License header clarification

[TC01]

I've been working on getting spasm-ng packaged for Fedora. A question has come up in the package review, namely: while the license file is a copy of GPLv2, there aren't actually license headers on most of the files in the repo.

I was asked to seek clarification.

Are all the files that aren't part of either stringencoders, gmp, the generated Visual Studio files, and the actual z80 assembly includes actually under the GPL? If so, any chance license headers could be added?

That is to say, everything but:

• gmp.h
• modp_ascii.{h, cpp}
• SPASM.*
• The contents of the inc/ directory.

Clarification would be greatly appreciated. I'd like to have a z80 assembler available in Fedora.

[alberthdev]

First and foremost, thank you for packaging this for Fedora!

Regarding licensing, I was under the impression that the entire codebase (from the original SPASM) is GPLv2. That said, I just confirmed from their GitHub that it is indeed GPLv2 (see: official website admin linking to the repo and LICENSE on said repo). Combining the contributions to form SPASM-ng, this project as a whole should be pretty much GPLv2, with the exceptions you've listed above.

The only major licensing issue left is the inc/ directory. I got the source files from the Wabbit IDE website, which would presumably make the inc/ files (at least, the SPASM helper includes) GPLv2. However, considering that developers use the includes, this might not make too much sense... since technically the developers using SPASM-ng are not necessarily licensing their program as GPLv2 (and many traditionally have not). We'll need to ask the original developers about this (or do more hunting for a potential license).

Finally, the more interesting files in there: the inc/ti*.inc includes. I found a more complete license header here, but the license seems very vague. It only lists what you can't do, not what you can (permission). We will have to locate the original package that had the ti83plus.inc include in order to see what the EULA had to say about it.

[tari]

The original source for the include files would be the official SDK (Wayback machine link because education.ti.com is 503ing for me right now). However, that same page has a direct link to ti83plus.inc as a separate item so it's unclear if the license for the entire SDK applies to that file as well.

[TC01]

The original source for the include files would be the official SDK (Wayback machine link because education.ti.com is 503ing for me right now). However, that same page has a direct link to ti83plus.inc as a separate item so it's unclear if the license for the entire SDK applies to that file as well.

So, I tried to open the License there but just got a redirect back to the original page. Are you able to actually view the license terms via the Wayback Machine? If so, could you paste them?

[adriweb]

You can view the source of the page to see it ;)
Here it is, just in case:

Texas Instruments Software Development Kit
End-User License Agreement

Read this license agreement before installing the Software Development Kit ("SDK") on your computer. By installing the SDK, you acknowledge acceptance of the terms of this license. The software program and text materials from TI that support the SDK are licensed, not sold. If you do not agree with the terms and conditions of this license, exit the installation process now.

**LICENSE AND TERM (Single User)**

Texas Instruments Incorporated and its subsidiaries (TI) and/or any applicable licensors (collectively referred to as Licensor) grant to you a personal, non-exclusive, non-transferable license to use the software program, in whatever form, and any related documentation (collectively referred to as the Program) on a single central processing unit. You may make one copy of the software for backup and archival purposes. You agree to reproduce all copyright and proprietary notices shown in the Program.

THIS PROGRAM IS PROTECTED BY UNITED STATES COPYRIGHT LAW AND INTERNATIONAL TREATY PROVISIONS. UNAUTHORIZED COPYING, REVERSE COMPILING, OR DISASSEMBLY IS PROHIBITED. TITLE TO THE PROGRAM WILL AT ALL TIMES REMAIN WITH LICENSOR.

The use of this Program requires you to install a ROM image from a TI graphing calculator that you own. The ROM image is protected by copyright.

The restrictions in this license are for the benefit of any party who holds title to any part of the Program.

You may not lease, rent, sublicense, assign, or otherwise transfer the Program without the prior written consent of TI. All rights not expressly granted are reserved by the Licensor.

**WARRANTY DISCLAIMER AND DAMAGES LIMITATIONS**

Licensor does not warrant the Program will be free from errors or will meet your specific requirements. Any statements made concerning the utility of the Program are not to be construed as express or implied warranties.

LICENSOR MAKES NO CONDITIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE PROGRAM AND MAKES THE PROGRAM AVAILABLE ON AN "AS IS" BASIS. IN JURISDICTIONS WHICH ALLOW TEXAS INSTRUMENTS TO LIMIT ITS LIABILITY, THEN TI�S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT ALLOWED UNDER THE APPLICABLE LEGISLATION. THIS PARAGRAPH EXPRESSES LICENSOR'S MAXIMUM LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY.

LICENSOR SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES CAUSED BY THE USE OF THE PROGRAM, SUFFERED OR INCURRED BY YOU OR ANY OTHER PARTY INCLUDING BUT NOT LIMITED TO INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Because some states, provinces or territories do not allow the exclusion or limitation of incidental or consequential damages or limitation on how long an implied warranty lasts, the above limitations or exclusions may not apply to you.

**GENERAL**

This license will immediately terminate if you fail to comply with its terms, Upon any termination of this license, you agree to destroy the original copy of the Program and all whole or partial copies of the Program in your possession and so certify in writing to TI.

The Program may be subject to export regulations by the United States Government. Prior to export or re-export, you agree to obtain any licenses which may be required under the applicable laws of the United States.

The Program is provided with Restricted Rights. Use, duplication or disclosure by the United States Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or in subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable.

Manufacturer is Texas Instruments Incorporated, 7800 Banner Drive, Dallas, Texas 75251.

[TC01]

Well... that doesn't seem promising, if it does apply to the include file.

EDIT: I wrote legal@lists.fedoraproject.org about the license terms on ti83plus.inc last night; someone suggested in a response that might be possible to get in touch with TI directly and straighten out the licensing here? I'm not sure that's likely to be helpful though.

[adriweb]

I'm not sure the whole SDK license applies to the .inc file though. THey're talking about "installing the SDK" and whatnot ; it's not like you can install a text file.
So... ?

[TC01]

I think the only way it would apply is if it fell under the heading of "any related documentation". But I agree, I'm not sure either.

Also, here's a link to the discussion on the Fedora legal list.

[alberthdev]

I think we may need to email TI to ask for clarification, as this may be the only way to know for sure. (It looks like the idea of doing that was mentioned on @TC01's link!) If they are still sticking to that license, maybe potentially ask really, really nicely to open source it under a liberal license...