Subject: For Approval: Open Vendor Public License (OVPL) and Open Vendor Lesser Public License (OVLPL)
From: Alex Bligh <alex@alex.org.uk>
Date: Fri, 03 Jun 2005 21:34:50 +0100

 Fri, 03 Jun 2005 21:34:50 +0100
This message is a formal request for approval of two licenses, brought to
you by OpenVendor.org (which is currently David Ryan and me, until we put
together something more formal). These are the OVPL and OVLPL (Open Vendor
Public License, and Open Vendor Lesser Public License).

You can find the licenses at:
 http://www.openvendor.org/

As this is a formal request for approval, and the OSI web site specifies
how such a request should be made, you will find plain text versions
of the licenses at the foot of this email.

Subject to approval, we will:
a) Form the legal body which is the license steward (not much point
   in doing this until the license is approved) and insert its name
   into the appropriate place within the license.
b) Change the version number to 1.0

For the avoidance of doubt, no further changes are planned if the
license is approved. If it is not, we will of course review it.

There is a full description of the rationale for this pair or new
licenses at:
 http://openvendor.org/kb.x?T=15
plus a list of changes from the base license (the CDDL). What
follows is a summary.

The remainder of this message gives some background to the OVPL and
OVLPL which remains unchanged since our previous announcement.

These licenses are constructed for a specific purpose: to allow projects
that have been developed in a commercial closed-source environment to be
released into an open-source environment, whilst allowing the commercial
developer to maintain their own "commercial" version. We thus do NOT
recommend them for new open-source only projects.

The licenses are modern reciprocal licenses with patent defence clauses,
and are jurisdiction-neutral. There are several licenses achieving
this goal.

The first significant requirement is that modifications contributed by the
developer community are not only licensed to all under the general times of
the license, but there is a specific additional grant of rights to the
Initial Developer, allowing him to use that modifications in an
unrestricted manner (including in the commercial closed-source version of
his code), provided that he continues to make such modifications available
in a future version of the open-source version as well. This is similar to
Clause 3(b) of the QPL. The intent here is to ensure future compatibility
between both closed-source, and open-source trees. Clearly, the Initial
Developer is granted substantial additional rights beyond that of any other
contributor, and is unlikely to be a viable option for wholly open-source
projects; however, in the circumstances where this license is likely to be
deployed, where the Initial Developer is considering contributing
considerable amounts of code, it provides both a substantial incentive to
release code for the benefit of the Open Source community, and a mechanism
of doing so which protects the Initial Developer’s existing revenue base
and code compatibility.

We believe this first requirement is not met by any of the existing
OSI-approved licenses, except for the QPL. The QPL suffers from a number
of other problems, not least being locked to Norwegian jurisdiction.

The second significant requirement is that in one version of the license
(the Open Vendor Lesser Public License), which, like the LGPL, is focussed
on libraries and toolkits, the code can be linked with other open source
projects, without those projects being considered derived works and thus
falling under the terms of the license itself.

These licenses are based on Sun Microsystems' CDDL. We emphasize that
Sun has not endorsed or indeed played any part in the development of
these licenses, beyond their genereous grant to all third parties
of the right to use and modify their own license, which we gratefully
acknowledge. We have made the OVPL and OVLPL available under similar
terms for the community.

In summary, the licenses are:
* Based on the CDDL
* Reciprocal in nature
* Modern
* Contain patent defence clauses
* Jurisdiction neutral
* Allow 'version rolling' of the licenses, but equally allow a developer
  to use a static version
* Grant an additional license to the Initial Developer for modifications
  that are distributed.

PLEASE NOTE THAT AS THE LICENSES HAVE NOT YET BEEN APPROVED, THE LICENSES
MAY NOT BE IN FINAL FORM. THEREFORE WE RECOMMEND THEY ARE NOT USED UNTIL
VERSION 1.0 IS PUBLISHED.

Alex

------- START OPEN VENDOR PUBLIC LICENSE (OVPL) ---------

   OPEN VENDOR PUBLIC LICENSE (OVPL)

   Version 0.07


   This License shall apply to any software distributed under the Open
   Vendor Public License ("OVPL");


   1.         DEFINITIONS.

   1.1.      "Contributor" means each individual or entity that creates
   or contributes to the creation of Modifications.

   1.2.      "Contributor Version" means the combination of the Original
   Software, prior Modifications used by a Contributor (if any), and the
   Modifications made by that particular Contributor.

   1.3.      "Covered Software" means (a) the Original Software, or (b)
   Modifications, or (c) the combination of files containing Original
   Software with files containing Modifications, in each case including
   portions thereof.

   1.4.      "Executable" means the Covered Software in any form other
   than Source Code.

   1.5       "Future Versions" means future versions of the Original
   Software and any Modifications thereto used, reproduced, modified,
   displayed, performed, sublicensed, distributed or otherwise made
   available by the Initial Developer under the terms of this License or
   otherwise.

   1.6.      "Initial Developer" means the individual or entity that
   first makes Original Software available under this License.

   1.7.      "Larger Work" means a work which combines Covered Software
   or portions thereof with Other Software, but only to the extent that
   such combination wholly consists of mere aggregation of the Covered
   Software and the Other Software, which shall exclude, without
   limitation, Other Software which, in order to be transformed from
   Source Code form to Executable form, requires use of the Covered
   Software in any form.

   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 of the rights conveyed herein.

   1.9.      "License" means this document

   1.10.    "Licensed Modification" means Modifications that You
   contribute, distribute, or otherwise make available whether in Source
   Code form or in Executable form.

   1.11.    "Modifications" means the Source Code and Executable form of
   any of the following:

   A.        Any file that results from an addition to, deletion from or
   modification of the contents of a file containing Original Software or
   prior Modifications;

   B.        Any new file that contains any part of the Original Software
   or prior Modification;

   C.        Any new file that is contributed or otherwise made available
   under the terms of this License;

   D.        Any new file distributed or otherwise made available with
   the Original Software or prior Modifications that, in order to be
   converted into Executable form, requires access to the Original Code
   or prior Modifications including without limitation, access to
   interface definition files such as "header files";

   E.         Any file which is otherwise, in whole or in part, derived
   from the Original Software or prior Modifications, or part thereof.

   1.12.    "Original Software" means the Source Code and Executable form
   of computer software code that is originally released under this
   License.

   1.13.    "Other Software" means computer software (whether in Source
   code or Executable form) which is not governed by the terms of this
   Licence.

   1.14.    "Patent Claims" means any patent claim(s), now owned or
   hereafter acquired, including without limitation, method, process, and
   apparatus claims, in any patent Licensable by grantor.

   1.15.    "Source Code" means (a) the common form of computer software
   code in which modifications are made and (b) associated documentation
   included in or with such code.

   1.16.    "You" (or "Your") means an individual or a legal entity
   exercising rights under, and complying with all of the terms of, this
   License. For legal entities, "You" 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 more than fifty percent (50%) of the
   outstanding shares or beneficial ownership of such entity.

   2.         LICENSE GRANTS.

   2.1.      The Initial Developer Grant.

   Conditioned upon Your compliance with Section 3 below and subject to
   third party intellectual property claims, the Initial Developer hereby
   grants You a world-wide, royalty-free, non-exclusive license:

   (a)       under intellectual property rights (other than patent or
   trademark) Licensable by Initial Developer, to use, reproduce, modify,
   display, perform, sublicense and distribute the Original Software (or
   portions thereof), with or without Modifications, and/or as part of a
   Larger Work; and

   (b)       under Patent Claims infringed by the making, using or
   selling of Original Software, to make, have made, use, practice, sell,
   and offer for sale, and/or otherwise dispose of the Original Software
   (or portions thereof).

   (c)       The licenses granted in Sections 2.1(a) and (b) are
   effective on the date Initial Developer first distributes or otherwise
   makes the Original Software available to a third party under the terms
   of this License.

   (d)       Notwithstanding Section 2.1(b) above, no patent license is
   granted: (1) for code that You delete from the Original Software, or
   (2) for infringements caused by: (i) the modification of the Original
   Software, or (ii) the combination of the Original Software with other
   software or devices.

   2.2.      Contributor Grant.

   Conditioned upon Your compliance with Section 3 below and subject to
   third party intellectual property claims, each Contributor hereby
   grants You a world-wide, royalty-free, non-exclusive license:

   (a)       under intellectual property rights (other than patent or
   trademark) Licensable by Contributor 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 Software and/or as part of
   a Larger Work; and

   (b)       under Patent Claims infringed by the making, using, or
   selling of Modifications made by that Contributor either alone and/or
   in combination with its Contributor Version (or portions of such
   combination), to make, use, sell, offer for sale, have made, and/or
   otherwise dispose of: (1) Modifications made by that Contributor (or
   portions thereof); and (2) the combination of Modifications made by
   that Contributor with its Contributor Version (or portions of such
   combination).

   (c)       The licenses granted in Sections 2.2(a) and 2.2(b) are
   effective on the date Contributor first distributes or otherwise makes
   the Modifications available to a third party.

   (d)       Notwithstanding Section 2.2(b) above, no patent license is
   granted: (1) for any code that Contributor has deleted from the
   Contributor Version; (2) for infringements caused by: (i) third party
   modifications of Contributor Version, or (ii) the combination of
   Modifications made by that Contributor with other software (except as
   part of the Contributor Version) or other devices; or (3) under Patent
   Claims infringed by Covered Software in the absence of Modifications
   made by that Contributor.

   3.         DISTRIBUTION OBLIGATIONS.

   3.1.      Availability of Source Code.

   Any Covered Software that You distribute or otherwise make available
   in Executable form must also be made available in Source Code form and
   that Source Code form must be distributed only under the terms of this
   License. You must include a copy of this License with every copy of
   the Source Code form of the Covered Software You distribute or
   otherwise make available. You must inform recipients of any such
   Covered Software in Executable form as to how they can obtain such
   Covered Software in Source Code form in a reasonable manner on or
   through a medium customarily used for software exchange.

   3.2.      Modifications.

   The Modifications that You create or to which You contribute are
   governed by the terms of this License. You represent that You believe
   Your Modifications are Your original creation(s) and/or You have
   sufficient rights to grant the rights conveyed by this License.

   3.3.      Additional License of Modifications to Initial Developer.

   To the fullest extent permitted by law, in addition to the license
   granted under clause 2, You hereby grant a perpetual, irrevocable,
   world-wide royalty-free, sub-licensable, non-exclusive license to the
   Licensed Modifications to the Initial Developer in respect of Future
   Versions:

   (a)       under intellectual property rights (other than patent or
   trademark) Licensable by You to use, reproduce, modify, display,
   perform, sublicense, and distribute the Licensed Modifications (or
   portions thereof); and

   (b)       under Patent Claims infringed by the making, using, or
   selling of Licensed Modifications either alone and/or in combination
   with the Original Software and prior Modifications used by You (or
   portions of such combination), to make, use, sell, offer for sale,
   have made, and/or otherwise dispose of: (1) the Licensed Modifications
   (or portions thereof); and (2) the combination of the Licensed
   Modifications, the Original Software and prior Modifications used by
   You (or portions of such combination)

   BUT SUCH GRANT SHALL BE AND SHALL REMAIN CONDITIONAL UPON the Initial
   Developer procuring that in respect of each Future Version:

   (i)        all Licensed Modifications incorporated in that Future
   Version; and

   (ii)       either that Future Version or another Future Version
   incorporating the same Licensed Modifications (possibly together with
   other Modifications)

   are made and remain generally available to the public at large under
   the terms of this License or a subsequent version of this License
   released under Section 4.1, with the Initial Developer identified as
   such therein, in addition to under any other license(s) of the Initial
   Developer if any. Such license shall be effective on the date that You
   first distributed such Modifications and shall apply to the
   Modifications both in the form contributed, distributed or otherwise
   made available and in Source Code form. If You do not make all of your
   Licensed Modifications irrevocably generally available to the public
   at large, then, upon written request of the Initial Developer, You
   must promptly provide, at the Initial Developer's cost, a copy of all
   Licensed Modifications together with the date at which each grant
   thereto became effective. For the avoidance of doubt, in the absence
   of such a request, You are not required under this Section to notify
   the Initial Developer if you contribute, distribute, or otherwise make
   available Modifications.

   3.4.      Required Notices.

   You must include a notice in each of Your Modifications that
   identifies You as the Contributor of the Modification. You may not
   remove or alter any copyright, patent or trademark notices contained
   within the Covered Software, or any notices of licensing or any
   descriptive text giving attribution to any Contributor or the Initial
   Developer.

   3.5.      Application of Additional Terms.

   You may not offer or impose any terms on any Covered Software in
   Source Code form that alters or restricts the applicable version of
   this License or the recipients' rights hereunder. You may choose to
   offer, and to charge a fee for, warranty, support, indemnity or
   liability obligations to one or more recipients of Covered Software.
   However, you may do so only on Your own behalf, and not on behalf of
   the Initial Developer or any Contributor. You must make it absolutely
   clear that any such warranty, support, indemnity or liability
   obligation is offered by You alone, and You hereby agree to indemnify
   the Initial Developer and every Contributor for any liability incurred
   by the Initial Developer or such Contributor as a result of warranty,
   support, indemnity or liability terms You offer.

   3.6.      Distribution of Executable Versions.

   You may distribute the Executable form of the Covered Software under
   the terms of this License or under the terms of a license of Your
   choice, which may contain terms different from this License, provided
   that You are in compliance with the terms of this License and that the
   license for the Executable form does not attempt to limit or alter the
   recipient's rights in the Source Code form from the rights set forth
   in this License. If You distribute the Covered Software in Executable
   form under a different license, You must make it absolutely clear that
   any terms which differ from this License are offered by You alone, not
   by the Initial Developer or Contributor. You hereby agree to indemnify
   the Initial Developer and every Contributor for any liability incurred
   by the Initial Developer or such Contributor as a result of any such
   terms You offer.

   3.7.      Larger Works.

   You may create a Larger Work by combining Covered Software with other
   code not governed by the terms of this License and distribute the
   Larger Work as a single product. In such a case, You must make sure
   the requirements of this License are fulfilled for the Covered
   Software.

   4.         Versions of the License.

   4.1.      New Versions.

   [OpenVendor Ltd - insert name] is the initial license steward and may
   publish revised and/or new versions of this License from time to time.
   Each version will be given a distinguishing version number. Except as
   provided in Section 4.3, no one other than the license steward has the
   right to modify this License.

   4.2.      Effect of New Versions.

   You may always continue to use, distribute or otherwise make the
   Covered Software available under the terms of the version of the
   License under which You originally received the Covered Software. If
   the Initial Developer includes a notice in the Original Software
   prohibiting it from being distributed or otherwise made available
   under any subsequent version of the License, You must distribute and
   make the Covered Software available under the terms of the version of
   the License under which You originally received the Covered Software.
   Otherwise, You may also choose to use, distribute or otherwise make
   the Covered Software available under the terms of any subsequent
   version of the License published by the license steward.

   4.3.      Modified Versions.

   When You are an Initial Developer and You want to create a new license
   for Your Original Software, You may create and use a modified version
   of this License if You: (a) rename the license and remove any
   references to the name of the license steward (except to note that the
   license differs from this License); and (b) otherwise make it clear
   that the license contains terms which differ from this License.

   5.         DISCLAIMER OF WARRANTY.

   TO THE FULLEST EXTENT PERMITTED BY THE LAWS OF THE APPLICABLE
   JURISDICTION, COVERED SOFTWARE 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
   SOFTWARE 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 SOFTWARE IS WITH YOU. SHOULD ANY COVERED
   SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL
   DEVELOPER 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
   SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. IN SO
   FAR AS LIABILITY UNDER OR PURSUANT TO SUCH LEGISLATION MAY NOT BE
   EXCLUDED, SUCH LIABILITY IS LIMITED AT THE EXCLUSIVE OPTION OF THE
   INITIAL DEVELOPER OR CONTRIBUTOR, AS THE CASE MAY BE, TO: (i) THE
   PROVISION OF ANOTHER COPY OF THE COVERED SOFTWARE; OR (ii) THE PAYMENT
   OF THE COST OF OBTAINING ANOTHER COPY OF THE COVERED SOFTWARE.

   6.         TERMINATION.

   6.1.      This License and the rights granted hereunder will terminate
   automatically if You fail to comply with terms herein and fail to cure
   such breach within 30 days of becoming aware of the breach. Provisions
   which, by their nature, must remain in effect beyond the termination
   of this License shall survive.

   6.2.      If You assert a patent infringement claim (excluding
   declaratory judgment actions) against Initial Developer or a
   Contributor (the Initial Developer or Contributor against whom You
   assert such claim is referred to as "Participant") alleging that the
   Participant Software (meaning the Contributor Version where the
   Participant is a Contributor or the Original Software where the
   Participant is the Initial Developer) directly or indirectly infringes
   any patent, then any and all rights granted directly or indirectly to
   You by such Participant, the Initial Developer (if the Initial
   Developer is not the Participant) and all Contributors under Sections
   2.1 and/or 2.2 of this License shall, upon 60 days notice from
   Participant terminate prospectively and automatically at the
   expiration of such 60 day notice period, unless if within such 60 day
   period You withdraw Your claim with respect to the Participant
   Software against such Participant either unilaterally or pursuant to a
   written agreement with Participant.

   6.3.      In the event of termination under Sections 6.1 or 6.2 above,
   all end user licenses that have been validly granted by You or any
   distributor hereunder prior to termination (excluding licenses granted
   to You by any distributor) shall survive termination.

   7.         LIMITATION OF LIABILITY.

   TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND
   UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT,
   OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR,
   OR ANY DISTRIBUTOR OF COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH
   PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL,
   INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING,
   WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, 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
   THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.

   8.         U.S. GOVERNMENT END USERS.

   The Covered Software is a "commercial item," as that term is defined
   in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer
   software" (as that term is defined at 48 C.F.R. § 252.227-7014(a)(1))
   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 Software with only those
   rights set forth herein. This U.S. Government Rights clause is in lieu
   of, and supersedes, any other FAR, DFAR, or other clause or provision
   that addresses Government rights in computer software under this
   License.

   9.         MISCELLANEOUS.

   This License represents the complete agreement concerning subject
   matter hereof. 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
   the law of the jurisdiction specified in a notice contained within the
   Original Software (except to the extent applicable law, if any,
   provides otherwise), excluding such jurisdiction's conflict-of-law
   provisions. Any litigation relating to this License shall be subject
   to the jurisdiction of the courts located in the jurisdiction and
   venue specified in a notice contained within the Original Software,
   with the losing party responsible for costs, including, without
   limitation, court costs and reasonable attorneys' fees and expenses.
   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. You
   agree that You alone are responsible for compliance with the United
   States export administration regulations (and the export control laws
   and regulation of any other countries) when You use, distribute or
   otherwise make available any Covered Software.

   10.       RESPONSIBILITY FOR CLAIMS.

   As between Initial Developer and the Contributors, each party is
   responsible for claims and damages arising, directly or indirectly,
   out of its utilization of rights under this License and You agree to
   work with Initial Developer and Contributors to distribute such
   responsibility on an equitable basis. Nothing herein is intended or
   shall be deemed to constitute any admission of liability.


------- END OPEN VENDOR PUBLIC LICENSE (OVPL) ---------

------- START OPEN VENDOR LESSER PUBLIC LICENSE (OVLPL) ---------

   OPEN VENDOR LESSER PUBLIC LICENSE (OLVPL)

   Version 0.07


   This License shall apply to any software distributed under the Open
   Vendor Lesser Public License ("OVLPL");


   1.         DEFINITIONS.

   1.1.      "Contributor" means each individual or entity that creates
   or contributes to the creation of Modifications.

   1.2.      "Contributor Version" means the combination of the Original
   Software, prior Modifications used by a Contributor (if any), and the
   Modifications made by that particular Contributor.

   1.3.      "Covered Software" means (a) the Original Software, or (b)
   Modifications, or (c) the combination of files containing Original
   Software with files containing Modifications, in each case including
   portions thereof.

   1.4.      "Executable" means the Covered Software in any form other
   than Source Code.

   1.5       "Future Versions" means future versions of the Original
   Software and any Modifications thereto used, reproduced, modified,
   displayed, performed, sublicensed, distributed or otherwise made
   available by the Initial Developer under the terms of this License or
   otherwise.

   1.6.      "Initial Developer" means the individual or entity that
   first makes Original Software available under this License.

   1.7.      "Larger Work" means a work which combines Covered Software
   or portions thereof with Other Software, but only to the extent that
   such combination wholly consists of either of the of the following or
   a combination thereof:

   A.           mere aggregation of the Covered Software and the Other
   Software, which shall exclude, without limitation, Other Software
   which, in order to be transformed from Source Code form to Executable
   form, requires use of the Covered Software in any form; or

   B.           combination of the Covered Software with Other Software
   which is entirely composed of Qualifying Software.

   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 of the rights conveyed herein.

   1.9.      "License" means this document

   1.10.    "Licensed Modification" means Modifications that You
   contribute, distribute, or otherwise make available whether in Source
   Code form or in Executable form.

   1.11.    "Modifications" means the Source Code and Executable form of
   any of the following:

   A.        Any file that results from an addition to, deletion from or
   modification of the contents of a file containing Original Software or
   prior Modifications;

   B.        Any new file that contains any part of the Original Software
   or prior Modification;

   C.        Any new file that is contributed or otherwise made available
   under the terms of this License;

   D.        Any new file other than one forming part of Qualifying
   Software, distributed or otherwise made available with the Original
   Software or prior Modifications that, in order to be converted into
   Executable form, requires access to the Original Code or prior
   Modifications including without limitation, access to interface
   definition files such as "header files";

   E.         Any file other than one forming part of Qualifying
   Software, which is otherwise, in whole or in part, derived from the
   Original Software or prior Modifications, or part thereof.

   1.12.    "Original Software" means the Source Code and Executable form
   of computer software code that is originally released under this
   License.

   1.13.    "Other Software" means computer software (whether in Source
   code or Executable form) which is not governed by the terms of this
   Licence.

   1.14.    "Patent Claims" means any patent claim(s), now owned or
   hereafter acquired, including without limitation, method, process, and
   apparatus claims, in any patent Licensable by grantor.

   1.15.    "Qualifying License" means the Open Vendor Public License,
   the Open Vendor Lesser Public License, or any license that is, or has
   at any prior date been, approved by the Open Source Initiative (a
   California not-for-profit corporation whose address is the Law Offices
   of Lawrence E. Rosen, 702 Marshall St. Ste. 301, Redwood City, CA
   94063).

   1.16.    "Qualifying Software" means any work that:

   A.           has been irrevocably made generally available to the
   public at large under a Qualifying License; and

   B.           does not constitute a derived work of the Original
   Software or any prior Modification or part thereof, or would not
   constitute a derived work of the Original Software or any prior
   Modification or part thereof but for the use, during the process of
   conversion between Source Code form and Executable form, of interface
   definition files such as "header files" of the Original Software or
   prior Modifications.

   1.17.    "Source Code" means (a) the common form of computer software
   code in which modifications are made and (b) associated documentation
   included in or with such code.

   1.18.    "You" (or "Your") means an individual or a legal entity
   exercising rights under, and complying with all of the terms of, this
   License. For legal entities, "You" 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 more than fifty percent (50%) of the
   outstanding shares or beneficial ownership of such entity.

   2.         LICENSE GRANTS.

   2.1.      The Initial Developer Grant.

   Conditioned upon Your compliance with Section 3 below and subject to
   third party intellectual property claims, the Initial Developer hereby
   grants You a world-wide, royalty-free, non-exclusive license:

   (a)       under intellectual property rights (other than patent or
   trademark) Licensable by Initial Developer, to use, reproduce, modify,
   display, perform, sublicense and distribute the Original Software (or
   portions thereof), with or without Modifications, and/or as part of a
   Larger Work; and

   (b)       under Patent Claims infringed by the making, using or
   selling of Original Software, to make, have made, use, practice, sell,
   and offer for sale, and/or otherwise dispose of the Original Software
   (or portions thereof).

   (c)       The licenses granted in Sections 2.1(a) and (b) are
   effective on the date Initial Developer first distributes or otherwise
   makes the Original Software available to a third party under the terms
   of this License.

   (d)       Notwithstanding Section 2.1(b) above, no patent license is
   granted: (1) for code that You delete from the Original Software, or
   (2) for infringements caused by: (i) the modification of the Original
   Software, or (ii) the combination of the Original Software with other
   software or devices.

   2.2.      Contributor Grant.

   Conditioned upon Your compliance with Section 3 below and subject to
   third party intellectual property claims, each Contributor hereby
   grants You a world-wide, royalty-free, non-exclusive license:

   (a)       under intellectual property rights (other than patent or
   trademark) Licensable by Contributor 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 Software and/or as part of
   a Larger Work; and

   (b)       under Patent Claims infringed by the making, using, or
   selling of Modifications made by that Contributor either alone and/or
   in combination with its Contributor Version (or portions of such
   combination), to make, use, sell, offer for sale, have made, and/or
   otherwise dispose of: (1) Modifications made by that Contributor (or
   portions thereof); and (2) the combination of Modifications made by
   that Contributor with its Contributor Version (or portions of such
   combination).

   (c)       The licenses granted in Sections 2.2(a) and 2.2(b) are
   effective on the date Contributor first distributes or otherwise makes
   the Modifications available to a third party.

   (d)       Notwithstanding Section 2.2(b) above, no patent license is
   granted: (1) for any code that Contributor has deleted from the
   Contributor Version; (2) for infringements caused by: (i) third party
   modifications of Contributor Version, or (ii) the combination of
   Modifications made by that Contributor with other software (except as
   part of the Contributor Version) or other devices; or (3) under Patent
   Claims infringed by Covered Software in the absence of Modifications
   made by that Contributor.

   3.         DISTRIBUTION OBLIGATIONS.

   3.1.      Availability of Source Code.

   Any Covered Software that You distribute or otherwise make available
   in Executable form must also be made available in Source Code form and
   that Source Code form must be distributed only under the terms of this
   License. You must include a copy of this License with every copy of
   the Source Code form of the Covered Software You distribute or
   otherwise make available. You must inform recipients of any such
   Covered Software in Executable form as to how they can obtain such
   Covered Software in Source Code form in a reasonable manner on or
   through a medium customarily used for software exchange.

   3.2.      Modifications.

   The Modifications that You create or to which You contribute are
   governed by the terms of this License. You represent that You believe
   Your Modifications are Your original creation(s) and/or You have
   sufficient rights to grant the rights conveyed by this License.

   3.3.      Additional License of Modifications to Initial Developer.

   To the fullest extent permitted by law, in addition to the license
   granted under clause 2, You hereby grant a perpetual, irrevocable,
   world-wide royalty-free, sub-licensable, non-exclusive license to the
   Licensed Modifications to the Initial Developer in respect of Future
   Versions:

   (a)       under intellectual property rights (other than patent or
   trademark) Licensable by You to use, reproduce, modify, display,
   perform, sublicense, and distribute the Licensed Modifications (or
   portions thereof); and

   (b)       under Patent Claims infringed by the making, using, or
   selling of Licensed Modifications either alone and/or in combination
   with the Original Software and prior Modifications used by You (or
   portions of such combination), to make, use, sell, offer for sale,
   have made, and/or otherwise dispose of: (1) the Licensed Modifications
   (or portions thereof); and (2) the combination of the Licensed
   Modifications, the Original Software and prior Modifications used by
   You (or portions of such combination)

   BUT SUCH GRANT SHALL BE AND SHALL REMAIN CONDITIONAL UPON the Initial
   Developer procuring that in respect of each Future Version:

   (i)        all Licensed Modifications incorporated in that Future
   Version; and

   (ii)       either that Future Version or another Future Version
   incorporating the same Licensed Modifications (possibly together with
   other Modifications)

   are made and remain generally available to the public at large under
   the terms of this License or a subsequent version of this License
   released under Section 4.1, with the Initial Developer identified as
   such therein, in addition to under any other license(s) of the Initial
   Developer if any. Such license shall be effective on the date that You
   first distributed such Modifications and shall apply to the
   Modifications both in the form contributed, distributed or otherwise
   made available and in Source Code form. If You do not make all of your
   Licensed Modifications irrevocably generally available to the public
   at large, then, upon written request of the Initial Developer, You
   must promptly provide, at the Initial Developer's cost, a copy of all
   Licensed Modifications together with the date at which each grant
   thereto became effective. For the avoidance of doubt, in the absence
   of such a request, You are not required under this Section to notify
   the Initial Developer if you contribute, distribute, or otherwise make
   available Modifications.

   3.4.      Required Notices.

   You must include a notice in each of Your Modifications that
   identifies You as the Contributor of the Modification. You may not
   remove or alter any copyright, patent or trademark notices contained
   within the Covered Software, or any notices of licensing or any
   descriptive text giving attribution to any Contributor or the Initial
   Developer.

   3.5.      Application of Additional Terms.

   You may not offer or impose any terms on any Covered Software in
   Source Code form that alters or restricts the applicable version of
   this License or the recipients' rights hereunder. You may choose to
   offer, and to charge a fee for, warranty, support, indemnity or
   liability obligations to one or more recipients of Covered Software.
   However, you may do so only on Your own behalf, and not on behalf of
   the Initial Developer or any Contributor. You must make it absolutely
   clear that any such warranty, support, indemnity or liability
   obligation is offered by You alone, and You hereby agree to indemnify
   the Initial Developer and every Contributor for any liability incurred
   by the Initial Developer or such Contributor as a result of warranty,
   support, indemnity or liability terms You offer.

   3.6.      Distribution of Executable Versions.

   You may distribute the Executable form of the Covered Software under
   the terms of this License or under the terms of a license of Your
   choice, which may contain terms different from this License, provided
   that You are in compliance with the terms of this License and that the
   license for the Executable form does not attempt to limit or alter the
   recipient's rights in the Source Code form from the rights set forth
   in this License. If You distribute the Covered Software in Executable
   form under a different license, You must make it absolutely clear that
   any terms which differ from this License are offered by You alone, not
   by the Initial Developer or Contributor. You hereby agree to indemnify
   the Initial Developer and every Contributor for any liability incurred
   by the Initial Developer or such Contributor as a result of any such
   terms You offer.

   3.7.      Larger Works.

   You may create a Larger Work by combining Covered Software with other
   code not governed by the terms of this License and distribute the
   Larger Work as a single product. In such a case, You must make sure
   the requirements of this License are fulfilled for the Covered
   Software.

   4.         Versions of the License.

   4.1.      New Versions.

   [OpenVendor Ltd - insert name] is the initial license steward and may
   publish revised and/or new versions of this License from time to time.
   Each version will be given a distinguishing version number. Except as
   provided in Section 4.3, no one other than the license steward has the
   right to modify this License.

   4.2.      Effect of New Versions.

   You may always continue to use, distribute or otherwise make the
   Covered Software available under the terms of the version of the
   License under which You originally received the Covered Software. If
   the Initial Developer includes a notice in the Original Software
   prohibiting it from being distributed or otherwise made available
   under any subsequent version of the License, You must distribute and
   make the Covered Software available under the terms of the version of
   the License under which You originally received the Covered Software.
   Otherwise, You may also choose to use, distribute or otherwise make
   the Covered Software available under the terms of any subsequent
   version of the License published by the license steward.

   4.3.      Modified Versions.

   When You are an Initial Developer and You want to create a new license
   for Your Original Software, You may create and use a modified version
   of this License if You: (a) rename the license and remove any
   references to the name of the license steward (except to note that the
   license differs from this License); and (b) otherwise make it clear
   that the license contains terms which differ from this License.

   5.         DISCLAIMER OF WARRANTY.

   TO THE FULLEST EXTENT PERMITTED BY THE LAWS OF THE APPLICABLE
   JURISDICTION, COVERED SOFTWARE 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
   SOFTWARE 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 SOFTWARE IS WITH YOU. SHOULD ANY COVERED
   SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL
   DEVELOPER 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
   SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. IN SO
   FAR AS LIABILITY UNDER OR PURSUANT TO SUCH LEGISLATION MAY NOT BE
   EXCLUDED, SUCH LIABILITY IS LIMITED AT THE EXCLUSIVE OPTION OF THE
   INITIAL DEVELOPER OR CONTRIBUTOR, AS THE CASE MAY BE, TO: (i) THE
   PROVISION OF ANOTHER COPY OF THE COVERED SOFTWARE; OR (ii) THE PAYMENT
   OF THE COST OF OBTAINING ANOTHER COPY OF THE COVERED SOFTWARE.

   6.         TERMINATION.

   6.1.      This License and the rights granted hereunder will terminate
   automatically if You fail to comply with terms herein and fail to cure
   such breach within 30 days of becoming aware of the breach. Provisions
   which, by their nature, must remain in effect beyond the termination
   of this License shall survive.

   6.2.      If You assert a patent infringement claim (excluding
   declaratory judgment actions) against Initial Developer or a
   Contributor (the Initial Developer or Contributor against whom You
   assert such claim is referred to as "Participant") alleging that the
   Participant Software (meaning the Contributor Version where the
   Participant is a Contributor or the Original Software where the
   Participant is the Initial Developer) directly or indirectly infringes
   any patent, then any and all rights granted directly or indirectly to
   You by such Participant, the Initial Developer (if the Initial
   Developer is not the Participant) and all Contributors under Sections
   2.1 and/or 2.2 of this License shall, upon 60 days notice from
   Participant terminate prospectively and automatically at the
   expiration of such 60 day notice period, unless if within such 60 day
   period You withdraw Your claim with respect to the Participant
   Software against such Participant either unilaterally or pursuant to a
   written agreement with Participant.

   6.3.      In the event of termination under Sections 6.1 or 6.2 above,
   all end user licenses that have been validly granted by You or any
   distributor hereunder prior to termination (excluding licenses granted
   to You by any distributor) shall survive termination.

   7.         LIMITATION OF LIABILITY.

   TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND
   UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT,
   OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR,
   OR ANY DISTRIBUTOR OF COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH
   PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL,
   INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING,
   WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, 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
   THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.

   8.         U.S. GOVERNMENT END USERS.

   The Covered Software is a "commercial item," as that term is defined
   in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer
   software" (as that term is defined at 48 C.F.R. § 252.227-7014(a)(1))
   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 Software with only those
   rights set forth herein. This U.S. Government Rights clause is in lieu
   of, and supersedes, any other FAR, DFAR, or other clause or provision
   that addresses Government rights in computer software under this
   License.

   9.         MISCELLANEOUS.

   This License represents the complete agreement concerning subject
   matter hereof. 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
   the law of the jurisdiction specified in a notice contained within the
   Original Software (except to the extent applicable law, if any,
   provides otherwise), excluding such jurisdiction's conflict-of-law
   provisions. Any litigation relating to this License shall be subject
   to the jurisdiction of the courts located in the jurisdiction and
   venue specified in a notice contained within the Original Software,
   with the losing party responsible for costs, including, without
   limitation, court costs and reasonable attorneys' fees and expenses.
   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. You
   agree that You alone are responsible for compliance with the United
   States export administration regulations (and the export control laws
   and regulation of any other countries) when You use, distribute or
   otherwise make available any Covered Software.

   10.       RESPONSIBILITY FOR CLAIMS.

   As between Initial Developer and the Contributors, each party is
   responsible for claims and damages arising, directly or indirectly,
   out of its utilization of rights under this License and You agree to
   work with Initial Developer and Contributors to distribute such
   responsibility on an equitable basis. Nothing herein is intended or
   shall be deemed to constitute any admission of liability.



------- END OPEN VENDOR LESSER PUBLIC LICENSE (OVLPL) ---------