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2 [% META
3     title   = "Swish-e License"
4     id      = "license"
5     author = '$Author$'
6 %]
7
8
9 <h1>Swish-e License</h1>
10
11 <div>
12 <ul>
13 <li><a href='#gpl'>The License</a></li>
14 <li><a href='#faq'>Licensing FAQ</a></li>
15
16 </div>
17
18 <div>
19
20 <a name="gpl"></a>
21 This is the Swish-e License. A copy of this license appears in the <tt>COPYING</tt>
22 file with the distribution.
23
24 <pre>
25 Swish-e is free software; you can redistribute it and/or modify
26 it under the terms of the GNU General Public License as published by
27 the Free Software Foundation; either version 2 of the License, or
28 (at your option) any later version.
29
30 See below for version 2 of the GNU GPL.
31
32 Unless otherwise indicated, all source files are
33 Copyright (C) 2005, the Swish-e Project, http://swish-e.org.
34
35 Swish-e includes a library for searching with a well-defined API. The library
36 is named libswish-e.
37
38 Linking libswish-e statically or dynamically with other modules is making a
39 combined work based on Swish-e.  Thus, the terms and conditions of the GNU
40 General Public License cover the whole combination.
41
42 As a special exception, the copyright holders of Swish-e give you
43 permission to link Swish-e with independent modules that communicate with
44 Swish-e solely through the libswish-e API interface, regardless of the
45 license terms of these independent modules, and to copy and distribute the
46 resulting combined work under terms of your choice, provided that
47 every copy of the combined work is accompanied by, or provides a URL link to,
48 a complete copy of the source code of Swish-e
49 (the version of Swish-e used to produce the combined work),
50 being distributed under the terms of the GNU General
51 Public License plus this exception.  An independent module is a module
52 which is not derived from or based on Swish-e.
53
54 Note that people who make modified versions of Swish-e are not obligated
55 to grant this special exception for their modified versions; it is
56 their choice whether to do so.  The GNU General Public License gives
57 permission to release a modified version without this exception; this
58 exception also makes it possible to release a modified version which
59 carries forward this exception.
60
61
62
63                     GNU GENERAL PUBLIC LICENSE
64    TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
65
66   0. This License applies to any program or other work which contains
67 a notice placed by the copyright holder saying it may be distributed
68 under the terms of this General Public License.  The "Program", below,
69 refers to any such program or work, and a "work based on the Program"
70 means either the Program or any derivative work under copyright law:
71 that is to say, a work containing the Program or a portion of it,
72 either verbatim or with modifications and/or translated into another
73 language.  (Hereinafter, translation is included without limitation in
74 the term "modification".)  Each licensee is addressed as "you".
75
76 Activities other than copying, distribution and modification are not
77 covered by this License; they are outside its scope.  The act of
78 running the Program is not restricted, and the output from the Program
79 is covered only if its contents constitute a work based on the
80 Program (independent of having been made by running the Program).
81 Whether that is true depends on what the Program does.
82
83   1. You may copy and distribute verbatim copies of the Program's
84 source code as you receive it, in any medium, provided that you
85 conspicuously and appropriately publish on each copy an appropriate
86 copyright notice and disclaimer of warranty; keep intact all the
87 notices that refer to this License and to the absence of any warranty;
88 and give any other recipients of the Program a copy of this License
89 along with the Program.
90
91 You may charge a fee for the physical act of transferring a copy, and
92 you may at your option offer warranty protection in exchange for a fee.
93
94   2. You may modify your copy or copies of the Program or any portion
95 of it, thus forming a work based on the Program, and copy and
96 distribute such modifications or work under the terms of Section 1
97 above, provided that you also meet all of these conditions:
98
99     a) You must cause the modified files to carry prominent notices
100     stating that you changed the files and the date of any change.
101
102     b) You must cause any work that you distribute or publish, that in
103     whole or in part contains or is derived from the Program or any
104     part thereof, to be licensed as a whole at no charge to all third
105     parties under the terms of this License.
106
107     c) If the modified program normally reads commands interactively
108     when run, you must cause it, when started running for such
109     interactive use in the most ordinary way, to print or display an
110     announcement including an appropriate copyright notice and a
111     notice that there is no warranty (or else, saying that you provide
112     a warranty) and that users may redistribute the program under
113     these conditions, and telling the user how to view a copy of this
114     License.  (Exception: if the Program itself is interactive but
115     does not normally print such an announcement, your work based on
116     the Program is not required to print an announcement.)
117
118 These requirements apply to the modified work as a whole.  If
119 identifiable sections of that work are not derived from the Program,
120 and can be reasonably considered independent and separate works in
121 themselves, then this License, and its terms, do not apply to those
122 sections when you distribute them as separate works.  But when you
123 distribute the same sections as part of a whole which is a work based
124 on the Program, the distribution of the whole must be on the terms of
125 this License, whose permissions for other licensees extend to the
126 entire whole, and thus to each and every part regardless of who wrote it.
127
128 Thus, it is not the intent of this section to claim rights or contest
129 your rights to work written entirely by you; rather, the intent is to
130 exercise the right to control the distribution of derivative or
131 collective works based on the Program.
132
133 In addition, mere aggregation of another work not based on the Program
134 with the Program (or with a work based on the Program) on a volume of
135 a storage or distribution medium does not bring the other work under
136 the scope of this License.
137
138   3. You may copy and distribute the Program (or a work based on it,
139 under Section 2) in object code or executable form under the terms of
140 Sections 1 and 2 above provided that you also do one of the following:
141
142     a) Accompany it with the complete corresponding machine-readable
143     source code, which must be distributed under the terms of Sections
144     1 and 2 above on a medium customarily used for software interchange; or,
145
146     b) Accompany it with a written offer, valid for at least three
147     years, to give any third party, for a charge no more than your
148     cost of physically performing source distribution, a complete
149     machine-readable copy of the corresponding source code, to be
150     distributed under the terms of Sections 1 and 2 above on a medium
151     customarily used for software interchange; or,
152
153     c) Accompany it with the information you received as to the offer
154     to distribute corresponding source code.  (This alternative is
155     allowed only for noncommercial distribution and only if you
156     received the program in object code or executable form with such
157     an offer, in accord with Subsection b above.)
158
159 The source code for a work means the preferred form of the work for
160 making modifications to it.  For an executable work, complete source
161 code means all the source code for all modules it contains, plus any
162 associated interface definition files, plus the scripts used to
163 control compilation and installation of the executable.  However, as a
164 special exception, the source code distributed need not include
165 anything that is normally distributed (in either source or binary
166 form) with the major components (compiler, kernel, and so on) of the
167 operating system on which the executable runs, unless that component
168 itself accompanies the executable.
169
170 If distribution of executable or object code is made by offering
171 access to copy from a designated place, then offering equivalent
172 access to copy the source code from the same place counts as
173 distribution of the source code, even though third parties are not
174 compelled to copy the source along with the object code.
175  
176   4. You may not copy, modify, sublicense, or distribute the Program
177 except as expressly provided under this License.  Any attempt
178 otherwise to copy, modify, sublicense or distribute the Program is
179 void, and will automatically terminate your rights under this License.
180 However, parties who have received copies, or rights, from you under
181 this License will not have their licenses terminated so long as such
182 parties remain in full compliance.
183
184   5. You are not required to accept this License, since you have not
185 signed it.  However, nothing else grants you permission to modify or
186 distribute the Program or its derivative works.  These actions are
187 prohibited by law if you do not accept this License.  Therefore, by
188 modifying or distributing the Program (or any work based on the
189 Program), you indicate your acceptance of this License to do so, and
190 all its terms and conditions for copying, distributing or modifying
191 the Program or works based on it.
192
193   6. Each time you redistribute the Program (or any work based on the
194 Program), the recipient automatically receives a license from the
195 original licensor to copy, distribute or modify the Program subject to
196 these terms and conditions.  You may not impose any further
197 restrictions on the recipients' exercise of the rights granted herein.
198 You are not responsible for enforcing compliance by third parties to
199 this License.
200
201   7. If, as a consequence of a court judgment or allegation of patent
202 infringement or for any other reason (not limited to patent issues),
203 conditions are imposed on you (whether by court order, agreement or
204 otherwise) that contradict the conditions of this License, they do not
205 excuse you from the conditions of this License.  If you cannot
206 distribute so as to satisfy simultaneously your obligations under this
207 License and any other pertinent obligations, then as a consequence you
208 may not distribute the Program at all.  For example, if a patent
209 license would not permit royalty-free redistribution of the Program by
210 all those who receive copies directly or indirectly through you, then
211 the only way you could satisfy both it and this License would be to
212 refrain entirely from distribution of the Program.
213
214 If any portion of this section is held invalid or unenforceable under
215 any particular circumstance, the balance of the section is intended to
216 apply and the section as a whole is intended to apply in other
217 circumstances.
218
219 It is not the purpose of this section to induce you to infringe any
220 patents or other property right claims or to contest validity of any
221 such claims; this section has the sole purpose of protecting the
222 integrity of the free software distribution system, which is
223 implemented by public license practices.  Many people have made
224 generous contributions to the wide range of software distributed
225 through that system in reliance on consistent application of that
226 system; it is up to the author/donor to decide if he or she is willing
227 to distribute software through any other system and a licensee cannot
228 impose that choice.
229
230 This section is intended to make thoroughly clear what is believed to
231 be a consequence of the rest of this License.
232  
233   8. If the distribution and/or use of the Program is restricted in
234 certain countries either by patents or by copyrighted interfaces, the
235 original copyright holder who places the Program under this License
236 may add an explicit geographical distribution limitation excluding
237 those countries, so that distribution is permitted only in or among
238 countries not thus excluded.  In such case, this License incorporates
239 the limitation as if written in the body of this License.
240
241   9. The Free Software Foundation may publish revised and/or new versions
242 of the General Public License from time to time.  Such new versions will
243 be similar in spirit to the present version, but may differ in detail to
244 address new problems or concerns.
245
246 Each version is given a distinguishing version number.  If the Program
247 specifies a version number of this License which applies to it and "any
248 later version", you have the option of following the terms and conditions
249 either of that version or of any later version published by the Free
250 Software Foundation.  If the Program does not specify a version number of
251 this License, you may choose any version ever published by the Free Software
252 Foundation.
253
254   10. If you wish to incorporate parts of the Program into other free
255 programs whose distribution conditions are different, write to the author
256 to ask for permission.  For software which is copyrighted by the Free
257 Software Foundation, write to the Free Software Foundation; we sometimes
258 make exceptions for this.  Our decision will be guided by the two goals
259 of preserving the free status of all derivatives of our free software and
260 of promoting the sharing and reuse of software generally.
261
262                             NO WARRANTY
263
264   11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY
265 FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW.  EXCEPT WHEN
266 OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES
267 PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED
268 OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
269 MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  THE ENTIRE RISK AS
270 TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU.  SHOULD THE
271 PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING,
272 REPAIR OR CORRECTION.
273
274   12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING
275 WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR
276 REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES,
277 INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING
278 OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED
279 TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY
280 YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER
281 PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE
282 POSSIBILITY OF SUCH DAMAGES.
283
284 </pre>
285
286 </div>
287
288 <div>
289 <a name='faq'></a>
290 <h2>Frequently Asked Questions about the Swish-e License</h2>
291
292 <dl>
293
294 <dt>
295 <a name="special">
296 So what's the deal with the special exception to the standard GPL?
297 </a>
298 </dt>
299
300 <dd>
301 <p>The GNU GPL allows for a special exception to the "tainting" behaviour of the GPL.
302 See <a href='http://www.gnu.org/licenses/gpl-faq.html#LinkingOverControlledInterface'>http://www.gnu.org/licenses/gpl-faq.html#LinkingOverControlledInterface</a>
303 for the official description.
304 </p>
305 <p>In order to settle some ambiguities within the Swish-e source code, the developers
306 decided to switch from the LGPL license under which Swish-e had originally been released
307 to the standard GPL license. This is allowed (and often encouraged) under both licenses.
308 </p>
309 <p>However, in order to allow other software projects to continue to link against the Swish-e
310 searching library (<tt>libswish-e</tt>) and to continue to give other open source projects
311 the freedom to use their own open source licenses, the special
312 exception clause was invoked. This clause makes the Swish-e library and its API available under
313 similar terms to the original LGPL, while putting the entire Swish-e project under the umbrella
314 of the GPL.
315 </p>
316 <p>We know this kind of legal hairsplitting can appear clever and needlessly subtle. The
317 developers tend to agree. The developers also want to protect ten years of community
318 effort from being used in closed, proprietary ways, while still allowing
319 other open source efforts the freedom to use non-GPL licenses. Hence this compromise.
320 </p>
321 <p>Contact the Swish-e discussion list with any questions about the Swish-e license.</p>
322
323 </dd>
324
325
326 <dt>
327 <a name="api">
328 I want to develop a new API interface to Swish-e in [<i>insert your favorite programming
329 language here</i>]. Can I do that under the Swish-e License?
330 </a>
331 </dt>
332
333 <dd>Why yes, you can! <a href='#special'>See FAQ #1</a>.</dd>
334
335
336 <dt>
337 <a name="rationale">
338 Why did you switch from the LGPL? You've ruined [<i>insert name of your favorite project
339 here</i>]!!
340 </a>
341 </dt>
342
343 <dd>
344 <p>If you've got a project that depends on Swish-e and the LGPL, then you're probably
345 familiar with the Swish-e source code. And therefore, you're probably also familiar with the fact
346 that Swish-e is a smorgasbord of LGPL, GPL, BSD, MIT, public domain and other licenses.
347 </p>
348 <p>
349 The original "purity" of the LGPL status of Swish-e has <a href='http://swish-e.org/archive/2003-05/5578.html'>
350 long been in debate</a> and as a consequence, Swish-e's licensure has been in limbo for years.
351 That limbo worked for a while (hey, we're all friendly here right?), but in response to a specific
352 request for the status of the Swish-e license, a thorough review was made of the source code.
353 The result was the decision to officially declare ourselves a GPL'd project, but with the special exception
354 for linking against libswish-e (<a href='#special'>see FAQ #1</a>).
355 </p>
356 <p>
357 If the new Swish-e License still boggles you and ruins your day, feel free to contact the discussion
358 list. We can probably sort something out.
359 </p>
360 </dd>
361
362
363 <dt>
364 <a name="whatversion">
365 What version(s) of Swish-e does this license apply to?
366 </a>
367 </dt>
368
369 <dd>
370 The Swish-e License is applicable to the 2.4.x release branch of Swish-e.
371 </dd>
372
373
374 <dt>
375 <a name="confused">
376 I'm confused. Are you saying that "we are GPL, but unlike normal GPL, we don't force
377 you into GPL for using the code"?
378 </a>
379 </dt>
380
381 <dd>
382 No. We're saying "we can't force you into GPL for linking against the libswish-e library."
383 That's just a little slice of the Swish-e pie. If you wanted to make a derivative work
384 of the Swish-e code (like a Super-Swish), you can not release it without the GPL. (You could
385 if Swish-e were still under the LGPL. But it's not.)
386 </dd>
387
388
389 <dt>
390 <a name="free">
391 You mean I can use Swish-e in my project without obligation?
392 </a>
393 </dt>
394 <dd>
395 <p>
396 Well, not exactly.  You have to provide source code for the actual
397     version you use (you may point to swish-e.org if you use an
398     unmodified version of the software and state the version).
399 </p>
400 <p>In addition to that legal requirement, there are some <b>strong
401 recommendations</b> that aren't legally required.
402 You
403     should make it clear to your users that you are using Swish-e in
404     your product by listing Swish-e in your documentation and, if you
405     have a web site, with an easy to find link on your web site.
406     (Consider using the <a href="/graphics/">Swish-e logo</a>).
407     You must feel guilt if you
408     add features or bug fixes to the software and do not inform other
409     users of swish-e via the Swish-e discussion list, and you should
410     think about buying the developers a beer.  Or two.  Or until they
411     say 'stop'.
412 </p>
413
414 </dd>
415
416
417 </dl>
418
419
420
421 </div>
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