Difference between revisions of "License:UnivUtahRFPL"
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The University of Utah Public License is a nonfree license because it | The University of Utah Public License is a nonfree license because it | ||
does not allow commercial redistribution. It also purports to restrict | does not allow commercial redistribution. It also purports to restrict | ||
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The earlier you raise the issue, the better. | The earlier you raise the issue, the better. | ||
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UNIVERSITY OF UTAH RESEARCH FOUNDATION PUBLIC LICENSE | UNIVERSITY OF UTAH RESEARCH FOUNDATION PUBLIC LICENSE | ||
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of Utah. All Rights Reserved. | of Utah. All Rights Reserved. | ||
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}} | }} | ||
Latest revision as of 15:44, 15 June 2018
| Name | University of Utah Research Foundation Public License |
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| Comment | The University of Utah Public License is a nonfree license because it
does not allow commercial redistribution. It also purports to restrict commercially running the software and even commercially giving consultation about it. Those restrictions are probably not legally enforceable under US copyright law, but they might be in some countries; even asserting them is outrageous. The use of this license by the University of Utah exemplifies a dangerous trend for universities to restrict knowledge rather than contributing it to the public. <http://www.colorado.edu/Sociology/gimenez/papers/keptu.html> If a university tries to impose a license like this on the software you are writing, don't give up hope. With persistence and firmness, and some forethought, it is possible to prevail over money-grabbing university administrators. <http://www.gnu.org/philosophy/university.html> The earlier you raise the issue, the better. |
License text
UNIVERSITY OF UTAH RESEARCH FOUNDATION PUBLIC LICENSE
1. Definitions
1.1 "Commercial Use" means covered code utilized by USER to generate a
revenue stream, including but not limited to, embedding the source
code in USER's proprietary software, executable software, or
consulting utilizing the source code.
1.2 "Contributor" means each entity that creates or contributes to the
creation of Modifications.
1.3 "Covered Code" means the Original Source Code, Modifications, or
the combination of the Original Source Code and Modifications, in
each case including portions thereof. The Original Source Code,
developed by the University of Utah, hereinafter referred to as
UNIVERSITY is described in the Source Code notice required by
Exhibit A.
1.4 "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 a list of source
code differential comparisons against either the Original Source
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.
1.5 "Electronic Distribution Mechanism" means a mechanism generally
accepted in the software development community for the electronic
transfer of data.
1.6 "Larger Work" means a work, which combines Covered Code or
portions thereof with code not governed by the terms of this
License.
1.7 "License" means this document.
1.8 "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 rights conveyed herein.
1.9 "Modifications" means any addition to or deletion from the
substance or structure of either the Original Source 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 "USER" (or "YOU") means an individual or a legal entity
exercising rights under, and complying with all of the terms of this
License. For legal entities, USER 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.
2. Source Code License.
2.1 The Initial Developer Grant The UNIVERSITY hereby grants USER a
world-wide, royalty-free, non-exclusive license, subject to third
party intellectual property claims:
(a) to use, reproduce, modify, display, and perform, the Covered
Code (or portions thereof) with or without Modifications, or as part
of a Larger Work.; and
(b) under patents now or hereafter owned or controlled by
UNIVERSITY, to make, have made, and use ("Utilize") the Covered
Code(or portions thereof), but solely to the extent that any such
patent is reasonably necessary to enable USER to Utilize the Covered
Code (or portions thereof) and not to any greater extent that may be
necessary to Utilize further Modifications or combinations.
(c) the licenses granted in this Section 2.1(a) and (b) are
effective on the date the USER first receives Covered Code.
(d) No License is granted by UNIVERSITY for the Commercial Use of
Covered Code under this License.
(e) No License is granted by UNIVERSITY for the distribution of
Covered Code under this License.
2.2. Contributor Grant. Each Contributor hereby grants UNIVERSITY a
world-wide, royalty-free, non-exclusive license, subject to third
party intellectual property claims:
(a) 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; and
(b) under patents now or hereafter owned or controlled by
Contributor, to Utilize the Covered Code (or portions thereof), but
solely to the extent that any such patent is reasonably necessary to
enable USER to Utilize the Contributor Version (or portions
thereof), and not to any greater extent that may be necessary to
Utilize further Modifications or combinations.
(c) the licenses granted in this Section 2.2(a) and (b) are
effective on the date the UNIVERSITY first receives the Covered Code
3. Contributor Obligations
3.1. Intellectual Property Matters
(a) Third Party Claims. If USER has knowledge that a party claims an
intellectual property right in particular functionality or code (or
its utilization under this License), USER must include a text file
with the source code provided to UNIVERSITY titled "LEGAL" which
describes the claim and the party making the claim in sufficient
detail that UNIVERSITY will know whom to contact. If USER obtains
such knowledge after USER makes the Modification available to
UNIVERSITY, USER shall promptly modify the LEGAL file in all copies
USER makes available thereafter and shall notify UNIVERSITY that new
knowledge has been obtained.
(b) Contributor APIs. If Your Modification is an application
programming interface and USER owns or controls patents, which are
reasonably necessary to implement that API, you must also include
this information in the LEGAL file.
3.2. Required Notices. USER must duplicate the notice in Exhibit A in
each file of the Source Code, and this License in any documentation
for the Source Code, where USER describes recipients' rights
relating to Covered Code. If USER created one or more
Modification(s), USER may add 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 USER 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.
3.3. Distribution of Executable Versions. - This license does not
allow distribution of the Covered Code by USER or Contributor.
3.4. Larger Works. USER may create a Larger Work by combining Covered
Code with other code not governed by the terms of this License. In
such a case, USER must make sure the requirements of this License
are fulfilled for the Covered Code including 2.1d and 2.1e.
4. Inability to Comply Due to Statute or Regulation.
If it is impossible for USER to comply with any of the terms of this
License with respect to some or all of the Covered Code due to
statute or regulation then USER 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
3.1 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 Covered Code attached to the notice in Exhibit A.
6. 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 USER. SHOULD ANY COVERED CODE PROVE
DEFECTIVE IN ANY RESPECT, YOU (NOT THE UNIVERSITY 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.
7. TERMINATION.
This License and the rights granted hereunder will terminate
automatically if USER fails to comply with terms herein. 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. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE
UNIVERSITY, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED
CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO USER OR
ANY OTHER 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 THAT EXCLUSION
AND LIMITATION MAY NOT APPLY TO USER.
9. 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.
10. MISCELLANEOUS.
This License represents the complete agreement concerning subject
matter hereof. Nothing in this AGREEMENT shall be construed as
conferring by implication, estoppel or otherwise any license or
rights other than those granted in this License. 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 Utah law provisions (except to the
extent applicable law, if any, provides otherwise). 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.
EXHIBIT A.
The contents of this file are subject to the University of Utah Public
License (the "License"); you may not use this file except in
compliance with the License.
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 Source Code is "teem", released March 23, 2001.
The Original Source Code was developed by the University of Utah.
Portions created by UNIVERSITY are Copyright (C) 2001, 1998 University
of Utah. All Rights Reserved.
Permission is granted to copy, distribute and/or modify this document under the terms of the GNU Free Documentation License, Version 1.3 or any later version published by the Free Software Foundation; with no Invariant Sections, no Front-Cover Texts, and no Back-Cover Texts. A copy of the license is included in the page “GNU Free Documentation License”.
The copyright and license notices on this page only apply to the text on this page. Any software or copyright-licenses or other similar notices described in this text has its own copyright notice and license, which can usually be found in the distribution or license text itself.