Licensing Alternatives for Freely Redistributable Software
L. Peter Deutsch,
|1.||Find out the software exists.||document|
|2.||Find out how to get the software.||document|
|3a.||the executable software,||software|
|3b.||possibly source code, and||software|
|3c2.||hard copy documentation for installing and using it.||document|
|4.||Possibly, get assistance with installation and use.||service|
|5.||Possibly, do or get adaptations or enhancements.||service + software|
FRLs typically cover items (3a), (3c1), and possibly (3b) and (3c2). FRLs have no particular advantage for item (1). The use of a FRL makes (2) much easier: no payment requirement implies that no a priori control is needed over individual copies, so anyone can make the software available through public means like on-line services and inexpensive bulk publishing methods like CD-ROMs. For (3c2), the production cost of the documents effectively limits free redistribution even if the license permits it. Services (4) and (5) are available sources of compensation for software workers involved with FRS: the only sources for unrestricted, GPL'ed, or NFPL'ed software, and a possible source (in addition to registration or upgrade fees for (3)) for shareware.
Any FRL provides great advantages for (2), which can in turn lead to more opportunities to provide (4) and (5). Unrestricted and GNU FRLs, however, eliminate (3) as a source of compensation. Thus the time spent creating the software itself provides no benefit to the author, other than intangible rewards and the possibility of future service work. For shareware, the FRL provides more opportunities to provide (3) for registered (paid-for) copies; for NFPL'ed software, the FRL through (2) provides greatly expanded access to the potential market for commercial licensing of (3). Thus shareware and NFP FRLs provide the greatest direct, tangible benefit to the author within the FRS paradigm, and in particular provide rewards beyond pay by the hour for future work.
Authors are in a curious position with respect to (4) and (5). Up to a point, it is to the FRS author's advantage to rush lower-quality software into distribution, since it gives the author a market presence sooner and also creates a larger demand for (4) and possibly (5). Indeed, many non-FR software companies seem to be following this line of thinking as well. Similarly, assuming that the author wishes to be in the service business, it is somewhat to the author's advantage to distribute poorly commented source code (3b) or, as is typical for shareware, no source code at all, since this makes it hard(er) for third parties to compete with the author in providing (5) and to some extent (4).
Use of the different FRLs often reflects an author's underlying attitude towards the software industry. Many authors choosing non-shareware FRLs remember, or at least are inspired by the history of, the excitement of discovery and the rewards of sharing work that characterized the early days of software in the 1960s and 70s; their experience makes it clear to them that if everyone contributes freely, everyone benefits, at least as long as both "everyones" are people like themselves. Unrestricted licenses embody this viewpoint in its purest form. The GPL takes a less trustful view, in that it attempts to compel participants to share their work. The AGFPL takes the slightly different view that those who are willing to share should get the benefits of sharing, while those whose own activities operate by commercial rules should have to follow those rules in order to obtain the benefits of software that is FR for others; this view is also implicit in other NFPLs. Shareware licenses embody an even more limited form of trust in the user. However, all FRLs require a certain degree of idealism or at least trust on the author's part.
From the commercial redistributor's point of view, FRS is not a particularly profitable business; in particular, the marginal cost of (3) through an on-line service, which all FRLs permit, is so low that FRS CD-ROM publishers may not be competitive in the long term. We expect that even (1) as a possible service niche for redistributors will be severely limited by the availability of increasingly sophisticated WWW search engines.
Since all FRLs except shareware require or encourage the distribution of source code, they create opportunities that do not exist with non-FRLs for third parties to provide (4) and (5). In fact, this is essentially the only source of compensation for software workers under the GPL. However, the FRS-support industry is currently miniscule: we know of only one pure FRS support and enhancement company, Cygnus Support, that has an annual revenue over $1M, even though GNU software has been widely used for over a decade. We believe there are several reasons for this:
For reasons we will discuss in the next section, non-shareware FRS tends to be heavily oriented towards developers and other technologically oriented users rather than end users who just want a tool to solve some problem. This both reduces the market for such FRS and makes it much more likely that the people who do use it will be able and willing to investigate problems themselves. I.e., the availability of source code both expands the market for third parties doing (4) and makes it easier for users to do it themselves.
If FRS is of good quality and well documented, the need for support is minimal; if the FRS is of poor quality and/or poorly documented, it is less likely that a third party will find it worthwhile to invest the effort needed to support it. Thus we would expect that there would be more people extending FRS for compensation than supporting it, and that most of the people doing either one would be the original authors. We believe that both of these are actually the case.
The now widespread use of dynamic linking technology, popularized (but not invented) by the Microsoft Windows Dynamic Link Library (DLL), has led to an industry trend towards "semi-open" systems -- applications that are distributed only in binary form with non-FRLs but providing APIs that allow third parties to write extensions in the form of dynamically linked modules, which again may be distributed only as binaries with non-FRLs. This allows third parties to participate in (5) to a considerable extent even with non-FRS.
In summary, FRLs do create more opportunities for third party services, but probably not on a large scale.
We can distinguish software users according to whether they have some involvement or interest in computer technology, or whether they simply want a piece of software to carry out some functional task like financial analysis or publishing. These groups have some overlap, but they have very different needs and expectations with regard to software they use.
The technology-involved group wants software that is functionally complete, adequately documented, and reliable. Source code and support availability are both valuable and trade off against each other to some extent. This group includes most traditional (i.e., non-4GL) software developers; they generally use workstations and high-powered PCs.
FRS can be very attractive for the technology-involved group because it allows them to get technologically advanced functionality with little initial investment and with the opportunity to explore the technology on their own. Even if a technology-involved user is acquiring software for a task-oriented purpose, such a user will be more willing to deal with quirks or minor awkwardnesses. Also, because nearly all FRS authors are technology-involved, there is likely to be a good match between the mindsets of the authors and those of the technology-involved users, which will make the software easier to understand and use.
The task-oriented group wants software that is attractively presented, well documented, easy to install and configure, designed for usability, functionally rich in their task domain and at the same time easy to use on simpler tasks, reliable, and supported. This group comprises the overwhelming majority of non-developer computer users other than students and corporate users of mainframes; they generally uses PCs and Macintoshes, in both corporate and personal environments. Competition for this market is heated in all of the just-enumerated categories. Especially in business environments, documentation, ease of installation, reliability, and support are essential; usability and price are important but secondary, and source code availability is only valuable as insurance in case the software provider (normally also the source of support) goes out of business or discontinues the product.
There is very little non-shareware FRS for task-oriented users. We speculate that the reason for this is that most software authors who are motivated by the desire to create and share technology (these authors being the main creators of FRS) have neither the interest, the skills, nor perhaps the patience to address the more user- and task-oriented design issues. The exception is shareware, which allows an author to distribute versions of software freely in the expectation that a significant fraction of those versions will turn into sales; thus authors who do not share the FRS ethic can use shareware licensing as a marketing tool. The same is true to a lesser extent of the NFPLs.
Note that the author of this paper is not a lawyer; the following discussion of legal matters should not be taken as legal advice, or even necessarily fully sound from a legal perspective.
FRLs, like all software licenses, rely on copyright for their force. Like "shrink wrap" licenses, they rely on the theory that licenses that automatically takes effect upon certain actions (using a piece of software, breaking a physical wrapper) are defensible. However, since the only benefits that a FRL conveys to the copyright holder are intangible, it might be difficult to get a court to enforce a FRL, especially if (as is the case with unrestricted licenses) there are no provisions in the FRL itself that take effect upon breach; and it might be extremely difficult to get a court to award any kind of damages to the copyright holder. On the other hand, the present author knows of several situations where redistributors breaching FRLs have voluntarily cured their breach, presumably on the advice of their attorneys.
FRLs cover a broad enough spectrum to provide users with the benefits of FRS whil catering to at least three different classes of software authors:
Authors who are motivated only by the satisfaction and pride of creativity and public utility, or who are satisfied to be in a service business, can use an unrestricted or GNU FRL.
Authors who wish to have a modest income while maintaining tighter control over their technology can use the shareware approach.
Authors who want to provide the benefits of FRS to users while receiving the tangible benefits of non-FR commercial licensing can do so with a NFPL.
The rewards available to authors with pure FRLs, and the nature of end-users' expectations, make it unlikely that functionally rich, end-user-oriented FRS will be created other than as shareware; however, the FRS model can work well for more developer-oriented applications. It will be interesting to see how FR and non-FR software compete in the emerging domain of reusable components.
Thanks to Richard M. Stallman for originating the GPL and the LGPL, and for discussions on the philosophy of free software.
Thanks to Stephen J. Turnbull, of the Institute of Socio-Economic Planning at the University of Tsukuba, Japan, for his comments on FRS from an economist's perspective. The author, of course, assumes full responsibility for the use to which he has put those comments in this paper.
Shareware is generally distributed in the PC and Macintosh world through non-networked bulletin board systems (BBSs), of which there are many thousands in operation. To find ones near you, look in any local newspaper or magazine that reaches a computer-involved audience.
You can order GNU software on CD-ROM from the Free Software Foundation. For ordering info, send e-mail to firstname.lastname@example.org or contact the FSF:
Free Software Foundation 59 Temple Place - Suite 330 Boston, MA 02111-1307, USA 1-617-542-5942
GNU software is also available from the following FTP sites:
ASIA: ftp.cs.titech.ac.jp, utsun.s.u-tokyo.ac.jp:/ftpsync/prep, cair-archive.kaist.ac.kr:/pub/gnu, ftp.nectec.or.th:/pub/mirrors/gnu
AUSTRALIA: archie.au:/gnu (archie.oz or archie.oz.au for ACSnet)
EUROPE: irisa.irisa.fr:/pub/gnu, ftp.univ-lyon1.fr:pub/gnu, ftp.mcc.ac.uk, unix.hensa.ac.uk:/mirrors/uunet/systems/gnu, src.doc.ic.ac.uk:/gnu, ftp.ieunet.ie:pub/gnu, ftp.eunet.ch, nic.switch.ch:/mirror/gnu, ftp.informatik.rwth-aachen.de:/pub/gnu, ftp.informatik.tu-muenchen.de, ftp.win.tue.nl:/pub/gnu, ftp.nl.net, ftp.etsimo.uniovi.es:/pub/gnu ftp.funet.fi:/pub/gnu, ftp.denet.dk, ftp.stacken.kth.se, isy.liu.se, ftp.luth.se:/pub/unix/gnu, ftp.sunet.se:/pub/gnu, archive.eu.net
SOUTH AMERICA: ftp.inf.utfsm.cl:/pub/gnu, ftp.unicamp.br:/pub/gnu
WESTERN CANADA: ftp.cs.ubc.ca:/mirror2/gnu
USA: wuarchive.wustl.edu:/systems/gnu, labrea.stanford.edu, ftp.digex.net:/pub/gnu, ftp.kpc.com:/pub/mirror/gnu, f.ms.uky.edu:/pub3/gnu, jaguar.utah.edu:/gnustuff, ftp.hawaii.edu:/mirrors/gnu, uiarchive.cso.uiuc.edu:/pub/gnu, ftp.cs.columbia.edu:/archives/gnu/prep, col.hp.com:/mirrors/gnu, gatekeeper.dec.com:/pub/GNU, ftp.uu.net:/systems/gnu
Here are some Internet sources for other FRL'ed packages mentioned in this paper. Most of these packages are widely "mirrored" around the world.
GSview for Windows and OS/2 (AGFPL) ftp.cs.wisc.edu:/ghost/rjl/* (consult Index)
Tcl and Tk (unrestricted FRL) ftp.smli.com:/pub/tcl/*
IJG JPEG library (unrestricted FRL, library) ftp.uu.net:/graphics/jpeg/jpegsrc.v*.tar.gz oak.oakland.edu:/SimTel/msdos/graphics/jpgsrc*.zip
PNG library (unrestricted FRL, library) swrinde.nde.swri.edu:pub/png/src/lbpng081.zip or libpng-0.81.tar.gz
zlib (unrestricted FRL, library) swrinde.nde.swri.edu:pub/png/src/zlib095.zip (zlib 0.95) or zlib-0.95.tar.gz
zip/unzip (NFPL) ftp.uu.net:/pub/archiving/zip/...
Malyshev fonts (NFPL) ftp.tex.ac.uk:/tex-archive/fonts/postscript/cm ftp.dante.de:/tex-archive/fonts/postscript/cm ftp.shsu.edu:/tex-archive/fonts/postscript/cm
Aladdin Ghostscript (AGFPL) ftp.cs.wisc.edu:/ghost/aladdin/* (consult Index)
Dr. L. Peter Deutsch received the Ph.D. in Computer Science from U.C. Berkeley in 1973. His career has included major work in operating systems (SDS 940 time-sharing system) at Berkely, and on integrated programming environments (Interlisp, Cedar Mesa, and Smalltalk-80) at Xerox PARC and ParcPlace Systems. Since 1986, Dr. Deutsch has been President of Aladdin Enterprises, a consulting business that offers for licensing a highly portable, high-performance implementation of the PostScript language developed by Dr. Deutsch that is also available under a free license from the Internet under the name Ghostscript. Dr. Deutsch was a co-recipient of the ACM 1992 Software System Award for his work on Interlisp, and in 1993 was named a Distinguished Alumnus of the U.C. Berkeley Computer Science program. Dr. Deutsch is a member of ACM, IEEE, CPSR, and the League for Programming Freedom. He may be reached at:
Aladdin Enterprises 203 Santa Margarita Ave. Menlo Park, CA 94025 U.S.A. tel. +1-415-322-0103 (8:30 AM - noon) fax +1-415-322-1734
This is the license that accompanies the zlib library. (C) 1995 Jean-loup Gailly and Mark Adler This software is provided 'as-is', without any express or implied warranty. In no event will the authors be held liable for any damages arising from the use of this software. Permission is granted to anyone to use this software for any purpose, including commercial applications, and to alter it and redistribute it freely, subject to the following restrictions: 1. The origin of this software must not be misrepresented; you must not claim that you wrote the original software. If you use this software in a product, an acknowledgment in the product documentation would be appreciated but is not required. 2. Altered source versions must be plainly marked as such, and must not be misrepresented as being the original software. 3. This notice may not be removed or altered from any source distribution. Jean-loup Gailly Mark Adler email@example.com firstname.lastname@example.org If you use the zlib library in a product, we would appreciate *not* receiving lengthy legal documents to sign. The sources are provided for free but without warranty of any kind. The library has been entirely written by Jean-loup Gailly and Mark Adler; it does not include third-party code. If you redistribute modified sources, we would appreciate that you include in the file ChangeLog history information documenting your changes.
11-13-1995 C o m p u S h o w Monday S H A R E W A R E 10:33:33am Standard Version 8.60a [02-03-1993] C:\WINDOWS\*.* Copyright (c) 1993, Canyon State Systems and Software (tm), Sedona, Az. This program is copyrighted software. However, you are encouraged to copy and share it with others, so long as no charge is made for the software, and it is unmodified and copied in its entirety. If you use this ShareWare program beyond a 21 day "trial period", you must register. As a registered user, you will receive a copy of the enhanced program, which includes all features of this standard program plus: Printing of all graphics formats on most dot-matrix and laser printers! An automated Slide Show! A Setup program to change screen colors and options! See the program documentation (at your DOS prompt, execute README) for instructions and a registration form. Thank you for your support: Bob Berry CompuServe [76555,167] Canyon State Systems and Software Internet email@example.com Post Office Box 86 GE Mail R.BERRY7 Sedona, Az. 86339-0086 BBS (602) 282-9035 Voice (602) 282-5070
Paradissa fonts collection. Copyright (C) 1993, Basil K. Malyshev. All Rights Reserved. Licensing agreement The author of this fonts grants to any individual or non-commercial organization the right to use and to make an unlimited number of copies of full collection or selected fonts when this is done WITHOUT CHARGE and has attached this licence agreement. This fonts cannot be sold or distributed with any commercial product without written authorization from the author. If you want to charge a small fee for distribute fonts as is or with any software, you should contact the author. This restriction is not intended to apply to connect time charges, or flat rate connection/download fees for electronic bulletin board services. Basil K. Malyshev (E-Mail: firstname.lastname@example.org), 22-Dec-1993, Protvino, Russia.
GNU GENERAL PUBLIC LICENSE Version 2, June 1991 Copyright (C) 1989, 1991 Free Software Foundation, Inc. 675 Mass Ave, Cambridge, MA 02139, USA Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed. Preamble The licenses for most software are designed to take away your freedom to share and change it. By contrast, the GNU General Public License is intended to guarantee your freedom to share and change free software--to make sure the software is free for all its users. This General Public License applies to most of the Free Software Foundation's software and to any other program whose authors commit to using it. (Some other Free Software Foundation software is covered by the GNU Library General Public License instead.) You can apply it to your programs, too. When we speak of free software, we are referring to freedom, not price. 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We protect your rights with two steps: (1) copyright the software, and (2) offer you this license which gives you legal permission to copy, distribute and/or modify the software. Also, for each author's protection and ours, we want to make certain that everyone understands that there is no warranty for this free software. If the software is modified by someone else and passed on, we want its recipients to know that what they have is not the original, so that any problems introduced by others will not reflect on the original authors' reputations. Finally, any free program is threatened constantly by software patents. We wish to avoid the danger that redistributors of a free program will individually obtain patent licenses, in effect making the program proprietary. To prevent this, we have made it clear that any patent must be licensed for everyone's free use or not licensed at all. The precise terms and conditions for copying, distribution and modification follow. GNU GENERAL PUBLIC LICENSE TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION 0. This License applies to any program or other work which contains a notice placed by the copyright holder saying it may be distributed under the terms of this General Public License. The "Program", below, refers to any such program or work, and a "work based on the Program" means either the Program or any derivative work under copyright law: that is to say, a work containing the Program or a portion of it, either verbatim or with modifications and/or translated into another language. (Hereinafter, translation is included without limitation in the term "modification".) Each licensee is addressed as "you". Activities other than copying, distribution and modification are not covered by this License; they are outside its scope. 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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.
Copyright (C) 19yy This program is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License as published by the Free Software Foundation; either version 2 of the License, or (at your option) any later version. This program 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 GNU General Public License for more details. You should have received a copy of the GNU General Public License along with this program; if not, write to the Free Software Foundation, Inc., 675 Mass Ave, Cambridge, MA 02139, USA. Also add information on how to contact you by electronic and paper mail. If the program is interactive, make it output a short notice like this when it starts in an interactive mode: Gnomovision version 69, Copyright (C) 19yy name of author Gnomovision comes with ABSOLUTELY NO WARRANTY; for details type `show w'. This is free software, and you are welcome to redistribute it under certain conditions; type `show c' for details. The hypothetical commands `show w' and `show c' should show the appropriate parts of the General Public License. Of course, the commands you use may be called something other than `show w' and `show c'; they could even be mouse-clicks or menu items--whatever suits your program. You should also get your employer (if you work as a programmer) or your school, if any, to sign a "copyright disclaimer" for the program, if necessary. Here is a sample; alter the names: Yoyodyne, Inc., hereby disclaims all copyright interest in the program `Gnomovision' (which makes passes at compilers) written by James Hacker. , 1 April 1989 Ty Coon, President of Vice This General Public License does not permit incorporating your program into proprietary programs. If your program is a subroutine library, you may consider it more useful to permit linking proprietary applications with the library. If this is what you want to do, use the GNU Library General Public License instead of this License. Appendix E: the AGFPL --------------------- ALADDIN GHOSTSCRIPT FREE PUBLIC LICENSE (Version 4, March 5, 1995) Copyright (C) 1994, 1995 Aladdin Enterprises, Menlo Park, California, U.S.A. All rights reserved. NOTE: This license is not the same as any of the GNU Licenses published by the Free Software Foundation. Its terms are substantially different from those of the GNU Licenses. If you are familiar with the GNU Licenses, please read this license with extra care. This License applies to the computer program known as "Aladdin Ghostscript." The "Program", below, refers to such program, and a "work based on the Program" means either the Program or any derivative work of the Program, as defined in the United States Copyright Act of 1976, such as a translation or a modification. Please note that Aladdin Ghostscript is neither the program known as "GNU Ghostscript" nor the version of Ghostscript available for commercial licensing from Artifex Software Inc. The Program is a copyrighted work whose copyright is held by Aladdin Enterprises (the "Licensor"). BY MODIFYING OR DISTRIBUTING THE PROGRAM (OR ANY WORK BASED ON THE PROGRAM), YOU INDICATE YOUR ACCEPTANCE OF THIS LICENSE TO DO SO, AND ALL ITS TERMS AND CONDITIONS FOR COPYING, DISTRIBUTING OR MODIFYING THE PROGRAM OR WORKS BASED ON IT. NOTHING OTHER THAN THIS LICENSE GRANTS YOU PERMISSION TO MODIFY OR DISTRIBUTE THE PROGRAM OR ITS DERIVATIVE WORKS. THESE ACTIONS ARE PROHIBITED BY LAW. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT MODIFY OR DISTRIBUTE THE PROGRAM. 1. Licenses. Licensor hereby grants you the following rights, provided that you comply with all of the restrictions set forth in this License and provided, further, that you distribute an unmodified copy of this License with the Program: (a) You may copy and distribute literal (i.e., verbatim) copies of the Program's source code as you receive it throughout the world, in any medium. (b) You may modify the Program, create works based on the Program and distribute copies of such throughout the world, in any medium. 2. Restrictions. This license is subject to the following restrictions: (a) Distribution of the Program or any work based on the Program by a commercial organization to any third party is prohibited if any payment is made in connection with such distribution, whether directly (as in payment for a copy of the Program) or indirectly (as in payment for some service related to the Program, or payment for some product or service that includes a copy of the Program "without charge"; these are only examples, and not an exhaustive enumeration of prohibited activities). However, the following methods of distribution involving payment shall not in and of themselves be a violation of this restriction: (i) Posting the Program on a public access information storage and retrieval service for which a fee is received for retrieving information (such as an on-line service), provided that the fee is not content-dependent (i.e., the fee would be the same for retrieving the same volume of information consisting of random data). (ii) Distributing the Program on a CD-ROM, provided that the files containing the Program are reproduced entirely and verbatim on such CD-ROM, and provided further that all information on such CD-ROM be redistributable for non-commercial purposes without charge. (b) Activities other than copying, distribution and modification of the Program are not subject to this License and they are outside its scope. Functional use (running) of the Program is not restricted, and any output produced through the use of the Program is subject to this license only if its contents constitute a work based on the Program (independent of having been made by running the Program). (c) You must meet all of the following conditions with respect to the distribution of any work based on the Program: (i) If you have modified the Program, you must cause your work to carry prominent notices stating that you have modified the Program's files and the date of any change; (ii) You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole and at no charge to all third parties under the terms of this License; (iii) If the modified program normally reads commands interactively when run, you must cause it, at each time the modified program commences operation, to print or display an announcement including an appropriate copyright notice and a notice that there is no warranty (or else, saying that you provide a warranty). Such notice must also state that users may redistribute the Program only under the conditions of this License and tell the user how to view the copy of this License included with the Program. (Exception: if the Program itself is interactive but does not normally print such an announcement, your work based on the Program is not required to print an announcement.); (iv) You must accompany any such work based on the Program with the complete corresponding machine-readable source code, delivered on a medium customarily used for software interchange. The source code for a work means the preferred form of the work for making modifications to it. For an executable work, 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 executable code. However, the source code 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 code; (v) If you distribute any written or printed material at all with the Program or any work based on the Program, such material must include either a written copy of this License, or a prominent written indication that the Program or the work based on the Program is covered by this License and written instructions for printing and/or displaying the copy of the License on the distribution medium; (vi) You may not impose any further restrictions on the recipient's exercise of the rights granted herein. If distribution of executable or object code is made by offering the equivalent ability to copy from a designated place, then offering equivalent ability to copy the source code from the same place counts as distribution of the source code, even though third parties are not compelled to copy the source code along with the object code. 3. Reservation of Rights. No rights are granted to the Program except as expressly set forth herein. You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance. 4. Other Restrictions. If the distribution and/or use of the Program is restricted in certain countries for any reason, Licensor 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. 5. Limitations. THE PROGRAM IS PROVIDED TO YOU "AS IS," WITHOUT WARRANTY. THERE IS NO WARRANTY FOR THE PROGRAM, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL LICENSOR, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM 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 PROGRAM (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 PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 6. General. This Agreement is governed by the laws of the State of California, U.S.A., excluding choice of law rules. For government users, the Program is provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the 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 subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights 48 CFR 52.227-19, as appropriate.