1*4882a593SmuzhiyunBSD Protection License 2*4882a593SmuzhiyunFebruary 2002 3*4882a593Smuzhiyun 4*4882a593SmuzhiyunPreamble 5*4882a593Smuzhiyun-------- 6*4882a593Smuzhiyun 7*4882a593SmuzhiyunThe Berkeley Software Distribution ("BSD") license has proven very effective 8*4882a593Smuzhiyunover the years at allowing for a wide spread of work throughout both 9*4882a593Smuzhiyuncommercial and non-commercial products. For programmers whose primary 10*4882a593Smuzhiyunintention is to improve the general quality of available software, it is 11*4882a593Smuzhiyunarguable that there is no better license than the BSD license, as it 12*4882a593Smuzhiyunpermits improvements to be used wherever they will help, without idealogical 13*4882a593Smuzhiyunor metallic constraint. 14*4882a593Smuzhiyun 15*4882a593SmuzhiyunThis is of particular value to those who produce reference implementations 16*4882a593Smuzhiyunof proposed standards: The case of TCP/IP clearly illustrates that freely 17*4882a593Smuzhiyunand universally available implementations leads the rapid acceptance of 18*4882a593Smuzhiyunstandards -- often even being used instead of a de jure standard (eg, OSI 19*4882a593Smuzhiyunnetwork models). 20*4882a593Smuzhiyun 21*4882a593SmuzhiyunWith the rapid proliferation of software licensed under the GNU General 22*4882a593SmuzhiyunPublic License, however, the continued success of this role is called into 23*4882a593Smuzhiyunquestion. Given that the inclusion of a few lines of "GPL-tainted" work 24*4882a593Smuzhiyuninto a larger body of work will result in restricted distribution -- and 25*4882a593Smuzhiyungiven that further work will likely build upon the "tainted" portions, 26*4882a593Smuzhiyunmaking them difficult to remove at a future date -- there are inevitable 27*4882a593Smuzhiyuncircumstances where authors would, in order to protect their goal of 28*4882a593Smuzhiyunproviding for the widespread usage of their work, wish to guard against 29*4882a593Smuzhiyunsuch "GPL-taint". 30*4882a593Smuzhiyun 31*4882a593SmuzhiyunIn addition, one can imagine that companies which operate by producing and 32*4882a593Smuzhiyunselling (possibly closed-source) code would wish to protect themselves 33*4882a593Smuzhiyunagainst the rise of a GPL-licensed competitor. While under existing 34*4882a593Smuzhiyunlicenses this would mean not releasing their code under any form of open 35*4882a593Smuzhiyunlicense, if a license existed under which they could incorporate any 36*4882a593Smuzhiyunimprovements back into their own (commercial) products then they might be 37*4882a593Smuzhiyunfar more willing to provide for non-closed distribution. 38*4882a593Smuzhiyun 39*4882a593SmuzhiyunFor the above reasons, we put forth this "BSD Protection License": A 40*4882a593Smuzhiyunlicense designed to retain the freedom granted by the BSD license to use 41*4882a593Smuzhiyunlicensed works in a wide variety of settings, both non-commercial and 42*4882a593Smuzhiyuncommercial, while protecting the work from having future contributors 43*4882a593Smuzhiyunrestrict that freedom. 44*4882a593Smuzhiyun 45*4882a593SmuzhiyunThe precise terms and conditions for copying, distribution, and 46*4882a593Smuzhiyunmodification follow. 47*4882a593Smuzhiyun 48*4882a593SmuzhiyunBSD PROTECTION LICENSE 49*4882a593SmuzhiyunTERMS AND CONDITIONS FOR COPYING, DISTRIBUTION, AND MODIFICATION 50*4882a593Smuzhiyun---------------------------------------------------------------- 51*4882a593Smuzhiyun 52*4882a593Smuzhiyun0. Definitions. 53*4882a593Smuzhiyun a) "Program", below, refers to any program or work distributed under 54*4882a593Smuzhiyun the terms of this license. 55*4882a593Smuzhiyun b) A "work based on the Program", below, refers to either the Program 56*4882a593Smuzhiyun or any derivative work under copyright law. 57*4882a593Smuzhiyun c) "Modification", below, refers to the act of creating derivative works. 58*4882a593Smuzhiyun d) "You", below, refers to each licensee. 59*4882a593Smuzhiyun 60*4882a593Smuzhiyun1. Scope. 61*4882a593Smuzhiyun This license governs the copying, distribution, and modification of the 62*4882a593Smuzhiyun Program. Other activities are outside the scope of this license; The 63*4882a593Smuzhiyun act of running the Program is not restricted, and the output from the 64*4882a593Smuzhiyun Program is covered only if its contents constitute a work based on the 65*4882a593Smuzhiyun Program. 66*4882a593Smuzhiyun 67*4882a593Smuzhiyun2. Verbatim copies. 68*4882a593Smuzhiyun You may copy and distribute verbatim copies of the Program as you 69*4882a593Smuzhiyun receive it, in any medium, provided that you conspicuously and 70*4882a593Smuzhiyun appropriately publish on each copy an appropriate copyright notice; keep 71*4882a593Smuzhiyun intact all the notices that refer to this License and to the absence of 72*4882a593Smuzhiyun any warranty; and give any other recipients of the Program a copy of this 73*4882a593Smuzhiyun License along with the Program. 74*4882a593Smuzhiyun 75*4882a593Smuzhiyun3. Modification and redistribution under closed license. 76*4882a593Smuzhiyun You may modify your copy or copies of the Program, and distribute 77*4882a593Smuzhiyun the resulting derivative works, provided that you meet the 78*4882a593Smuzhiyun following conditions: 79*4882a593Smuzhiyun a) The copyright notice and disclaimer on the Program must be reproduced 80*4882a593Smuzhiyun and included in the source code, documentation, and/or other materials 81*4882a593Smuzhiyun provided in a manner in which such notices are normally distributed. 82*4882a593Smuzhiyun b) The derivative work must be clearly identified as such, in order that 83*4882a593Smuzhiyun it may not be confused with the original work. 84*4882a593Smuzhiyun c) The license under which the derivative work is distributed must 85*4882a593Smuzhiyun expressly prohibit the distribution of further derivative works. 86*4882a593Smuzhiyun 87*4882a593Smuzhiyun4. Modification and redistribution under open license. 88*4882a593Smuzhiyun You may modify your copy or copies of the Program, and distribute 89*4882a593Smuzhiyun the resulting derivative works, provided that you meet the 90*4882a593Smuzhiyun following conditions: 91*4882a593Smuzhiyun a) The copyright notice and disclaimer on the Program must be reproduced 92*4882a593Smuzhiyun and included in the source code, documentation, and/or other materials 93*4882a593Smuzhiyun provided in a manner in which such notices are normally distributed. 94*4882a593Smuzhiyun b) You must clearly indicate the nature and date of any changes made 95*4882a593Smuzhiyun to the Program. The full details need not necessarily be included in 96*4882a593Smuzhiyun the individual modified files, provided that each modified file is 97*4882a593Smuzhiyun clearly marked as such and instructions are included on where the 98*4882a593Smuzhiyun full details of the modifications may be found. 99*4882a593Smuzhiyun c) You must cause any work that you distribute or publish, that in whole 100*4882a593Smuzhiyun or in part contains or is derived from the Program or any part 101*4882a593Smuzhiyun thereof, to be licensed as a whole at no charge to all third 102*4882a593Smuzhiyun parties under the terms of this License. 103*4882a593Smuzhiyun 104*4882a593Smuzhiyun5. Implied acceptance. 105*4882a593Smuzhiyun You may not copy or distribute the Program or any derivative works except 106*4882a593Smuzhiyun as expressly provided under this license. Consequently, any such action 107*4882a593Smuzhiyun will be taken as implied acceptance of the terms of this license. 108*4882a593Smuzhiyun 109*4882a593Smuzhiyun6. NO WARRANTY. 110*4882a593Smuzhiyun THIS SOFTWARE IS PROVIDED "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, 111*4882a593Smuzhiyun INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY 112*4882a593Smuzhiyun AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL 113*4882a593Smuzhiyun THE COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR 114*4882a593Smuzhiyun REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE FOR ANY DIRECT, 115*4882a593Smuzhiyun INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES 116*4882a593Smuzhiyun ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING, BUT 117*4882a593Smuzhiyun NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF 118*4882a593Smuzhiyun USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND 119*4882a593Smuzhiyun ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR 120*4882a593Smuzhiyun TORT, EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE 121*4882a593Smuzhiyun POSSIBILITY OF SUCH DAMAGES. 122