Open Public License

 

1. Purpose

This Open Public License (OPL) is granted for the purpose of maintaining the

key benefits of open source and free software licenses (e.g., free access to

valuable libraries and applications, guaranteed access to source code,

community development efforts, and widespread attribution to the creator of

the software which may give rise to opportunities for ancillary services or

additional programming), while retaining the possibility to restrict

distribution under specific circumstances.

 

2. Application of the OPL

The OPL applies to any computer program or computer code (the "Program") that

contains a notice stating that it may be distributed under the terms hereof.

Any recipient of such a Program (the "Licensee") is granted the rights set

out herein, subject to the terms of this license.

 

3. Distributing Verbatim Copies

Licensee may copy and distribute verbatim copies of the Program as it was

received. Copies may be distributed in any medium, but must include the

following:

 

  a. All copyright notices contained in the Program; and

 

  b. A conspicuous statement that the source code of the Program is freely

     available, subject to the OPL, including a reference to the location

     where the Program is available electronically; and

 

  c. A copy of any contact information regarding the copyright holder that is

     included in the Program, including information regarding the availability

     of additional services; and

 

  d. A copy of the OPL; and

 

  e. All source code, if binaries are distributed; and

 

  f. A conspicuous disclaimer of warranty in the words set out in this license

     or referring to this license, making clear that the Program is distributed

     without any warranty of any kind; and

 

  g. A conspicuous statement that any sale, licensing, or distribution of the

     Program, or any part thereof, in violation of the OPL will subject the

     seller, licensor, or distributor to liability for damages as provided in

     the OPL.

 

4. Modifying the Program; Internal Use

Licensee is free to make any modifications to the Program and/or create

derivative works for its own internal use without any obligation to make the

Program, with or without such modifications, publicly available. The

modifications or derivative work may be created by Licensee or its employees

or by a third party contractor ("Contractor").  As used in this license, a

"Modified Program" is a computer program or computer code that contains the

Program or any portion of it, either verbatim or with modifications, or a

derivative work based in whole or in part upon the Program.  Without limiting

the generality of the foregoing sentence, any translation into another

language is included within the definition of "Modified Program."

 

5. Licensing by Third Party Contractors. 

If Licensee hires a Contractor to create a Modified Program for the Licensee's

internal use, the Contractor shall only have access to the Program subject to

the terms and limitations set out in this license and any additional terms and

limitations specified by the contracting Licensee.  If the Contractor provides

any substantial portion of the Modified Program to any person or entity other

than Licensee, the Contractor shall itself be deemed a Licensee and a

distributor of the Modified Program.  Such a person shall be required to

comply with Paragraph 6 or Paragraph 7 below.

 

6. Distributing a Modified Program under the OPL

Licensee or a person authorized by Licensee may provide one or more copies of

a Modified Program to another person or entity under the OPL only if all of

the following conditions are met:

 

  a. All provisions of the OPL shall apply to the Modified Program, including

     but not limited to the conditions for distribution of the original

     Program that are set out in Paragraph 3; and

 

  b. Each copy of the Modified Program must include prominent notices

     identifying changes in the Program, the creator's identity and contact

     information, and the date of the changes; and

 

  c. A copy of the Modified Program or a notice containing a brief description

     and download location must be sent to all prior copyright holders

     identified in the Program; and

 

  d. Licensee must make the Modified Program, along with all source code,

     freely and publicly available.

 

Nothing in this Paragraph is intended to restrict Licensee's right to receive

payment for the Modified Program or for other products, services, or extended

warranties relating to the Modified Program, or the Licensee's right to

include additional terms in its arrangements with its customers or clients

that are not inconsistent with the OPL.

 

7. Distributing Modified Program under Terms Other than the OPL

Licensee or a person authorized by Licensee may provide one or more copies of

a Modified Program to another person or entity on terms other than the OPL

only if all of the following conditions are met:

 

  a. Licensee must negotiate a separate license with the holder(s) of the

     copyright(s) in the Program on such terms as the copyright holder(s) may

     agree, with the terms of the license being in all respects consistent

     with this Paragraph; and

 

  b. All source code of the Modified Program must be provided to each and

     every authorized recipient of the Modified Program, including but not

     limited to any person or entity who rightfully receives a copy of the

     Modified Program from a person other than the Licensee; and

    

  c. Each and every authorized recipient of the Modified Program (including

     but not limited to any person or entity who rightfully receives a copy of

     the Modified Program from a person other than the Licensee) must be

     granted the unlimited right to copy and use the Modified Program for its

     own purposes and to alter or modify the Modified Program without

     limitation; and

 

  d. Licensee must make a determination in good faith that it is not

     economically feasible or appropriate to make the Modified Program freely

     available under the OPL.  Neither Licensee nor any other person or entity

     may provide the Modified Program to any other person or entity for any

     purpose, except pursuant to the provisions of the OPL or as provided in

     this Paragraph.

 

8. Retained Rights of Copyright Holder

This license does not restrict the rights of the Program's copyright holder

to create derivative works of the Program or to incorporate the Program or any

part thereof into a Modified Program and to sell, license, or distribute the

Modified Program on any terms it deems desirable.

 

9. Damages for Breaching this OPL

The copyright holder of the Program has determined that it is in his, her, or

its best interest to make the Program (and Modified Programs) freely available

on the terms and conditions set out herein.  The Licensee understands and

agrees that that any sale, licensing, or distribution of the Program in breach

of this license would damage the copyright holder but that such damages would

be difficult, if not impossible to calculate.  Accordingly, if Licensee

distributes or provides to any other person or entity the Program or any

Modified Program in violation of this license, the copyright holder shall be

entitled to a court order requiring specific performance of the terms of this

license plus damages equal to one half of the Licensee's net revenues (gross

revenues minus variable costs directly attributable to the production and

distribution of the products on which revenues are received) from the sale,

licensing or distribution of the Program, any Modified Program, and any

ancillary products, and one half of gross revenues received by the Licensee

for any ancillary services.

 

10. No Warranty

BECAUSE THIS PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY TO THE

EXTENT PERMITTED BY APPLICABLE LAWS. EXCEPT WHEN OTHERWISE STATED IN WRITING

THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS-IS"

WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT

LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A

PARTICULAR PURPOSE. IN NO EVENT, UNLESS REQUIRED BY APPLICABLE LAW OR AGREED

TO IN WRITING, WILL ANY COPYRIGHT HOLDER OR ANY OTHER PARTY WHO MAY MODIFY

AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE FOR DAMAGES,

INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING

OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO

LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSS SUSTAINED BY LICENSEE

OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER

PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE

POSSIBILITY OF SUCH DAMAGES.

 

 

To apply the Open Public License to your new program, do the following:

 

1. Assure that all requirements listed in the license agreement are met.

2. Attach the following notices to your program (it is generally best to

attach them to the start of each source file; at a minimum, include a

copyright notice and a pointer to where the full notice is found).

 

<One line to give the program's name and an overview of what it does.>

Copyright (C) <year> <name of author and contact information (electronic and

regular mail)> <Date of most recent modifications>

 

This program is free software. You can redistribute it and/or modify it under

the terms of the Open Public License as published by PIC Development Group and

the Open Solutions Group.

 

The program is distributed with the hope that it will be useful and

beneficial, but WITHOUT ANY WARRANTY, without even the implied warranty of

MERCAHANTABILLITY or FITNESS FOR A PARTICULAR PURPOSE. See the license

agreement for further details.

 

You should have received a copy of the Open Public License along with this

program. If you did not, please visit www.open-solutions.org to obtain a copy.