Subject: FOR APPROVAL: WhizbangApplicationCompany Public License 1.0
From: Nicholas Goodman <ngoodman@bayontechnologies.com>
Date: Wed, 15 Nov 2006 10:28:48 -0800

 Wed, 15 Nov 2006 10:28:48 -0800
Text is included below.  It is the "Exhibit B" license (APL, SPL, JPL,
ZPL) used by several companies.  While none of them have submitted,
determination of their verity to OSD is valuable to the FOSS community
at large.
http://www.nicholasgoodman.com/entry images/wpl.txt

Kind Regards,
Nick
PS - I value OSI boards time.  I hope submitting a license in proxy for
others doesn't appear differently.  I think it valuable to get a
determination on these licenses; I hope OSI agrees to consider and make
a determination on this license.

--- BEGIN LICENSE ---
WhizbangApplicationCompany Public License 
(Note: This license is the Mozilla Public License v. 1.1, with an attribution clause
added.)

1. Definitions.

      1.0.1. "Commercial Use" means distribution or otherwise making the Covered Code
available to a third party.

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

      1.2. ''Contributor Version'' means the combination of the Original Code, prior
Modifications used by a Contributor, and the Modifications made by that particular Contributor.

      1.3. ''Covered Code'' means the Original Code or Modifications or the combination
of the Original Code and Modifications, in each case including portions thereof.

      1.4. ''Electronic Distribution Mechanism'' means a mechanism generally accepted
in the software development community for the electronic transfer of data.

      1.5. ''Executable'' means Covered Code in any form other than Source Code.

      1.6. ''Initial Developer'' means the individual or entity identified as the Initial
Developer in the Source Code notice required by Exhibit A.

      1.7. ''Larger Work'' means a work which combines Covered Code or portions thereof
with code not governed by the terms of this License.

      1.8. ''License'' means this document.

      	1.8.1. "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. ''Modifications'' means any addition to or deletion from the substance or
structure of either the Original Code or any previous Modifications. When Covered Code
is released as a series of files, a Modification is:

            	A. Any addition to or deletion from the contents of a file containing Original
Code or previous Modifications.

            	B. Any new file that contains any part of the Original Code or previous
Modifications.
             
      1.10. ''Original Code'' means Source Code of computer software code which is described
in the Source Code notice required by Exhibit A as Original Code, and which, at the
time of its release under this License is not already Covered Code governed by this
License.

      	1.10.1. "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.

      1.11. ''Source Code'' means the preferred form of the Covered Code for making
modifications to it, including all modules it contains, plus any associated interface
definition files, scripts used to control compilation and installation of an Executable,
or source code differential comparisons against either the Original Code or another
well known, available Covered Code of the Contributor's choice. The Source Code can
be in a compressed or archival form, provided the appropriate decompression or de-archiving
software is widely available for no charge.

      1.12. "You'' (or "Your")  means an individual or a legal entity exercising rights
under, and complying with all of the terms of, this License or a future version of this
License issued under Section 6.1. 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. Source Code License.

      2.1. The Initial Developer Grant.
      The Initial Developer hereby grants You a world-wide, royalty-free, non-exclusive
license, subject to third party intellectual property claims:

            	(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 Code (or portions thereof) with or without Modifications,
and/or as part of a Larger Work; and

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

                      	(c) the licenses granted in this Section 2.1(a) and (b) are effective
on the date Initial Developer first distributes Original Code 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 Code; 2) separate from the Original Code;
 or 3) for infringements caused by: i) the modification of the Original Code or ii)
the combination of the Original Code with other software or devices.
             
      2.2. Contributor Grant.
      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 Code 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 makes Commercial Use of the Covered Code.

            	(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)  separate
from the Contributor Version;  3)  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
4) under Patent Claims infringed by Covered Code in the absence of Modifications made
by that Contributor.

3. Distribution Obligations.

      3.1. Application of License.
      The Modifications which You create or to which You contribute are governed by
the terms of this License, including without limitation Section 2.2. The Source Code
version of Covered Code may be distributed only under the terms of this License or a
future version of this License released under Section 6.1, and You must include a copy
of this License with every copy of the Source Code You distribute. You may not offer
or impose any terms on any Source Code version that alters or restricts the applicable
version of this License or the recipients' rights hereunder. However, You may include
an additional document offering the additional rights described in Section 3.5.

      3.2. Availability of Source Code.
      Any Modification which You create or to which You contribute must be made available
in Source Code form under the terms of this License either on the same media as an Executable
version or via an accepted Electronic Distribution Mechanism to anyone to whom you made
an Executable version available; and if made available via Electronic Distribution Mechanism,
must remain available for at least twelve (12) months after the date it initially became
available, or at least six (6) months after a subsequent version of that particular
Modification has been made available to such recipients. You are responsible for ensuring
that the Source Code version remains available even if the Electronic Distribution Mechanism
is maintained by a third party.

      3.3. Description of Modifications.
      You must cause all Covered Code to which You contribute to contain a file documenting
the changes You made to create that Covered Code and the date of any change. You must
include a prominent statement that the Modification is derived, directly or indirectly,
from Original Code provided by the Initial Developer and including the name of the Initial
Developer in (a) the Source Code, and (b) in any notice in an Executable version or
related documentation in which You describe the origin or ownership of the Covered Code.

      3.4. Intellectual Property Matters

            	(a) Third Party Claims.
            	If Contributor has knowledge that a license under a third party's intellectual
property rights is required to exercise the rights granted by such Contributor under
Sections 2.1 or 2.2, Contributor must include a text file with the Source Code distribution
titled "LEGAL'' which describes the claim and the party making the claim in sufficient
detail that a recipient will know whom to contact. If Contributor obtains such knowledge
after the Modification is made available as described in Section 3.2, Contributor shall
promptly modify the LEGAL file in all copies Contributor makes available thereafter
and shall take other steps (such as notifying appropriate mailing lists or newsgroups)
reasonably calculated to inform those who received the Covered Code that new knowledge
has been obtained.

          		(b) Contributor APIs.
            	If Contributor's Modifications include an application programming interface
and Contributor has knowledge of patent licenses which are reasonably necessary to implement
that API, Contributor must also include this information in the LEGAL file.
             
      		(c)  Representations.
            	Contributor represents that, except as disclosed pursuant to Section 3.4(a)
above, Contributor believes that Contributor's Modifications are Contributor's original
creation(s) and/or Contributor has sufficient rights to grant the rights conveyed by
this License.

      3.5. Required Notices.
      You must duplicate the notice in Exhibit A in each file of the Source Code.  If
it is not possible to put such notice in a particular Source Code file due to its structure,
then You must include such notice in a location (such as a relevant directory) where
a user would be likely to look for such a notice.  If You created one or more Modification(s)
You may add your name as a Contributor to the notice described in Exhibit A.  You must
also duplicate this License in any documentation for the Source Code where You describe
recipients' rights or ownership rights relating to Covered Code.  You may choose to
offer, and to charge a fee for, warranty, support, indemnity or liability obligations
to one or more recipients of Covered Code. 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 than 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 Covered Code in Executable form only if the requirements of
Sections 3.1-3.5 have been met for that Covered Code, and if You include a notice stating
that the Source Code version of the Covered Code is available under the terms of this
License, including a description of how and where You have fulfilled the obligations
of Section 3.2. The notice must be conspicuously included in any notice in an Executable
version, related documentation or collateral in which You describe recipients' rights
relating to the Covered Code. You may distribute the Executable version of Covered Code
or ownership rights under 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 version does not attempt to limit or alter the
recipient's rights in the Source Code version from the rights set forth in this License.
If You distribute the Executable version 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 any 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 Code 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 Code.

4. Inability to Comply Due to Statute or Regulation.

      If it is impossible for You to comply with any of the terms of this License with
respect to some or all of the Covered Code due to statute, judicial order, or regulation
then You must: (a) comply with the terms of this License to the maximum extent possible;
and (b) describe the limitations and the code they affect. Such description must be
included in the LEGAL file described in Section 3.4 and must be included with all distributions
of the Source Code. Except to the extent prohibited by statute or regulation, such description
must be sufficiently detailed for a recipient of ordinary skill to be able to understand
it.

5. Application of this License.

      This License applies to code to which the Initial Developer has attached the notice
in Exhibit A and to related Covered Code.

6. Versions of the License.

      6.1. New Versions.
      WhizbangApplicationCompany Software, Inc. (''WhizbangApplicationCompany'') may
publish revised and/or new versions of the License from time to time. Each version will
be given a distinguishing version number.

      6.2. Effect of New Versions.
      Once Covered Code has been published under a particular version of the License,
You may always continue to use it under the terms of that version. You may also choose
to use such Covered Code under the terms of any subsequent version of the License published
by WhizbangApplicationCompany. No one other than WhizbangApplicationCompany has the
right to modify the terms applicable to Covered Code created under this License.

      6.3. Derivative Works.
      If You create or use a modified version of this License (which you may only do
in order to apply it to code which is not already Covered Code governed by this License),
You must (a) rename Your license so that the phrases ''WhizbangApplicationCompany'',
''APL'' or any confusingly similar phrase do not appear in your license (except to note
that your license differs from this License) and (b) otherwise make it clear that Your
version of the license contains terms which differ from the WhizbangApplicationCompany
Public License. (Filling in the name of the Initial Developer, Original Code or Contributor
in the notice described in Exhibit A shall not of themselves be deemed to be modifications
of this License.)

7. DISCLAIMER OF WARRANTY.

      COVERED CODE 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 CODE 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
CODE IS WITH YOU. SHOULD ANY COVERED CODE 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 CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

8. TERMINATION.

      8.1.  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. All sublicenses to the Covered Code which are properly
granted shall survive any termination of this License. Provisions which, by their nature,
must remain in effect beyond the termination of this License shall survive.

      8.2.  If You initiate litigation by asserting a patent infringement claim (excluding
declaratory judgment actions) against Initial Developer or a Contributor (the Initial
Developer or Contributor against whom You file such action is referred to as "Participant")
 alleging that:

      (a)  such Participant's Contributor Version directly or indirectly infringes any
patent, then any and all rights granted by such Participant to You under Sections 2.1
and/or 2.2 of this License shall, upon 60 days notice from Participant terminate prospectively,
unless if within 60 days after receipt of notice You either: (i)  agree in writing to
pay Participant a mutually agreeable reasonable royalty for Your past and future use
of Modifications made by such Participant, or (ii) withdraw Your litigation claim with
respect to the Contributor Version against such Participant.  If within 60 days of notice,
a reasonable royalty and payment arrangement are not mutually agreed upon in writing
by the parties or the litigation claim is not withdrawn, the rights granted by Participant
to You under Sections 2.1 and/or 2.2 automatically terminate at the expiration of the
60 day notice period specified above.

      (b)  any software, hardware, or device, other than such Participant's Contributor
Version, directly or indirectly infringes any patent, then any rights granted to You
by such Participant under Sections 2.1(b) and 2.2(b) are revoked effective as of the
date You first made, used, sold, distributed, or had made, Modifications made by that
Participant.

      8.3.  If You assert a patent infringement claim against Participant alleging that
such Participant's Contributor Version directly or indirectly infringes any patent where
such claim is resolved (such as by license or settlement) prior to the initiation of
patent infringement litigation, then the reasonable value of the licenses granted by
such Participant under Sections 2.1 or 2.2 shall be taken into account in determining
the amount or value of any payment or license.

      8.4.  In the event of termination under Sections 8.1 or 8.2 above,  all end user
license agreements (excluding distributors and resellers) which have been validly granted
by You or any distributor hereunder prior to termination shall survive termination.

9. LIMITATION OF LIABILITY.

      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 CODE, 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 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.

10. U.S. GOVERNMENT END USERS.

      The Covered Code is a ''commercial item,'' as that term is defined in 48 C.F.R.
2.101 (Oct. 1995), consisting of ''commercial computer software'' 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 Code with only those rights set forth herein.

11. 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 California law provisions (except to the extent applicable law, if any,
provides otherwise), excluding its conflict-of-law provisions. With respect to disputes
in which at least one party is a citizen of, or an entity chartered or registered to
do business in the United States of America, any litigation relating to this License
shall be subject to the jurisdiction of the Federal Courts of the Northern District
of California, with venue lying in Santa Clara County, California, 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.

12. 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.

13. MULTIPLE-LICENSED CODE.

      Initial Developer may designate portions of the Covered Code as “Multiple-Licensed.”
 “Multiple-Licensed” means that the Initial Developer permits you to utilize portions
of the Covered Code under Your choice of the APL or the alternative licenses, if any,
specified by the Initial Developer in the file described in Exhibit A.

WhizbangApplicationCompany Public License 1.0 - Exhibit A

The contents of this file are subject to the WhizbangApplicationCompany Public License
Version 1.0
("License"); You may not use this file except in compliance with the
License. You may obtain a copy of the License at http://WhizbangApplicationCompany.org.
 
Software distributed under the License is distributed on an "AS IS" basis,
WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for
the specific language governing rights and limitations under the License.

The Original Code is: WhizbangApplicationCompany Open Source

The Initial Developer of the Original Code is WhizbangApplicationCompany Software, Inc.
Portions created by WhizbangApplicationCompany are Copyright 2005 WhizbangApplicationCompany
Software, Inc.;
All Rights Reserved.
Contributor(s):                                       .

[NOTE: The text of this Exhibit A may differ slightly from the text of the notices in
the Source Code files of the Original Code. You should use the text of this Exhibit
A rather than the text found in the Original Code Source Code for Your Modifications.]

WhizbangApplicationCompany Public License 1.0 - Exhibit B

Additional Terms applicable to the WhizbangApplicationCompany Public License.

I. Effect.
These additional terms described in this WhizbangApplicationCompany Public License –
Additional Terms shall apply to the Covered Code under this License.

II. WhizbangApplicationCompany and logo.
This License does not grant any rights to use the trademarks "WhizbangApplicationCompany"
and the "WhizbangApplicationCompany" logos even if such marks are included in the Original
Code or Modifications.

However, in addition to the other notice obligations, all copies of the Covered Code
in Executable and Source Code form distributed must, as a form of attribution of the
original author, include on each user interface screen (i) the " WhizbangApplicationCompany
Community" logo, (ii) the vendor disclaimer “Supplied free of charge with no support,
no certification, no maintenance, no warranty and no indemnity by WhizbangApplicationCompany
Software, Inc or its certified partners. Click here for support. And certified Versions”
and (iii) the copyright notice in the same form as the latest version of the Covered
Code distributed by WhizbangApplicationCompany Software, Inc. at the time of distribution
of such copy. In addition, the "WhizbangApplicationCompany Community" logo and vendor
disclaimer must be visible to all users and be located at the very bottom left of each
user interface screen. Notwithstanding the above, the dimensions of the " WhizbangApplicationCompany
Community " logo must be at least 176 x 26 pixels. When users click on the " WhizbangApplicationCompany
Community " logo it must direct them back to http://www.WhizbangApplicationCompany.com.
When users click on the vendor disclaimer it must direct them to http://www.WhizbangApplicationCompany.com
 In addition, the copyright notice must remain visible to all users at all times at
the bottom of the user interface screen. When users click on the copyright notice, it
must direct them back to http://www.WhizbangApplicationCompany.com.  

--- END LICENSE ---