SCO would rather you volunteer to buy their license online, so they don't have to risk going after you by mail or using threats, maybe... those pesky laws being how they are. Or maybe they hope to escape the bonds of the GPL this way. Or just maybe they are about to sue some folks, and they'll make them an offer they can't refuse: pay for a license instead of a lawsuit -- it's cheaper. It might have worked at one time, but after all the indemnification floating around, I can't see it.
But it's up to you, gang. If you want 'em, you can have 'em. Licenses! Fresh licenses for sale! They accept credit cards. Do check the EULA, though. No indemnification. Eeek. Oh, and you have to agree to their expansive definition of what their code is made up of. And then there is that little matter of your firstborn.
Or, you could take a look at the GPL, which they have available in its "unconstitutional" glory right here. Ah, the almighty GPL. I'm sure they love having to put that up on their site. And the reason they display it would be what, again?
There is a job opening at SCO, in their PR department, as an intern. "Job Requirements: Excellent writing and verbal skills." Being a verbal smoothie would definitely be a necessity for that kind of work, and no doubt that happy intern will get lots of practical on-the-job training they can tell their grandkids about some day.
Here's my version of their EULA. As you can see, they are obviously just horsing around. They start out pretending to be serious, but by the middle, it's slapstick comedy. I've rendered their jokes in red text, as well as points to note, like a red flag. My reaction is in blue. Then I've put the GPL, taken from their website, just for comparison, at the end.
THE SCO GROUP, INC.
INTELLECTUAL PROPERTY LICENSE
[There really is no such thing in the law. There is copyright. There are patents. Trade secrets. So which is this? They never actually tell you. Any contract lawyers out there care to comment on vague contract terms? Even in the definitions section, there is no definition for "Intellectual Property". The definition for "SCO IP" is that it means "SCO Intellectual Property". Hmm. A puzzle. How playful.]
IMPORTANT, READ CAREFULLY ALL TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT ("AGREEMENT") WHICH HAS BEEN PROVIDED TO YOU AND IS INCLUDED WITH THE CERTIFICATE OF LICENSE AUTHENTICITY ("COLA"). BY EXERCISING YOUR RIGHTS UNDER THIS LICENSE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND IT, AND YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE RIGHTS GRANTED HEREUNDER IN ANY MANNER.
YOU UNDERSTAND AND AGREE THAT SCO MAKES NO GRANT OF RIGHTS OR WARRANTIES OF ANY KIND EXPRESSED OR IMPLIED WITH RESPECT TO ANY SOFTWARE OTHER THAN THE SCO INTELLECTUAL PROPERTY DEFINED BY THIS AGREEMENT.
This Agreement does not include any rights to access, use, modify or distribute any SCO source code in any form under any licensing arrangement.
[This is the no peeking, no touching, give-up-the-GPL clause, none of that modifying it so it actually does what you need and want. Just sit still and behave, like a good, passive consumer, and take what they give you and like it, too. If you agree to this clause, wouldn't you essentially be agreeing not to peek at any kernel code at all at the moment, since we don't exactly know which lines are involved? And even if we knew what they were alleging with specificity, we don't know what the courts will rule, so why would we voluntarily give up GPL rights we already have? And pay for it too? I notice they don't stop using GPL'd software while they wait for a ruling. And they've been charged with continuing to distribute it, including the kernel, so what's the deal here? We don't hate the GPL. It's proprietary software companies who hate the GPL. It benefits the rest of us. And that phrase "under any licensing arrangement"... I guess that means forget about telling them they already released it to you under the GPL. Psst. I think they did, though. So do some folks in Australia. So do IBM and Red Hat.]
"Agreement" is the contract between you ("You") and The SCO Group, Inc. ("SCO"), relating to the rights acquired by You. The Agreement comprises (i) this document, (ii) any amendments agreed by both You and SCO in writing and (iii) any additional terms and conditions included in the COLA. Such additional terms may pertain, without limitation, to the following: term, fees and payment, number of permitted CPUs, registration requirements, restriction on runtime environment and transfer of Your rights.
"Code" shall mean computer programming instructions.
"CPU " shall mean a single physical computer processor.
"Desktop System" means a single user computer workstation controlled by a single instance of the Operating System. It may provide personal productivity applications, web browsers and other client interfaces (e.g., mail, calendering, instant messaging, etc). It may not host services for clients on other systems.
"Method" shall mean the human or machine methodology for, or approach to, design, structure, modification, upgrade, de-bugging, tuning, improvement, or adaptation of Code.
[Try that sentence using just one of the endings at a time, as in "'Method' shall mean the human or machine methodology for, or approach to, upgrade."]
"Object Code" shall mean the Code that results when Source Code is processed by a software compiler and is directly executable by a computer. "Operating System" shall mean software operating system Code (or Code that substantially performs the functions of an operating system) that is a distribution, rebranding, modification or derivative work of the Linux® operating system.
"SCO IP" shall mean the SCO intellectual property included in its UNIX-based Code in Object Code format licensed by SCO under SCO’s standard commercial license.
[Say, what? By "intellectual property", you mean exactly what?}
"Software" shall mean the Operating System in Object Code format.
[In their dreams. They are redefining the word software to mean not source code. How strange. It starts as source code. Software to them is binary CDs you buy in a box. Like detergent. Or bottled water. Then you use it for its intended use. Then you buy more. From them.]
"Source Code" shall mean the human-readable form of the Code and related system documentation, including all comments and any procedural language.
[Huh? Comments are source code? I didn't know that. Procedural language...]
"System" shall mean a computer system, containing the licensed CPUs, controlled by a single instance of the Operating System.
[None of that dual booting, you pirates.]
"UNIX-based Code" shall mean any Code or Method that: (i) in its literal or non-literal expression, structure, format, use, functionality or adaptation (ii) is based on, developed in, derived from or is similar to (iii) any Code contained in or Method devised or developed in (iv) UNIX System V or UnixWare®, or (v) any modification or derivative work based on or licensed under UNIX System V or UnixWare.
[This is where I got it. They're just horsing around, trying to come up with the worst license ever known to man since the founding of the world so nobody actually buys it. I can see the legal team rolling on the floor as each new phrase sprang to mind. "We'll say our stuff is both code AND methods!" "Oh, great one, I bow before you, sir. Hahahahahaha." "Wait...how about 'in literal and NONLITERAL form'?" "Oh, stop! You're killing me." "I can top you all. Take this: 'that is based on, developed in, derived from or IS SIMILAR TO any code contained in OR METHOD DEVISED OR DEVELOPED'." "Oh, that's rich! Stop! I can't breathe! So funny."
"Update" shall mean the updates or revisions in Object Code format of the Software that You may receive. Update shall not include any alteration, modification or derivative work of the Operating System prepared by You.
[ "Heh heh. Take this: our victims.. er...customers can't update. 'Kay? They can only RECEIVE revisions in object code!" "Perfect! Ha ha ha. When there is a security alert, they'll be helpless and we'll bring them to their knees. We can send them revisions any time we feel like it. Maybe six months later, like Microsoft. Take it or leave it." (cough) (sputter) "Heh heh. I know. They have to raise their hand to go to the bathroom. No? Too much?" "No, no! We'll say it's implied in the license. Ha ha ha."]
GRANT OF RIGHTS AND OBLIGATIONS
Provided You comply fully with this Grant of Rights and Obligations, SCO will not consider such use of the SCO IP licensed by You under this Agreement to be in violation of SCO's intellectual property ownership or rights.
[This is what you are buying. They won't sue you. An offer you can't refuse.]
SCO grants You and You accept from SCO, the following limited, non-exclusive rights. This Agreement does not grant a right to receive any distribution of software from SCO or any other third party. You are not granted any other rights except for the rights specifically set forth herein. You acknowledge that, subject only to the rights specifically granted herein, all rights, title, and interest in the SCO IP shall remain at all times the property of SCO. The SCO IP is protected by copyright, under local law and under international copyright conventions.
[This is an attempt, I think to squeeze around the GPL.]
Provided You pay the applicable license fee and complete the required registration of the COLA, SCO grants You the right to use all, or portions of, the SCO IP only as necessary to use the Operating System on each System for which the appropriate CPUs have been licensed from SCO as designated on the COLA, for the applicable server or desktop system. You must take reasonable means to assure that the number of CPUs does not exceed the permitted number of CPUs. The rights licensed by this Agreement are limited to the use of the SCO IP in conjunction with the Operating System solely in Object Code format. Right to use licenses for Desktop Systems are not usable for, or transferable for use, with other Systems.
LIMITATION OF WARRANTY
SCO WARRANTS THAT IT IS EMPOWERED TO GRANT THE RIGHTS GRANTED HEREIN. SCO does not warrant that the function contained in SCO IP will MEET YOUR requirements or that its operation will be uninterrupted or error free.
[How can they warrant they have the rights when they don't know yet if they have copyright ownership? And they don't know -- although the rest of us may have a clue -- if the GPL will stand, in which case they just might not have any such rights. This must be one of those clauses you had to be in the room and hear discussed to know what they are thinking.]
ALL WARRANTIES, TERMS, CONDITIONS, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO THE SOFTWARE, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY ANY PARTY OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY IMPLIED WARRANTY OF NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS) ARE HEREBY OVERRIDDEN, EXCLUDED AND DISCLAIMED. SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE OR COUNTRY TO COUNTRY.
[What? No indemnification? A certain analyst who has no name might be interested to know about this. That's not a suggestion.]
LIMITATION OF LIABILITY
[Good grief. None of that either?]
UNDER NO CIRCUMSTANCES WILL SCO OR ITS REPRESENTATIVES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON YOUR CLAIMS OR THOSE OF YOUR CUSTOMERS (INCLUDING BUT NOT LIMITED TO, CLAIMS FOR LOSS OF DATA, GOODWILL, PROFITS, USE OF MONEY OR USE OF THE SCO PRODUCTS, INTERRUPTION IN USE OR AVAILABILITY OF DATA, STOPPAGE OF OTHER WORK OR IMPAIRMENT OF OTHER ASSETS), ARISING OUT OF BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, EXCEPT ONLY IN THE CASE OF PERSONAL INJURY WHERE AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY. IN NO EVENT WILL THE AGGREGATE LIABILITY WHICH SCO MAY INCUR IN ANY ACTION OR PROCEEDING EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO SCO FOR THE LICENSE OF THE SCO PRODUCT THAT DIRECTLY CAUSED THE DAMAGE.
[I take it if their software makes my house burn down, I get to sue if I am injured physically, although not for the house, just for my injuries. If *their* house burns down, or other difficulties arise, like they lose all their lawsuits and I find out they had no right to offer this license in the first place, I get my money back only if I find some way around this paragraph's exclusions of pretty much everything. They know you won't sue them for only what you paid for the license, anyway, which is why they limit their damages to that, because no lawyer would be likely to take the case. (Unless he uses GNU/Linux and just feels inspired by it.) It costs more than a thousand just to go to court with the worst lawyer in the country, so if the relief is $699, let's say, well, you do the law firm math.]
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
TERM AND TERMINATION
This license shall remain in effect until terminated as set forth herein. You may terminate this Agreement, without right to refund, by notifying SCO of such termination. SCO may terminate this Agreement, upon reasonable notice and without judicial or administrative resolution, if You or any of Your employees or consultants breach any term or condition hereof.
[They mean, I gather, that they don't have to sue you. They just cut your air hose. You can't sue them, presumably, in their Wonderland, because you agreed to this clause. No refund it is.]
Upon the termination of this Agreement for any reason, all rights granted to You hereunder will cease.
[What about your obligations? That's not even going into the fact that they just told you they can drop you any time they please if they say you have breached and they don't have to sue you and thus prove your violation in court. ]
You may not assign, sublicense, rent, lend, lease, pledge or otherwise transfer or encumber the SCO IP, this Agreement or Your rights or obligations hereunder.
[When they say you can't share, they mean for life. Get over it. There's no free lunch. You can't get your money back from them and you can't get it back by selling the license on eBay either, I gather. You're stuck with the license for life and you might as well be buried with it. A desperate man might breach and hope to get cut off by SCO, but otherwise, it's with you, and only you, for life.]
All notices or approvals required or permitted under this Agreement must be given in writing. Any waiver or modification of this Agreement will not be effective unless executed in writing and signed by SCO. This Agreement will bind Your successors-in-interest. This Agreement is governed by the laws of the State of Utah, U.S.A.; excluding (i) Utah’s choice of law principles and (ii) the United Nations Convention on Contracts for the International Sale of Goods. If any provision of this Agreement is held to be unenforceable, in whole or part, such holding will not affect the validity of the other provisions of this Agreement.
So forget some sleight-of-hand corporate passing of the license on to a merciful corporate friend in a "Reorganization Agreement" and don't try dying and leaving your license to your kids and think that they can sell it on eBay either. If they try any funny business, SCO gets to drag them and your corpse before a Utah firing squad. Don't forget your firstborn.
So, how do you like it? They have to threaten to sue to get customers to take such a wonderful license as this? Surely, now we'll all buy one. No? What do you want? Egg in your beer? I didn't know SCO had such a sense of humor. But this was great. I bet if you tested my immune system, you'd find it rocketed upward. Nothing like a good laugh. When you are ready to be serious, reread the definition of "Method" and then the "Unix-based Code" definition and put them together in every possible combination. And just for comparison, here's the GPL, taken from SCO's website, so you know what your choices are:
So, how do you like it? They have to threaten to sue to get customers to take such a wonderful license as this? Surely, now we'll all buy one. No? What do you want? Egg in your beer?
I didn't know SCO had such a sense of humor. But this was great. I bet if you tested my immune system, you'd find it rocketed upward. Nothing like a good laugh.
When you are ready to be serious, reread the definition of "Method" and then the "Unix-based Code" definition and put them together in every possible combination. And just for comparison, here's the GPL, taken from SCO's website, so you know what your choices are:
GNU GENERAL PUBLIC LICENSE
Version 2, June 1991
Copyright (C) 1989, 1991 Free Software Foundation, Inc.
59 Temple Place, Suite 330, Boston, MA 02111-1307 USA
Everyone is permitted to copy and distribute verbatim copies
of this license document, but changing it is not allowed.
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. This General Public License applies to most of the Free Software Foundation's software and to any other program whose authors commit to using it. (Some other Free Software Foundation software is covered by the GNU Library General Public License instead.) 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 restrictions that forbid anyone to deny you these rights or to ask you to surrender the rights. These restrictions translate to certain responsibilities for you 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.
We protect your rights with two steps: (1) copyright the software, and (2) offer you this license which gives you legal permission to copy, distribute and/or modify the software.
Also, for each author's protection and ours, we want to make certain that everyone understands that there is no warranty for this free software. If the software is modified by someone else and passed on, we want its recipients to know that what they have is not the original, so that any problems introduced by others will not reflect on the original authors' reputations.
Finally, any free program is threatened constantly by software patents. We wish to avoid the danger that redistributors of a free program will individually obtain patent licenses, in effect making the program proprietary. To prevent this, we have made it clear that any patent must be licensed for everyone's free use or not licensed at all.
The precise terms and conditions for copying, distribution and modification follow.
GNU GENERAL PUBLIC LICENSE
TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
0. This License applies to any program or other work which contains a notice placed by the copyright holder saying it may be distributed under the terms of this General Public License. The "Program", below, refers to any such program or work, and a "work based on the Program" means either the Program or any derivative work under copyright law: that is to say, a work containing the Program or a portion of it, either verbatim or with modifications and/or translated into another language. (Hereinafter, translation is included without limitation in the term "modification".) Each licensee is addressed as "you".
Activities other than copying, distribution and modification are not covered by this License; they are outside its scope. The act of running the Program is not restricted, and the output from the Program is covered only if its contents constitute a work based on the Program (independent of having been made by running the Program). Whether that is true depends on what the Program does.
1. You may copy and distribute 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 and disclaimer of warranty; keep intact all the notices that refer to this License and to the absence of any warranty; and give any other recipients of the Program a copy of this License along with the Program.
You may charge a fee for the physical act of transferring a copy, and you may at your option offer warranty protection in exchange for a fee.
2. You may modify your copy or copies of the Program or any portion of it, thus forming a work based on the Program, and copy and distribute such modifications or work under the terms of Section 1 above, provided that you also meet all of these conditions:
a) You must cause the modified files to carry prominent notices stating that you changed the files and the date of any change.
b) You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this License.
c) If the modified program normally reads commands interactively when run, you must cause it, when started running for such interactive use in the most ordinary way, to print or display an announcement including an appropriate copyright notice and a notice that there is no warranty (or else, saying that you provide a warranty) and that users may redistribute the program under these conditions, and telling the user how to view a copy of this License. (Exception: if the Program itself is interactive but does not normally print such an announcement, your work based on the Program is not required to print an announcement.)
These requirements apply to the modified work as a whole. If identifiable sections of that work 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 distribute them as separate works. But when you distribute the same sections as part of a whole which is a work based on the Program, the distribution of the whole must be on the terms of this License, whose permissions for other licensees extend to the entire whole, and thus to each and every part regardless of who wrote it.
Thus, it is not the intent of this section to claim rights or contest your rights to work written entirely by you; rather, the intent is to exercise the right to control the distribution of derivative or collective works based on the Program.
In addition, mere aggregation of another work not based on the Program with the Program (or with a work based on the Program) on a volume of a storage or distribution medium does not bring the other work under the scope of this License.
3. You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you also do one of the following:
a) Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,
b) Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,
c) Accompany it with the information you received as to the offer to distribute corresponding source code. (This alternative is allowed only for noncommercial distribution and only if you received the program in object code or executable form with such an offer, in accord with Subsection b above.)
The source code for a work means the preferred form of the work for making modifications to it. For an executable work, complete source code means all the source code for all modules it contains, plus any associated interface definition files, plus the scripts used to control compilation and installation of the executable. However, as a special exception, the source code distributed need not include anything that is normally distributed (in either source or binary form) with the major components (compiler, kernel, and so on) of the operating system on which the executable runs, unless that component itself accompanies the executable.
If distribution of executable or object code is made by offering access to copy from a designated place, then offering equivalent access to copy the source code from the same place counts as distribution of the source code, even though third parties are not compelled to copy the source along with the object code.
4. You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance.
5. You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to modify or distribute the Program or its derivative works. These actions are prohibited by law if you do not accept this License. Therefore, by modifying or distributing the Program (or any work based on the Program), you indicate your acceptance of this License to do so, and all its terms and conditions for copying, distributing or modifying the Program or works based on it.
6. Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties to this License.
7. If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), 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 distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Program at all. For example, if a patent license would not permit royalty-free redistribution of the Program by all 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 distribution of the Program.
If any portion of this section is held invalid or unenforceable under any particular circumstance, the balance of the section is intended to apply and the section as a whole is intended to apply in other circumstances.
It is not the purpose of this section to induce you to infringe any patents or other property right claims or to contest validity of any such claims; this section has the sole purpose of protecting the integrity of the free software distribution system, which is implemented by public license practices. Many people have made generous contributions to the wide range of software distributed through that system in reliance on consistent application of that system; it is up to the author/donor to decide if he or she is willing to distribute software through any other system and a licensee cannot impose that choice.
This section is intended to make thoroughly clear what is believed to be a consequence of the rest of this License.
8. If the distribution 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 distribution limitation excluding those countries, so that distribution 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.
9. The Free Software Foundation may publish revised and/or new versions of the 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 a version number of this License which applies to it and "any later version", you have the option of following the terms and conditions either of that 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.
10. If you wish to incorporate parts of the Program into other free programs whose distribution conditions are different, 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.
11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, 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.
12. 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 REDISTRIBUTE 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
How to Apply These Terms to Your New Programs
If you develop a new program, and you want it to be of the greatest possible use to the public, the best way to achieve this is to make it free software which everyone can redistribute and change under these terms.
To do so, attach the following notices to the program. It is safest to attach them to the start of each source file to most effectively convey the exclusion of warranty; and each file should have at least the "copyright" line and a pointer to where the full notice is found.
This program is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License as published by the Free Software Foundation; either version 2 of the License, or (at your option) any later version.
This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License for more details.
You should have received a copy of the GNU General Public License along with this program; if not, write to the Free Software Foundation, Inc., 59 Temple Place, Suite 330, Boston, MA 02111-1307 USA
Also add information on how to contact you by electronic and paper mail.
If the program is interactive, make it output a short notice like this when it starts in an interactive mode:
Gnomovision version 69, Copyright (C) year name of author Gnomovision comes with ABSOLUTELY NO WARRANTY; for details type `show w'. This is free software, and you are welcome to redistribute it under certain conditions; type `show c' for details.
The hypothetical commands `show w' and `show c' should show the appropriate parts of the General Public License. Of course, the commands you use may be called something other than `show w' and `show c'; they could even be mouse-clicks or menu items--whatever suits your program.
You should also get your employer (if you work as a programmer) or your school, if any, to sign a "copyright disclaimer" for the program, if necessary. Here is a sample; alter the names:
Yoyodyne, Inc., hereby disclaims all copyright interest in the program `Gnomovision' (which makes passes at compilers) written by James Hacker.
, 1 April 1989
Ty Coon, President of Vice
This General Public License does not permit incorporating your program into proprietary programs. If your program is a subroutine library, you may consider it more useful to permit linking proprietary applications with the library. If this is what you want to do, use the GNU Library General Public License instead of this License.