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From Craig Russell <apache....@gmail.com>
Subject Re: Is this license compatible with an Apache project?
Date Thu, 21 Feb 2019 23:30:23 GMT
For all the listed reasons by others, I would say this is clearly Category X software.

Craig

> On Feb 21, 2019, at 12:46 PM, Justin Mclean <justin@classsoftware.com> wrote:
> 
> Hi,
> 
> INAL While the license seems to be category X, clause 3 mean that the software you want
to use is under another open source license and it may be possible to use. Do you have a link
to the software in question?
> 
>> 1.	LICENSE GRANT. Freescale grants to you, free of charge, the non-exclusive, non-transferable,
non-sublicensable right (1) to use the Software
> 
> non-transferable would probably make it category X??
> 
>> supplied directly or indirectly from Freescale (Freescale System)
> 
> Seems a field of use restriction i.e. can only run on their hardware, which would make
it Category X
> 
>> f.	You may not translate, reverse engineer, decompile, or disassemble the Software
provided to you solely in object code format (machine readable) except to the extent applicable
law specifically prohibits such restriction.  You will prohibit your sublicensees from translating,
reverse engineering, decompiling, or disassembling the Software except to the extent applicable
law specifically prohibits such restriction.
> 
> This seem a condition above and beyond what ALv2 give so that would make it Category
X.
> 
>> 3.	OPEN SOURCE.  Any open source software included in the Software licensed herein
is not licensed under the terms of this Agreement, but is instead licensed under the terms
of applicable open source license(s), such as the BSD License, Apache License or the Lesser
GNU General Public License.  Your use of such open source software is subject to the terms
of each applicable license.  You must agree to the terms of each such applicable license,
or you should not use the open source software.  
> 
> If this is the case then the code you want to use is not under this license at all but
under an open source license (hopefully compatible). Check the files header is the license
listed there?
> 
>> 5.	TERM AND TERMINATION.  … Freescale has the right to terminate this Agreement
without notice and require that you stop using and delete all copies of the Software ...
> 
> This seem a condition above and beyond what ALv2 give so that would make it Category
X.
> 
>> 12.	HIGH RISK ACTIVITIES. .... You specifically represent and warrant that you will
not use the Software or any derivative work of the Software for High Risk Activities. 
> 
> This is a field of use description so it’s Category X.
> 
>> 14.	CONFIDENTIAL INFORMATION.  You must treat the Software as confidential information
and you agree to retain the Software in confidence perpetually, with respect to Software in
source code form (human readable)
> 
> This seems to say you can’t disclose the source code so that would make it category
X.
> 
> Thanks,
> Justin
> 
> 
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Craig L Russell
Secretary, Apache Software Foundation
clr@apache.org <mailto:clr@apache.org> http://db.apache.org/jdo <http://db.apache.org/jdo>

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