[Mono-list] AppServer code is posted

Steven Balthazor stevenbalthazor@hotmail.com
Sun, 12 Jan 2003 14:57:14 -0700


This is a multi-part message in MIME format.

------=_NextPart_000_0039_01C2BA4A.E4B2E230
Content-Type: text/plain;
	charset="iso-8859-1"
Content-Transfer-Encoding: quoted-printable

I hope this is more along the lines of advice and guidance.  This is my =
take
on the licensing issues involved.  I don't wish to intentionally provide =
any
opinions about the "goodness" or "badness" of the licenses involved, =
just my
understanding of how the issues apply in this case. I am not a lawyer =
just a
developer who has read many license agreements; so I am interested to =
hear
what others may say about this issue.

I haven=92t looked at the Appserver source code yet to see what you have
redistributed (and as you will see later in my discussion even if I did =
look
at your source code, only you may know what can be redistributed); =
however,
I did take a look at the Cassini stuff as well as some other "free"
Microsoft software a couple of weeks ago when I last looked at your app
server (basically because you referenced it in your site).

I downloaded and installed the Cassini server; the EULA which is used to
"click-wrap" the software (i.e. you can't install it until you agree to =
it)
is attached.  Read it carefully; especially section 2.2; I like to refer =
to
this as the Microsoft Anti-Open-Source License agreement.  Basically you =
can
use their code for your own purposes, and can even re-distribute it =
inside
your own product (even sell your product) as long as you don't =
redistribute
your product as open source software (they don't say it directly, but =
that
is my interpretation of their legalese--read the last part of paragraph
2.2).=20

If your intention is to use the Cassini server temporarily to create =
other
functionality and then later plug in some other open source product =
(mono or
something else) to take the place of the Cassini server then your code =
can
remain open sourced; as long as your code does not directly include any =
of
the Cassini code; however you are not able to redistribute any =
components of
the Cassini server (you could however provide a link to the Cassini =
server
for those who wish to try your functionality).

You have to be very careful to keep from infringing on Microsoft's =
property;
most open source projects are very good about identifying each source =
file
as being covered by the appropriate open source license; Microsoft just
includes the clause:

/*=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D
=A0 Copyright (C) Microsoft Corporation.=A0 All rights reserved.
=A0
  THIS CODE AND INFORMATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY
  KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE
  IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A
  PARTICULAR PURPOSE.
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D*/

However the click wrap agreement that you agreed to when you first =
installed
the software is truly the defining agreement.

It would appear that microsoft uses a similar license agreement on all =
of
its "ASP.Net Source Projects" on www.asp.net; so anyone looking to use =
these
projects (http://www.asp.net/Default.aspx?tabindex=3D7&tabid=3D41) =
should be
aware of the restrictions.

Regards,
Steven Balthazor


------=_NextPart_000_0039_01C2BA4A.E4B2E230
Content-Type: text/plain;
	name="cassini_eula.txt"
Content-Transfer-Encoding: quoted-printable
Content-Disposition: attachment;
	filename="cassini_eula.txt"

END-USER LICENSE AGREEMENT FOR MICROSOFT SOFTWARE
IMPORTANT-READ CAREFULLY: This End-User License Agreement (=93EULA=94) =
is a legal agreement between you (either an individual or a single =
entity) and Microsoft Corporation for the Microsoft software that =
accompanies this EULA, which includes computer software and may include =
associated media, printed materials, =93online=94 or electronic =
documentation, and Internet-based services (=93Software=94).  An =
amendment or addendum to this EULA may accompany the Software.  YOU =
AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR =
OTHERWISE USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, =
OR USE THE SOFTWARE.

1.	GRANT OF LICENSE.  Microsoft grants you the following rights provided =
that you comply with all terms and conditions of this EULA:
	1.1	Microsoft grants you a personal, nonexclusive, royalty-free license =
to install and use the Software for design, development, and testing =
purposes.  You may install and use the Software on an unlimited number =
of computers so long as you are the only individual using the Software.
1.2	Solely with respect to those portions of the Software identified as =
sample images or sample web pages (=93MS Samples=94), Microsoft also =
grants you  a limited, nonexclusive, royalty-free license to: (a) use =
and modify the source code version of those portions of the MS Samples =
for the sole purposes of designing, developing, and testing your =
software product(s), and (b)  to reproduce and distribute the MS =
Samples, along with any modifications thereof, in object and/or source =
code form.  For applicable redistribution requirements for MS Samples, =
see Section 2 below.
2.	DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS=20
2.1	If you choose to redistribute the MS Samples, you agree:  (i) to =
distribute the MS Samples only as a part of a software application =
product developed by you (=93Licensee Software=94); (ii)  not to use =
Microsoft's name, logo, or trademarks to market the Licensee Software; =
(iii) to display your own valid copyright notice which shall be =
sufficient to protect Microsoft's copyright in the MS Samples; (iv) to =
indemnify, hold harmless, and defend Microsoft from and against any =
claims or lawsuits, including attorney's fees, that arise or result from =
the use or distribution of the Licensee Software; (v) not to permit =
further distribution of the MS Samples by your end users; and (vi) that =
Microsoft reserves all rights not expressly granted. =20
2.2	If you use the MS Samples, then the following also applies.  Your =
license rights to the MS Samples are conditioned upon your (i) not =
incorporating Identified Software into, or combining Identified Software =
with, the MS Samples or a derivative work thereof; (ii) not distributing =
Identified Software in conjunction with the MS Samples or a derivative =
work thereof; and (iii) not using Identified Software in the development =
of a derivative work of the MS Samples.  =93Identified Software=94 means =
software which is licensed pursuant to terms that directly or indirectly =
(A) create, or purport to create, obligations for Microsoft with respect =
to the MS Samples or derivative work thereof or (B) grant, or purport to =
grant, to any third party any rights or immunities under Microsoft's =
intellectual property or proprietary rights in the MS Samples or =
derivative work thereof.  Identified Software includes, without =
limitation, any software that requires as a condition of its use, =
modification and/or distribution, that any other software incorporated =
into, derived from or distributed with such software must also be (1) =
disclosed or distributed in source code form; (2) licensed for the =
purpose of making derivative works; or (3) redistributable at no charge. =
=20
3.	RESERVATION OF RIGHTS AND OWNERSHIP.  Microsoft reserves all rights =
not expressly granted to you in this EULA.  The Software is protected by =
copyright and other intellectual property laws and treaties. Microsoft =
or its suppliers own the title, copyright, and other intellectual =
property rights in the Software.  The Software is licensed, not sold.
4.	LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY.  =
You may not reverse engineer, decompile, or disassemble the Software, =
except and only to the extent that such activity is expressly permitted =
by applicable law notwithstanding this limitation.
5.	SUPPORT SERVICES.   No technical support will be provided for the =
Software.
6.	LINKS TO THIRD PARTY SITES.  You may link to third party sites =
through the use of the Software.  The third party sites are not under =
the control of Microsoft, and Microsoft is not responsible for the =
contents of any third party sites, any links contained in third party =
sites, or any changes or updates to third party sites.  Microsoft is not =
responsible for webcasting or any other form of transmission received =
from any third party sites.  Microsoft is providing these links to third =
party sites to you only as a convenience, and the inclusion of any link =
does not imply an endorsement by Microsoft of the third party site.
7.	ADDITIONAL SOFTWARE/SERVICES.  This EULA applies to updates, =
supplements, add-on components, or Internet-based services components, =
of the Software that Microsoft may provide to you or make available to =
you after the date you obtain your initial copy of the Software, unless =
we provide other terms along with the update, supplement, add-on =
component, or Internet-based services component.  Microsoft reserves the =
right to discontinue any Internet-based services provided to you or made =
available to you through the use of the Software. =20
8.	U.S. GOVERNMENT LICENSE RIGHTS. All Software provided to the U.S. =
Government pursuant to solicitations issued on or after December 1, 1995 =
is provided with the commercial license rights and restrictions =
described elsewhere herein.  All Software provided to the U.S. =
Government pursuant to solicitations issued prior to December 1, 1995 is =
provided with =93Restricted Rights=94 as provided for in FAR, 48 CFR =
52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as =
applicable.=20
9.	EXPORT RESTRICTIONS.  You acknowledge that the Software is subject to =
U.S. export jurisdiction.  You agree to comply with all applicable =
international and national laws that apply to the Software, including =
the U.S. Export Administration Regulations, as well as end-user, =
end-use, and destination restrictions issued by U.S. and other =
governments.   For additional information see =
<http://www.microsoft.com/exporting/>.
10.	SOFTWARE TRANSFER.  The initial user of the Software may make a =
one-time permanent transfer of this EULA and Software to another end =
user, provided the initial user retains no copies of the Software.  This =
transfer must include all of the Software (including all component =
parts, the media and printed materials, any upgrades, this EULA, and, if =
applicable, the Certificate of Authenticity).  The transfer may not be =
an indirect transfer, such as a consignment.  Prior to the transfer, the =
end user receiving the Software must agree to all the EULA terms.
11.	TERMINATION.  Without prejudice to any other rights, Microsoft may =
terminate this EULA if you fail to comply with the terms and conditions =
of this EULA. In such event, you must destroy all copies of the Software =
and all of its component parts.
12.	DISCLAIMER OF WARRANTIES.   To the maximum extent permitted by =
applicable law, Microsoft and its suppliers provide TO YOU the  =
Software, and support services (if any) AS IS AND WITH ALL FAULTS; and =
Microsoft and its suppliers hereby disclaim all OTHER warranties and =
conditions, whether express, implied or statutory, including, but not =
limited to, any (if any) IMPLIED warranties, DUTIES or conditions of =
MERCHANTABILITY, OF fitness for a particular purpose, OF RELIABILITY OR =
AVAILABILITY, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OF =
WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE, ALL =
WITH REGARD TO THE  SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE =
SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT =
THROUGH THE  SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE  =
SOFTWARE.  also, there is no warranty or condition of title, quiet =
enjoyment, quiet possession, correspondence to description or =
non-infringement with regard to the  Software. =20
13.	EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES.  =
To the maximum extent permitted by applicable law, in no event shall =
Microsoft or its suppliers be liable for any special, incidental, =
punitive, indirect, or consequential damages whatsoever (including, but =
not limited to, damages for loss of profits or confidential or other =
information, for business interruption, for personal injury, for loss of =
privacy, for failure to meet any duty including of good faith or of =
reasonable care, for negligence, and for any other pecuniary or other =
loss whatsoever) arising out of or in any way related to the use of or =
inability to use the PRODUCT, the provision of or failure to provide =
Support OR OTHER Services, informaton, software, and related CONTENT =
through the product or otherwise arising out of the use of the product, =
or otherwise under or in connection with any provision of this EULA, =
even in the event of the fault, tort (including negligence), =
misrepresentation, strict liability, breach of contract or breach of =
warranty of Microsoft or any supplier, and even if Microsoft or any =
supplier has been advised of the possibility of such damages.=20
14.	LIMITATION OF LIABILITY AND REMEDIES.  Notwithstanding any damages =
that you might incur for any reason whatsoever (including, without =
limitation, all damages referenced above and all direct or general =
damages IN CONTRACT OR ANYTHING ELSE), the entire liability of Microsoft =
and any of its suppliers under any provision of this Supplemental EULA =
and your exclusive remedy for all of the foregoing shall be limited to =
the greater of the ACTUAL DAMAGES YOU INCUR IN REASONABLE RELIANCE ON =
THE SOFTWARE UP TO THE AMOUNT actually paid by you for the  Software or =
U.S.$5.00.  The foregoing limitations, exclusions and disclaimers shall =
apply to the maximum extent permitted by applicable law, even if any =
remedy fails its essential purpose.
15.	APPLICABLE LAW.  If you acquired this Software in the United States, =
this EULA is governed by the laws of the State of Washington.  If you =
acquired this Software in Canada, unless expressly prohibited by local =
law, this EULA is governed by the laws in force in the Province of =
Ontario, Canada; and, in respect of any dispute which may arise =
hereunder, you consent to the jurisdiction of the federal and provincial =
courts sitting in Toronto, Ontario. If you acquired this Software in the =
Eurpean Union, Iceland, Norway , or Switzerland, then local law applies. =
 If you acquired this Software in any other country,  then local law may =
apply.=20
16.	ENTIRE AGREEMENT; SEVERABILITY.  This EULA (including any addendum =
or amendment to this EULA which is included with the Software) are the =
entire agreement between you and Microsoft relating to the Software and =
the support services (if any) and they supersede all prior or =
contemporaneous oral or written communications,  proposals and =
representations with respect to the Software or any other subject matter =
covered by this EULA.  To the extent the terms of any Microsoft policies =
or programs for support services conflict with the terms of this EULA, =
the terms of this EULA shall control.  If any provision of this EULA is =
held to be void, invalid, unenforceable or illegal, the other provisions =
shall continue in full force and effect.

------=_NextPart_000_0039_01C2BA4A.E4B2E230--