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
"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®
"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
[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
[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
[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
[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
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:
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
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
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
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
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
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
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.