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1BSD Protection License
2February 2002
3
4Preamble
5--------
6
7The Berkeley Software Distribution ("BSD") license has proven very effective
8over the years at allowing for a wide spread of work throughout both
9commercial and non-commercial products.  For programmers whose primary
10intention is to improve the general quality of available software, it is
11arguable that there is no better license than the BSD license, as it
12permits improvements to be used wherever they will help, without idealogical
13or metallic constraint.
14
15This is of particular value to those who produce reference implementations
16of proposed standards: The case of TCP/IP clearly illustrates that freely
17and universally available implementations leads the rapid acceptance of
18standards -- often even being used instead of a de jure standard (eg, OSI
19network models).
20
21With the rapid proliferation of software licensed under the GNU General
22Public License, however, the continued success of this role is called into
23question.  Given that the inclusion of a few lines of "GPL-tainted" work
24into a larger body of work will result in restricted distribution -- and
25given that further work will likely build upon the "tainted" portions,
26making them difficult to remove at a future date -- there are inevitable
27circumstances where authors would, in order to protect their goal of
28providing for the widespread usage of their work, wish to guard against
29such "GPL-taint".
30
31In addition, one can imagine that companies which operate by producing and
32selling (possibly closed-source) code would wish to protect themselves
33against the rise of a GPL-licensed competitor.  While under existing
34licenses this would mean not releasing their code under any form of open
35license, if a license existed under which they could incorporate any
36improvements back into their own (commercial) products then they might be
37far more willing to provide for non-closed distribution.
38
39For the above reasons, we put forth this "BSD Protection License": A
40license designed to retain the freedom granted by the BSD license to use
41licensed works in a wide variety of settings, both non-commercial and
42commercial, while protecting the work from having future contributors
43restrict that freedom.
44
45The precise terms and conditions for copying, distribution, and
46modification follow.
47
48BSD PROTECTION LICENSE
49TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION, AND MODIFICATION
50----------------------------------------------------------------
51
520. Definitions.
53   a) "Program", below, refers to any program or work distributed under
54      the terms of this license.
55   b) A "work based on the Program", below, refers to either the Program
56      or any derivative work under copyright law.
57   c) "Modification", below, refers to the act of creating derivative works.
58   d) "You", below, refers to each licensee.
59
601. Scope.
61   This license governs the copying, distribution, and modification of the
62   Program.  Other activities are outside the scope of this license; The
63   act of running the Program is not restricted, and the output from the
64   Program is covered only if its contents constitute a work based on the
65   Program.
66
672. Verbatim copies.
68   You may copy and distribute verbatim copies of the Program as you
69   receive it, in any medium, provided that you conspicuously and
70   appropriately publish on each copy an appropriate copyright notice; keep
71   intact all the notices that refer to this License and to the absence of
72   any warranty; and give any other recipients of the Program a copy of this
73   License along with the Program.
74
753. Modification and redistribution under closed license.
76   You may modify your copy or copies of the Program, and distribute
77   the resulting derivative works, provided that you meet the
78   following conditions:
79   a) The copyright notice and disclaimer on the Program must be reproduced
80      and included in the source code, documentation, and/or other materials
81      provided in a manner in which such notices are normally distributed.
82   b) The derivative work must be clearly identified as such, in order that
83      it may not be confused with the original work.
84   c) The license under which the derivative work is distributed must
85      expressly prohibit the distribution of further derivative works.
86
874. Modification and redistribution under open license.
88   You may modify your copy or copies of the Program, and distribute
89   the resulting derivative works, provided that you meet the
90   following conditions:
91   a) The copyright notice and disclaimer on the Program must be reproduced
92      and included in the source code, documentation, and/or other materials
93      provided in a manner in which such notices are normally distributed.
94   b) You must clearly indicate the nature and date of any changes made
95      to the Program.  The full details need not necessarily be included in
96      the individual modified files, provided that each modified file is
97      clearly marked as such and instructions are included on where the
98      full details of the modifications may be found.
99   c) You must cause any work that you distribute or publish, that in whole
100      or in part contains or is derived from the Program or any part
101      thereof, to be licensed as a whole at no charge to all third
102      parties under the terms of this License.
103
1045. Implied acceptance.
105   You may not copy or distribute the Program or any derivative works except
106   as expressly provided under this license.  Consequently, any such action
107   will be taken as implied acceptance of the terms of this license.
108
1096. NO WARRANTY.
110   THIS SOFTWARE IS PROVIDED "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES,
111   INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY
112   AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.  IN NO EVENT SHALL
113   THE COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR
114   REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE FOR ANY DIRECT,
115   INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
116   ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING, BUT
117   NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF
118   USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND
119   ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR
120   TORT, EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE
121   POSSIBILITY OF SUCH DAMAGES.
122