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A license that allows freedom of use, but also handles the commercialization side of things in a fair way. Unfortunately was rejected by the FSF as a free license and is GPL-incompatible.
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RudraveerMandal/ofl-v1.0
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The Open and Fair License (OFL) Version 1.0, July 2022 Copyright (C) Rudraveer Mandal Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed under the same name. Preamble It is nessecary to note that any mention of "free" in this license is used to designate both freedom of use and price. The licenses for most software are designed to take away your freedom to share and change it. But the open source licenses, make it hard to monetize your code. They allow huge companies to use your code in a proprietary program that earns them millions. By contrast, the Open and Fair License (OFL) is intended to guarantee your freedom to share and change free software--to make sure the software is free for all its users, but also making sure your code does not get misused for commercial purposes. When we speak of free software, we are referring to freedom of use, AND price. The Open and Fair 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, but nobody else can commercialize your software); that you receive source code or can get it if you want it; that you can change the software and use pieces of it in new free programs; and that you are informed that you can do these things. To protect your rights, we need to make restrictions that forbid distributors to deny you these rights or to ask you to surrender these rights. These restrictions translate to certain responsibilities for you if you distribute copies of the library or if you modify it. For example, if a project uses your code in their project, and decides to make it proprietary, it must make the file that uses your code to be open source. If any project, both proprietary OR open source, commercializes their code which uses your software, they must buy rights to your code. To protect each distributor, we want to make it very clear that there is no warranty for the free code. Also, if the code is modified by someone else and passed on, the recipients should know that what they have is not the original version, so that the original author's reputation will not be affected by problems that might be introduced by others. But both the original code author and the modifier will be paid a certain amount if the end-user of that code needs to buy the rights of the code. This money should be fixed by negotiation between the parties. Finally, software patents pose a constant threat to the existence of any free program. We wish to make sure that a company cannot effectively restrict the users of a free program by obtaining a restrictive license from a patent holder. Therefore, we insist that any patent license obtained for a version of the code must be consistent with the full freedom of use specified in this license. The combination of open source and proprietary code is legally speaking a combined work. The Open and Fair License therefore permits such mixing only if the proprietary code makes any part which uses the code open source. If the other part of code is used for commercial use, the parties that created the open and proprietary code must come to terms about the pricing to buy the rights for that open code. The precise terms and conditions for copying, distribution and modification follow. Pay close attention to the difference between a "work based on the code" and a "work that uses the code". The former is used when software is derived from the original code and parts of the original code are treated as code in the derived software. The latter is used when the software uses the original code as internals (for example, a language or common library). OPEN AND FAIR LICENSE TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION, MODIFICATION AND COMMERCIALIZATION 0. This License Agreement applies to any software program which contains a notice placed by the copyright holder or other authorized party saying it may be distributed under the terms of this Open and Fair License (also called "this License"). Each licensee is addressed as "you". "Source code" for a work means the preferred form of the work for making modifications to it. For any software, 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 software. Activities other than copying, distribution, modification, commercialization are not covered by this License; they are outside its scope. The act of running a program using the code is not restricted, and output from such a program is covered only if its contents constitute a work based on the code (independent of the use of the code in a tool for writing it). Whether that is true depends on what the code does and what the program that uses the code does. 1. You may copy and distribute verbatim copies of the code's complete 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 distribute a copy of this License along with the Library. You cannot commercialize the code if you have not modified any parts of it. Only the creator of the code can monetize code that has no modifications to their original code. 2. You may modify your copy or copies of the code or any portion of it, thus forming a work based on the code, and copy and distribute such modifications or work under the terms of Section 1 above, provided that you also meet both of these conditions: a) You must cause the files modified to carry prominent notices stating that you changed the files and the date of any change. b) You must buy the rights of the code from the original author at a negotiated price if you want to use that code in a software that will be commercialized. These requirements apply to the modified work as a whole. If identifiable sections of that work are not derived from the code, 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 code, 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 code. 3. You may copy and distribute the code (or a portion or derivative of it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you 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. The redistributed code must be commercialized by only the author if no modifications are made. If modifications are made, the code can only be commercialized once the rights are bought. If distribution of 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 satisfies the requirement to distribute the source code, even though third parties are not compelled to copy the source along with the object code. 4. You must give prominent notice with each copy of the work that the code is used in it and that the code and its use are covered by this License. You must supply a copy of this code. If the work during execution displays copyright notices, you must include the copyright notice for other code among them, as well as a reference directing the user to the copy of this License. Also, you must do one of these things: a) Accompany the work with the complete corresponding machine-readable source code for the code including whatever changes were used in the work (which must be distributed under Sections 1 and 2 above); and, if the work is an executable linked with the Library, with the complete machine-readable "work that uses the Library", as object code and/or source code, so that the user can modify the Library and then relink to produce a modified executable containing the modified Library. (It is understood that the user who changes the contents of definitions files in the Library will not necessarily be able to recompile the application to use the modified definitions.) Use a suitable shared library mechanism for linking with the Library. b) A suitable mechanism is one that (1) uses at run time a copy of the code already present on the user's computer system, rather than copying code functions into the executable, and (2) will operate properly with a modified version of the code, if the user installs one, as long as the modified version is interface-compatible with the version that the work was made with. For an executable, the required form of the "work that uses the code" must include any data and utility programs needed for reproducing the executable from it. However, as a special exception, the materials to be 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. 5. You may place library facilities that are a work based on the code side-by-side in a single library together with other library facilities not covered by this License, and distribute such a combined code, provided that the separate distribution of the work based on the Library and of the other library facilities is otherwise permitted, and provided that you do these two things: a) Accompany the combined code with the same work based on the code, uncombined with any other library facilities. This must be distributed under the terms of the Sections above. b) Give prominent notice with the combined code of the fact that part of it is a work based on the Library, and explaining where to find the accompanying uncombined form of the same work. 6. If you are going to use this license, use it in an unedited form. If the license is modified, the license can no longer be called The Open and Fair License. The name must be changed or removed. 7. Each time you redistribute the code (or any work based on the code), the recipient automatically receives a license from the original licensor to copy, distribute, link with or modify the code 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 with this License. 8. 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 code at all. For example, if a patent license would not permit royalty-free redistribution of the code 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 code. 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. 9. If the distribution and/or use of the code is restricted in certain countries either by patents or by copyrighted interfaces, the original copyright holder who places the code 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. 10. Rudraveer Mandal may publish revised and/or new versions of the Open and Fair 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 code 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. If the Library does not specify a license version number, you may choose any version ever published. 11. If the author of the code decides to change the license to any other open source license, he may do so without the consent of other contributors. But a change to a proprietary license must require a vote among the contributors with more than 50% of the votes agreeing to make the software proprietary. NO WARRANTY 12. BECAUSE THE CODE IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE CODE, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE CODE "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 CODE IS WITH YOU. SHOULD THE CODE PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. 13. 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 CODE 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 CODE (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 LIBRARY TO OPERATE WITH ANY OTHER SOFTWARE), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. END OF TERMS AND CONDITIONS How to Apply These Terms to Your New Program If you develop a program, and you want it to be of the greatest possible use to the public, we recommend making it free software that everyone can redistribute and change, meanwhile also making sure your program doesn't get taken advantage of. You can do so by permitting redistribution under these terms. To apply these terms, attach the following notices to the code. It is safest to attach them to the start of each source file to most effectively convey the exclusion of warranty; and each file should have at least the "copyright" line and a pointer to where the full notice is found. <one line to give the software's name and a brief idea of what it does.> Copyright (C) <year> <name of author> This code is free software; you can redistribute it and/or modify it under the terms of the Open and Fair License License as published by; either version 1.0 of the License, or (at your option) any later version. This code is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the Open and Fair License for more details. You should have received a copy of the Open and Fair License along with this code. Also add information on how to contact you by electronic and paper mail. You should also get your employer (if you work as a programmer) or your school, if any, to sign a "copyright disclaimer" for the library, if necessary. Here is a sample; alter the names: Yoyodyne, Inc., hereby disclaims all copyright interest in the program `Frob' (a library for tweaking knobs) written by James Random Hacker. <signature of Ty Coon>, 15 August 1947 Ty Coon, President of Vice That's all there is to it!
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A license that allows freedom of use, but also handles the commercialization side of things in a fair way. Unfortunately was rejected by the FSF as a free license and is GPL-incompatible.
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