Free RewardRights License (FRRL)
Discussion Draft 5 of Version 1
14 February 2008
This is not a published version of the Free RewardRights License.
Copyright (C) 2007, 2008 Norbert Bollow
Weidlistrasse 18, CH-8624 Gruet, Switzerland, http://bollow.ch
This license contains text from version 3 of the GNU General Public
License copyright (C) 2007 Free Software Foundation, Inc. used with
their permission.
Everyone is permitted to copy and distribute verbatim copies of this
license document, but changing it is not allowed.
Preamble
Many information goods are made available only under restrictive
licenses which fail to grant users the essential rights to copy
and redistribute the works in original or modified form.
By contrast, for works which are licensed under this RewardRights
License, everyone who has received a copy, and who complies with
the terms of this license, has these rights.
This Free RewardRights License does not impose any requirements
on users and redistributers to make payments of any kind towards
monetary rewards for their work. It is a Free Software license.
However, if you modify an information good which is licensed under
the terms of this license, you may place your modified version
under a Non-Free RewardRights License which gives you rights to
receive monetary rewards from commercial users of your work under
certain conditions. These Non-Free RewardRights Licenses still ensure
that all users have the essential rights to copy and redistribute the
works in original or modified form, but since in specified situations
there are monetary obligations for commercial users, the Non-Free
RewardRights Licenses are not Free Software licenses.
The precise terms and conditions for copying, distribution and
modification follow.
TERMS AND CONDITIONS
0. Definitions
0.0 "Copyright" also means copyright-like laws that apply to other kinds
of works, such as semiconductor masks.
0.1 "The Work" refers to any copyrightable work licensed under this
License. Each licensee is addressed as "you." "Licensees" and
"recipients" may be individuals or organizations.
0.2 To "modify" a work means to copy from or adapt all or part of the work
in a fashion requiring copyright permission, other than the making of
an exact copy. The resulting work is called a "modified version" of
the earlier work or a work "based on" the earlier work.
0.3 A "covered work" means either the unmodified Work or a modified version.
0.4 To "propagate" a work means to do anything with it that, without
permission, would make you directly or secondarily liable for
infringement under applicable copyright law, except executing it on a
computer or making modifications that you do not share. Propagation
includes copying, distribution (with or without modification), making
available to the public, and in some countries other activities as
well.
0.5 To "convey" a work means any kind of propagation that enables
other parties to make or receive copies, excluding sublicensing. Mere
interaction with a user through a computer network, with no transfer
of a copy, is not conveying.
0.6 A "contributor" is a copyright holder who authorizes use under this
License of the Program or a work on which the Program is based. The
work thus licensed is called the contributor's "contributor version."
0.7 A contributor's "essential patent claims" are all patent claims
owned or controlled by the contributor, whether already acquired or
hereafter acquired, that would be infringed by some manner, permitted
by this License, of making, using, or selling its contributor version,
but do not include claims that would be infringed only as a
consequence of further modification of the contributor version. For
purposes of this definition, "control" includes the right to grant
patent sublicenses in a manner consistent with the requirements of
this License.
0.8 An interactive user interface is said to "display Appropriate Legal
Notices" if it includes a convenient and prominently visible feature
that (1) displays an appropriate copyright notice, and (2) tells the
user that there is no warranty for the work (except to the extent that
warranties are provided), that licensees may convey the work under
this License, and how to view a copy of this License. If the
interface presents a list of user commands or options, such as a menu,
a prominent item in the list meets this criterion.
0.9 The "source code" for a work means the preferred form of the work
for making modifications to it.
0.10 A patent license or other commitment not to enforce a patent or
other legal right is said to be "non-discriminatory" if it satisfies
all of the following conditions:
(a) It is available to all individuals and organizations worldwide
under the same terms and conditions.
(b) If it is conditioned on payment of royalties or fees, the
concerned amount may depend only on the number of hardware units,
and the same per-unit amount must be charged to all licensees. In
particular, it must allow replacing software implementations of
patented methods by other software implementating the patented
methods without requiring further royalties.
(c) It may be conditioned on the payment of royalties or fees and/or
on the grant of reciprocal licenses of some kind, but it must not
impose any further restrictions on behavior of the licensee beyond
reasonable, customary terms relating to operation or maintenance
of the license relationship such as the following: audit (when
relevant to fees), choice of law, and dispute resolution.
0.11 In conveying a covered work, it means for recipients to be "fully
empowered to use, modify and convey the Work" that all of the
following conditions are satisfied:
(a) The "source code" for the Work is available to the recipients
(for example by physically providing them with a copy or by
making the source code available for download via the internet),
in a form which allows modification by any individual with
ordinary professional skills in the field of expertise which is
relevant to making modifications to this kind of work, and any
computer programs which may be necessary for such modification
are available via the internet for download and usage by anyone,
free of charge.
(b) Unless the Work is conveyed in a form which which makes it
physically impossible for anyone to replace it with a modified
version (for example when the Work is installed in ROM), if the
recipients modify the Work as provided by point (a), they will be
able to use the modified versions in the same way as the copy of
the Work that was conveyed to them was intended to be used. In
particular, this implies that the recipients are provided with
installation instructions for replacing the Work with a modified
version, and it implies that the information provided in these
installation instructions must suffice to ensure that the
continued functioning of the modified version is in no case
prevented or interfered with solely because modification has been
made. (However, this does not imply any requirement to continue
to provide support service, warranty, or updates for a work that
has been modified or installed by the recipient. Network access
may be denied when the modification itself materially and
adversely affects the operation of the network or violates the
rules and protocols for communication across the network.)
(c) Any and all contracts which you have agreed to, or licenses which
you have accepted, in which third parties grant you permission to
use, propagate, modify or convey any specific copy of a covered
work, are non-discriminatory or also grant the same permissions to
anyone who receives a copy of the covered work. For the purpose
of this paragraph, "granting permission" shall be interpreted as
including not only explicit permissions but also any kind of
covenant not to bring suit for infringement of a patent or other
legal right, or any other express agreement or commitment, however
denominated, not to enforce a patent or other legal right.
1. Fundamental Permissions
1.0 All rights granted under this License are granted for the term of
copyright on the Program, and are irrevocable provided the stated
conditions are met. The output from running a covered work is covered
by this License only if the output, given its content, constitutes a
covered work. This License acknowledges your rights of fair use or
other equivalent, as provided by copyright law.
1.1 You may make, run and propagate covered works that you do not convey,
without conditions so long as your license otherwise remains in force.
You may convey covered works to others for the sole purpose of having
them make modifications exclusively for you, or provide you with
facilities for running those works, provided that you comply with the
terms of this License in conveying all material for which you do not
hold copyright. Those thus making or running the covered works for
you must do so exclusively on your behalf, under your direction and
control, on terms that prohibit them from making any copies of your
copyrighted material outside their relationship with you.
1.2 Conveying under any other circumstances is permitted solely under
the conditions stated below. Sublicensing is not allowed; section 2.1
makes it unnecessary.
1.3 You may convey verbatim copies of the Work provided that all
recipients are given a copy of this License along with the Work,
and that all legal disclaimers, copyright notices, and references to
this License are kept intact, and that in addition the recipients are
fully empowered to use, modify and convey the Work.
1.4 You may create modified versions and convey copies of these modified
versions, provided that you also meet all of these conditions:
(a) The Work must carry prominent notices stating that you modified
it, and giving a relevant date.
(b) The Work must carry prominent notices stating that it is released
under this License, and it must be accompanied by a copy of this
License.
(c) The recipients are fully empowered to use, modify and convey the
Work.
(d) You must license the entire Work, as a whole, under this License
to anyone who comes into possession of a copy. This License will
therefore apply to the whole of the work, and all its parts,
regardless of how they are packaged. This License gives no
permission to license the work in any way besides the ways
described in this section and in sections 6 and 7 below, but
it does not invalidate such permission if you have separately
received it.
(e) For purposes of this paragraph, a "patent license" means any
express agreement or commitment, however denominated, not to
enforce a patent, and to "grant" a patent license to a party means
to make such an agreement or commitment not to enforce a patent
against the party. If, pursuant to or in connection with a single
transaction or arrangement, you convey, or propagate by procuring
conveyance of, a covered work, and grant a patent license to some
of the parties receiving the covered work authorizing them to use,
propagate, modify or convey a specific copy of the covered work,
then the patent license you grant is automatically extended to all
recipients of the covered work and works based on it.
(f) If the Work has interactive user interfaces, each must display
Appropriate Legal Notices; however, if the Program has interactive
interfaces that do not display Appropriate Legal Notices, your
work need not make them do so.
1.5 In addition to the above permissions, each contributor grants you a
non-exclusive, worldwide, royalty-free patent license under the
contributor's essential patent claims to make, use, sell, offer for
sale, import and otherwise run, modify and propagate the contents
of its contributor version.
1.6 Nothing in this License shall be construed as excluding or limiting
any implied license or other defenses to infringement that may
otherwise be available to you under applicable patent law.
1.7 A compilation of a covered work with other separate and independent
works, which are not by their nature extensions of the covered work,
in or on a volume of a storage or distribution medium, is called an
"aggregate" if the compilation and its resulting copyright are not
used to limit the access or legal rights of the compilation's users
beyond what the individual works permit. Inclusion of a covered work
in an aggregate does not cause this License to apply to the other
parts of the aggregate.
1.8 You may charge any price or no price for each copy that you convey,
and you may offer support or warranty protection for a fee.
2. Automatic Licensing of Downstream Recipients
2.0 Each time you convey a covered work, the recipient automatically
receives a license from the original licensors, to run, modify and
propagate that work, subject to this License. You are not responsible
for enforcing compliance by third parties with this License.
2.1 An "entity transaction" is a transaction transferring control of an
organization, or substantially all assets of one, or subdividing an
organization, or merging organizations. If propagation of a covered
work results from an entity transaction, each party to that
transaction who receives a copy of the work also receives whatever
licenses to the work the party's predecessor in interest had or could
give under the previous paragraph, plus a right to possession of the
Corresponding Source of the work from the predecessor in interest, if
the predecessor has it or can get it with reasonable efforts.
2.2 You may not impose any further restrictions on the exercise of the
rights granted or affirmed under this License. For example, except as
explicitly allowed in section 6, you may not impose any kind of
license fee, royalty, or other charge for exercise of rights granted
under this License, and you may not initiate litigation (including a
cross-claim or counterclaim in a lawsuit) alleging that any patent
claim is infringed by making, using, selling, offering for sale, or
importing the Program or any portion of it.
2.3 No covered work shall be deemed part of an effective technological
measure under any applicable law fulfilling obligations under article
11 of the WIPO copyright treaty adopted on 20 December 1996, or
similar laws prohibiting or restricting circumvention of such
measures.
2.4 When you convey a covered work, you waive any legal power to forbid
circumvention of technical measures to the extent such circumvention
is effected by exercising rights under this License with respect to
the covered work, and you disclaim any intention to limit operation or
modification of the work as a means of enforcing, against the work's
users, your or third parties' legal rights to forbid circumvention of
technical measures.
3. Termination
3.0 You may not propagate or modify a covered work except as expressly
provided under this License. Any attempt otherwise to propagate or
modify it is void. If you violate this License, any copyright holder
may put you on notice by notifying you of the violation, by any
reasonable means. Having put you on notice, the copyright holder may,
at any time, terminate the rights (including any patent rights) that
the copyright holder has granted to you under this License.
3.1 However, if this is your first violation of this License with respect
to a given copyright holder, and you cure the violation within 30 days
following your receipt of the notice, then your license is
automatically reinstated.
3.2 In the event that your rights are terminated under this section,
parties who have received copies, or rights, from you under this
License will not have their licenses terminated so long as they remain
in full compliance.
4. License Acceptance
4.0 This License explicitly affirms your unlimited permission to run the
unmodified Work if it is a computer program, or part thereof.
4.1 You are not required to accept this License in order to receive or run
a copy of the Work. Ancillary propagation of a covered work
occurring solely as a consequence of using peer-to-peer transmission
to receive a copy likewise does not require acceptance.
4.2 However, nothing other than this License grants you permission to
propagate or modify any covered work. These actions infringe copyright
if you do not accept this License. Therefore, by modifying or
propagating a covered work, you indicate your acceptance of this
License to do so.
5. No Surrender of Others' Freedom
If conditions are imposed on you (whether by court order, agreement or
otherwise) that contradict the conditions of this License, they do not
excuse you from the conditions of this License. If you cannot convey
the Program, or other covered work, so as to satisfy simultaneously
your obligations under this License and any other pertinent
obligations, then as a consequence you may not convey it at all. For
example, if you agree to terms that obligate you to collect a royalty
for further conveying from those to whom you convey the Program, the
only way you could satisfy both those terms and this License would be
to refrain entirely from conveying the Program.
6. Relicensing under a Non-Free RewardRights License
If you create a modified version of the Work, you may opt to apply a
Non-Free RewardRights License to the modified version as described in
the following paragraphs of this section. To do this, you must alter
all the files that you modify the notices that refer to this License,
so that they refer to the Non-Free RewardRights License, instead of to
this License. Do not make any other change in these notices.
In the Non-Free RewardRights License, sections 0, 1, 2, 3, 5 and 9
must be identical to the corresponding sections of this License.
The Copyright Notice of the Non-Free RewardRights License must read as
follows: "With the exception of sections 6 and 7, this license
document is Copyright (C) 2007 Bollow Software Economics Research
( http://bollow.ch ) Weidlistrasse 18, CH-8624 Gruet, Switzerland
Everyone is permitted to copy and distribute verbatim copies of this
license document, but only sections 6 and 7 may be modified, and only
according to the rules described in section 8."
The Preamble of the Non-Free RewardRights License must read as
follows: "Preamble. This is a Non-Free License Agreement, but at
least it guarantees your essential rights to copy and redistribute
this works in original or modified form. The precise terms and
conditions for usage, copying, distribution and modification
follow. Note that payment of a fee may be required in case of
commercial usage and/or redistribution."
Section 4 of the Non-Free RewardRights License must read as follows:
"4. License Acceptance. You are not required to accept this License
in order to receive a copy. Ancillary propagation of a covered work
occurring solely as a consequence of using peer-to-peer transmission
to receive a copy likewise does not require acceptance. However,
making any other use of the Work, such as e.g. redistributing it or
running it if it is a computer program is allowed only after accepting
this License. When you convey a covered work you must ensure that the
recipient will not make use of the Work without modifying it or
accepting this License."
Section 6 of the Non-Free RewardRights License must contain a list of
the kind(s) of commercial use of the Work for which the business using
the Work must pay monetary rewards to you in recognition of your
contribution to the Work, and how minimum reward payments are to be
computed. You are free to set the rule for reward payments according
to your sole discretion, subject to applicable law. (If you choose to
ask for too much, businesses can simply choose to not use the Work, in
which case you will not receive any reward.) Section 6 of the
Non-Free RewardRights License must not contain anything besides the
rules for reward payments.
Section 7 of the Non-Free RewardRights License must consist either of
the statement "This License does not incorporate any patent license
agreements", or a list of royalty-free patent license agreements that
are incorporated in the Non-Free RewardRights License Agreement.
Patent license agreements may be so incorporated in the Non-Free
RewardRights License Agreement only if the party which claims to hold
patent rights offers the patent license agreements royalty-free to
everyone without discrimination, and only if acceptance of the patent
license agreement does not require any actions besides inclusion, or
non-removal, of a corresponding notice in the source code and/or
documentation of the Work.
Section 8 of the Non-Free RewardRights License must read as follows:
"8. Allowed changes to sections 6 and 7.
(a) Adding Additional Reward Rights. If you create a modified version
of the Work, you may opt to add additional rules, corresponding to
your contribution, to section 6 of this license. You are free to set
the rule for reward payments according to your sole discretion,
subject to applicable law. (If you choose to ask for too much,
businesses can simply choose to not use the Work, in which case you
will not receive any reward.) Section 6 of the Non-Free RewardRights
License must not contain anything besides the rules for reward payments.
(b) Removal of Reward Rights. If you create a modified version of the
Work so that after your modifications you can determine that one or
more of the Reward Rules in section 6 refers to contributions on which
your modified version is not based, you may remove those Reward Rules
from section 6 of this License. Otherwise removing rules from section
6 is not allowed.
(c) Adding Additional Royalty-Free Patent Licenses. You may interpret
Section 7 of this Non-Free RewardRights License as a list of
royalty-free patent license agreements which are incorporated by
reference in this Non-Free RewardRights License, and you may add
further royalty-free patent license agreements to this list provided
that the party which claims to hold patent rights offers the patent
license agreement royalty-free to everyone without discrimination, and
provided that acceptance of the patent license agreement does not
require any actions besides inclusion, or non-removal, of a
corresponding notice in the source code and/or documentation of the
Work."
The Non-Free RewardRights License must consist in its entirety of a
non-misleading title together with the copyright notice, preamble and
sections 0-9 described above.
You may optionally make your modified version of the Work available
also under the terms of a license which is obtained by means of
professionally diligent translation of the text of the Non-Free
RewardRights License into a language other than English, provided that
the English text of the Non-Free RewardRights License is also conveyed
with the modified version.
7. License Compatibility Clauses
(a) Relicensing under the terms of the GNU General Public License.
You may opt to apply the terms of the GNU General Public License
instead of this License to a given copy of the Work. To do this, you
must alter all the notices that refer to this License, so that they
refer to version 2 or a specific later version of the GNU General
Public License, which has been published by the Free Software
Foundation, instead of to this License. Do not make any other
change in these notices.
Once this change is made in a given copy, it is irreversible for that
copy, so the GNU General Public License applies to all subsequent
modified versions made from that copy.
(b) Use with the Apache License
Notwithstanding any other provision of this License, you have
permission to link any covered work with a work licensed under version
2.0 of the Apache License, and to convey the resulting combination,
provided that in doing so you fulfil the conditions imposed by the
Apache License and provided that the combined work fulfils conditions
(a), (c), (e) and (f) of section 1 of this License. The terms of this
License will continue to apply to the covered work, but will not apply
to the work with which it is linked, which will remain governed by the
Apache License.
(c) Use with some Creative Commons Licenses
Notwithstanding any other provision of this License, you have
permission to combine any covered work with a work licensed under any
version of one of the following the Creative Commons Licenses:
* Creative Commons Attribution License
* Creative Commons Attribution-Noncommercial License
In addition you have permission to publicly perform the combined work,
provided that in doing so you fulfil the conditions imposed by the
respective Creative Commons License or that you have obtained an
additional license from the copyright holder of the Creative Commons
licensed work which allows your public performance.
Furthermore, if the combined work is not a computer program, you also
have permission to convey it, provided that in doing so you fulfil the
conditions imposed by the respective Creative Commons License.
The terms of this License will continue to apply to the covered work
but will not apply to the work with which it is combined, which will
remain governed by a Creative Commons License.
(d) Use as part of the text of webpages
For any part of the Work which is suitable to be read by humans as
part of the text of a website, you have permission to include it on
webpages that can be publicly accessed via the internet, provided that
any and all requests for attribution from authors and copyright
holders are satisfied.
(e) Use with proprietary presentation elements
You have permission to combine the Work with proprietary presentation
elements which contribute to the "look and feel" of the combined work
but not to its information content and functionality, and to convey
the combined work under any license which fulfills the requirement
that all recipients of the combined work or derivative works thereof
must have the right and a convenient means to remove all the
proprietary presentation elements to obtain a work which has the same
information content and functionality and which is licensed under this
Free RewardRights License.
8. Revised Versions of this License
Bollow Software Economics Research may publish revised and/or new
versions of the Free RewardRights License from time to time. Such new
versions will be similar in spirit to the present version, but may
differ in detail to address new problems or concerns.
Each version is given a distinguishing version number. If the Program
specifies that a certain numbered version of the Free RewardRights
License "or any later version" applies to it, you have the option of
following the terms and conditions either of that numbered version or
of any later version published by the Free Software Foundation. If the
Program does not specify a version number of the Free RewardRights
License, you may choose any version ever published by Bollow Software
Economics Research.
If the Program specifies that a proxy can decide whether future
versions of the Free RewardRights License shall apply, that proxy's
public statement of acceptance of any version is permanent
authorization for you to choose that version for the Program.
9. Disclaimer of Warranty and Limitation of Liability
THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY
APPLICABLE LAW. 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 WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND
PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE
DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR
CORRECTION.
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING
WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MODIFIES AND/OR
CONVEYS THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU 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
LOSSES SUSTAINED BY YOU 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.
If the disclaimer of warranty and limitation of liability provided
above cannot be given local legal effect according to their terms,
reviewing courts shall apply local law that most closely approximates
an absolute waiver of all civil liability in connection with the
Program, unless a warranty or assumption of liability accompanies a
copy of the Program in return for a fee.
END OF TERMS AND CONDITIONS
If you wish to apply the terms of this license to new programs or
other information goods, the simple step-by-step instructions for
doing so are available at http://FRRL.info .