Subject: For Approval: MindTree Public License
From: "Shahnawaz Khan" <shahnawaz_khan@mindtree.com>
Date: Mon, 13 Feb 2006 11:54:17 +0530
Mon, 13 Feb 2006 11:54:17 +0530
Dear All,

We have modified the MindTree Public License based on the suggestions by the
OSI members. The revised license is attached herewith for your consideration.

summary of changes:

OSD#7 & OSD#10 have been addressed in the modified license.

Thanks & Regards,
Shahnawaz Khan

Associate Director - KM
MindTree Consulting Pvt Ltd
http://www.mindtree.com




-----Original Message-----
From: Russell Nelson [mailto:nelson@crynwr.com] 
Sent: Friday, December 09, 2005 1:50 AM
To: osi@opensource.org
Cc: license-discuss@opensource.org
Subject: License Committee Report for December 2005

I'm the chair of the license approval committee.  This is my report
for the current set of licenses under discussion.  If anybody
disagrees with my assessment of the committee's conclusions, say so
promptly.

Note: BCC'ed to the license submittors.

--

Title: MindTree Public License (MTPL)
Submission:
http://crynwr.com/cgi-bin/ezmlm-cgi?3:mss:11139:200510:ecmngoaakbmlijlpoibm
License: in the submission.
Comments: Universal dislike.  Rick Moen points out that since
    copyright assignment must be done via a separate contract, it
    fails OSD#7 (Distribution of License).  By specifying a technology
    ("By clicking on the I Agree button below"), it violates OSD#10
    (License Must Be Technology-Neutral). 
Recommend: rejection.

--

Title: OSL/AFL 3.0
Submission:
http://crynwr.com/cgi-bin/ezmlm-cgi?3:msp:10941:fhabfhkahidacabelfhh
License: http://www.rosenlaw.com/OSL3.0.htm
License: http://www.rosenlaw.com/AFL3.0.htm
Comments: Rod Dixon recommends approval of both licenses
Recommend: approval

-- 
--my blog is at     blog.russnelson.com         | A computer without Python
is
Crynwr sells support for free software  | PGPok | like a CPU without memory:
521 Pleasant Valley Rd. | +1 315-323-1241       | it runs, but you can't do
Potsdam, NY 13676-3213  |     Sheepdog          | anything useful with it.


MINDTREE PUBLIC LICENSE
Version 0.9       13 Feb 2006

MindTree Consulting Private Limited ("MindTree") is the owner of the Original Licensed
Software and proposes to permit the use, copy, 
Distribution or Modification of the Original Licensed Software under the terms of this
MindTree Public License (the "MTPL").

You agree to be bound by the terms of this MTPL and that You will abide by and adhere
to the duties and obligations contained in this 
MTPL. Your acceptance shall operate as a valid binding contract for the purpose of all
applicable laws in this regard.

1.	MindTree is the owner of the Original Licensed Software, in its entirety, as protected
by Indian law and international conventions. 
Subject to the terms of this MTPL, MindTree hereby grants You a world-wide, royalty-free,
perpetual, non-exclusive license to install, 
use, reproduce, Modify, display, perform and Distribute the Original Licensed Software
verbatim or portions thereof , in Source Code, with 
or without the object code and each Contributor grants You a world-wide, royalty-free,
perpetual, non-exclusive license to install, use, 
reproduce, Modify, display, perform and Distribute the Modifications verbatim or portions
thereof or as part of the larger work including 
the Original Licensed Software, in Source Code, with or without the object code.

2.	In the event You Distribute copies of the Original Licensed Software, You agree that
You shall Distribute the same under the terms of 
the MTPL, make available a copy of this MTPL to every recipient of the Original Licensed
Software and ensure that such recipient is bound 
by the terms and conditions of this MTPL. Any failure on Your part to Distribute the
Original Licensed Software, under the terms of the 
MTPL, including providing a copy of this MTPL, shall render You liable for all direct
or indirect consequences arising from such failure, 
including any indemnification to be provided to MindTree for all such consequences.

3.	You shall not be required to publish, in accordance with this MTPL, any Modifications
to the Original Licensed Software in the event 
You do not intend on Distributing the same. However, in the event You Distribute the
Modifications to the Original Licensed Software, You 
agree (i) to make available the Source Code of the Original Licensed Software and any
Modifications and (ii) to ensure that the Source 
Code of the Modifications and the Original Licensed Software are published under the
terms of this MTPL or any future versions and the 
Modifications and Original Licensed Software are Distributed under the terms and notices
of this MTPL or any future versions (including 
the copyright notices contained in the MTPL). Any failure on Your part to Distribute
the Original Licensed Software and any Modifications, 
under the terms of the MTPL, including providing a copy of this MTPL or any future version
shall render You liable for all direct or 
indirect consequences arising from such failure, including any indemnification to be
provided to MindTree for all such consequences.
4.	You, as a Contributor, agree to grant to  future licensees a world-wide, perpetual,
royalty-free, non-exclusive license, subject to 
third party intellectual property claims, to install, use, reproduce, Modify, display,
perform, and Distribute any Modifications created 
by You or portions thereof, in Source Code with or without the Object Code, either on
an unmodified basis or as part of any larger work. 

5.	All Modifications created and Distributed by You shall be clearly identifiable to
have been made by You. You shall submit, in writing 
or electronically in a manner that can be unequivocally attributed to You, Your Modifications
to MindTree, or any other agency authorized 
to make available the Original Licensed Software, for its inclusion in the Original
Licensed Software. Your Modifications shall be 
documented in a file as part of the Source file which shall also contain Your name,
permanent physical address, email address, the date of 
the modification. If You have knowledge that a license to a third party's intellectual
property right is required to exercise the rights 
granted by this MTPL to Your Modifications, including the right to use an API, You must
declare so and describe the claim and provide 
adequate information about such party in the said file.

6.	You represent to MindTree and any other users that Your Modifications are Your original
work and that they do not infringe the 
intellectual property rights of any other person other than a patent identified and
declared by You as part of Your file in the Source 
Code. You shall indemnify, defend and hold harmless MindTree or any other licensee from
and against all demands, liabilities, causes of 
action, judgments, costs, claims, damages, suits, losses and expenses (including attorneys'
fees), of any nature, kind or description of 
any person or entity whomsoever as a result of and arising our of any breach of representation
and warranty provided herein.



7.	This MTPL, in no way, grants any rights to trademarks, copyrights, patents, trade
secrets or any other intellectual property of 
MindTree or of any Contributor except as expressly stated herein. You agree that You
shall not register a patent or other intellectual 
property right in respect of the Original Licensed Software or any Modifications.

8.	If any provision of this MTPL shall be invalid or unenforceable to any extent, for
any reason including by reason of any law or 
regulation or government policy or decision of a court of law, as against You, You shall
cease to carry out such acts which conflict with 
the terms of this MTPL. Further, You agree that the remainder of this MTPL and the application
of such provision to You other than those 
as to which it is held invalid or unenforceable shall not be affected thereby, and each
provision of this Agreement shall be valid and 
enforceable to the fullest extent permitted by law.

9.	THE ORIGINAL LICENSED SOFTWARE AND ANY MODIFICATION ARE PROVIDED TO YOU UNDER THIS
LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF 
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT
THE ORIGINAL LICENSED 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 ORIGINAL LICENSED 
SOFTWARE AND ANY MODIFICATION IS WITH YOU (NOT MINDTREE OR A CONTRIBUTOR). SHOULD ORIGINAL
LICENSED SOFTWARE AND ANY MODIFICATION PROVE 
DEFECTIVE IN ANY RESPECT, YOU (AND NOT MINDTREE 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 ORIGINAL LICENSED SOFTWARE OR 
MODIFICATION IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

10.	YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE ORIGINAL LICENSED
SOFTWARE OR MODIFICATION AND YOU AGREE THAT IN 
NO EVENT AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR
OTHERWISE SHALL MINDTREE OR A CONTRIBUTOR BE HELD 
LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES WITH RESPECT TO
ANY CLAIM, FOR ANY REASON, INCLUDING BUT NOT LIMITED 
TO ON ACCOUNT OF OR ARISING FROM USE OF THE ORIGINAL LICENSED SOFTWARE, 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.

11.	In the event You fail to comply with the terms of this MTPL and fail to cure a breach
within thirty (30) days of becoming aware of 
such breach, the MTPL and the rights granted hereunder will automatically terminate
as regards You. From the date of termination, You 
shall cease to use the Original Licensed Software. All Distributions of the Original
Licensed Software that are properly made shall 
however survive any termination of this MTPL. Provisions that, by their nature, must
remain in effect beyond the termination of this MTPL, 
shall survive.

12.	If You initiate litigation by asserting a patent infringement claim against MindTree
or a Contributor ("Respondent") alleging that 
Original Licensed Software or any Modification directly or indirectly infringes any
patent, then any and all rights granted by such 
Respondent to You under Sections 1 or 4 of this MTPL shall terminate prospectively upon
thirty (30) days notice from Respondent (the 
"Notice Period") unless within that Notice Period You either agree in writing to withdraw
Your litigation claim with respect to the 
Original Licensed Software against such Respondent, failing which the rights granted
by MindTree or Contributor to You under Sections 1 
and 4 automatically terminate at the expiration of said Notice Period.

13.	MindTree has the right to publish revised and/or new versions of this MTPL. You
have the option to use the Original Licensed Software 
under this version of the MTPL or under the terms of any subsequent version of the MTPL
as published by MindTree. No one other than 
MindTree has the right to modify the terms applicable to Original Licensed Software
created under this MTPL.

14.	This MTPL shall be governed by and construed and interpreted in accordance with
the laws of India, without giving effect to any 
conflict of law principles. You hereby irrevocably consent to the exclusive jurisdiction
of the Courts of the Bangalore in connection with 
any action or proceeding arising out of or relating to this MTPL.

15.	Definitions and Interpretation

"Contributor" shall mean MindTree and any individual or legal entity on behalf of whom
a Contribution has been received by MindTree and 
subsequently incorporated within the Original Licensed Software.

"Distribute" shall mean to post, publish, upload, initiate, transfer or otherwise make
available the Original Licensed Software and any 
Modifications to another person, and shall specifically cover the act of placing a copy
of the Original Licensed Software anywhere that 
another party might reasonably be expected to gain access. Distribution may be possible
in any medium (whether tangible or intangible, 
fixed or unfixed), including, but not limited to, document-based medium, computer-based
network, network, magnetic means, electronic 
means, and any other method for the publication, retention, conveyance, possession or
holding of content.

"Interface" shall mean interfaces, functions, properties, class definitions, APIs, Header
Files, GUIDs, VTables, and/or protocols allowing 
one piece of software, firmware or hardware to communicate or interoperate with another
piece of software, firmware or hardware.

"Modification(s)" shall mean (i) any addition to, deletion from and/or change to the
substance and/or structure of the Original Licensed 
Software, including Interfaces; (ii) any addition to, deletion from and/or change to
the files or modules of the Source Code; (iii) adding 
any new file that contains any part of Original Licensed Software. Modifications shall
also include translations of the Original Licensed 
Software.

"Original Licensed Software" shall mean the software licensed by MindTree under this
MTPL, which shall include its Source Code, its object 
code, its Interfaces, and all updates, enhancements, releases, patches, modifications,
and error corrections, and any literature or 
materials of any kind provided in written or electronic form in connection the Original
Licensed Software, including training, promotional 
or sales literature or materials. 

"Source Code" means the computer-programming code for making Modifications, not directly
executable by a computer but which may be printed 
out or displayed in a human readable form, including all modules it contains, plus any
associated Interfaces, scripts used to control 
compilation and installation of an executable, which when compiled through a compiler
program is convertible into machine readable code.

"You" or "Your" shall mean an individual or legal entity exercising permissions granted
by this MTPL.

The following rules apply unless the context requires otherwise:

(a)	Examples given in this MTPL are non-limiting. The words "including" and "includes"
are non-limiting;

(b)	words in the singular number include the plural and vice versa; and

(c)	where a word or phrase is given a particular meaning, other parts of speech and
grammatical forms of that word or phrase have 
corresponding meanings.





Copyright  MindTree Consulting Private Limited 
(Unauthorised copying of, altering or modifying of this version of the MTPL is strictly
prohibited)

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