launchpad-users team mailing list archive

[Roland Kammerer <roland.kammerer@xxxxxxxxxx>]

Dear readers,

I maintain a PPA[1] for LINBIT[2] where we upload the DRBD9 kernel
module (dkms), drbd-utils (user space utilities for DRBD), and DRBD
Manage (a management component for DRBD9).

So far DRBD Manage was released under the terms of the GPLv3, but the
next release will have a custom license, similar to the one from BeeGFS
[3]. The code is still open and we want people to be able to study the
source and contribute patches. What LINBIT does not want are copycats
that don't contribute, but (pretend to) provide support, undermining
parts of LINBIT's business model.

Before I upload a new release of DRBD Manage, I would therefore kindly
ask if the new license is acceptable for a package distributed in a PPA,
and if not, which concerns exist.

Thanks for you assistance , rck

[1] https://launchpad.net/~linbit/+archive/ubuntu/linbit-drbd9-stack
[2] http://www.linbit.com
[3] http://www.beegfs.com

The License:
DRBD MANAGE END USER AGREEMENT DRBD MANAGE END USER LICENSE AGREEMENT
OCTOBER 19, 2016


PLEASE READ THIS LICENSE AGREEMENT CAREFULLY. BY USING THE SOFTWARE DRBD
MANAGE YOU ACCEPT ALL TERMS OF THE LICENSE AGREEMENT. IF YOU DO NOT
AGREE TO THE TERMS OF THIS LICENSE, DO NOT INSTALL, COPY, OR USE THE
SOFTWARE.


1.) DEFINITIONS

1.1) LICENSOR: LINBIT HA Solutions GmbH, Stiegergasse 18, 1150 Wien, Austria.

1.2) LICENSEE: The user of DRBD Manage under this License Agreement.

1.3) LICENSED SOFTWARE: The Software DRBD Manage in source code and
object code form including all executable programs.

1.4) DOCUMENTATION: The DRBD user's guide, e-mails and other explanatory
materials accompanying the LICENSED SOFTWARE in printed or electronic
form.


2.) OWNERSHIP / INTELLECTUAL PROPERTY RIGHTS

LICENSEE acknowledges that ownership and all intellectual property
rights related to the LICENSED SOFTWARE and to the DOCUMENTATION,
including patents, copyright, trademarks, company or trade secrets
remain with the LICENSOR.

LICENSEE promises to keep and not to modify the copyright notices of the
LICENSOR.


3.) SCOPE OF LICENSE

3.1) Provided LICENSEE accepts all terms of this License Agreement,
LICENSEE is granted a non-exclusive right to use the LICENSED SOFTWARE,
which means LICENSEE may use the software for redistribution to an
unrestricted number of users and for an unrestricted number of computer
systems, as well as use the accompanying DOCUMENTATION, as follows:

a) The LICENSEE is allowed to redistribute the LICENSED SOFTWARE and/or
distribute software builts from modified source code under exactly the
same terms of this License Agreement. The LICENSEE is entitled to sell
or give away the software alone, or as part of an aggregate software
distribution, in either source code or compiled form. The LICENSOR will
not charge license fees or royalty payments or any other fee for this
redistribution, distribution or modification.

b) The license granted to the LICENSEE does not include any
discrimination against persons, groups or against fields of endeavor and
does not restrict users from using the software for a particular field
of endeavour - a business for example (eg. there is no restriction to
distribute the LICENSE SOFTWARE as "freely for non-commercial use").

c) The LICENSED SOFTWARE must not be distributed under a license
specific to a certain program or software package. The rights attached
to the software must not depend on the program being part of a specific
software system or package.

d) The LICENDSED SOFTWARE does not contaminate other software licenses.
The license does not place restrictions on other software that is
distributed along with it. For example, the LICENSE must not insist that
all other programs distributed along with the LICENSED SOFTWARE be free
software.

e) Source modifications of the LICENSED SOFTWARE must be distributed as
patches. The LICENSED SOFTWARE and modifications to their software must
be distributed separately, so that third parties always have a copy of
their pristine code. However, the license explicitly permits
distribution of software built from modified source code.

3.2) Without prior written consent of LICENSOR or an authorized partner,
LICENSEE may modify the source code and use the modified version of the
LICENSED SOFTWARE as specified under section 3.1. as long as the
LICENSEE provides to the LICENSOR and third parties exactly the same
rights to the modified source code and modified version as the LICENSOR
does to the LICENSEE. The LICENSOR and third parties can exercise their
rights to this software without having to pay for the privilege, and can
pass these rights on to other people on exactly the same basis as the
LICENSOR did to the LICENSEE.

3.3) The LICENSED SOFTWARE and the modifications generated by LICENSEE
shall remain the property of LICENSOR and no rights are granted to
LICENSEE, including but not limited neither copyright nor the right to
apply for industrial property rights, except as specified under section
3.1 and 3.2.

3.4) Without prior written consent of LICENSOR or an authorized partner,
LICENSEE is not allowed to:

a) use, copy or distribute the LICENSED SOFTWARE except as provided for
under sections 3.1 and 3.2.

b) provide commercial turn-key solutions based on the LICENSED SOFTWARE
or commercial services for the LICENSED SOFTWARE or its modifications to
any third party (e.g. software support or trainings).

c) use LICENSOR’s trademarks, e.g. DRBD®, LINBIT® (and logos) in any
manner for providing support and/or training for its products and/or
services.

d) use the LICENSORS trademarks mentioned under section 3.4 b) in any
manner that expresses or implies any legal association, affiliation,
sponsorship, endorsement certification or approval by the LICENSOR.

e) rent or lease the LICENSED SOFTWARE and DOCUMENTATION to any third
party except as provided for under sections 3.1 and 3.2.

f) modify, adapt, or translate the LICENSED SOFTWARE for any third party
except as provided for under sections 3.1 and 3.2.

3.5) The license under this License Agreement relates to the LICENSED
SOFTWARE.



4.) LIMITED WARRANTY AND LIABILITY

4.1) LICENSOR confirms that the LICENSED SOFTWARE has been developed
without infringement of any rights of third parties, in particular
patents, copyrights or other intellectual property rights of third
parties. Nevertheless LICENSOR does not warrant that the use of the
LICENSED SOFTWARE by LICENSEE does not infringe any third party
intellectual property rights.

4.2) LICENSEE is aware that there is a risk that the LICENSED SOFTWARE
might damage the data or the computer of the LICENSEE or even other
computers on the network in unpredictable ways. The use of the LICENSED
SOFTWARE is at the exclusive risk of the LICENSEE. LICENSOR does not
offer any warranty either expressed or implied and is not liable for any
damages resulting from the use of the LICENSED SOFTWARE or DOCUMENTATION
such as, but not limited to, data loss.

4.3) Notwithstanding sections 4.1 and 4.2, the liability of the
LICENSOR, its legal representatives and employees resulting from breach
of duty or tort is restricted to damages caused intentionally or by
gross negligence. In any case, the liability under this section is
limited by typical, foreseeable, direct damages. The liability is
unrestricted for damages of the body, life or health.


5.) MISCELLANEOUS

5.1 This License Agreement in English is the original one. The terms of
this Agreement can only be modified or amended in writing. In case of
interpretation controversies the terms of this Agreement shall prevail
over the respective terms of any other agreements.

5.2 Austrian law shall apply with the exception of such legal provisions
that make reference to the law of other countries.

5.3 Disputes, in particular those related to the formation or
dissolution of the contract, the contractual relation of the parties or
any claims arising thereunder, shall be decided by the court having
subject matter jurisdiction for the 1st district of Vienna (Austria).
However, if the LICENSEE’s registered office is not within the European
Union (EU) or within one of the EFTA States, all disputes shall be
finally settled in accordance with the Rules of Arbitration of the
International Chamber of Commerce (ICC) by one or more arbitrators
appointed in accordance with the said Rules; the place of arbitration
shall be Vienna; the language of arbitration shall be English.
Furthermore LICENSOR, shall also be entitled to bring proceedings
against the LICENSEE before any other court, e.g. before the LICENSEE’s
court of general jurisdiction.  The LICENSEE shall compensate the
LICENSOR for any costs necessary for bringing appropriate legal action,
in particular for attorneys’ fees, and for any pre-trial expenses
incurred by LICENSOR.


5.4 In case that one or several of the terms of this Agreement should be
or become invalid or unenforceable, the validity of the other terms
shall remain unaffected. In such a case, the parties shall replace the
invalid or unenforceable condition by another legally effective
provision meeting the purpose of the abolished provision to the greatest
extent. The same applies in case of a gap of regulation.

-- 
Roland Kammerer
+43 1 817 82 92 - 70
roland.kammerer@xxxxxxxxxx

LINBIT | Keeping the Digital World Running
DRBD – Corosync – Pacemaker