Subject: For Approval: BSD License (with express disclaimer of noninfringement added)
From: "Sarah Pritchard" <sarahp@ucar.edu>
Date: Mon, 07 Aug 2006 14:43:01 -0600
Mon, 07 Aug 2006 14:43:01 -0600
To Whom it May Concern:

On August 2, 2006, I submitted a "Legal analysis of license for 
approval" to license-approval@opensource.org for our license, entitled 
"BSD License (with express disclaimer of noninfringement added)."  This 
email is intended to address all other information requirements for OSI 
approval of a license. //


    * The existing OSI-approved BSD license is most similar to our
      proposed license, but the BSD license will not suffice because one
      of our contributors insists upon an express disclaimer of
      noninfringement.  For this reason, we have modified the BSD
      license by adding the word, "NONINFRINGMENT" after the word,
      "MERCHANTABILITY" in the first sentence of the final paragraph of
      the license.

 

    *

      Redistribution, with or without modification, is permitted, so
      long as copyright recognized, liability disclaimed and contributor
      names not used to endorse.  We are unaware of licenses that are
      entirely incompatible with out proposed license, but there may be
      some such licenses.
      / /

    * The plain text version of our proposed license is reprinted below,
      in its entirety:

 
*OWNER = the University Corporation for Atmospheric Research (UCAR), 
with contributions from Ohio State University and Silicon Graphics (the 
"Contributors")
YEAR = 2006*

* *

*A.     VAPOR software  - Copyright (c) 2006 UCAR.  All rights reserved.*

* *

*B.     Contributions to VAPOR software:
1. OSU Flow Integration Library - Copyright (c) 2006 Ohio State 
University.  All rights reserved.
2. GLEW software - Copyright (c) 2002-2006 Silicon Graphics, Inc. All 
Rights Reserved.*

* *

*Redistribution and use in source and binary forms, with or without 
modification, are permitted provided that the following conditions are met:*

* *

    * * Redistributions of source code must retain the above copyright
      notices, as included in the source code, this list of conditions
      and the following disclaimer.
    * Redistributions in binary form must reproduce the above copyright
      notice, this list of conditions and the following disclaimer in
      the documentation and/or other materials provided with the
      distribution.
    * Neither the name of the University Corporation for Atmospheric
      Research nor the names of its Contributors may be used to endorse
      or promote products derived from this software without specific
      prior written permission.
      * 

* *

*THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS 
IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED 
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND 
FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE 
COPYRIGHT OWNER OR 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 
THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.*

* *

-- 
Confidential Communication
If this communication was received in error please disregard and delete immediately.

Sarah Forsythe Pritchard
Associate General Counsel
UCAR/NCAR
1850 Table Mesa Drive
Boulder, CO 80305
303-497-8564 (voice)
303-497-8501 (fax)
sarahp@ucar.edu






To Whom it May Concern:

On August 2, 2006, I submitted a "Legal analysis of license for approval" to license-approval@opensource.org for our license, entitled "BSD License (with express disclaimer of noninfringement added)."  This email is intended to address all other information requirements for
OSI approval of a license.

  • The existing OSI-approved BSD license is most similar to our proposed license, but the BSD license will not suffice because one of our contributors insists upon an express disclaimer of noninfringement.  For this reason, we have modified the BSD license by adding the word, “NONINFRINGMENT” after the word, “MERCHANTABILITY” in the first sentence of the final paragraph of the license.

 

  • Redistribution, with or without modification, is permitted, so long as copyright recognized, liability disclaimed and contributor names not used to endorse.  We are unaware of licenses that are entirely incompatible with out proposed license, but there may be some such licenses.
     

  • The plain text version of our proposed license is reprinted below, in its entirety:

 
OWNER = the University Corporation for Atmospheric Research (UCAR), with contributions from Ohio State University and Silicon Graphics (the "Contributors")
YEAR = 2006

A.     VAPOR software  - Copyright (c) 2006 UCAR.  All rights reserved.

B.     Contributions to VAPOR software:
1. OSU Flow Integration Library - Copyright
(c) 2006 Ohio State University.  All rights reserved.
2. GLEW software - Copyright
(c) 2002-2006 Silicon Graphics, Inc. All Rights Reserved.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

  • Redistributions of source code must retain the above copyright notices, as included in the source code, this list of conditions and the following disclaimer.
  • Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
  • Neither the name of the University Corporation for Atmospheric Research nor the names of its Contributors may be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR 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 THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

 

-- 
Confidential Communication
If this communication was received in error please disregard and delete immediately.

Sarah Forsythe Pritchard
Associate General Counsel
UCAR/NCAR
1850 Table Mesa Drive
Boulder, CO 80305
303-497-8564 (voice)
303-497-8501 (fax)
sarahp@ucar.edu