Noel Software License
Noel License Version 1.0
Copyright (c) 2002-2003 Michael McDonald. All rights reserved.
An up-to-date copy of this License is maintained at
THE ACCOMPANYING SOFTWARE IS PROVIDED UNDER THE TERMS OF THIS LICENSE
("AGREEMENT"). ANY USE, REPRODUCTION, OR DISTRIBUTION OF THE PROGRAM
CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
"License" means this document.
"Copyright Holder" means Michael McDonald.
"Contributor" means the Copyright Holder or any other entity that distributes
"Recipient" means anyone who receives the Software under this Agreement.
"Original Software" means the original version of the software accompanying
this Agreement as released by the Copyright Holder, including source code,
object code and documentation, if any.
"Original Code" means the computer software code included in the Original
"Modification" means any addition to or deletion from the substance or
structure of the Software performed by a Contributor other than the
Copyright Holder. When Software is distributed as a series of files, a
i) Any addition to or deletion from the contents of a file containing
Original Code or previous Modifications.
ii) Any new file that contains any part of the Original Code or previous
"Software" means the Original Software and any Modifications.
"Reasonable Copying Fee" means a fee that can be justified on the basis of
media cost, duplication charges, time of people involved, and so on.
"Commercial Product" means a software product that integrates with or bundles
the Software which is sold or licensed for more than $0.
The Copyright Holder grants Recipients the following royalty-free,
a) Recipients have the right to unrestricted use of the Software in source and
b) Recipients may make copies of the Software.
c) Recipients may create Modifications of the Software.
3. DISTRIBUTION RIGHTS
The Copyright Holder grants Contributors the following royalty-free,
non-exclusive rights, provided the Obligations in section 5 are met:
a) Contributors may distribute Modifications and integrate or bundle the
Software with non-commercial products.
b) Contributors may charge a Reasonable Copying Fee for the copying and
distribution of Software.
4. DISTRIBUTION LIMITATIONS
a) Contributors may NOT integrate or bundle the Software with a Commercial
Product. If you wish to license Noel for inclusion in a Commercial Product
please send e-mail the Copyright Holder at firstname.lastname@example.org.
b) Modifications must include prominent notices describing what changes have
been made to the Software.
5. DISTRIBUTION OBLIGATIONS
a) Every copy of the Software, in source or binary form, must include or
reproduce the above copyright notice.
b) Every copy of the Software, in source or binary form, must include an
unmodified copy of this License in a plain ASCII text file named LICENSE.
c) Every Original Code file must reproduce the Original Code Notice (Exhibit
d) You must not alter or remove any copyright notices, trademark notices, or
the License in the Software distribution.
e) The Copyright Holder requests but does not require that attribution be
given to Software in any manner possible We suggest including the name and
version of the Software, as well as a link to the Copyright Holder's Web
site, in a 'generator' HTML meta tag in HTML files output from the Software.
6. LIMITATION OF LIABILITY
THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE
AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY DIRECT, 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.
7. GENERAL PROVISIONS
a) This License is the sole and entire Agreement between the Copyright Holder
and Recipient. This Agreement supersedes all prior understandings,
agreements, and documentation relating to such subject matter.
b) If any provision of this Agreement is invalid or unenforceable under
applicable law, it shall not affect the validity or enforceability of the
remainder of the terms of this Agreement, and without further action by the
parties hereto, such provision shall be reformed to the minimum extent
necessary to make such provision valid and enforceable.
c) All Recipient's rights under this Agreement shall terminate if it fails to
comply with any of the material terms or conditions of this Agreement and
does not cure such failure in a reasonable period of time after becoming
aware of such non-compliance. If all Recipient's rights under this Agreement
terminate, Recipient agrees to cease use and distribution of the Software as
soon as reasonably practicable. However, Recipient's obligations under this
Agreement and any licenses granted by Recipient relating to the Software
shall continue and survive.
d) The Copyright Holder may publish new versions, including revisions, of this
Agreement from time to time. Each new version of the Agreement will be
given a distinguishing version number. The Software, including
Modifications, may always be distributed subject to the version of the
Agreement under which it was received. In addition, after a new version of
the Agreement is published, Contributor may elect to distribute the
Software, including its Modifications, under the new version.
e) No party to thie Agreement will bring a legal action under this Agreement
more than one year after the cause of action arose. Each party waives its
rights to a jury trial in any resulting litigation.
e) This license agreement is governed by the laws of the state of California.
EXHIBIT A. Original Code Notice
Copyright (c) 2002-2003 Michael McDonald. All rights reserved.
The contents of this file are subject to the Noel License Version 1.0; you
may not use this file except in compliance with the License. A copy of the
Noel License should be distributed as a plain ASCII text file named LICENSE
along with this file. You may also obtain a copy of the License at