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From "Geir Magnusson Jr." <ge...@apache.org>
Subject Re: "nuclear facility" clausule in Sun license is compatible?
Date Sun, 11 Sep 2005 12:08:41 GMT

On Sep 9, 2005, at 11:18 AM, Antonio Gallardo wrote:

> Hi folks,
>
> This license is basically BSD compatible. The only difference seems  
> to be the lastest paragraph that seems to impose a restriction. I  
> will like to know if this license should be considered as an Apache  
> License compatible license or not.

I think you are showing us an old version of the license.  I spent a  
lot of time talking to Sun in the last few years about this license,  
and since then they have removed the "not licensed for nukes"  
restriction.   It's not designed, recommended, etc, but they removed  
the "not licensed" restriction.

However, the license still has a problem - it generally has a  
requirement that we and our users indemnify Sun.  it also generally  
doesn't allow redistribution of the binary except as a part of a  
program that uses it.

Finally, there are many versions of the Sun Binary License.  There's  
standard boilerplate and always Supplemental Terms.  It's important  
to figure out what they are.

So, lets be precise - where are you getting this license from?

geir

>
> Thanks in advance.
>
> Best Regards,
>
> Antonio Gallardo.
>
> Here is the full license text:
>
> Copyright (c) 2001-2003 Sun Microsystems, Inc.  All Rights
> Reserved.
>
> Redistribution and use in source and binary forms, with or
> without modification, are permitted provided that the
> following conditions are met:
>
> - Redistributions of source code must retain the above
>  copyright notice, this list of conditions and the
>  following disclaimer.
>
> - Redistribution in binary form must reproduct the above
>  copyright notice, this list of conditions and the
>  following disclaimer in the documentation and/or other
>  materials provided with the distribution.
>
> Neither the name of Sun Microsystems, Inc.  or the names of
> contributors may be used to endorse or promote products
> derived from this software without specific prior written
> permission.
>
> This software is provided "AS IS," without a warranty of any
> kind.  ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS
> AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF
> MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
> NON-INFRINGEMENT, ARE HEREBY EXCLUDED.  SUN AND ITS
> LICENSORS SHALL NOT BE LIABLE FOR ANY DAMAGES OR LIABILITIES
> SUFFERED BY LICENSEE AS A RESULT OF OR RELATING TO USE,
> MODIFICATION OR DISTRIBUTION OF THE SOFTWARE OR ITS
> DERIVATIVES.  IN NO EVENT WILL SUN OR ITS LICENSORS BE
> LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT,
> INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE
> DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF
> LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE
> SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF
> SUCH DAMAGES.
>
> You acknowledge that Software is not designed,licensed or
> intended for use in the design, construction, operation or
> maintenance of any nuclear facility.
>
>
>
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> only, are not privileged and do not constitute legal advice.
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>

-- 
Geir Magnusson Jr                                  +1-203-665-6437
geirm@apache.org



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