Licensing/Vita Nuova Liberal Source License

Fedora Notes
This license is free, but GPL-incompatible. It was originally found at: http://www.vitanuova.com/inferno/liblicence.txt but that URL is gone. A copy of the latest available version from archive.org has been preserved here for reference.

License Text
VITA NUOVA LIBERAL SOURCE LICENCE 29 May 2003 IMPORTANT NOTICE - READ CAREFULLY: This  Licence  Agreement (``LICENCE'') is  a legal agreement between you as an indi- vidual person or organisation (``YOU'') and Vita Nuova Hold- ings Limited (``VITA NUOVA'') (having an office at 3 Innova- tion Close, York Science Park, University Road, York England YO10 5ZF),  for  all or any portion of the software product accompanying this LICENCE, which includes computer software in binary and source code form, other information and docu- mentation (``LICENSED SOFTWARE''), where a notice  declares that this LICENCE applies. By copying (except for the sole purpose of making a  backup copy), using, modifying, or distributing all or part of YOUR copy of the LICENSED SOFTWARE YOU accept all the terms  and conditions of this LICENCE. Distribution includes allowing others to use YOUR copy directly or indirectly (eg, over  a computer network). YOU may cancel this LICENCE without explanation or  penalty by ceasing  to copy, use, modify or distribute the LICENSED SOFTWARE. Subject to the restrictions and conditions in Clause 2 below and to third party intellectual property claims YOU MAY for commercial or  non-commercial  purposes  on  a  world-wide, royalty-free, non-exclusive and perpetual basis (subject to Clause 3): 1.1. make ADAPTATIONS of the LICENSED SOFTWARE in binary or      source  code  form. ADAPTATIONS means  any work (ie      code, document, etc) based on the LICENSED SOFTWARE or      any part of it, for example (i) any work incorporating the LICENSED SOFTWARE or any part of it, (ii) any work incorporating any modified form of the LICENSED SOFT- WARE or any part of it (eg where the LICENSED SOFTWARE     is  rewritten in a different computer language or con-      verted to operate on a  different  type  of  CPU),  or      (iii)  any  work  otherwise  covered  by  any  of VITA NUOVA's or any third  party's  intellectual  property rights in the LICENSED SOFTWARE. 1.2. use, copy and distribute the LICENSED SOFTWARE  and/or ADAPTATIONS in  binary  or  source code form provided that each copy of the LICENSED SOFTWARE  and  ADAPTA- TIONS shall  retain  without  change  a  copy of this LICENCE and all notices related to it and retain  all existing copyright  notices in files and directories. Where non-trivial extracts are taken from the LICENSED SOFTWARE YOU  must ensure the extracts contain appro- priate copyright notices based on the existing  copy- right notices pertaining to the files and/or directo- ries from which the extracts were taken  including  a      reference to this LICENCE. 1.3. choose to offer and to make a charge for support, war- ranties, indemnity  or liability obligations (``Addi-      tional Terms'') provided  always  that  YOU  may  only offer such Additional Terms on YOUR own behalf and as      YOUR exclusive responsibility and  not  on  behalf  of      VITA  NUOVA. If YOU offer Additional Terms YOU must offer them under an agreement of  YOUR  own  separate from this  one. YOU must obtain YOUR sub-licensees agreement that any Additional Terms are offered by YOU alone and  YOU hereby agree to indemnify, defend hold harmless VITA NUOVA its servants and agents  for  any liability arising  directly or indirectly as a result of any such Additional Terms. YOU shall have the right to determine  the  form  and content of any non-exclusive sub-licence provided that YOU are in compliance with the terms of this  licence and that YOUR sub-licence does not attempt to limit or     change the recipient's rights in the LICENSED SOFTWARE and licence  conditions  from those set forth in this LICENCE in this Clause 1 and in Clause 2. YOUR right to grant  such  sub-licence  is always subject to the terms of this LICENCE with VITA NUOVA. YOU agree that in the event of any conflict or inconsistency between any provision of this  LICENCE  and  any  sub-licence granted under this Clause, this LICENCE shall prevail. All rights not specifically and expressly granted under this LICENCE are reserved by VITA NUOVA. Notwithstanding Clause 1 above: 2.1. If YOU distribute the LICENSED SOFTWARE or any ADAPTA- TIONS of  it  to any other party in any form, with or      without fee, YOU MUST make the  complete  source  code including any  ADAPTATIONS available to that party in      any mutually convenient form and license its use, mod- ification, copying, and redistribution under terms no      more restrictive than  those  of  Clause  1  and  this Clause 2 of this LICENCE. 2.2. If YOU use the LICENSED SOFTWARE or any ADAPTATIONS of      it  as  the  basis  or as supporting software for YOUR software (``APPLICATION'') and YOU make the  APPLICA- TION available for use by any other party in any form, with or without fee, YOU MUST make the complete source code of the APPLICATION available to that party in any mutually convenient form and license its use, modifi- cation, copying,  and  redistribution  under terms no      more restrictive than  those  of  Clause  1  and  this Clause 2 of this LICENCE. 3.1. This LICENCE is effective until  terminated. Without prejudice to  any  other  rights,  VITA NUOVA has the option to terminate this LICENCE by written notice if      YOU  fail to comply with any term or condition of this LICENCE. Further, YOU agree upon any termination  of      this  LICENCE to cease to use it in any manner whatso- ever. 3.2. All sub-licences of  the  LICENSED  SOFTWARE  and  any ADAPTATIONS validly granted to third parties pursuant to the terms of this LICENCE shall survive any termi- nation of this LICENCE. Those terms of this LICENCE, which by their nature survive the termination of this LICENCE, shall remain in effect beyond any termination of this LICENCE. 4.1. The LICENSED SOFTWARE is protected  by  copyright  law and international treaty provisions. YOU acknowledge that all rights, title and  interest  (including  but      without  limitation  all intellectual property rights) in the LICENSED SOFTWARE will  remain  the  exclusive property of VITA NUOVA or its suppliers, and YOU will not acquire any rights to the LICENSED SOFTWARE other than those  expressly  set out in this LICENCE. VITA NUOVA and  its  suppliers  reserve  all  rights   not expressly granted  to  YOU, and no other licences are granted or implied. 4.2. Subject to Clause 4.1 above, YOU shall own all  rights title and interest in any intellectual property rights resulting from YOUR creation of ADAPTATIONS and addi- tions to the LICENSED SOFTWARE. 5.1. TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE  LAW VITA NUOVA  PROVIDES THE LICENSED SOFTWARE ON AN ``AS IS'' BASIS AND DOES NOT WARRANT OR REPRESENT THAT THE LICENSED SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE LICENSED SOFTWARE WILL BE  UNIN- TERRUPTED  OR  ERROR-FREE  OR  THAT  DEFECTS  IN  THE LICENSED SOFTWARE WILL BE  CORRECTED. THE LICENSED SOFTWARE MAY CONTAIN IN WHOLE OR IN PART PRE-RELEASE, UNTESTED OR NOT FULLY TESTED SOFTWARE. YOU EXPRESSLY AGREE THAT  THE  USE  OF THE LICENSED SOFTWARE OR ANY PORTION THEREOF IS AT YOUR SOLE AND ENTIRE RISK. THE LICENSED SOFTWARE IS PROVIDED WITHOUT UPGRADES OR SUP- PORT OF ANY KIND AND VITA NUOVA AND ITS SUPPLIERS DIS- CLAIM ALL  WARRANTIES,  EITHER  EXPRESS  OR  IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND/OR CONDITIONS OF  MERCHANTABILITY,  SATISFACTORY QUALITY AND FITNESS  FOR  A  PARTICULAR  PURPOSE   AND   NON- INFRINGEMENT OF THIRD PARTY RIGHTS, WITH REGARD TO THE LICENSED SOFTWARE AND THE ACCOMPANYING WRITTEN MATERI- ALS. 5.2. NOTHING IN THIS LICENCE LIMITS VITA NUOVA'S  LIABILITY TO YOU  IN  THE  EVENT  OF  DEATH  OR PERSONAL INJURY RESULTING FROM THE NEGLIGENCE OR  WILFUL  DEFAULT  OF      VITA NUOVA. 6.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,  IN      NO  EVENT  SHALL VITA NUOVA OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES OR LOSS WHATSOEVER INCLUDING BUT  NOT LIMITED TO  DIRECT,  INDIRECT, SPECIAL, CONSEQUENTIAL LOSS OR DAMAGE, AND LOSS OF BUSINESS AND/OR  PROFITS, LOSS OF  USE, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR DATA, OR ANY OTHER FINANCIAL LOSS ARIS- ING OUT  OF  THE  USE  OF OR THE INABILITY TO USE THE LICENSED SOFTWARE AND/OR ANY ADAPTATIONS, EVEN IF VITA NUOVA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAM- AGES. IN ANY CASE, VITA NUOVA'S AND  ITS  SUPPLIERS' ENTIRE LIABILITY  UNDER THIS LICENCE SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR  THE  LICENSED SOFTWARE. 7.1. YOU agree that the laws of England shall apply to  any dispute arising from this LICENCE. YOU agree for the benefit of VITA NUOVA that the Courts of England have exclusive jurisdiction  to  hear and decide any suit, action or proceedings (``Proceedings''), and to settle any disputes, which may arise out of or in connection with this LICENCE and, for these purposes YOU irrevo- cably submit  to  the  jurisdiction  of  the  English Courts. 7.2. The submission to  the  jurisdiction  of  the  English Courts does  not limit VITA NUOVA's right to take any Proceedings in any one or more jurisdictions, nor does the taking of Proceedings by VITA NUOVA in any one or      more jurisdictions preclude VITA NUOVA taking Proceed- ings in another jurisdiction if and to the extent per- mitted by applicable law. 8.1. This is the entire  agreement  between  YOU  and  VITA NUOVA which  supersedes any prior agreement or under- standing whether written or oral relating to the sub- ject matter of this LICENCE. 8.2. YOU will in all YOUR dealings with the LICENSED  SOFT- WARE and  any  ADAPTATIONS act as an independent con- tractor. Nothing in this LICENCE will be construed as     creating  an  agency,  partnership, or any other legal association between YOU and VITA NUOVA and  YOU  will not represent that YOU have any authority to assume or     create any obligation express or implied on behalf  of      VITA NUOVA. 8.3. A person who is not a party to this LICENCE shall have no rights  pursuant to the Contracts (Rights of Third      Parties) Act 1999 (the ``Act'') to enforce any term of      this  LICENCE provided that a person who is the lawful successor to or permitted assignee of the rights of a      party  is  considered  to  be a party to this LICENCE. Any right or remedy of a third party which exists  or      is available apart from the Act is not affected. 8.4. VITA NUOVA may from time to time and at its sole  dis- cretion publish  a revised and/or new version of this LICENCE which shall then govern the licensing of  all copies of  LICENSED  SOFTWARE  supplied by VITA NUOVA after the posting of such  revised  or  new  licence. Should YOU  have any questions regarding this LICENCE or wish to contact VITA NUOVA for any reason visit our web site at www.vitanuova.com for contact details.