Re: Linux positioning statement for use in press inquiries (fwd)
> Bruce was plugged in to this deal, and I've taken the liberty of adding
> him to the CC list - Bruce, do you know the latest on these
> two?
Here is the latest IBM license, which is applied to the Jikes parser
generator and Postfix (Secure Mailer).
It still has the unacceptable termination clause.
P.S. as of Friday afternoon use bruce@hams.com rather than bruce@pixar.com .
I am leaving Pixar to pursue some new ideas.
Thanks
Bruce
<HTML>
<HEAD>
<TITLE>IBM Jikes Compiler License Agreement</TITLE>
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<BODY>
<h2><center>IBM Jikes<sup><small>TM</small></sup> Compiler License Agreement</center></h2>
<p>PLEASE READ THIS DOCUMENT CAREFULLY. BY DOWNLOADING OR USING THE
JIKES<sup><small>TM</small></sup> COMPILER CODE BASE AND DOCUMENTATION ACCOMPANYING THIS
AGREEMENT (THE "Agreement"), YOU AGREE TO THE TERMS AND CONDITIONS OF
THIS AGREEMENT.
<p><strong>1. Definitions.</strong>
<p>"Original Code" shall mean the code originally contributed by IBM
Corporation ("IBM").
<p>"Program" shall mean the Original Code and all Modifications.
<p>"Modification" shall mean any addition to or deletion from the
Program.
<p>"Licensed Code" shall mean a program used for compiling source
code.
<p>"Contributors" shall mean IBM and any person or entity that makes
a Modification to the Program.
<p> "Participating Contributor" shall mean a Contributor that submits
a Modification to IBM for distribution.
<p><strong>2. Grant of Rights.</strong> Subject to the terms and
conditions of this Agreement, IBM and each Participating Contributor
hereby grants to YOU a non-exclusive, worldwide, royalty free license
under any copyrights in the Original Code and Modifications,
respectively, as distributed by IBM, to execute, prepare derivative
works of, and distribute (internally and externally) the Program as
distributed by IBM and such derivative works thereof.
<p>IBM grants to YOU a non-exclusive, worldwide, royalty free license
to make, use, sell, offer to sell or import the Original Code for use
in Licensed Code under any patents licensable by IBM (but only to the
extent such grant would not require payment of royalties or other
consideration by IBM to others), provided that:
<blockquote>
i) such license shall only be under claims of such patents
necessarily infringed by Original Code; and
</blockquote>
<blockquote>
ii) YOUR Program includes more than 60% of the Original Code and such
portion of Original Code included in YOUR program is reachable during
normal operation of YOUR program.
</blockquote>
<p>No patent license or other right is granted to YOU by IBM:
<blockquote>
i) to have the Original Code made for YOU by a third party;
</blockquote>
<blockquote>
ii) with respect to any hardware or software other than the Original
Code, notwithstanding that such hardware or software may incorporate
the Original Code; or
</blockquote>
<blockquote>
iii) under claims of such patents directed to the combination of the
Original Code with any other hardware or software, or directed to the
use of any such combination.
</blockquote>
<p>Each Contributor grants to YOU a non-exclusive, worldwide, royalty
free license to make, use, sell, offer to sell or import the Program
for use in Licensed Code under any patents licensable by such
Contributor (but only to the extent such grant would not require
payment of royalties or other consideration by such Contributor to
others), provided that:
<blockquote>
i) such license shall only be under claims of such patents
necessarily infringed by the Program solely as a result of the
Modifications that such Contributor makes and distributes externally;
and
</blockquote>
<blockquote>
ii) YOUR Program includes more than 60% of the Program as distributed
by IBM and such portion of the Program as distributed by IBM included
in YOUR Program is reachable during normal operation of YOUR Program.
</blockquote>
<p>No patent license or other right is granted to YOU by such
Contributor:
<blockquote>
i) to have the Program made for YOU by a third party;
</blockquote>
<blockquote>
ii) with respect to any hardware or software other than the Program,
notwithstanding that such hardware or software may incorporate the
Program; or
</blockquote>
<blockquote>
iii) under claims of such patents directed to the combination of the
Program with any other hardware or software, or directed to the use
of any such combination.
</blockquote>
<p> The licenses granted to YOU under this Agreement by a particular
Contributor shall immediately terminate should YOU initiate legal
action against such Contributor for intellectual property
infringement.
<p> In the event that YOU are a Contributor, YOU represent that,
except as disclosed in YOUR contribution, YOUR contributions are YOUR
original creation(s) and, to the best of YOUR knowledge, no third
party has any claim (including but not limited to intellectual
property claims) relating to YOUR Modification. YOU represent that
YOUR contribution includes complete details of any license or other
restriction associated with any part of YOUR Modification (including
a copy of any applicable license agreement).
<p> If YOU learn of a third party claim or other restriction relating
to the Program or to YOUR Modification, YOU shall promptly modify
YOUR Modification and take all reasonable steps to inform those who
may have received the Program containing such Modification.
<p><strong>3. Distribution.</strong> If YOU distribute the Program
or any portion thereof, YOU must include the following in a
conspicuous location in an agreement governing such distribution:
<blockquote><code>
This software is subject to the terms of the IBM Jikes Compiler
License Agreement available at the following URL:
http://www.ibm.com/research/jikes.
Copyright (C) 1996, 1999, International Business Machines Corporation
and others. All Rights Reserved.
You must accept the terms of that agreement to use this software.
</code></blockquote>
<p>In addition, each source and data file of the Program or portion
thereof that YOU distribute must contain the following:
<blockquote><code>
This software is subject to the terms of the IBM Jikes Compiler
License Agreement available at the following URL:
http://www.ibm.com/research/jikes.
Copyright (C) 1996, 1999, International Business Machines Corporation
and others. All Rights Reserved.
You must accept the terms of that agreement to use this software.
</code></blockquote>
<p>If YOU distribute the Program or any portion thereof, YOU must
include the following in appropriate and conspicuous locations:
<p>
<blockquote>
Includes software which is Copyright (C) 1996, 1999, IBM Corporation
and others. All Rights Reserved.
</blockquote>
<p><strong>4. Attribution.</strong> YOU must include the following
statement on all copies of the Program or derivative works of the
Program which YOU distribute:
<blockquote>
This product includes software developed by IBM Corp. as
part of the IBM Research Jikes Compiler Project,
http://www.ibm.com/research/jikes.
</blockquote>
<p><strong>5. Termination.</strong> In the event a claim is made or
appears likely to be made with respect to the Program, YOU agree to
permit IBM to enable YOU to continue to use the Program, or to modify
it, or replace it with software that is at least functionally
equivalent. If IBM determines that none of these alternatives is
reasonably available, YOU agree, at IBM's request, upon notice to
YOU, to discontinue further distribution of the Program and to delete
or destroy all copies of the Program you possess. YOU agree that such
notice may be provided to YOU by posting such notice to the following
URL:
<a href="http://www.ibm.com/research/jikes";>http://www.ibm.com/research/jikes</a>.
YOU understand that it is YOUR obligation to monitor the URL:
<a href="http://www.ibm.com/research/jikes";>http://www.ibm.com/research/jikes</a>
for such notice. This is IBM's entire obligation to YOU regarding any such claim.
<p>If YOU fail to comply with this Agreement, YOUR rights and
licenses (but not YOUR obligations) hereunder shall terminate
automatically unless YOU cure such failure to comply within thirty
days of becoming aware of such noncompliance.
<p><strong>6. Other Terms.</strong> Except for the copyright notices required above
or as otherwise agreed, YOU may not use any trademark of any of the
Contributors.
<p> YOU AGREE THAT THE PROGRAM IS PROVIDED <strong>AS-IS</strong>,
WITHOUT WARRANTY OF ANY KIND (EITHER EXPRESS OR IMPLIED) INCLUDING,
WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY OF NON
INFRINGEMENT. IN NO EVENT SHALL THE CONTRIBUTORS BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES (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 (INCLUDING NEGLIGENCE OR
OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THE PROGRAM, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
<p> This Agreement may be changed by IBM from time to time, and the
amended license will apply to all copies of the Program downloaded
after the new license is posted. This Agreement provides YOU no
implied rights or licenses to the intellectual property of any
Contributor. The substantive laws of the State of New York without
regard to its conflicts of law principles shall govern this Agreement.
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--
Bruce Perens K6BP bruce@hams.com NCI-1001
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