with this UCLA.
- Support Services.
The AUTHORS is not obligated to provide technical or other support
("Support Services") for the PRODUCT. If the AUTHORS should provide you
with Support Services, use of such Support Services is governed by the
the AUTHORS polices and programs described in the user manual, in "on
line" documentation and/or other AUTHORS-provided materials. Any
supplemental product, software code or documentation provided to you
as part of the Support Services shall be considered part of the
PRODUCT and subject to the terms and conditions of this UCLA.
With respect to technical information you provide to the AUTHORS as
part of the Support Services, the AUTHORS may use such information for
its business purposes, including for product support and
development. The AUTHORS will not utilize such technical information in
a form that personally identifies you, except that any personal
information held by the AUTHORS may be released by mistake or because
of a security flaw, as indicated in the DISCLAIMER OF WARRANTY section
below.
You may be charged for Support Services, including if and when
Support Services proved to be useless. Calling the AUTHORS or any of
his representatives, sending him mail or e-mail, including
unsollicited e-mail (also known as "spam") or otherwise contacting him
is sufficient ground for the AUTHORS to charge you for full Support
Services.
A.5. INTELLECTUAL PROPERTY RIGHTS.
All title and intellectual property rights in and to the PRODUCT
(including but not limited to any images, photographs, animations,
video, audio, music, text and "applets" incorporated into the
PRODUCT), and any copies you are permitted to make herein are owned by
the AUTHORS or its suppliers. All title and intellectual property
rights in and to the content which may be accessed through use of the
PRODUCT is the property of the respective content owner and may be
protected by applicable copyright or other intellectual property laws
and treaties. All rights not expressly granted are reserved by the
AUTHORS. This is largely a repeat of the last paragraph in Section A.1,
because it's important.
- Limitations of Legal Liability
If you sue anyone over patents that you think may apply to the
PRODUCT or anyone's use of the PRODUCT, your License to
the PRODUCT ends automatically.
By using the PRODUCT and agreeing with this UCLA, you acknowledge that
you will not sue the AUTHORS for any possible patent infrigement or any
other intellectual property claim made in relation with the PRODUCT or
any other product from the AUTHORS.
- Limited Virality
In general, components such as shared libraries and individual
executables are "reasonably considered independent and separate works
in themselves". However, it is not the intent of this UCLA to create
artificial boundaries in your derived work. Therefore, any component
that you publicly claim is integrated in a larger work, cannot be
separated from a larger work, would minimize the value of a larger
work if removed, or otherwise would cause you any kind of harm if it
had to be removed from a larger work will not be considered
"independent and separate works in themselves" for this UCLA.
A.6. NOTE ON JAVA SUPPORT.
THE PRODUCT MAY CONTAIN SUPPORT FOR PROGRAMS WRITTEN IN JAVA. JAVA
TECHNOLOGY IS NOT FAULT TOLERANT AND IS NOT DESIGNED, MANUFACTURED, OR
INTENDED FOR USE OR RESALE AS ONLINE CONTROL EQUIPMENT IN HAZARDOUS
ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION
OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS,
AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS,
IN WHICH THE FAILURE OF JAVA TECHNOLOGY COULD LEAD DIRECTLY TO DEATH,
PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. Sun
Microsystems, Inc. may have contractually obligated the AUTHORS to make
this disclaimer. This section doesn't imply that the PRODUCT uses
Java or Sun's implementation of Java, it's simply there to cast a dark
shadow of uncertainty on the reliability of Java. And then, we blame
it on Sun, which is a nice touch. And, in case you did not get the
hint, the AUTHORS strongly recommends Visual PerlScript++.NOT 8.0
instead.
A.7. EXPORT RESTRICTIONS.
You acknowledge that the PRODUCT is subject to export jurisdiction of
the German Democratic Republic. You agree to comply with all
applicable international and national laws that apply to the PRODUCT,
including the German Democratic Republic Export Administration
Regulations, as well as end-user, end-use and country destination
restrictions issued by German Democratic Republic and other
governments.
MISCELLANEOUS - SKYLAROV AND JOHANSEN CLAUSES
If you acquired this PRODUCT in the United States, this UCLA is
governed by Russia, France, Germany or Norway law, as determined by
the last visit made by you or any of your employees in one of these
four countries, or, in the event there was no such visit, by the
country closest to the geographical location of the last UDP packet
sent on your behalf or on behalf of any of your employees over the
Internet.
If this product was acquired outside the United States, the local law
may apply, except in small countries. A "small country" is any country
where the judicial system could be intimidated or influenced by a
large and wealthy US corporation. You forfeit any right to prosecute
or persecute any AUTHORS or copyright holder who fulfills any of the
following conditions:
a/ He or she lives in a small country
b/ He or she is under legal age
c/ He or she doesn't speak English as his native language
d/ He or she has less money than you have
e/ He or she is visibly smarter than you are.
DISCLAIMER OF WARRANTIES. To the maximum extent permitted by
applicable law, the AUTHORS and its suppliers provide the PRODUCT and
support services (if any) AS IS AND WITH ALL FAULTS, and hereby
disclaim all other warranties and conditions, either express, implied
or statutory, including, but not limited to, any (if any) implied
warranties, duties or conditions of merchantability, of fitness for a
particular purpose, of accuracy or completeness of responses, of
results, of workmanlike effort, of lack of viruses, and of lack of
negligence, all with regard to the PRODUCT, and the provision of or
failure to provide support services. ALSO, THEREIS NO WARRANTY OR
CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE
TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE PRODUCT.
EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE
AUTHORS OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL,
INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER
INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS
OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF
REASONABLE CARE, FOR NEGLIGENCE, FOR SEXUAL HARASSMENT, FOR DEATH OF
FAVORITE PET, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER)
ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE
THE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES,
OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS UCLA,
EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT
LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF THE AUTHORS OR
ANY SUPPLIER, AND EVEN IF THE AUTHORS OR ANY SUPPLIER HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. ACTUALLY, WE ARE PRETTY SURE THAT
THERE ARE BUGS IN THIS PRODUCT, BUT FIXING THEM IS MORE DIFFICULT THAN
ADDING THIS PARAGRAPH. DO NOT EXPOSE TO HEAT, COLD, SUNLIGHT, AIR,
CARBON DIOXYDE. DO NOT PUT THE PRODUCT IN THE FIRE. DO NOT SWALLOW THE
PRODUCT. USE OF THE PRODUCT UNDER WATER IS DISCOURAGED. THE PRODUCT IN
THE MIRROR MAY BE LARGER THAN IT APPEARS. USE OF ALL CAPS INDICATES
THAT OUR COMPUTER IS BROKEN. THE LENGTH OF THIS PARAGRAPH IS INVERSELY
PROPORTIONAL TO THE TOTAL AMOUNT OF THOUGHT WHICH WAS PUT INTO
IT. THESE OPINIONS MAY NOT REFLECT THOSE OF MY EMPLOYER, AND ARE NOT
GUARANTEED TO REFLECT MINE EITHER.
LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that
you might incur for any reason whatsoever (including, without
limitation, all damages referenced above and all direct or general
damages), the entire liability of the AUTHORS and any of its suppliers
under any provision of this UCLA and your exclusive remedy for all of
the foregoing shall be limited to the lesser of the amount actually
paid by you for the PRODUCT or U.S.$0.00. The foregoing limitations,
exclusions and disclaimers shall apply to the maximum extent permitted
by applicable law, even if any remedy fails its essential purpose. If
you failed to read this paragraph and reject the license, you are
screwed.
END OF SPECIAL SECTION "A"
SPECIAL SECTION "B"
APPLICATION OF THE DIGITAL MILLENIUM COPYRIGHT ACT
The terms and conditions in Special Section "B" supplement the
previously exposed general terms and conditions of the Fairly Obvious Open
License and Digital Rights Open License. The terms and conditions in
Special Section "B" are intended to clarify the intent of the license
for individuals and corporations who view US Law as "the Digital
Millenium Copyright Act Sections 512(a) and 1201(a), plus some other
vaguely relevant stuff." To ensure maximum fairness, terms and
conditions in Special Section "B" have been modeled after the best
practice of the contents industry.
The terms and conditions in Special Section "B" apply to you if and
only if you are a Legal Ethics Endangering Copyright Holder (LEECH). A
LEECH is any individual or entity who meets any of the following
conditions:
a/ owns copyrights that were acquired from the original authors,
b/ otherwise traffics in copyrights ownership,
c/ willingly made use of the DMCA,
d/ promotes "Digital Rights Management",
e/ backs the Hollings bill, also known as the "Consumer Broadband
and Digital Television Promotion Act" (CBDTPA), which is probably
a lie,
f/ is an employee or employer of a LEECH.
B.1. ENCRYPTION OF CONTENTS
All materials distributed with the Product, including this license,
are encrypted using two powerful and virtually unbreakable Content
Scrambling Systems (CSS): Double-ROT13 and ASCII-encoding.
Double-ROT13, also known as ROT26, uses the industry standard ROT13
encryption mechanism, and applies it twice for increased
protection. ASCII-encoding associates an arbitrary sequence of bits to
any character. Additional protection may be used for particularly
sensitive material, such as TAR-packing, ZIP, GZIP, BZIP or BZIP2
encryption.
Any attempt to circumvent these technological measures that protect
access to the Product will expose you to prosecution under Section
1201(a) of the Digital Millenium Copyright Act.
B.2. APPROVED PLAYERS AND REGION CODES
You may only access the Licensed Product using an approved player,
called a Decoding Versatile Data Player (hereinafter "DVD Player"). The
Licensed Product may be restricted for use in a specified geographical
area identified by a Region Code, in which case only DVD Players
matching the Region Code of your Licensed Product can be used to
access it.
Approved DVD Players are players manufactured under license from the
Product's Author. A License for the Product is not a license for
manufacturing DVD Players.
You may obtain a DVD Player from the Product's Author by sending
a written request specifying your Region Code, constructed as follows:
5-digit zip-code, followed by 10-digit phone number, followed by
24-digits IPv6 address, followed by 27-digit Social Security
Number. Software-based DVD Players are available for a variety of
digital devices and operating systems: Timex Sinclair ZX81, any
dual-processor BeBox, and Apple Macintosh (original 1984 edition).
B.3. FAIR USE RIGHTS
There are no fair use rights, particularly for this Product or any
associated material. Any sequence of 16 or more consecutive bits in
any of your published material which is identical to a sequence of 16
or more consecutive bits found in this Product or associated material
will be seen as a copyright infringement of our Product, and will be
prosecuted under the maximum extent of the protection offered by the
Digital Millenium Copyright Act, Section 512(a). Such a sequence has
less than 1 chance in 50000 to be the result of chance, and can
therefore reasonably be attributed to malicious intent.
B.4. LITIGATION AND LEGISLATION
In no event should this License be seen as limiting the ability of the
Product's authors and copyright holders to prosecute you and other
individuals or entities (hereinafter the "Pirates"). Any contract,
financial or otherwise, exists only between you and the entity or
entities (hereinafter the "Hackers" or the "Dealers") marketing the
Product, publicizing the Product's existence, promoting the Product or
granting you access to the Product, and does not bind the holders of
the copyright for this Product.
The copyright holders reserve the right to pass^H^H^H^Hpromote
appropriate legislation restricting the right of Pirates to gain
access to the Product in manners not explicitly approved by them,
including, but not limited to: more convenient Dealers, cheap Hackers,
faster access to the Product through Pirate-friendly technology.
B.5. ROYALTIES AND OTHER FINANCIAL TERMS AND CONDITIONS
Only one out of ten of the Products distributed under this License can
be considered moderately successful. Distributing the Product
therefore is a significant business risk. The provisions in this
Section are designed to transfer most of the risk to you. License Fees
will therefore be increased to compensate for the following factors:
- Royalties Percentage
The License Fees are computed to include distribution, marketing,
promotion of the Product, luxury hotel suites, attendance to various
parties, dinners and awards ceremonies, and other costs otherwise
related to the Product. The "Royalties Percentage" corresponds to the
fraction of the cost dedicated to actually making the Product, and
shall not exceed 18% of the License Fees.
- Breakage
Some copies of the Product may be broken or damaged during
transfer. As is common practice in the industry, such "breakage" is
considered a loss payable by the Product's Authors (rather than by the
distribution channel responsible for it). Breakage percentage cannot
be measured accurately (it's generally too low to be measurable).
The common practice is to arbitrarily set it at 20% (or 10% if
you are one of our beloved "Superstar" customers, a status that you
hold if you use more than 10 million copies of our product.)
- Discount Rates
A common marketing tool is to discount the Product, typically around
55% on average. Royalties are computed based on this discounted
price.
- New Technologies Deduction
The Internet, the CD-ROM, the paper tape and the transistor are all
pretty darn new technologies. Risky stuff. For that reason, royalties
are only counted based on 80% of the total number of units
shipped.
- Packaging Deductions
As common practice of the contents industry dictates, we may deduce
some of the marketing effort directly from the Royalties. A packaging
deduction of 24% is part of any honest deal.
END OF SPECIAL SECTION "B"
END OF TERMS AND CONDITIONS
Appendix: How to Apply These Terms to Your New Products
If you develop a new product, and you want it to be of the greatest
possible use to the public, the best way to achieve this is to make it
free software which everyone can redistribute and change.
In order to be successful doing so, our best advice is to use another
license.