Dear fellow developers, I would like to package X13-ARIMA-SEATS¹, which is software developed at the U.S. Department of Commerce. As such, it is not copyrighted in the U.S., and rights to use, redistribute and modify are explicitly granted outside the U.S.
However, the last clause of the licence says that the “user agrees to make a good faith effort to use the Software in a way that does not cause damage, harm, or embarrassment to the United States/Commerce.” This may be seen as a restriction on use (and therefore contrary to DFSG§6), though it is unclear to me whether this is a significant- enough restriction to make it non-free, and whether it is really enforceable. Do you think that this license is DFSG-compatible? Thanks in advance for your insights, ¹ https://www.census.gov/srd/www/x13as/ P.S.: below is full copy of the license: This Software was created by U.S. Government employees and therefore is not subject to copyright in the United States (17 U.S.C. §105). The United States/U.S. Department of Commerce (“Commerce”) reserve all rights to seek and obtain copyright protection in countries other than the United States. The United States/Commerce hereby grant to User a royalty-free, nonexclusive license to use, copy, and create derivative works of the Software outside of the United States. The Software is provided to the User and those who may take by, through or under it, “as is,” without any warranty (whether express or implied) or representation whatsoever, including but not limited to any warranty of merchantability. The Software is taken hereunder without any right to support or to any improvements, extensions, or modifications, except as may be agreed to separately, in writing, by Commerce. User, on behalf of itself and all others who take by, through or under it, hereby and forever waives, releases, and discharges the United States/Commerce and all its instrumentalities from any and all liabilities and obligations in connection with the use, application, sale or conveyance of the Software. User shall indemnify and hold harmless the United States/Commerce and its instrumentalities from all claims, liabilities, demands, damages, expenses, and losses arising from or in connection with User's use, application, sale or conveyance of the Software, including those who take by, through or under User whether or not User was directly involved. This provision will survive termination of this Agreement and will include any and all claims or liabilities arising under intellectual property rights, such as patents, copyrights, trademarks, and trade secrets. If User of software is an Executive Agency of the United States, this clause is not applicable. The construction, validity, performance, and effect of this Agreement for all purposes will be governed by Federal law of the United States. User agrees to make a good faith effort to use the Software in a way that does not cause damage, harm, or embarrassment to the United States/Commerce. The United States/Commerce expressly reserve all rights and remedies. -- ⢀⣴⠾⠻⢶⣦⠀ Sébastien Villemot ⣾⠁⢠⠒⠀⣿⡁ Debian Developer ⢿⡄⠘⠷⠚⠋⠀ http://sebastien.villemot.name ⠈⠳⣄⠀⠀⠀⠀ http://www.debian.org
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