GPLv3 Draft
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THIS IS A DRAFT, NOT A PUBLISHED VERSION OF THE GNU GENERAL PUBLIC LICENSE.
Discussion Draft 2 of Version 3, 27 July 2006
GNU GENERAL PUBLIC LICENSE
Copyright © 2006 Free Software Foundation, Inc.
51 Franklin Street, Fifth Floor, Boston, MA 02110-1301 USA
Everyone is permitted to copy and distribute verbatim copies of this
license document, but changing it is not allowed.
PREAMBLE
The licenses for most software are designed to take away your freedom to
share and change it. By contrast, the GNU General Public License is
intended to guarantee your freedom to share and change free software--to
make sure the software is free for all its users. We, the Free Software
Foundation, use the GNU General Public License for most of our software;
it applies also to any other program whose authors commit to using it.
You can apply it to your programs, too.
When we speak of free software, we are referring to freedom, not price.
Our General Public Licenses are designed to make sure that you have the
freedom to distribute copies of free software (and charge for this
service if you wish), that you receive source code or can get it if you
want it, that you can change the software or use pieces of it in new
free programs, and that you know you can do these things.
To protect your rights, we need to make requirements that forbid anyone
to deny you these rights or to ask you to surrender the rights.
Therefore, you have certain responsibilities if you distribute copies of
the software, or if you modify it.
For example, if you distribute copies of such a program, whether gratis
or for a fee, you must give the recipients all the rights that you have.
You must make sure that they, too, receive or can get the source code.
And you must show them these terms so they know their rights.
Developers that use the GNU GPL protect your rights with two steps: (1)
assert copyright on the software, and (2) offer you this License which
gives you legal permission to copy, distribute and/or modify the software.
For the developers' and authors' protection, the GPL clearly explains
that there is no warranty for this free software. For both users' and
authors' sake, the GPL requires that modified versions be marked as
changed, so that their problems will not be associated erroneously with
the original version.
Some computers are designed to deny users access to install or run
modified versions of the software inside them. This is fundamentally
incompatible with the purpose of the GPL, which is to protect users'
freedom to change the software. Therefore, the GPL ensures that the
software it covers will not be restricted in this way.
Finally, every program is threatened constantly by software patents.
States should not allow patents to restrict development and use of
software on general-purpose computers, but in places where they do, we
wish to avoid the special danger that redistributors of a free program
will individually obtain patent licenses, in effect making the program
proprietary. To prevent this, the GPL assures that patents cannot be
used to render the program non-free.
TERMS AND CONDITIONS
0. Definitions.
In this License, each licensee is addressed as "you," while "the
Program" refers to any work of authorship licensed under this License. A
"modified" work includes, without limitation, versions in which material
has been translated or added. A work "based on" another work means any
modified version, formation of which requires permission under
applicable copyright law. A "covered work" means either the unmodified
Program or a work based on the Program.
To "propagate" a work means doing anything with it that requires
permission 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.
To "convey" a work means any kind of propagation that enables other
parties to make or receive copies, excluding sublicensing.
A party's "essential patent claims" in a work are all patent claims that
the party can give permission to practice, whether already acquired or
to be acquired, that would be infringed by making, using, or selling the
work.
1. Source Code.
The "source code" for a work means the preferred form of the work for
making modifications to it. "Object code" means any non-source version
of a work.
The "System Libraries" of an executable work include every subunit such
that (a) the identical subunit is normally included as an adjunct in the
distribution of either a major essential component (kernel, window
system, and so on) of the specific operating system (if any) on which
the object code runs, or a compiler used to produce the object code, or
an object code interpreter used to run it, and (b) the subunit (aside
from possible incidental extensions) serves only to enable use of the
work with that system component or compiler or interpreter, or to
implement a widely used or standard interface for which an
implementation is available to the public in source code form.
The "Corresponding Source" for a work in object code form means all the
source code needed to generate, install, and (for an executable work)
run the object code and to modify the work, except its System Libraries,
and except general-purpose tools or generally available free programs
which are used unmodified in performing those activities but which are
not part of the work. For example, Corresponding Source includes scripts
used to control those activities, interface definition files associated
with the program source files, and the source code for shared libraries
and dynamically linked subprograms that the work is specifically
designed to require, such as by complex data communication or control
flow between those subprograms and other parts of the work.
The Corresponding Source also includes any encryption or authorization
keys necessary to install and/or execute modified versions from source
code in the recommended or principal context of use, such that they can
implement all the same functionality in the same range of circumstances.
(For instance, if the work is a DVD player and can play certain DVDs, it
must be possible for modified versions to play those DVDs. If the work
communicates with an online service, it must be possible for modified
versions to communicate with the same online service in the same way
such that the service cannot distinguish.) A key need not be included in
cases where use of the work normally implies the user already has the
key and can read and copy it, as in privacy applications where users
generate their own keys. However, the fact that a key is generated based
on the object code of the work or is present in hardware that limits its
use does not alter the requirement to include it in the Corresponding
Source.
The Corresponding Source may include portions which do not formally
state this License as their license, but qualify under section 7 for
inclusion in a work under this License.
The Corresponding Source need not include anything that users can
regenerate automatically from other parts of the Corresponding Source.
2. Basic Permissions.
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. This License explicitly affirms your unlimited
permission to run the unmodified Program. The output from running it 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.
This License permits you to make and run privately modified versions of
the Program, or have others make and run them on your behalf. However,
this permission terminates, as to all such versions, if you bring suit
against anyone for patent infringement of any of your essential patent
claims in any such version, for making, using, selling or otherwise
conveying a work based on the Program in compliance with this License.
Propagation of covered works other than conveying is permitted without
limitation. Sublicensing is not allowed; section 10 makes it
unnecessary. Conveying is permitted under the conditions stated below.
3. No Denying Users' Rights through Technical Measures.
Regardless of any other provision of this License, no permission is
given for modes of conveying that deny users that run covered works the
full exercise of the legal rights granted by this License.
No covered work constitutes part of an effective technological
"protection" measure under section 1201 of Title 17 of the United States
Code. When you convey a covered work, you waive any legal power to
forbid circumvention of technical measures that include use of the
covered work, and you disclaim any intention to limit operation or
modification of the work as a means of enforcing the legal rights of
third parties against the work's users.
4.[1] Verbatim Copying.
You may copy and convey verbatim copies of the Program's source code as
you receive it, in any medium, provided that you conspicuously and
appropriately publish on each copy an appropriate copyright notice; keep
intact all license notices and notices of the absence of any warranty;
and give all recipients, along with the Program, a copy of this License
and the central list (if any) required by section 7. The recipients of
these copies will possess all the rights granted by this License (with
any added terms under section 7).
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.
5.[2] Conveying Modified Source Versions.
You may copy and convey a work based on the Program, or the
modifications to produce it from the Program, in the form of source code
under the terms of section 4 above, provided that you also meet all of
these conditions:
* a) The modified work must carry prominent notices stating that you
changed the work and the date of any change.
* b) You must license the entire work, as a whole, under this
License to anyone who comes into possession of a copy. This
License must apply, unmodified except as permitted by section 7
below, 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 other way, but it does not invalidate such
permission if you have separately received it.
* c) If the modified work has interactive user interfaces, each must
include a convenient feature that displays an appropriate
copyright notice, and tells the user that there is no warranty for
the program (or that you provide a warranty), that users may
convey the modified work under this License, and how to view a
copy of this License together with the central list (if any) of
other terms in accord with section 7. Specifically, if the
interface presents a list of user commands or options, such as a
menu, a command to display this information must be prominent in
the list; otherwise, the modified work must display this
information at startup. However, if the Program has interactive
interfaces that do not comply with this subsection, your modified
work need not make them comply.
To the extent that identifiable sections of the modified work, added by
you, are not derived from the Program, and can be reasonably considered
independent and separate works in themselves, then this License, and its
terms, do not apply to those sections when you convey them as separate
works, not specifically for use in combination with the Program.
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.
6.[3] Conveying Non-Source Forms.
You may copy and convey a covered work in object code form under the
terms of sections 4 and 5, provided that you also convey the
machine-readable Corresponding Source under the terms of this License,
in one of these ways:
* a) Convey the object code in a physical product (including a
physical distribution medium), accompanied by the Corresponding
Source fixed on a durable physical medium customarily used for
software interchange.
* b) Convey the object code in a physical product (including a
physical distribution medium), accompanied by a written offer,
valid for at least three years and valid for as long as you offer
spare parts or customer support for that product model, to give
any third party a copy of the Corresponding Source for all the
software in the product that is covered by this License, on a
durable physical medium customarily used for software interchange,
for a price no more than your reasonable cost of physically
performing this conveying of source.
* [b1) Convey the object code in a physical product (including a
physical distribution medium), accompanied by a written offer,
valid for at least three years and valid for as long as you offer
spare parts or customer support for that product model, to provide
access to copy the Corresponding Source from a network server at
no charge.]
* c) Convey individual copies of the object code with a copy of the
written offer to provide the Corresponding Source. This
alternative is allowed only occasionally and noncommercially, and
only if you received the object code with such an offer, in accord
with subsection 6b or 6b1.
* d) Convey the object code by offering access from a designated
place, and offer equivalent access to the Corresponding Source in
the same way through the same place at no extra charge. You need
not require recipients to copy the Corresponding Source along with
the object code.
[If the place to copy the object code is a network server, the
Corresponding Source may be on a different server that supports
equivalent copying facilities, provided you have explicitly
arranged with the operator of that server to keep the
Corresponding Source available for as long as needed to satisfy
these requirements, and provided you maintain clear directions
next to the object code saying where to find the Corresponding
Source.]
* e) Convey the object code using peer-to-peer transmission provided
you know that, and inform other peers where, the object code and
Corresponding Source of the work are being offered to the general
public at no charge under subsection 6d.
The Corresponding Source conveyed in accord with this section must be in
a format that is publicly documented, with an implementation available
to the public in source code form, and must require no special password
or key for unpacking, reading or copying.
A separable portion of the object code, whose source code is excluded
from the Corresponding Source as a System Library, need not be included
in conveying the object code work.
7. Additional Terms.
You may have received the Program, or parts of it, under terms that
supplement the terms of this License. These additional terms may include
additional permissions, as provided in subsection 7a, and additional
requirements, as provided in subsection 7b. When you convey copies of a
covered work, unless the work also permits use under a previous version
of this License, it must list, in one central place in the source code,
the complete set of additional terms governing all or part of the work.
*
a. Additional Permissions.
Additional permissions make exceptions from one or more of the
requirements of this License. A license document containing a
clause that permits relicensing or conveying under this License
shall be treated as a list of additional permissions, provided
that the license document makes clear that no requirement in it
survives such relicensing or conveying.
Any additional permissions that are applicable to the entire
Program are treated as though they were included in this License,
as exceptions to its conditions, to the extent that they are valid
under applicable law. If additional permissions apply only to part
of the Program, that part may be used separately under those
permissions, but the entire Program remains governed by this
License without regard to the additional terms.
*
b. Additional Requirements.
Additional requirements are terms that further constrain use,
modification or propagation of covered works. This License affects
only the procedure for enforcing additional requirements, and does
not assert that they can be successfully enforced by the copyright
holder. Only these kinds of additional requirements are allowed by
this License:
o 0) terms that require preservation of specified reasonable
legal notices or author attributions; or
o 1) terms that require that the origin of the material they
cover not be misrepresented, or that modified versions of
that material be marked in specific reasonable ways as
different from the original version; or
o 2) warranty or liability disclaimers that differ from the
disclaimers in this License; or
o 3) terms that prohibit or limit the use for publicity
purposes of specified names of licensors or authors, or that
require that certain specified trade names, trademarks, or
service marks not be used for publicity purposes without
express permission, other than in ways that are fair use
under applicable trademark law; or
o 4) terms that require, if a modified version of the material
they cover is a work intended to interact with users through
a computer network, that those users be able to obtain
copies of the Corresponding Source of the work through the
same network session; or
o 5) terms that wholly or partially terminate, or allow
termination of, permission for use of the material they
cover, for a user who files a software patent lawsuit (that
is, a lawsuit alleging that some software infringes a
patent) not filed in retaliation or defense against the
earlier filing of another software patent lawsuit, or in
which the allegedly infringing software includes some of the
covered material, possibly in combination with other
software; or
o 6) terms that are precisely equivalent in type and extent to
a requirement expressly stated in this License, or that deny
permission for activities that are clearly not permitted,
expressly or otherwise, by this License.
All other additional requirements, including attorney's fees
provisions, choice of law, forum, and venue clauses, arbitration
clauses, mandatory contractual acceptance clauses, requirements
regarding changes to the name of the work, and terms that require
that conveyed copies be governed by a license other than this
License, are prohibited.
*
c. Terms Added or Removed by You.
When you convey a copy of a covered work, you may at your option
remove any additional permissions from that copy, or from any part
of it. Some additional permissions require their own removal in
certain cases when you modify the work.
Additional requirements are allowed only as stated in subsection
7b. If the Program as you received it purports to impose any other
additional requirement, you may remove that requirement.
You may place additional permissions, or additional requirements
as allowed by subsection 7b, on material, added by you to a
covered work, for which you have or can give appropriate copyright
permission. Adding requirements not allowed by subsection 7b is a
violation of this License that may lead to termination of your
rights under section 8.
If you add terms to a covered work in accordance with this
section, you must place, in the relevant source files, a statement
of the additional terms that apply to those files, or a notice
indicating where to find the applicable terms.
8.[4] Termination.
You may not propagate or modify the Program except as expressly provided
under this License. Any attempt otherwise to propagate or modify the
Program 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, provided 60 days have not elapsed since the last violation.
Having put you on notice, the copyright holder may then terminate your
license at any time. However, 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.
9.[5] Acceptance Not Required for Having Copies.
You are not required to accept this License in order to receive or run a
copy of the Program. 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, nothing else grants
you permission to propagate or modify the Program or any covered works.
These actions infringe copyright if you do not accept this License.
Therefore, by modifying or propagating the Program (or any covered
work), you indicate your acceptance of this License to do so, and all
its terms and conditions.
10.[6] Automatic Licensing of Downstream Users.
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, including any additional
terms introduced through section 7. You may not impose any further
restrictions on the recipients' exercise of the rights thus granted or
affirmed, except in the limited ways permitted by section 7. Therefore,
you may not impose a license fee, royalty, or other charge for exercise
of rights granted under this License. You are not responsible for
enforcing compliance by third parties to this License.
If propagation results from a transaction transferring control of an
organization, each party to that transaction who receives a copy of the
work also receives a license and a right to possession of the
Corresponding Source of the work from the party's predecessor in interest.
11. Patents.
You receive the Program with a covenant from each author and conveyor of
the Program, and of any material, conveyed under this License, on which
the Program is based, that the covenanting party will not assert (or
cause others to assert) any of the party's essential patent claims in
the material that the party conveyed, against you, arising from your
exercise of rights under this License. If you convey a covered work, you
similarly covenant to all recipients, including recipients of works
based on the covered work, not to assert any of your essential patent
claims in the covered work.
If you convey a covered work, knowingly relying on a non-sublicensable
patent license that is not generally available to all, you must either
(1) act to shield downstream users against the possible patent
infringement claims from which your license protects you, or (2) ensure
that anyone can copy the Corresponding Source of the covered work, free
of charge and under the terms of this License, through a publicly
available network server or other readily accessible means.
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.
12.[7] 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
accept a patent license that prohibits royalty-free conveying by those
who receive copies directly or indirectly through you, then the only way
you could satisfy both it and this License would be to refrain entirely
from conveying the Program.
[13.[8] Geographical Limitations.
If the conveying and/or use of the Program is restricted in certain
countries either by patents or by copyrighted interfaces, the original
copyright holder who places the Program under this License may add an
explicit geographical limitation on conveying, excluding those
countries, so that conveying is permitted only in or among countries not
thus excluded. In such case, this License incorporates the limitation as
if written in the body of this License.]
14.[9] Revised Versions of this License.
The Free Software Foundation may publish revised and/or new versions of
the GNU General Public 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 this 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 this License, you may choose any version
ever published by the Free Software Foundation.
[15.[10] Requesting Exceptions.
If you wish to incorporate parts of the Program into other free programs
under other licenses, write to the author to ask for permission. For
software which is copyrighted by the Free Software Foundation, write to
the Free Software Foundation; we sometimes make exceptions for this. Our
decision will be guided by the two goals of preserving the free status
of all derivatives of our free software and of promoting the sharing and
reuse of software generally.]
NO WARRANTY
16.[11] Disclaimer of Warranty.
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.
17.[12] Limitation of Liability.
In no event unless required by applicable law or agreed to in writing
will any copyright holder, or any other party who may modify and/or
convey 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.
END OF TERMS AND CONDITIONS
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