Subject: [Pkg-cacti-maint] Possible compatibility issue custom license versus GPL(2) in cacti

From: Paul Gevers <[email-masked]>
Date: Sat, 12 May 2012 11:19:51 +0200

Hi,

While working on the package cacti, I came across some files included in
that project where I am unsure of the distributability or compatibility
of the code, since the cacti project itself is under the GPL2 license.

The files in question are in the include/treeview folder which can be
viewed on-line at [1], i.e. ftiens4.js and ftiens4_export.js. As the
license for these files is not included in the project, but a link is
provided in the headers for these files, I took a look at the web-site
of the treeview project [2], where a link can be found to what I believe
are the two possible licenses for this source. I have copied the
Distributor's license below this e-mail. The part I am worried about is
this:
"""
    You are not authorized to download and/or use the TreeView source
code from this application for your own purposes.
"""

Could you please help me identifying if/what actions need to be taken?
If this license is incompatible with GPL2 I expect that I should at
least contact upstream about this license violation.

Paul

[1]
http://anonscm.debian.org/gitweb/?p=pkg-cacti/cacti.git;a=tree;f=include/treeview
[2] http://www.treeview.net/
[3] http://www.treeview.net/tv/license.asp

TreeView License: Distributor's License

This License For Customer Use of GubuSoft TreeView Software ("LICENSE")
is the agreement which governs use of the TreeView software by GubuSoft
(“GUBUSOFT”) downloadable herefrom, including computer software and
associated documentation ("SOFTWARE"). By downloading, installing,
copying, or otherwise using the SOFTWARE, you agree to be bound by the
terms of this LICENSE. If you do not agree to the terms of this LICENSE,
do not use the SOFTWARE.

GUBUSOFT grants Customer a royalty-free, perpetual license to use
SOFTWARE with unlimited server CPUs and internet domains. An unlimited
number of end users may access and use the SOFTWARE. Customer may
redistribute SOFTWARE subject to limitations. GUBUSOFT grants Customer
rights to modify the source code, for use within their application.

1. DEFINITIONS

1.1 Customer. Customer means the entity or individual that downloads the
SOFTWARE.

2. GRANT OF LICENSE

2.1 GUBUSOFT hereby grants Customer the following non-exclusive,
non-transferable right to use the SOFTWARE.

2.1.3 LIMITATIONS

Customer may not rent, lease, or transfer the rights to the SOFTWARE to
someone else.

Customer may redistribute and use SOFTWARE in source code form provided
(a) Customer Applications of SOFTWARE add primary and substantial
functionality, and are not merely a set or subset of any of the
functionality of the SOFTWARE, or a set or subset of any of the code or
other files of the SOFTWARE; (b) the source code retains all source code
comments, including all copyright notices, without modification; (c)
Customer includes a valid copyright notice on their Application; and (d)
Customer agrees to indemnify, hold harmless, and defend GubuSoft from
and against any claims or lawsuits, including attorneys' fees, that
arise or result from the use or distribution of Customer's Application.

Customer may redistribute and use SOFTWARE in binary form provided (a)
Customer Applications of SOFTWARE add primary and substantial
functionality, and are not merely a set or subset of any of the
functionality of the SOFTWARE, or a set or subset of any of the code or
other files of the SOFTWARE; (b) Customer agrees to indemnify, hold
harmless, and defend GubuSoft from and against any claims or lawsuits,
including attorneys' fees, that arise or result from the use or
distribution of Customer's Application; and (c) the following notices
are included in the documentation and/or other materials provided with
the Customer's Application:

    Copyright (C) 2006 Conor O'Mahony ([email-masked])

    All rights reserved.

    This application includes the TreeView script.

    You are not authorized to download and/or use the TreeView source
code from this application for your own purposes. For your own FREE copy
of the TreeView script, please visit the http://www.treeview.net Web site.

    THIS SOFTWARE IS PROVIDED "AS IS" AND WITHOUT ANY EXPRESS OR IMPLIED
WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

If Customer is using the free version of SOFTWARE, Customer must ensure
that the "JavaScript Tree Menu" link at the top of the TreeView is
visible and readable in their Web page or application.

Customer may not harm the GUBUSOFT intellectual property rights using
any media or via any electronic or other method now known or later
discovered.

Customer may not use the GubuSoft name, the name of the TreeView author,
or the names of any source code contributors to endorse or promote
products derived from this SOFTWARE without specific prior written
permission.

Customer may not utilize the SOFTWARE in a manner which is disparaging
to GUBUSOFT.

3. TERMINATION

This LICENSE will automatically terminate if Customer fails to comply
with any of the terms and conditions hereof. In such event, Customer
must destroy all copies of the SOFTWARE and all of its component parts.

Defensive Suspension. If Customer commences or participates in any legal
proceeding against GUBUSOFT, then GUBUSOFT may, in its sole discretion,
suspend or terminate all license grants and any other rights provided
under this LICENSE during the pendency of such legal proceedings.

4. COPYRIGHT

All title and copyrights in and to the SOFTWARE (including but not
limited to all images, photographs, animations, video, audio, music,
text, and other information incorporated into the SOFTWARE), the
accompanying printed materials, and any copies of the SOFTWARE, are
owned by GUBUSOFT. The SOFTWARE is protected by copyright laws and
international treaty provisions. Accordingly, Customer is required to
treat the SOFTWARE like any other copyrighted material, except as
otherwise allowed pursuant to this LICENSE and that it may make one copy
of the SOFTWARE solely for backup or archive purposes.

5. APPLICABLE LAW

This LICENSE shall be deemed to have been made in, and shall be
construed pursuant to, the laws of the State of California. The United
Nations Convention on Contracts for the International Sale of Goods is
specifically disclaimed.

6. DISCLAIMER OF WARRANTIES AND LIMITATION ON LIABILITY

6.1 No Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
THE SOFTWARE IS PROVIDED "AS IS" AND GUBUSOFT AND ITS SUPPLIERS DISCLAIM
ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE.

6.2 No Liability for Consequential Damages. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GUBUSOFT BE LIABLE FOR
ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS,
BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER
PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE
SOFTWARE, EVEN IF GUBUSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.

7. MISCELLANEOUS

If any provision of this LICENSE is inconsistent with, or cannot be
fully enforced under, the law, such provision will be construed as
limited to the extent necessary to be consistent with and fully
enforceable under the law. This LICENSE is the final, complete and
exclusive agreement between the parties relating to the subject matter
hereof, and supersedes all prior or contemporaneous understandings and
agreements relating to such subject matter, whether oral or written.
This LICENSE may only be modified in writing signed by an authorized
officer of GUBUSOFT.

8. ASSIGNMENT

GUBUSOFT may assign or otherwise transfer any of its rights or
obligations under this LICENSE agreement.