pkgsrc-Changes-HG archive

[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index][Old Index]

[pkgsrc/trunk]: pkgsrc/licenses Graphviz is now available under the Common Pu...



details:   https://anonhg.NetBSD.org/pkgsrc/rev/448979b213fc
branches:  trunk
changeset: 486195:448979b213fc
user:      seb <seb%pkgsrc.org@localhost>
date:      Fri Dec 24 18:41:03 2004 +0000

description:
Graphviz is now available under the Common Public License Version 1.0

diffstat:

 licenses/graphviz-license |  531 +++++++++++++++++----------------------------
 1 files changed, 197 insertions(+), 334 deletions(-)

diffs (truncated from 577 to 300 lines):

diff -r 5be2c763b9c6 -r 448979b213fc licenses/graphviz-license
--- a/licenses/graphviz-license Fri Dec 24 18:33:09 2004 +0000
+++ b/licenses/graphviz-license Fri Dec 24 18:41:03 2004 +0000
@@ -1,376 +1,239 @@
-                            SOURCE CODE AGREEMENT
 
-                                Version 1.2D
-
-PLEASE  READ THIS  AGREEMENT CAREFULLY. By  accessing and  using the  Source
-Code,  you accept this Agreement  in its entirety and agree  to only use the
-Source Code in accordance with the following terms and conditions. If you do
-not wish to be bound by these terms and conditions, do not access or use the
-Source Code.
-
-  1. YOUR REPRESENTATIONS
-
-       1. You represent and warrant that:
+   AT&T has previously made versions of this software available under the AT&T
+   Source Code Agreement, version 1.2D and earlier. If you received a copy of
+   the software under that license agreement, you may continue to use and
+   distribute  the  same version of the software subject to the terms and
+   conditions of the license agreement under which the software was received.
+   However, current versions of the software are now licensed on an open source
+   basis only under The Common Public License.
 
-            a. If you are an entity, or an individual other than the person
-               accepting this Agreement, the person accepting this Agreement
-               on your behalf is your legally authorized representative,
-               duly authorized to accept agreements of this type on your
-               behalf and obligate you to comply with its provisions;
-
-            b. You have read and fully understand this Agreement in its
-               entirety;
+   To download this software, you need to accept the terms of the following
+   license agreement. PLEASE READ THE ENTIRE AGREEMENT CAREFULLY. By clicking
+   on the button that follows the agreement, you will indicate your acceptance
+   of  the entire agreement and will be bound to use the software only in
+   accordance with the terms and conditions of the agreement. Once you manifest
+   your acceptance of the license agreement by clicking on the button, a new
+   web page will appear for downloading the software.
 
-            c. Your Build Materials are either original or do not include
-               any Software obtained under a license that conflicts with the
-               obligations contained in this Agreement;
+                       Common Public License Version 1.0
 
-            d. To the best of your knowledge, your Build Materials do not
-               infringe or misappropriate the rights of any person or
-               entity; and,
+   THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON PUBLIC
+   LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM
+   CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
 
-            e. You will regularly monitor the Website for any notices.
+   1. DEFINITIONS 
 
-  2. DEFINITIONS AND INTERPRETATION
+   "Contribution" means:
 
-       1. For purposes of this Agreement, certain terms have been defined
-          below and elsewhere in this Agreement to encompass meanings that
-          may differ from, or be in addition to, the normal connotation of
-          the defined word.
-
-            a. "Additional Code" means Software in source code form which
-               does not contain any
+     a)  in  the  case  of the initial Contributor, the initial code and
+     documentation distributed under this Agreement, and
 
-                 i. of the Source Code, or
-                ii. derivative work (such term having the same meaning in
-                    this Agreement as under U.S. Copyright Law) of the
-                    Source Code.
+     b) in the case of each subsequent Contributor:
 
-            b. "AT&T Patent Claims" means those claims of patents (i) owned
-               by AT&T and (ii) licensable without restriction or
-               obligation, which, absent a license, are necessarily and
-               unavoidably infringed by the use of the functionality of the
-               Source Code.
+     i) changes to the Program, and
+
+     ii) additions to the Program;
 
-            c. "Build Materials" means, with reference to a Derived Product,
-               the Patch and Additional Code, if any, used in the
-               preparation of such Derived Product, together with written
-               instructions that describe, in reasonable detail, such
-               preparation.
+     where such changes and/or additions to the Program originate from and are
+     distributed by that particular Contributor. A Contribution 'originates'
+     from a Contributor if it was added to the Program by such Contributor
+     itself or anyone acting on such Contributor's behalf. Contributions do not
+     include additions to the Program which: (i) are separate modules of
+     software distributed in conjunction with the Program under their own
+     license agreement, and (ii) are not derivative works of the Program.
 
-            d. "Capsule" means a computer file containing the exact same
-               contents as the computer file having the name gviz15.tgz or
-               gviz15.zip, which will be downloaded after accepting, or was
-               opened to access, this Agreement.
+   "Contributor" means any person or entity that distributes the Program.
 
-            e. "Derived Product" means a Software Product which is a
-               derivative work of the Source Code.
+   "Licensed Patents " mean patent claims licensable by a Contributor which are
+   necessarily infringed by the use or sale of its Contribution alone or when
+   combined with the Program.
 
-            f. "IPR" means all rights protectable under intellectual
-               property law anywhere throughout the world, including rights
-               protectable under patent, copyright and trade secret laws,
-               but not trademark rights.
+   "Program"  means the Contributions distributed in accordance with this
+   Agreement.
 
-            g. "Patch" means Software for changing all or any portion of the
-               Source Code.
+   "Recipient" means anyone who receives the Program under this Agreement,
+   including all Contributors.
 
-            h. "Proprietary Notice" means the following statement:
+   2. GRANT OF RIGHTS
 
-               "This  product  contains   certain  software  code  or  other
-               information  ("AT&T  Software")  proprietary  to  AT&T  Corp.
-               ("AT&T"). The  AT&T Software is provided  to you "AS IS". YOU
-               ASSUME  TOTAL RESPONSIBILITY  AND  RISK FOR  USE OF  THE AT&T
-               SOFTWARE. AT&T  DOES NOT  MAKE, AND EXPRESSLY  DISCLAIMS, ANY
-               EXPRESS  OR  IMPLIED   WARRANTIES  OF  ANY  KIND  WHATSOEVER,
-               INCLUDING,  WITHOUT  LIMITATION,  THE  IMPLIED WARRANTIES  OF
-               MERCHANTABILITY   OR  FITNESS   FOR  A   PARTICULAR  PURPOSE,
-               WARRANTIES OF  TITLE OR NON-INFRINGEMENT  OF ANY INTELLECTUAL
-               PROPERTY RIGHTS,  ANY WARRANTIES  ARISING BY USAGE  OF TRADE,
-               COURSE OF  DEALING OR COURSE OF  PERFORMANCE, OR ANY WARRANTY
-               THAT  THE AT&T  SOFTWARE IS  "ERROR FREE"  OR WILL  MEET YOUR
-               REQUIREMENTS.
-
-               Unless  you accept a  license to  use the AT&T  Software, you
-               shall not  reverse compile, disassemble  or otherwise reverse
-               engineer this  product to  ascertain the source  code for any
-               AT&T Software.
-
-               ©  AT&T  Corp.  All rights  reserved.  AT&T  is a  registered
-               trademark of AT&T Corp."
+     a) Subject to the terms of this Agreement, each Contributor hereby grants
+     Recipient a non-exclusive, worldwide, royalty-free copyright license to
+     reproduce,  prepare derivative works of, publicly display, publicly
+     perform, distribute and sublicense the Contribution of such Contributor,
+     if any, and such derivative works, in source code and object code form.
 
-            i. "Software" means, as the context may require, source or
-               object code instructions for controlling the operation of a
-               central processing unit or computer, and computer files
-               containing data or text.
-
-            j. "Software Product" means a collection of computer files
-               containing Software in object code form only, which, taken
-               together, reasonably comprise a product, regardless of
-               whether such product is intended for internal use or
-               commercial exploitation. A single computer file can comprise
-               a Software Product.
+     b) Subject to the terms of this Agreement, each Contributor hereby grants
+     Recipient a non-exclusive, worldwide, royalty-free patent license under
+     Licensed Patents to make, use, sell, offer to sell, import and otherwise
+     transfer the Contribution of such Contributor, if any, in source code and
+     object code form. This patent license shall apply to the combination of
+     the Contribution and the Program if, at the time the Contribution is added
+     by  the  Contributor, such addition of the Contribution causes such
+     combination to be covered by the Licensed Patents. The patent license
+     shall not apply to any other combinations which include the Contribution.
+     No hardware per se is licensed hereunder.
 
-            k. "Source Code" means the Software contained in compressed form
-               in the Capsule.
-
-            l. "Website" means the Internet website having the URL
-               http://www.research.att.com/sw/tools/graphviz. AT&T may
-               change the content or URL of the Website, or remove it from
-               the Internet altogether.
-
-       2. By way of clarification only, the terms Capsule, Proprietary
-          Notice and Source Code when used in this Agreement shall mean the
-          materials and information defined by such terms without any
-          change, enhancement, amendment, alteration or modification
-          (collectively, "change").
-
-  3. GRANT OF RIGHTS
+     c)  Recipient understands that although each Contributor grants the
+     licenses to its Contributions set forth herein, no assurances are provided
+     by any Contributor that the Program does not infringe the patent or other
+     intellectual  property rights of any other entity. Each Contributor
+     disclaims any liability to Recipient 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 hereunder,
+     each Recipient hereby assumes sole responsibility to secure any other
+     intellectual property rights needed, if any. For example, if a third party
+     patent license is required to allow Recipient to distribute the Program,
+     it  is  Recipient's  responsibility  to acquire that license before
+     distributing the Program.
 
-       1. Subject to third party intellectual property claims, if any, and
-          the terms and conditions of this Agreement, AT&T grants to you
-          under:
+     d) Each Contributor represents that to its knowledge it has sufficient
+     copyright rights in its Contribution, if any, to grant the copyright
+     license set forth in this Agreement.
 
-            a. the AT&T Patent Claims and AT&T's copyright rights in the
-               Source Code, a non-exclusive, fully paid-up license to:
+   3. REQUIREMENTS
 
-                 i. Reproduce and distribute the Capsule;
-                ii. Display, perform, use, and compile the Source Code and
-                    execute the resultant binary Software on a computer;
-               iii. Prepare a Derived Product solely by compiling Additional
-                    Code, if any, together with the code resulting from
-                    operating a Patch on the Source Code; and,
-                iv. Execute on a computer and distribute to others Derived
-                    Products,
+   A Contributor may choose to distribute the Program in object code form under
+   its own license agreement, provided that:
 
-               except  that, with  respect to  the  AT&T Patent Claims , the
-               license rights granted in  clauses (iii) and (iv) above shall
-               only extend,  and be  limited, to that  portion of a  Derived
-               Product which  is Software compiled from  some portion of the
-               Source Code; and,
+     a) it complies with the terms and conditions of this Agreement; and
+
+     b) its license agreement:
 
-            b. AT&T's copyright rights in the Source Code, a non-exclusive,
-               fully paid-up license to prepare and distribute Patches for
-               the Source Code.
+     i) effectively disclaims on behalf of all Contributors all warranties and
+     conditions, express and implied, including warranties or conditions of
+     title and non-infringement, and implied warranties or conditions of
+     merchantability and fitness for a particular purpose;
+
+     ii) effectively excludes on behalf of all Contributors all liability for
+     damages, including direct, indirect, special, incidental and consequential
+     damages, such as lost profits;
 
-       2. Subject to the terms and conditions of this Agreement, you may
-          create a hyperlink between an Internet website owned and
-          controlled by you and the Website, which hyperlink describes in a
-          fair and good faith manner where the Capsule and Source Code may
-          be obtained, provided that, you do not frame the Website or
-          otherwise give the false impression that AT&T is somehow
-          associated with, or otherwise endorses or sponsors your website.
-          Any goodwill associated with such hyperlink shall inure to the
-          sole benefit of AT&T. Other than the creation of such hyperlink,
-          nothing in this Agreement shall be construed as conferring upon
-          you any right to use any reference to AT&T, its trade names,
-          trademarks, service marks or any other indicia of origin owned by
-          AT&T, or to indicate that your products or services are in any way
-          sponsored, approved or endorsed by, or affiliated with, AT&T.
+     iii) states that any provisions which differ from this Agreement are
+     offered by that Contributor alone and not by any other party; and
 
-       3. Except as expressly set forth in Section 3.1 above, no other
-          rights or licenses under any of AT&T?s IPR are granted or, by
-          implication, estoppel or otherwise, conferred. By way of example
-          only, no rights or licenses under any of AT&T's patents are
-          granted or, by implication, estoppel or otherwise, conferred with
-          respect to any portion of a Derived Product which is not Software
-          compiled from some portion, without change, of the Source Code.
+     iv)  states that source code for the Program is available from such
+     Contributor, and informs licensees how to obtain it in a reasonable manner
+     on or through a medium customarily used for software exchange.
 
-  4. YOUR OBLIGATIONS
+   When the Program is made available in source code form:
 
-       1. If you distribute Build Materials (including if you are required
-          to do so pursuant to this Agreement), you shall ensure that the
-          recipient enters into and duly accepts an agreement with you which
-          includes the minimum terms set forth in Appendix A (completed to
-          indicate you as the LICENSOR) and no other provisions which, in
-          AT&T's opinion, conflict with your obligations under, or the
-          intent of, this Agreement. The agreement required under this
-          Section 4.1 may be in electronic form and may be distributed with
-          the Build Materials in a form such that the recipient accepts the
-          agreement by using or installing the Build Materials. If any
-          Additional Code contained in your Build Materials includes
-          Software you obtained under license, the agreement shall also
-          include complete details concerning the license and any
-          restrictions or obligations associated with such Software.
+     a) it must be made available under this Agreement; and
 
-       2. If you prepare a Patch which you distribute to anyone else you
-          shall:
-
-            a. Contact AT&T, as may be provided on the Website or in a text
-               file included with the Source Code, and describe for AT&T
-               such Patch and provide AT&T with a copy of such Patch as
-               directed by AT&T; or,
+     b)  a copy of this Agreement must be included with each copy of the
+     Program.



Home | Main Index | Thread Index | Old Index