[Fedora-legal-list] OpenPBS license

Garrick Staples garrick at usc.edu
Thu Aug 16 05:14:42 UTC 2007


The license for TORQUE is under the OpenPBS license and isn't in the Fedora list of approved licenses, so I am sending it to you for review.  The license text is attached.

Note that only points 3-6 must be met as the others have expired in 2001.

points 3 and 4 are met because none required notices have been removed.

point 5 is met by, at least, the Addendum at the bottom of the file.

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        OpenPBS (Portable Batch System) v2.3 Software License

Copyright (c) 1999-2000 Veridian Information Solutions, Inc.
All rights reserved.

---------------------------------------------------------------------------
For a license to use or redistribute the OpenPBS software under conditions
other than those described below, or to purchase support for this software,
please contact Veridian Systems, PBS Products Department ("Licensor") at:

   www.OpenPBS.org  +1 650 967-4675                  sales at OpenPBS.org
                       877 902-4PBS (US toll-free)
---------------------------------------------------------------------------

This license covers use of the OpenPBS v2.3 software (the "Software") at
your site or location, and, for certain users, redistribution of the
Software to other sites and locations.  Use and redistribution of
OpenPBS v2.3 in source and binary forms, with or without modification,
are permitted provided that all of the following conditions are met.
After December 31, 2001, only conditions 3-6 must be met:

1. Commercial and/or non-commercial use of the Software is permitted
   provided a current software registration is on file at www.OpenPBS.org.
   If use of this software contributes to a publication, product, or
   service, proper attribution must be given; see www.OpenPBS.org/credit.html

2. Redistribution in any form is only permitted for non-commercial,
   non-profit purposes.  There can be no charge for the Software or any
   software incorporating the Software.  Further, there can be no
   expectation of revenue generated as a consequence of redistributing
   the Software.

3. Any Redistribution of source code must retain the above copyright notice
   and the acknowledgment contained in paragraph 6, this list of conditions
   and the disclaimer contained in paragraph 7.

4. Any Redistribution in binary form must reproduce the above copyright
   notice and the acknowledgment contained in paragraph 6, this list of
   conditions and the disclaimer contained in paragraph 7 in the
   documentation and/or other materials provided with the distribution.

5. Redistributions in any form must be accompanied by information on how to
   obtain complete source code for the OpenPBS software and any
   modifications and/or additions to the OpenPBS software.  The source code
   must either be included in the distribution or be available for no more
   than the cost of distribution plus a nominal fee, and all modifications
   and additions to the Software must be freely redistributable by any party
   (including Licensor) without restriction.

6. All advertising materials mentioning features or use of the Software must
   display the following acknowledgment:

    "This product includes software developed by NASA Ames Research Center,
    Lawrence Livermore National Laboratory, and Veridian Information Solutions,
    Inc.  Visit www.OpenPBS.org for OpenPBS software support,
    products, and information."

7. DISCLAIMER OF WARRANTY

THIS SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ANY EXPRESS
OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
ARE EXPRESSLY DISCLAIMED.

IN NO EVENT SHALL VERIDIAN CORPORATION, ITS AFFILIATED COMPANIES, OR THE
U.S. GOVERNMENT OR ANY OF ITS AGENCIES BE LIABLE FOR ANY DIRECT OR INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA,
OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF
LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

This license will be governed by the laws of the Commonwealth of Virginia,
without reference to its choice of law rules.

Addendum
To obtain complete source code for OpenPBS and modifications/additions
provided in torque visit www.openpbs.org and/or
www.supercluster.org/downloads.
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