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- From: Aleksander Slominski <aslom@cs.indiana.edu>
- To: scirun-users@sci.utah.edu
- Subject: [SCIRUN-USERS] official location of University of Utah Public License?
- Date: Sat, 18 Oct 2003 19:04:08 -0500
hi,
i am not able to find web addressable (URL?) location for University of
Utah Public License - what is official location?
my naive attempts to find it in docs.1.10.1.1.tar.gz and
SCIRun.1.10.1.tar.gz failed ...
the only version i could find is in click-through page
(
http://software.sci.utah.edu/downwiz/scirun-biopse/scirun-biopse_wiz1.html)
that has some strange JS protection against clipboard copy. is this the
only place where the license text is available? source code references
"License" but does not tell where to find it - typical location would be
in top level directory in LICENSE{.txt} file ...
how does this license compare to other open source licenses? i have read
very critical remark on GNU
(
http://www.gnu.org/philosophy/license-list.html) was there somewhere
any discussion of it?
thanks,
alek
ps. here is example of what is header file and below copy of what i
believe is current license?
// The contents of this file are subject to the University of Utah Public
// License (the "License"); you may not use this file except in compliance
// with the License.
//
// Software 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.
//
// The Original Source Code is SCIRun, released March 12, 2001.
//
// The Original Source Code was developed by the University of Utah.
// Portions created by UNIVERSITY are Copyright (C) 2001, 1994
// University of Utah. All Rights Reserved.
//
// File : sci_hash_map.h
// Author : Wayne Witzel
// Date : Jul 7 2002
----------------------------------------------------------
UNIVERSITY OF UTAH RESEARCH FOUNDATION PUBLIC LICENSE
1. Definitions
1.1 "Commercial Use" means covered code utilized by USER to generate a
revenue stream, including but not limited to, embedding the source code in USER's
proprietary software, executable software, or consulting utilizing the source code.
1.2 "Contributor" means each entity that creates or contributes to the
creation of Modifications.
1.3 "Covered Code" means the Original Source Code, Modifications, or the
combination of the Original Source Code and Modifications, in each case including
portions thereof. The Original Source Code, developed by the University of Utah,
hereinafter referred to as UNIVERSITY is described in the Source Code notice required
by Exhibit A.
1.4 "Source Code" means the preferred form of the Covered Code for making
modifications to it, including all modules it contains, plus any associated interface
definition files, scripts used to control compilation and installation of an
Executable, or a list of source code differential comparisons against either the
Original Source Code or another well known, available Covered Code of the Contributor's
choice. The Source Code can be in a compressed or archival form, provided the
appropriate decompression or de-archiving software is widely available for no charge.
1.5 "Electronic Distribution Mechanism" means a mechanism generally
accepted in the software development community for the electronic transfer of data.
1.6 "Larger Work" means a work, which combines Covered Code or portions
thereof with code not governed by the terms of this License.
1.7 "License" means this document.
1.8 "Licensable" means having the right to grant, to the maximum extent
possible, whether at the time of the initial grant or subsequently acquired, any and
all rights conveyed herein.
1.9 "Modifications" means any addition to or deletion from the substance
or structure of either the Original Source Code or any previous Modifications. When
Covered Code is released as a series of files, a Modification is:
(a) Any addition to or deletion from the contents of a file
containing Original Code or previous Modifications.
(b) Any new file that contains any part of the Original Code or
previous Modifications
1.10 "USER" (or "YOU") means an individual or a legal entity exercising rights
under, and complying with all of the terms of this License. For legal entities, USER includes any entity,
which controls, is controlled by, or is under common control with You. For purposes of this definition,
"control" means (a) the power, direct or indirect, to cause the direction or management of such
entity, whether by contract or otherwise, or (b) ownership of fifty percent (50%) or more of the
outstanding shares or beneficial ownership of such entity.
2. Source Code License.
2.1 The Initial Developer Grant The UNIVERSITY hereby grants USER a
world-wide, royalty-free, non-exclusive license, subject to third party
intellectual property claims:
(a) to use, reproduce, modify, display, and perform, the Covered Code (or
portions thereof) with or without Modifications, or as part of a Larger
Work.; and
(b) under patents now or hereafter owned or controlled by UNIVERSITY, to make, have
made, and use ("Utilize") the Covered Code(or portions thereof), but solely
to the extent that any such patent is reasonably necessary to enable USER to Utilize
the Covered Code (or portions thereof) and not to any greater extent that may be
necessary to Utilize further Modifications or combinations.
(c) the licenses granted in this Section 2.1(a) and (b) are effective on
the date the USER first receives Covered Code.
(d) No License is granted by UNIVERSITY for the Commercial Use of Covered
Code under this License.
(e) No License is granted by UNIVERSITY for the distribution of Covered
Code under this License.
2.2. Contributor Grant. Each Contributor hereby grants UNIVERSITY a
world-wide, royalty-free, non-exclusive license, subject to third party
intellectual property claims:
(a) to use, reproduce, modify, display, perform, sublicense and
distribute the Modifications created by such Contributor (or portions
thereof) either on an unmodified basis, with other Modifications, as Covered
Code or as part of a Larger Work; and
(b) under patents now or hereafter owned or controlled by Contributor, to
Utilize the Covered Code (or portions thereof), but solely to the extent that
any such patent is reasonably necessary to enable USER to Utilize the
Contributor Version (or portions thereof), and not to any greater extent that
may be necessary to Utilize further Modifications or combinations.
(c) the licenses granted in this Section 2.2(a) and (b) are effective on
the date the UNIVERSITY first receives the Covered Code
3. Contributor Obligations
3.1. Intellectual Property Matters
(a) Third Party Claims. If USER has knowledge that a party claims an intellectual
property right in particular functionality or code (or its utilization under this
License), USER must include a text file with the source code provided to UNIVERSITY
titled "LEGAL" which describes the claim and the party making the claim in
sufficient detail that UNIVERSITY will know whom to contact. If USER obtains such
knowledge after USER makes the Modification available to UNIVERSITY, USER shall
promptly modify the LEGAL file in all copies USER makes available thereafter and shall
notify UNIVERSITY that new knowledge has been obtained.
(b) Contributor APIs. If Your Modification is an application programming
interface and USER owns or controls patents, which are reasonably necessary
to implement that API, you must also include this information in the LEGAL
file.
3.2. Required Notices. USER must duplicate the notice in Exhibit A in each
file of the Source Code, and this License in any documentation for the Source
Code, where USER describes recipients' rights relating to Covered Code. If
USER created one or more Modification(s), USER may add name as a Contributor
to the notice described in Exhibit A. If it is not possible to put such
notice in a particular Source Code file due to its structure, then USER must
include such notice in a location (such as a relevant directory file) where a
user would be likely to look for such a notice.
3.3. Distribution of Executable Versions. - This license does not allow
distribution of the Covered Code by USER or Contributor.
3.4. Larger Works. USER may create a Larger Work by combining Covered Code
with other code not governed by the terms of this License. In such a case,
USER must make sure the requirements of this License are fulfilled for the
Covered Code including 2.1d and 2.1e.
4. Inability to Comply Due to Statute or Regulation.
If it is impossible for USER to comply with any of the terms of this License with respect to some or all of the Covered Code due to statute or regulation then USER must:
(a) comply with the terms of this License to the maximum extent possible; and
(b) describe the limitations and the code they affect. Such description
must be included in the LEGAL file described in Section 3.1 and must be
included with all distributions of the Source Code. Except to the extent
prohibited by statute or regulation, such description must be sufficiently
detailed for a recipient of ordinary skill to be able to understand it.
5. Application of this License.
This License applies to Covered Code attached to the notice in Exhibit A.
6. DISCLAIMER OF WARRANTY.
COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR
PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE
COVERED CODE IS WITH USER. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU
(NOT THE UNIVERSITY OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY
SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL
PART OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER
THIS DISCLAIMER.
7. TERMINATION.
This License and the rights granted hereunder will terminate automatically if
USER fails to comply with terms herein. All sublicenses to the Covered Code
which are properly granted shall survive any termination of this License.
Provisions which, by their nature, must remain in effect beyond the
termination of this License shall survive.
8. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING
NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE UNIVERSITY, ANY OTHER
CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF
SUCH PARTIES, BE LIABLE TO USER OR ANY OTHER PERSON FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER
FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES,
EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH
DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH
OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT
APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THAT
EXCLUSION AND LIMITATION MAY NOT APPLY TO USER.
9. U.S. GOVERNMENT END USERS,
The Covered Code is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995).
consisting of "commercial computer software" and "commercial computer software
documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R.
12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire
Covered Code with only those rights set forth herein.
10. MISCELLANEOUS.
This License represents the complete agreement concerning subject matter
hereof. Nothing in this AGREEMENT shall be construed as conferring by
implication, estoppel or otherwise any license or rights other than those
granted in this License. If any provision of this License is held to be
unenforceable, such provision shall be reformed only to the extent necessary
to make it enforceable. This License shall be governed by Utah law provisions
(except to the extent applicable law, if any, provides otherwise). The
application of the United Nations Convention on Contracts for the
International Sale of Goods is expressly excluded. Any law or regulation
which provides that the language of a contract shall be construed against the
drafter shall not apply to this License.
EXHIBIT A.
The contents of this file are subject to the University of Utah Public License (the
"License"); you may not use this file except in compliance with the License.
Software 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.
The Original Source Code is SCIRun, released March 12, 2001.
The Original Source Code was developed by the University of Utah. Portions
created by UNIVERSITY are Copyright (C) 2001, 1994 University of Utah. All
Rights Reserved.
--
If everything seems under control, you're just not going fast enough. —Mario
Andretti
===========================================================================
== The SCIRun Users mailing list: send email to majordomo@sci.utah.edu ==
== for more details. ==
== Please acknowledge use of SCIRun in your papers and reports: ==
== see
http://software.sci.utah.edu/scirun-biopse_citation.bib ==
===========================================================================
- [SCIRUN-USERS] official location of University of Utah Public License?, Aleksander Slominski, 10/18/2003
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