Thomas A. Alspaugh
The Educational Community License,
Version 2.0, April 2007

Under Construction

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Source: OSI text (2010Jul17)

ECL 2.0 and Apache 2.0 are identical except for the highlighted text and the additional text at §1.3¶1s3.

The unnumbered top-level headings have been interpreted as defining top-level sections, and are displayed here with faint square-bracketed numbers that are not in the original. Earlier versions of this page numbered these top-level sections with decimal numbers rather than roman numerals.

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¶0¶0ṣ1http://www.osedu.org/licenses/

¶1¶1ṣ1The Educational Community License version 2.0 (ECL) consists of the Apache 2.0 license, modified to change the scope of the patent grant in section 3 to be specific to the needs of the education communities using this license. ¶1ṣ2The original Apache 2.0 license can be found at: http://www.apache.org/licenses/LICENSE-2.0

§ITERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION

1. §I.1Definitions.

§I.1¶1§I.1¶1ṣ1License shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 9 of this document.

§I.1¶2§I.1¶2ṣ1Licensor shall mean the copyright owner or entity authorized by the copyright owner that is granting the License.

§I.1¶3§I.1¶3ṣ1Legal Entity shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. §I.1¶3ṣ2For the purposes of this definition, control means

  1. (i) ṣ2.ithe power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or
  2. (ii) ṣ2.iiownership of fifty percent (50%) or more of the outstanding shares, or
  3. (iii) ṣ2.iiibeneficial ownership of such entity.

§I.1¶4§I.1¶4ṣ1You (or Your) shall mean an individual or Legal Entity exercising permissions granted by this License.

§I.1¶5§I.1¶5ṣ1Source form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files.

§I.1¶6§I.1¶6ṣ1Object form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types.

§I.1¶7§I.1¶7ṣ1Work shall mean the work of authorship, whether in Source or Object form, made available under the License, as indicated by a copyright notice that is included in or attached to the work (an example is provided in the Appendix below).

§I.1¶8§I.1¶8ṣ1Derivative Works shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. §I.1¶8ṣ2For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof.

§I.1¶9§I.1¶9ṣ1Contribution shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. §I.1¶9ṣ2For the purposes of this definition, submitted means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as Not a Contribution.

§I.1¶10§I.1¶10ṣ1Contributor shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work.

2. §I.2Grant of Copyright License.

§I.2¶1§I.2¶1ṣ1Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form.

3. §I.3Grant of Patent License.

§I.3¶1§I.3¶1ṣ1Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. §I.3¶1ṣ2If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed. Apache 2.0 does not have the following text: §I.3¶1ṣ3Any patent license granted hereby with respect to contributions by an individual employed by an institution or organization is limited to patent claims where the individual that is the author of the Work is also the inventor of the patent claims licensed, and where the organization or institution has the right to grant such license under applicable grant and research funding agreements. §I.3¶1ṣ4No other express or implied licenses are granted.

4. §I.4Redistribution.

§I.4¶1§I.4¶1ṣ1You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form, provided that You meet the following conditions:

The following list items are not structurally parallel (three clauses, then one paragraph containing three sentences and an inline list):

  1. 1. §I.4¶1.1§I.4¶1.1ṣ1You must give any other recipients of the Work or Derivative Works a copy of this License; and
  2. 2. §I.4¶1.2§I.4¶1.2ṣ1You must cause any modified files to carry prominent notices stating that You changed the files; and
  3. 3. §I.4¶1.3§I.4¶1.3ṣ1You must retain, in the Source form of any Derivative Works that You distribute, all copyright, patent, trademark, and attribution notices from the Source form of the Work, excluding those notices that do not pertain to any part of the Derivative Works; and
  4. 4. §I.4¶1.4§I.4¶1.4ṣ1If the Work includes a NOTICE text file as part of its distribution, then any Derivative Works that You distribute must include a readable copy of the attribution notices contained within such NOTICE file, excluding those notices that do not pertain to any part of the Derivative Works, in at least one of the following places:
    • ṣ1.1within a NOTICE text file distributed as part of the Derivative Works;
    • ṣ1.2within the Source form or documentation, if provided along with the Derivative Works; or,
    • ṣ1.3within a display generated by the Derivative Works, if and wherever such third-party notices normally appear.

    §I.4¶1.4ṣ2The contents of the NOTICE file are for informational purposes only and do not modify the License. §I.4¶1.4ṣ3You may add Your own attribution notices within Derivative Works that You distribute, alongside or as an addendum to the NOTICE text from the Work, provided that such additional attribution notices cannot be construed as modifying the License.

§I.4¶2§I.4¶2ṣ1You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of Your modifications, or for any such Derivative Works as a whole, provided Your use, reproduction, and distribution of the Work otherwise complies with the conditions stated in this License.

5. §I.5Submission of Contributions.

§I.5¶1§I.5¶1ṣ1Unless You explicitly state otherwise, any Contribution intentionally submitted for inclusion in the Work by You to the Licensor shall be under the terms and conditions of this License, without any additional terms or conditions. §I.5¶1ṣ2Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with Licensor regarding such Contributions.

6. §I.6Trademarks.

§I.6¶1§I.6¶1ṣ1This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file.

7. §I.7Disclaimer of Warranty.

§I.7¶1§I.7¶1ṣ1Unless required by applicable law or agreed to in writing, Licensor provides the Work (and each Contributor provides its Contributions) on an AS IS BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. §I.7¶1ṣ2You are solely responsible for determining the appropriateness of using or redistributing the Work and assume any risks associated with Your exercise of permissions under this License.

8. §I.8Limitation of Liability.

§I.8¶1§I.8¶1ṣ1In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages.

9. §I.9Accepting Warranty or Additional Liability.

§I.9¶1§I.9¶1ṣ1While redistributing the Work or Derivative Works thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. §I.9¶1ṣ2However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability.

§I.10END OF TERMS AND CONDITIONS

§IIAPPENDIX: How to apply the Educational Community License to your work

§II¶1§II¶1ṣ1To apply the Educational Community License to your work, attach the following boilerplate notice, with the fields enclosed by brackets [] replaced with your own identifying information. §II¶1ṣ2(Don't include the brackets!) §II¶1ṣ3The text should be enclosed in the appropriate comment syntax for the file format. §II¶1ṣ4We also recommend that a file or class name and description of purpose be included on the same printed page as the copyright notice for easier identification within third-party archives.

§II¶2§II¶2ṣ1Copyright [yyyy] [name of copyright owner] Paragraph break added

§II¶3§II¶3ṣ1Licensed under the Educational Community License, Version 2.0 (the License); ṣ1.1you may not use this file except in compliance with the License. §II¶3ṣ2You may obtain a copy of the License at

http://www.osedu.org/licenses/ECL-2.0

§II¶4§II¶4ṣ1Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an AS IS BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. §II¶4ṣ2See the License for the specific language governing permissions and limitations under the License.

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