| eaLib License Conditions |
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As of version 0.2 eaLib is dual-licensenced. It is available under the
GPL and under a
commercial license. The commercial license will be become valid, in case that eaLib
will be made available as a commercial product in the future. Below you can find the
draft of the commercial license. Any comments are welcome.
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| eaLib Commercial License |
This is the preliminary non-GPL license for eaLib. This can be used for
commercial applications of the software. This license will become valid in case
that eaLib becomes available as a commercial product in the future.
Following are a draft of the current terms of this non-GPL license agreement.
Comments are welcome - particularly those of the legal counsel of interested
purchasers.
1. Preamble
Please read this license agreement (called the "Agreement") carefully. Your
use or installation of the software or any related documentation (called the
"Software") indicates your acceptance of the following terms and conditions. If
you do not agree to these terms and conditions, you may not install or use the
Software.
eaLib is dual licensed, under both the GPL and the following non-GPL license.
The GPL license allows you to freely distribute eaLib within GPL software. This
means that both source code (java files) and compiled code (class or native
code) of the software must be available, and that any person you distribute it
to has these same rights. Since the GPL kind of "open source" does not suit
everyone (notably for most commercial software), eaLib is also available under
the following non-GPL license.
This non-GPL license relieves you of all GPL obligations, apart from clause
(7), which preserves the open source maintenance benefits of sharing bug-fixes
and of peer review of enhancements.
This non-GPL license imposes the further restriction, beyond the GPL, of clause
(6), which prevents you from competing with eaLib (eg selling eaLib itself, or a
competing product, or of "forking" the project). It also restricts you to
distribute eaLib only within a specifically nominated "named product", or named
product suite.
This non-GPL license does not allow you to give other people the right to
distribute eaLib. It only gives *you* the right to distribute. This means
that eaLib cannot be converted into LGPL, BSD or Apache style licenses etc via
this license, or distributed under such a license.
2. Definitions
The "Software" is the eaLib software, including, but not limited to, the eaLib
Library, examples and any included documentation.
A "commercial use" is:
(1) the use of the Software or any work derived from the Software in connection
with, for or in aid of the generation of revenue, such as in the conduct of
Licensee's daily business operations; or
(2) any copying, distribution or modification of the Software or any work
derived from the Software to any party where payment or other consideration is
made in connection with such copying, distribution or modification, whether
directly (as in payment for a copy of the Software) or indirectly (including
but not limited to payment for some good or service related to the Software, or
payment for some product or service that includes a copy of the Software
"without charge").
3. Ownership and License
The Software is owned by the Institute of Electronic Circuits and Systems (ESS),
which is part of the Technical University of Ilmenau, Germany or one of its
subsidiaries and is copyrighted and licensed.
4. Warranty Disclaimer and Limitation of Liability
ESS licenses the Software to you on an "as is" basis, without warranty of any
kind. ESS hereby expressly disclaims all warranties or conditions, either
express or implied, including, but not limited to, the implied warranties or
conditions of merchantability and fitness for a particular purpose. You are
solely responsible for determining the appropriateness of using this Software
and assume all risks associated with the use of this Software, including but
not limited to the risks of program errors, damage to or loss of data, programs
or equipment, and unavailability or interruption of operations. Some
jurisdictions do not allow for the exclusion or limitation of implied
warranties, so the above limitations or exclusions may not apply to you.
ESS will not be liable for any direct damages or for any special, incidental,
or indirect damages or for any economic consequential damages (including lost
profits or savings), even if ESS has been advised of the possibility of such
damages. ESS will not be liable for the loss of, or damage to, your records
or data, or any damages claimed by you based on a third party claim. Some
jurisdictions do not allow for the exclusion or limitation of incidental or
consequential damages, so the above limitations or exclusions may not apply to
you.
5. Distribution of eaLib
This license grants you a non-exclusive, non-transferable, perpetual license,
to distribute the Software within a named product or product suite, in return
for a one time fee.
6. Competition with eaLib
This named product or product suite of yours must not compete with the Software.
The Software must be used only as a minor component, embedded, in a supporting
role, incidental to the primary function of your named product or product suite.
The Software API (or functional equivalent) must not be exposed to the user of
your product. You may not compete with the Software.
7. Modification of eaLib
You have the right to modify the Software (eg: bugfixes, enhancements etc);
however, any such changes must be relayed back to ESS, and split copyright in
them assigned to ESS.
Explanatory Note: "Split copyright" means that both you and ESS acquire the same
rights to the changes, so that ESS may incorporate the changes back into eaLib,
without mixing copyright ownership. Incorporating changes allows wide testing
and peer review of your changes, and for further enchancements to be built on
top of yours. You can forget about your bug fix or enhancement - you do not
need to re-apply it to future releases, or to maintain it. You will be
credited for your contribution, and of course, will also recieve the bug fixes
etc from other licensees under this term.
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