Greetings, I responded to an RFP[0] for packaging magic-smtpd[1], and need some help on the legal side. I see 3 issues here:
1. The license[2], also included below, has not been reviewed by the OSI, and is not used in any existing Debian package. The company itself considers it "open source", but I feel I am not qualified to make a determination. 2. The software is designed to replace certain components of qmail, which is wholly non-free. Even if the license is clean, does this make the software part of the non-free archive as well? I guess theoretically you could write Free software that would interface with magic-smtpd... 3. More of a technical packaging question, but as long as I'm here... Since magic-smtpd basically requires qmail, and qmail technically doesn't exist within Debian (you get the qmail-src package and run build-qmail to build your own local qmail .deb), will having a Depends: qmail (but it doesn't Build-Depends: qmail) be a problem to the Debian package system? Would I have to Recommends: qmail instead? Thank you for your time, Ryan Finnie [0] http://bugs.debian.org/cgi-bin/bugreport.cgi?bug=296037 [1] http://www.linuxmagic.com/opensource/magicmail/magic-smtpd/ [2] http://www.linuxmagic.com/opensource/licensing/FSCL.txt -- Our Free Source Code License Version 1.0 - April 17, 2001 NOTE! Many of LinuxMagic's Software's are released under the GPL, or Proprietary Licence, instead of this license (FSCL), so please read the specific CopyRight Notice in each Software Package. General Note: This License is in use to ensure that LinuxMagic Inc. or Wizard Tower TechnoServices Ltd., the Copyright holder(s), maintain some level of control over the modifications of the source code, and it's use. In general, this copyright notice is used to ensure that distribution is free, and the source code is made available to it's users. For questions on our Licensing Policies, contact [EMAIL PROTECTED] or [EMAIL PROTECTED] Parts of this License created based on the Apple Public Software License. -------------------------------------------------------------------------------------------------------- Please read this License carefully before downloading or using this software. By downloading or using this software, you are agreeing to be bound by the terms of this License. If you do not or cannot agree to the terms of this License, please do not download or use the software. 1. General; Definitions. This License applies to any program or other work which LinuxMagic Inc. or Wizard Tower TechnoServices Ltd. ("THE WIZARDS") make publicly available and which contain a notice placed by "THE WIZARDS" identifying such program or work as "Original Code" and stating that it is subject to the terms of this Free Source Code License version 1.0 (or subsequent version thereof) ("License"). As used in this License: 1.1 "Applicable Patent Rights" mean: (a) in the case where THE WIZARDS are the grantor of rights, (i) claims of patents that are now or hereafter acquired, owned by or assigned to THE WIZARDS and (ii) that cover subject matter contained in the Original Code, but only to the extent necessary to use, reproduce and/or distribute the Original Code without infringement; and (b) in the case where You are the grantor of rights, (i) claims of patents that are now or hereafter acquired, owned by or assigned to You and (ii) that cover subject matter in Your Modifications, taken alone or in combination with Original Code. 1.2 "Contributor" means any person or entity that creates or contributes to the creation of Modifications. 1.3 "Covered Code" means the Original Code, Modifications, the combination of Original Code and any Modifications, and/or any respective portions thereof. 1.4 "Deploy" means to use, sublicense or distribute Covered Code other than for Your internal research and development (R&D) and/or Personal Use, and includes without limitation, any and all internal use or distribution of Covered Code within Your business or organization except for R&D use and/or Personal Use, as well as direct or indirect sublicensing or distribution of Covered Code by You to any third party in any form or manner. 1.5 "Larger Work" means a work which combines Covered Code or portions thereof with code not governed by the terms of this License. 1.6 "Modifications" mean any addition to, deletion from, and/or change to, the substance and/or structure of the Original Code, any previous Modifications, the combination of Original Code and any previous Modifications, and/or any respective portions thereof. When code is released as a series of files, a Modification is: (a) any addition to or deletion from the contents of a file containing Covered Code; and/or (b) any new file or other representation of computer program statements that contains any part of Covered Code. 1.7 "Original Code" means (a) the Source Code of a program or other work as originally made available by THE WIZARDS under this License, including the Source Code of any updates or upgrades to such programs or works made available by THE WIZARDS under this License, and that has been expressly identified by THE WIZARDS as such in the header file(s) of such work; and (b) the object code compiled from such Source Code and originally made available by THE WIZARDS under this License. 1.8 "Personal Use" means use of Covered Code by an individual solely for his or her personal, private and non-commercial purposes. An individual's use of Covered Code in his or her capacity as an officer, employee, member, independent contractor or agent of a corporation, business or organization (commercial or non-commercial) does not qualify as Personal Use. 1.9 "Source Code" means the human readable form of a program or other work that is suitable 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 (object code). 1.10 "You" or "Your" means an individual or a legal entity exercising rights under this License. For legal entities, "You" or "Your" includes any entity which controls, is controlled by, or is under common control with, You, where "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. Permitted Uses; Conditions & Restrictions. Subject to the terms and conditions of this License, THE WIZARDS hereby grant You, effective on the date You accept this License and download the Original Code, a world-wide, royalty-free, non-exclusive license, to the extent of THE WIZARDS's Applicable Patent Rights and copyrights covering the Original Code, to do the following: 2.1 You may use, reproduce, display, perform, modify and distribute Original Code, with or without Modifications, solely for Your internal research and development and/or Personal Use, provided that in each instance: (a) You must retain and reproduce in all copies of Original Code the copyright and other proprietary notices and disclaimers of THE WIZARDS as they appear in the Original Code, and keep intact all notices in the Original Code that refer to this License; and (b) You must include a copy of this License with every copy of Source Code of Covered Code and documentation You distribute, and You may not offer or impose any terms on such Source Code that alter or restrict this License or the recipients' rights hereunder, except as permitted under Section 6. 2.2 You may use, reproduce, display, perform, modify and Deploy Covered Code, provided that in each instance: (a) You must satisfy all the conditions of Section 2.1 with respect to the Source Code of the Covered Code; (b) You must duplicate, to the extent it does not already exist, the notice in Exhibit A in each file of the Source Code of all Your Modifications, and cause the modified files to carry prominent notices stating that You changed the files and the date of any change; (c) You must make Source Code of all Your Deployed Modifications publicly available under the terms of this License, including the license grants set forth in Section 3 below, for as long as you Deploy the Covered Code or twelve (12) months from the date of initial Deployment, whichever is longer. You should preferably distribute the Source Code of Your Deployed Modifications electronically (e.g. download from a web site); and (d) if You Deploy Covered Code in object code, executable form only, You must include a prominent notice, in the code itself as well as in related documentation, stating that Source Code of the Covered Code is available under the terms of this License with information on how and where to obtain such Source Code. 2.3 You expressly acknowledge and agree that although THE WIZARDS and each Contributor grants the licenses to their respective portions of the Covered Code set forth herein, no assurances are provided by THE WIZARDS or any Contributor that the Covered Code does not infringe the patent or other intellectual property rights of any other entity. THE WIZARDS and each Contributor disclaim any liability to You for claims brought by any other entity based on infringement of intellectual property rights or otherwise. As a condition to exercising the rights and licenses granted hereunder, You hereby assume sole responsibility to secure any other intellectual property rights needed, if any. For example, if a third party patent license is required to allow You to distribute the Covered Code, it is Your responsibility to acquire that license before distributing the Covered Code. 3. Your Grants. In consideration of, and as a condition to, the licenses granted to You under this License: (a) You hereby grant to THE WIZARDS and all third parties a non-exclusive, royalty-free license, under Your Applicable Patent Rights and other intellectual property rights (other than patent) owned or controlled by You, to use, reproduce, display, perform, modify, distribute and Deploy Your Modifications of the same scope and extent as THE WIZARDS's licenses under Sections 2.1 and 2.2; and (b) You hereby grant to THE WIZARDS and its subsidiaries a non-exclusive, worldwide, royalty-free, perpetual and irrevocable license, under Your Applicable Patent Rights and other intellectual property rights (other than patent) owned or controlled by You, to use, reproduce, display, perform, modify or have modified (for THE WIZARDS and/or its subsidiaries), sublicense and distribute Your Modifications, in any form, through multiple tiers of distribution. 4. 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 each such instance, You must make sure the requirements of this License are fulfilled for the Covered Code or any portion thereof. 5. Limitations on Patent License. Except as expressly stated in Section 2, no other patent rights, express or implied, are granted by THE WIZARDS herein. Modifications and/or Larger Works may require additional patent licenses from THE WIZARDS which THE WIZARDS may grant in its sole discretion. 6. Additional Terms. You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations and/or other rights consistent with the scope of the license granted herein ("Additional Terms") to one or more recipients of Covered Code. However, You may do so only on Your own behalf and as Your sole responsibility, and not on behalf of THE WIZARDS or any Contributor. You must obtain the recipient's agreement that any such Additional Terms are offered by You alone, and You hereby agree to indemnify, defend and hold THE WIZARDS and every Contributor harmless for any liability incurred by or claims asserted against THE WIZARDS or such Contributor by reason of any such Additional Terms. 7. Versions of the License. THE WIZARDS may publish revised and/or new versions of this License from time to time. Each version will be given a distinguishing version number. Once Original Code has been published under a particular version of this License, You may continue to use it under the terms of that version. You may also choose to use such Original Code under the terms of any subsequent version of this License published by THE WIZARDS. No one other than THE WIZARDS has the right to modify the terms applicable to Covered Code created under this License. 8. NO WARRANTY OR SUPPORT. The Covered Code may contain in whole or in part pre-release, untested, or not fully tested works. The Covered Code may contain errors that could cause failures or loss of data, and may be incomplete or contain inaccuracies. You expressly acknowledge and agree that use of the Covered Code, or any portion thereof, is at Your sole and entire risk. THE COVERED CODE IS PROVIDED "AS IS" AND WITHOUT WARRANTY, UPGRADES OR SUPPORT OF ANY KIND AND "THE WIZARDS" AND "THE WIZARD"'S LICENSOR(S) (COLLECTIVELY REFERRED TO AS "THE WIZARDS" FOR THE PURPOSES OF SECTIONS 8 AND 9) AND ALL CONTRIBUTORS EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. THE WIZARDS AND EACH CONTRIBUTOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE COVERED CODE, THAT THE FUNCTIONS CONTAINED IN THE COVERED CODE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE COVERED CODE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE COVERED CODE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY "THE WIZARDS", AN "THE WIZARDS" AUTHORIZED REPRESENTATIVE OR ANY CONTRIBUTOR SHALL CREATE A WARRANTY. You acknowledge that the Covered Code is not intended for use in the operation of nuclear facilities, aircraft navigation, communication systems, or air traffic control machines in which case the failure of the Covered Code could lead to death, personal injury, or severe physical or environmental damage. 9. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL "THE WIZARDS" OR ANY CONTRIBUTOR BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE OR YOUR USE OR INABILITY TO USE THE COVERED CODE, OR ANY PORTION THEREOF, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY OR OTHERWISE, EVEN IF "THE WIZARDS" OR SUCH CONTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall "THE WIZARD"'s total liability to You for all damages (other than as may be required by applicable law) under this License exceed the amount of fifty dollars ($50.00). 10. Trademarks. This License does not grant any rights to use the trademarks or trade names "LinuxMagic", "Wizard IT Services", "Wizard Tower TechnoServices" or any other trademarks or trade names belonging to THE WIZARDS (collectively "Wizard Marks") or to any trademark or trade name belonging to any Contributor. No Wizard Marks may be used to endorse or promote products derived from the Original Code other than as permitted by and in strict compliance at all times with THE WIZARD's third party trademark usage guidelines which are available on demand via email request to [EMAIL PROTECTED] 11. Ownership. Subject to the licenses granted under this License, each Contributor retains all rights, title and interest in and to any Modifications made by such Contributor. THE WIZARDS retains all rights, title and interest in and to the Original Code and any Modifications made by or on behalf of THE WIZARDS ("Wizard Modifications"), and such Wizard Modifications will not be automatically subject to this License. THE WIZARDS may, at its sole discretion, choose to license such Wizard Modifications under this License, or on different terms from those contained in this License or may choose not to license them at all. 12. Termination. 12.1 Termination. This License and the rights granted hereunder will terminate: (a) automatically without notice from THE WIZARDS if You fail to comply with any term(s) of this License and fail to cure such breach within 30 days of becoming aware of such breach; (b) immediately in the event of the circumstances described in Section 13.5(b); or (c) automatically without notice from THE WIZARDS if You, at any time during the term of this License, commence an action for patent infringement against THE WIZARDS. 12.2 Effect of Termination. Upon termination, You agree to immediately stop any further use, reproduction, modification, sublicensing and distribution of the Covered Code and to destroy all copies of the Covered Code that are in your possession or control. All sublicenses to the Covered Code which have been properly granted prior to termination shall survive any termination of this License. Provisions which, by their nature, should remain in effect beyond the termination of this License shall survive, including but not limited to Sections 3, 5, 8, 9, 10, 11, 12.2 and 13. No party will be liable to any other for compensation, indemnity or damages of any sort solely as a result of terminating this License in accordance with its terms, and termination of this License will be without prejudice to any other right or remedy of any party. 13. Miscellaneous. 13.1 Government End Users. The Covered Code is a "commercial item" as defined in FAR 2.101. Government software and technical data rights in the Covered Code include only those rights customarily provided to the public as defined in this License. This customary commercial license in technical data and software is provided in accordance with FAR 12.211 (Technical Data) and 12.212 (Computer Software) and, for Department of Defense purchases, DFAR 252.227-7015 (Technical Data -- Commercial Items) and 227.7202-3 (Rights in Commercial Computer Software or Computer Software Documentation). Accordingly, all U.S. Government End Users acquire Covered Code with only those rights set forth herein. 13.2 Relationship of Parties. This License will not be construed as creating an agency, partnership, joint venture or any other form of legal association between or among You, THE WIZARDS or any Contributor, and You will not represent to the contrary, whether expressly, by implication, appearance or otherwise. 13.3 Independent Development. Nothing in this License will impair THE WIZARDS's right to acquire, license, develop, have others develop for it, market and/or distribute technology or products that perform the same or similar functions as, or otherwise compete with, Modifications, Larger Works, technology or products that You may develop, produce, market or distribute. 13.4 Waiver; Construction. Failure by THE WIZARDS or any Contributor to enforce any provision of this License will not be deemed a waiver of future enforcement of that or any other provision. Any law or regulation which provides that the language of a contract shall be construed against the drafter will not apply to this License. 13.5 Severability. (a) If for any reason a court of competent jurisdiction finds any provision of this License, or portion thereof, to be unenforceable, that provision of the License will be enforced to the maximum extent permissible so as to effect the economic benefits and intent of the parties, and the remainder of this License will continue in full force and effect. (b) Notwithstanding the foregoing, if applicable law prohibits or restricts You from fully and/or specifically complying with Sections 2 and/or 3 or prevents the enforceability of either of those Sections, this License will immediately terminate and You must immediately discontinue any use of the Covered Code and destroy all copies of it that are in your possession or control. 13.6 Dispute Resolution. Any litigation or other dispute resolution between You and THE WIZARDS relating to this License shall take place in the Province of British Columbia, and You and THE WIZARDS hereby consent to the personal jurisdiction of, and venue in, the state and federal courts within that Province with respect to this License. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. 13.7 Entire Agreement; Governing Law. This License constitutes the entire agreement between the parties with respect to the subject matter hereof. This License shall be governed by the laws of Canada and the Provncie of British Columbia, except that body of British Columbia law concerning conflicts of law. Where You are located in the province of Quebec, Canada, the following clause applies: The parties hereby confirm that they have requested that this License and all related documents be drafted in English. Les parties ont exigé que le présent contrat et tous les documents connexes soient rédigés en anglais. EXHIBIT A. "Portions Copyright (c) 2000-2001 LinuxMagic Inc. All Rights Reserved. "Portions Copyright (c) 2000-2001 Wizard Tower TechnoServices Ltd. All Rights Reserved. This file contains Original Code and/or Modifications of Original Code as defined in and that are subject to the Free Source Code License Version 1.0 (the 'License'). You may not use this file except in compliance with the License. Please obtain a copy of the License at http://www.linuxmagic.com/opensource/licensing/ and read it before using this file. The Original Code and all software distributed under the License are distributed on an 'AS IS' basis, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND "THE WIZARDS" HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. Please see the License for the specific language governing rights and limitations under the License." Please read the terms of this license carefully. By using or downloading this software or file, you are accepting and agreeing to the terms of this license with LinuxMagic, Inc. and/or Wizard Tower TechnoServices Ltd. If you are agreeing to this license on behalf of a company, you represent that you are authorized to bind the company to such a license. If you do not meet this criterion or you do not agree to any of the terms of this license, do NOT download, distribute, use or alter this software or file in any way.
