📄 license_novell_fsla_1.0.txt
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Novell Free Source Agreement
Version 1.0
1. Purpose. The purpose of this Agreement is to facilitate the maintenance
and support of Covered Code by authorizing licensees under this
Agreement to contribute Original Code, create Modifications, and to
reproduce and distribute the foregoing.
2. Definitions.
1. "Agreement" means this document.
2. "Contributor" means each entity that creates or contributes to the
creation of Modifications.
3. "Contributor Version" means the combination of the Original
Code, prior Modifications used by a Contributor, and the
Modifications made by that particular Contributor.
4. "Covered Code" means the Original Code or Modifications or the
combination of the Original Code and Modifications, in each case
including portions thereof.
5. "Derivative Work" means a work that is based on one or more
preexisting works (such as a revision, enhancement, modification,
translation, abridgement, condensation, expansion, or any other
form in which such preexisting work may be recast, transformed,
or adapted) and that, if prepared without authorization of the
copyright owner of such preexisting work, would constitute
copyright infringement under US law.
6. "Electronic Distribution Mechanism" means a mechanism
generally accepted in the software development community for the
electronic transfer of data.
7. "Executable" means Covered Code in any form other than Source
Code.
8. "Initial Developer" means the individual or entity identified as the
Initial Developer in the Source Code notice required by Exhibit A.
9. "Larger Work" means a work which combines Covered Code or
portions thereof with code not governed by the terms of this
Agreement.
10. "Modifications" means Derivative Works of: 1) Original Code or
any previous Modifications; 2) the contents of a file containing
Original Code or previous Modifications; and/or 3) any new file
that contains any part of the Original Code or previous
Modifications.
11. "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
Agreement is not already Covered Code governed by this
Agreement.
12. "Source Code" means any form of code useful for making
modifications to that code, including all modules it contains, plus
any associated interface definition files, scripts used to control
compilation and installation of an Executable, or a list of source
code differential comparisons against either the code or other
available code. 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.
13. "Year 2000 Compliancy" or "Year 2000 Compliant" means that (i)
a product will accurately process, address, store, and calculate date
data from, into, and beyond the years 1999, 2000 and 2001,
including leap year calculations, and (ii) all of the product's date-
related functionality and data fields identify century and
millennium, except that a date element may be represented without
a century and millennium if the correct century is unambiguous for
all manipulations involving that element.
14. "You" means an individual or a legal entity exercising rights under
this Agreement or a future version of this Agreement issued under
Section 8.a. 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 fifty
percent (50%) or more of the outstanding shares or beneficial
ownership of such entity.
3. Consideration. The rights granted to You under this Agreement are in
consideration of Your acceptance of and compliance with the terms and
conditions of this Agreement.
4. Source Code License.
1. The Initial Developer Grant. The Initial Developer hereby grants
You a world-wide, royalty-free, non-exclusive license to use,
reproduce, modify, display, perform, sublicense and distribute the
Original Code (or portions thereof) with or without Modifications,
or as part of a Larger Work, solely for the purpose of maintaining
and supporting the Covered Code.
2. Contributor Grant. Each Contributor hereby grants You a
world-wide, royalty-free, non-exclusive license 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 or as part of a Larger Work, solely for the purpose
of maintaining and supporting the Covered Code.
3. APIs. To any extent that Covered Code contains application
programming interface(s) (APIs), the licenses granted in this
Section include all rights necessary to implement such APIs for the
purpose of maintaining and supporting the Covered Code.
5. Distribution Obligations.
1. Application of Agreement. The Modifications which You create or
to which You contribute are governed by the terms of this
Agreement, including without limitation Section 4. The Source
Code version of Covered Code may be distributed only under the
terms of this Agreement or a future version of this Agreement
released under Section 8, and You must include a copy of this
Agreement 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
Agreement or the recipients' rights hereunder. However, You may
include an additional document offering the additional rights
described in Section 5.d.
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 Agreement 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.
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.
4. Required Notices. You must duplicate the notice in Exhibit A in
each file of the Source Code, and this Agreement in any
documentation for the Source Code, where You describe recipients'
rights relating to Covered Code. If You created one or more
Modification(s), You may add your name as a Contributor to the
notice described in Exhibit A. 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 file)
where a user would be likely to look for such a notice. 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.
5. Distribution of Executable Versions. You may distribute Covered
Code in Executable form only if the requirements of this
Agreement (including in particular Section 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 Agreement, including a description of how and where
You have fulfilled the obligations of Section 5.b. 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. This notice must
also contain a statement that: 1) You are the sole source of
technical support for Covered Code distributed by You; or, 2) that
technical support is not available for Covered Code distributed by
You. You may distribute the Executable version of Covered Code
under a license of Your choice, which may contain terms different
from this Agreement, provided that You are in compliance with the
terms of this Agreement 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 Agreement. If
You distribute the Executable version under a different license You
must make it absolutely clear that any terms which differ from this
Agreement 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.
6. Presentation of License Terms. When distributing Covered Code,
You shall make the Covered Code available in such a manner that:
1) each recipient has a prior opportunity to review the terms of the
license under which You distribute the Covered Code and assents
to those terms prior to receiving Covered Code; or, 2) if Your
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