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spdx / license-list-XML

This is the repository for the master files that comprise the SPDX License List
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New license request: AML-glslang #2168

Closed xsuchy closed 9 months ago

xsuchy commented 11 months ago

1. License Name: NVIDIA 2. Short identifier: NVIDIA 3. License Author or steward: Unknow 4. Comments: This license is used in glslang. It was discovered using Fedora License review https://gitlab.com/fedora/legal/fedora-license-data/-/issues/348 5. License Request Url: http://tools.spdx.org/app/license_requests/299 6. URL(s): https://github.com/KhronosGroup/glslang/blob/main/LICENSE.txt#L949 7. OSI Status: Unknown 8. Example Projects: https://github.com/KhronosGroup/glslang

xsuchy commented 11 months ago
Text of the license Copyright (c) 2002, NVIDIA Corporation. NVIDIA Corporation("NVIDIA") supplies this software to you in consideration of your agreement to the following terms, and your use, installation, modification or redistribution of this NVIDIA software constitutes acceptance of these terms. If you do not agree with these terms, please do not use, install, modify or redistribute this NVIDIA software. In consideration of your agreement to abide by the following terms, and subject to these terms, NVIDIA grants you a personal, non-exclusive license, under NVIDIA's copyrights in this original NVIDIA software (the "NVIDIA Software"), to use, reproduce, modify and redistribute the NVIDIA Software, with or without modifications, in source and/or binary forms; provided that if you redistribute the NVIDIA Software, you must retain the copyright notice of NVIDIA, this notice and the following text and disclaimers in all such redistributions of the NVIDIA Software. Neither the name, trademarks, service marks nor logos of NVIDIA Corporation may be used to endorse or promote products derived from the NVIDIA Software without specific prior written permission from NVIDIA. Except as expressly stated in this notice, no other rights or licenses express or implied, are granted by NVIDIA herein, including but not limited to any patent rights that may be infringed by your derivative works or by other works in which the NVIDIA Software may be incorporated. No hardware is licensed hereunder. THE NVIDIA SOFTWARE IS BEING PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ITS USE AND OPERATION EITHER ALONE OR IN COMBINATION WITH OTHER PRODUCTS. IN NO EVENT SHALL NVIDIA BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS; PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) OR ARISING IN ANY WAY OUT OF THE USE, REPRODUCTION, MODIFICATION AND/OR DISTRIBUTION OF THE NVIDIA SOFTWARE, HOWEVER CAUSED AND WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF NVIDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Pizza-Ria commented 10 months ago

This is close to https://spdx.org/licenses/AML.html but there are some differences that don't fall into the nonsubstantive variations outlined in the Matching Guidelines:

Pizza-Ria commented 10 months ago

So, OK to add unless someone wants to convince me otherwise.

zvr commented 10 months ago

If it's not significantly different, should we simply "templatize" AML so that it matches this text, as well?

jlovejoy commented 10 months ago

we have generally treated changes to the disclaimer as potentially substantive. I'm not sure how I feel about the "and conditions" part types of damages is also a tough one... need to think more on this one.

@swinslow @richardfontana - thoughts?

richardfontana commented 10 months ago

Isn't the different wording regarding retention of the copyright notice substantive (by typical SPDX-legal standards)?

AML: "if you redistribute the Apple Software in its entirety and without modifications, you must retain this notice and the following text and disclaimers in all such redistributions of the Apple Software."

NVIDIA license: "if you redistribute the NVIDIA Software, you must retain the copyright notice of NVIDIA, this notice and the following text and disclaimers in all such redistributions of the NVIDIA Software."

swinslow commented 10 months ago

Thank you @Pizza-Ria for the helpful summary of the differences from AML!

In my view, the addition of an explicit carveout for "EXEMPLARY" damages is enough of a possibly-substantive difference to say that this one should be separate. And to @richardfontana's point, I agree also that the absence of "in its entirety and without modifications" likely changes the obligation enough that we should treat it as separate from AML.

So I'm +1 to add it, in light of it being largely comparable to AML which is already on the list, together with its use in Fedora.

For the name and ID, that's where I'm a bit less clear what to go with. I'm guessing NVIDIA has used a lot of different licenses from time to time, so I'm hesitant to declare this one in particular as the "NVIDIA" license?

Looking at this NVIDIA page, which appears to list many different license texts for things that NVIDIA distributes, the only occurrence of this particular text seems to be from glslang -- the same project that @xsuchy submitted this one for. And a Google search for the initial snippet of text ("supplies this software to you in consideration of your agreement to the following terms") across nvidia.com similarly only shows this glslang usage.

Given that, how about NVIDIA-glslang as the ID and NVIDIA glslang License as the name?

swinslow commented 10 months ago

Discussed on 2023-10-26 legal team call. Agreed to add -- for identifier, AML-glslang; for license name, "AML glslang variant License"