BOINC: lib/cal.h license issue agree with the DFSG?

Fri Jan 1 20:46:27 UTC 2010

Hi

In the #debian-devel channel, Nicolás Álvarez ask about this BOINC's
license issue, and in the pkg-boinc-devel team want to know your
opinion:

The BOINC source code were debianized to packages that meet the DFSG,
and the Copyright include only compatible licenses (discarding all the
files that don't comply with the DFSG from the Debian packages). Now,
the doubt is in the lib/cal.h file, because includes the "license"
pasted at the end of this message.

My personal opinion is that this license is agree with the DFSG, because
it says: "This license does not affect any ownership, rights, title, or
interest in, or relating to, this material", so I think that the purpose
of this, is to not guarantee this software and avoid lawsuits about any
problem in the use of this.

Of course, my knowledge about legal concepts is very limited, so I
appreciate any comment to give us in the team an argument about this,
and of course, the tranquility that BOINC packages are agree with the
DFSG.

Thanks in advance and Best Regards!

P.S. Please keep in the answer the CC to the Debian BOINC Maintainers
Team.

/* ============================================================

Redistribution and use of this material is permitted under the following
conditions:

Redistributions must retain the above copyright notice and all terms of
this
license.

In no event shall anyone redistributing or accessing or using this
material
commence or participate in any arbitration or legal action relating to
this
material against Advanced Micro Devices, Inc. or any copyright holders
or
contributors. The foregoing shall survive any expiration or termination
of
this license or any agreement or access or use related to this material.

ANY BREACH OF ANY TERM OF THIS LICENSE SHALL RESULT IN THE IMMEDIATE
REVOCATION
OF ALL RIGHTS TO REDISTRIBUTE, ACCESS OR USE THIS MATERIAL.

THIS MATERIAL IS PROVIDED BY ADVANCED MICRO DEVICES, INC. AND ANY
COPYRIGHT
HOLDERS AND CONTRIBUTORS "AS IS" IN ITS CURRENT CONDITION AND WITHOUT
ANY
REPRESENTATIONS, GUARANTEE, OR WARRANTY OF ANY KIND OR IN ANY WAY
RELATED TO
SUPPORT, INDEMNITY, ERROR FREE OR UNINTERRUPTED OPERATION, OR THAT IT IS
FREE
FROM DEFECTS OR VIRUSES.  ALL OBLIGATIONS ARE HEREBY DISCLAIMED -
WHETHER
EXPRESS, IMPLIED, OR STATUTORY - INCLUDING, BUT NOT LIMITED TO, ANY
IMPLIED
WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
ACCURACY, COMPLETENESS, OPERABILITY, QUALITY OF SERVICE, OR
NON-INFRINGEMENT.
IN NO EVENT SHALL ADVANCED MICRO DEVICES, INC. OR ANY COPYRIGHT HOLDERS
OR
CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE,
EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,
PROCUREMENT
OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, REVENUE, DATA, OR PROFITS;
OR
BUSINESS INTERRUPTION) HOWEVER CAUSED OR BASED ON ANY THEORY OF
LIABILITY
ARISING IN ANY WAY RELATED TO THIS MATERIAL, EVEN IF ADVISED OF THE
POSSIBILITY
OF SUCH DAMAGE. THE ENTIRE AND AGGREGATE LIABILITY OF ADVANCED MICRO
DEVICES,
INC. AND ANY COPYRIGHT HOLDERS AND CONTRIBUTORS SHALL NOT EXCEED TEN
DOLLARS
(US $10.00). ANYONE REDISTRIBUTING OR ACCESSING OR USING THIS MATERIAL
ACCEPTS
THIS ALLOCATION OF RISK AND AGREES TO RELEASE ADVANCED MICRO DEVICES,
INC. AND
ANY COPYRIGHT HOLDERS AND CONTRIBUTORS FROM ANY AND ALL LIABILITIES,
OBLIGATIONS, CLAIMS, OR DEMANDS IN EXCESS OF TEN DOLLARS (US $10.00).
THE
FOREGOING ARE ESSENTIAL TERMS OF THIS LICENSE AND, IF ANY OF THESE TERMS
ARE
CONSTRUED AS UNENFORCEABLE, FAIL IN ESSENTIAL PURPOSE, OR BECOME VOID OR
DETRIMENTAL TO ADVANCED MICRO DEVICES, INC. OR ANY COPYRIGHT HOLDERS OR
CONTRIBUTORS FOR ANY REASON, THEN ALL RIGHTS TO REDISTRIBUTE, ACCESS OR
USE
THIS MATERIAL SHALL TERMINATE IMMEDIATELY. MOREOVER, THE FOREGOING SHALL
SURVIVE ANY EXPIRATION OR TERMINATION OF THIS LICENSE OR ANY AGREEMENT
OR
ACCESS OR USE RELATED TO THIS MATERIAL.

NOTICE IS HEREBY PROVIDED, AND BY REDISTRIBUTING OR ACCESSING OR USING
THIS
MATERIAL SUCH NOTICE IS ACKNOWLEDGED, THAT THIS MATERIAL MAY BE SUBJECT
TO
RESTRICTIONS UNDER THE LAWS AND REGULATIONS OF THE UNITED STATES OR
OTHER
COUNTRIES, WHICH INCLUDE BUT ARE NOT LIMITED TO, U.S. EXPORT CONTROL
LAWS SUCH
AS THE EXPORT ADMINISTRATION REGULATIONS AND NATIONAL SECURITY CONTROLS
AS
DEFINED THEREUNDER, AS WELL AS STATE DEPARTMENT CONTROLS UNDER THE U.S.
MUNITIONS LIST. THIS MATERIAL MAY NOT BE USED, RELEASED, TRANSFERRED,
IMPORTED,
EXPORTED AND/OR RE-EXPORTED IN ANY MANNER PROHIBITED UNDER ANY
APPLICABLE LAWS,
INCLUDING U.S. EXPORT CONTROL LAWS REGARDING SPECIFICALLY DESIGNATED
PERSONS,
COUNTRIES AND NATIONALS OF COUNTRIES SUBJECT TO NATIONAL SECURITY
CONTROLS.
MOREOVER, THE FOREGOING SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF
ANY
LICENSE OR AGREEMENT OR ACCESS OR USE RELATED TO THIS MATERIAL.

NOTICE REGARDING THE U.S. GOVERNMENT AND DOD AGENCIES: This material is
provided with "RESTRICTED RIGHTS" and/or "LIMITED RIGHTS" as applicable
to
computer software and technical data, respectively. Use, duplication,
distribution or disclosure by the U.S. Government and/or DOD agencies is
subject to the full extent of restrictions in all applicable
regulations,
including those found at FAR52.227 and DFARS252.227 et seq. and any
successor
regulations thereof. Use of this material by the U.S. Government and/or
DOD
agencies is acknowledgment of the proprietary rights of any copyright
holders
and contributors, including those of Advanced Micro Devices, Inc., as
well as
the provisions of FAR52.227-14 through 23 regarding privately developed
and/or
commercial computer software.

This license forms the entire agreement regarding the subject matter
hereof and
supersedes all proposals and prior discussions and writings between the
parties
with respect thereto. This license does not affect any ownership,
rights, title,
or interest in, or relating to, this material. No terms of this license
can be
modified or waived, and no breach of this license can be excused, unless
done
so in a writing signed by all affected parties. Each term of this
license is
separately enforceable. If any term of this license is determined to be
or
becomes unenforceable or illegal, such term shall be reformed to the
minimum
extent necessary in order for this license to remain in effect in
accordance
with its terms as modified by such reformation. This license shall be
governed
by and construed in accordance with the laws of the State of Texas
without
regard to rules on conflicts of law of any state or jurisdiction or the
United
Nations Convention on the International Sale of Goods. All disputes
arising out
of this license shall be subject to the jurisdiction of the federal and
state
courts in Austin, Texas, and all defenses are hereby waived concerning
personal
jurisdiction and venue of these courts.

============================================================ */

-- 
Fernando C. Estrada       http://www.fcestrada.com
fcestrada at fcestrada.com  4096R/C6E0F4B8 2009-11-14
B750 A96F 3A33 2CBA 7871  5BD0 C2FB E9BD C6E0 F4B8
-------------- next part --------------
A non-text attachment was scrubbed...
Name: not available
Type: application/pgp-signature
Size: 836 bytes
Desc: This is a digitally signed message part
URL: <http://lists.alioth.debian.org/pipermail/pkg-boinc-devel/attachments/20100101/6e23775b/attachment.pgp>