August 6, 2002

Rough draft of Open Source click-wrap notice

Lawrence Rosen to the license-discuss mailing list: "After private follow-up discussion among interested parties, I am
proposing the following Open Source Click-Wrap Notice that can be used
for the distribution of open source software."
I seek the review of the participants on license-discuss, followed by
the approval of the board of OSI to post this on the OSI website as a
recommended solution to the click-wrap problem.

Anyone receiving the distributed software would be required to click on
"I AGREE" before the software is downloaded or installed. This
expression of assent would satisfy the requirement of the law that a
contracting party must agree to a contract before it can be asserted
against him. As to whether the notice is provided before download or
before install, that is at the discretion of the distributor.

If any fee is charged for the software, then a mechanism must also be
provided for a refund if the user decides not to agree. I have not
otherwise described the "I DO NOT AGREE" button or procedure.

The objective here is to provide a simple mechanism that does not unduly
burden either users or distributors. We have responded to concerns that
the distributer of a complex package would possibly have to implement
multiple click-wrap assents before the entire package could be
installed. That is clearly not what we want. The proposed mechanism
involves merely one click for the entire distribution.

There are a couple of places in the Open Source Click-Wrap Notice below
that are optional. To that extent, this notice is a template. First,
if the source code is available at a website, the notice can be used to
point to that location. Second, if the distributor is providing a
warranty (other than the AS-IS warranty disclaimer in most licenses),
there is a place for those warranty terms to be stated or linked-to.
Finally, for those distributors who want to provide an automatic way for
the user to read and review the licenses, a one-click method is
identified.

Please note that the use of the Open Source Click-Wrap Notice remains
optional unless a licensor includes a requirement for an express assent
in his or her license, in which case the distribution of that software
must be made according to the licensor's terms. Each distributor should
consult with his or her attorney about whether to use this Notice.

Please send your comments and suggestions to license-discuss.

/Larry Rosen

*************************

OPEN SOURCE CLICK-WRAP NOTICE

By clicking on "I AGREE" below, you indicate
your acceptance of the software programs
included on this distribution under the terms
and conditions of the licenses applicable to
each of them. You will be permitted to install and
use the software programs included on this
distribution only if you click "I AGREE" below.

The software programs on this distribution are
protected by copyright in the United States
and other countries, and by international treaty,
or by one or more patents. You understand and agree
that the installation, use, copying, modification,
and distribution of this software may be prohibited
by law unless you agree to the applicable licenses.

You acknowledge that some or all of this software
is being distributed under open source licenses
that allow you to copy the software, create
modifications to it, and distribute those copies
and modifications, and that some or all of those
licenses may also require that you publish the
source code of any copies or modifications that
you distribute. Source code for all open source
software included on this distribution is included
with the distribution or is available from the
distributor[ at www.xxxxxx.com].

YOU ACKNOWLEDGE THAT SOME OR ALL OF THESE SOFTWARE
PROGRAMS ARE PROVIDED BY THE LICENSOR AS-IS, WITHOUT
ANY WARRANTY, INCLUDING WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT,
AS STATED IN THE APPLICABLE LICENSES.

[YOU FURTHER ACKNOWLEDGE THAT THE DISTRIBUTOR IS
PROVIDING THIS DISTRIBUTION AS-IS, WITHOUT ANY WARRANTY,
INCLUDE THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT.]
[THE DISTRIBUTOR'S WARRANTY TERMS FOR THIS DISTRIBUTION
ARE SPECIFIED AT www.xxxxxx.com.]

The name of each software program on this distribution
and its applicable license is listed on the file
LICENSE.TXT included with this distribution[, which you
can read by clicking on "REVIEW THE LICENSES" below].

--

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