Affero General Public License

 

 

Affero General Public License
Note: This license was obtained on June 29, 2011 from http://www.affero.org/oagpl.html

AFFERO GENERAL PUBLIC LICENSE

Version 1, March 2002

Copyright © 2002 Affero Inc.

510 Third Street – Suite 225, San Francisco, CA 94107, USA

This license is a modified version of the GNU General Public License

copyright (C) 1989, 1991 Free Software Foundation, Inc. made with their

permission. Section 2(d) has been added to cover use of software over a

computer network.

Everyone is permitted to copy and distribute verbatim copies of this

license document, but changing it is not allowed.

Preamble

The licenses for most software are designed to take away your freedom to

share and change it. By contrast, the Affero 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 Public License

applies to most of Affero’s software and to any other program whose

authors commit to using it. (Some other Affero 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.

This General Public License is 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.

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 Affero 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.)

* d) If the Program as you received it is intended to interact with users

through a computer network and if, in the version you received, any user

interacting with the Program was given the opportunity to request

transmission to that user of the Program’s complete source code, you must

not remove that facility from your modified version of the Program or work

based on the Program, and must offer an equivalent opportunity for all

users interacting with your Program through a computer network to request

immediate transmission by HTTP of the complete source code of your

modified version or other derivative work.

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. Affero Inc. may publish revised and/or new versions of the Affero

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 Affero, Inc.

If the Program does not specify a version number of this License, you may

choose any version ever published by Affero, Inc.

You may also choose to redistribute modified versions of this program

under any version of the Free Software Foundation’s GNU General Public

License version 3 or higher, so long as that version of the GNU GPL

includes terms and conditions substantially equivalent to those of this

license.

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 Affero, Inc.,

write to us; 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.

NO WARRANTY

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.