The current version of the XFree86 Project licence is 1.1 which commences with XFree86 version 4.3.99.903 (XFree86 4.4.0 RC3) and applies to all versions (tags, snapshots, releases) of the software thereafter.
Our previous version of the license, Version 1.0, applies to 4.3.99.902 (XFree86 4.4.0 RC)2 and prior XFree86 versions.
XFree86 as a whole contains software covered by a range of different licenses and not a single license. This licence change applies only to those portions of the code that are copyrighted by The XFree86 Project, Inc. itself. Even so, some portions of this code continue to carry the 1.0 license. Refer to each source file for specific licence details. While we admit that all these licenses are unwieldy we hope that the following FAQ explains the rationale for this. If not, tell us how to improve this FAQ so our licensing scheme is transparent and above all, free.
Copyright (C) 1994-2004 The XFree86 Project, Inc.
All rights reserved.Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicence, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
- Redistributions of source code must retain the above copyright notice, this list of conditions, and the following disclaimer.
- Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution, and in the same place and form as other copyright, license and disclaimer information.
- The end-user documentation included with the redistribution, if any, must include the following acknowledgment: "This product includes software developed by The XFree86 Project, Inc (http://www.xfree86.org/) and its contributors", in the same place and form as other third-party acknowledgments. Alternately, this acknowledgment may appear in the software itself, in the same form and location as other such third-party acknowledgments.
- Except as contained in this notice, the name of The XFree86 Project, Inc shall not be used in advertising or otherwise to promote the sale, use or other dealings in this Software without prior written authorization from The XFree86 Project, Inc.
THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE XFREE86 PROJECT, INC OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
The XFree86 1.1 license uses some language from the original 1.0 license, together with some language from the Apache 1.1 license but it also has additional modifications that are solely intended to clarify the intent.
These modifications though, still seem to be unclear and vague to many in the XFree86 community and it is the purpose of this FAQ to dispel that uncertainity. If after reading this, you still have some questions, please use our open forum to search for discussions or post (forum@XFree86.org) other questsions so that they can also be discussed.
What is the difference between 1.0 and 1.1?
The first difference is that both the source code and the binary redistribution are now explicitly addressed and separated, because the original 1.0 license failed to clarify what was meant when it referred to "the Software". Traditionally, "Software" in the free software world has meant solely "source code". However, as our license allows binary-only redistributions, there is no provision under the 1.0 license which covers our licence notices specific to reproduction in those cases.
The second difference is that the new license, unlike the old one, explicitly requires that the copyright holders and its contributors are to be acknowledged in the end user documentation that accompanies redistribution, in the software binaries itself.
What is "third party software"?
This is a legal term to describe the various 'parties' involved in the transaction.
The distributor of software is the first party; the person to whom you are distributing to is the second party and others whose work you are distributing are the third parties. The shorthand for this mumbo jumbo is simply "Third Party Software."
To demonstate an example, if you receive XFree86 from any place other than from an XFree86.org site or one of its mirrors, you are receiving XFree86 as third party software.
What does "same form and place as other third-party acknowledgements" mean?
This is the thorny issue that comes up repeatedly on the forum list and probably is the most misunderstood.
This clause means that if a distributor of software or packages already includes acknowledgements for other third-party software contributions in its end-user documentation, then the XFree86 acknowledgement must also be made in a likewise manner.
Alternatively, if a derived work carries an acknowledgement of third-party software contributions within the software itself, such as a banner message, splash screen, about box, etc, then the XFree86 acknowledgement must be made similiarly.
What if there are no other acknowledgements of third party software?
In that rare case, where there is no other form of acknowledgements for other third-party software contributions in either the end-user documentation or in the software itself, then an explicit XFree86 acknowlegement is not required. All that is required is that the copyright and license accompany binary redistributions as stated in clause 2 of the licence.
Are you demanding credit everywhere?
No.
Acknowledgements or credits for other, non-software contributions, are not a factor all. A good example is, if you credit the artwork on a CDROM booklet, you are NOT required to place an XFree86 acknowledgement in that same place because even if you consider the CDROM booklet part of the end-user documentation, artwork credit is not a third-party software acknowledgement.
What about if there are multiple forms of end-user documentation?
In this instance, when there are multiple forms or pieces of end-user documentation which contain acknowledgements for third-party software contributions, then our requirement is satisfied by including the XFree86 acknowledgement in the most appropriate piece.
What about GPL-compatibility? Is this license GPL compatible?
No.
The 1.1 license is not GPL-compatible which means that the two programs cannot be combined into a larger work unless the authors of both works agree to this arrangement. That does not mean it cannot happen, it just means all parties must agree to it happening. We refer you to the GPL Faq for an in depth discussion of this issue.
To avoid issues with application programs such as KDE and GNOME and other X-based applications, that are licensed under the GPL, the 1.1 licence is not being applied to client side libraries.
Can XFree86 under the new 1.1 license stil be distributed with GPL programs?
This issue called 'mere aggregation' concerns putting two programs of different licensing schemes side by side on the same CD or DVD or hard disk. In this particuar case, just because one of the programs is covered by the GPL does not mean it's neighbor must also. They are independent of each and are 'merely aggregated' in the same space.
And most importantly, are you still free?
Absolutely. Always have been, always will be. We consider this the foundation of who we are, and so we put it in our name ;-)
Copyright (C) 1994-2003 The XFree86 Project, Inc.
All Rights Reserved.Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicence, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE XFREE86 PROJECT BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
Except as contained in this notice, the name of the XFree86 Project shall not be used in advertising or otherwise to promote the sale, use or other dealings in this Software without prior written authorization from the XFree86 Project.
License/Licence has been spelled variously throughout this page and our website to suit both the American and British readers. Both are correct according to the American Merriam-Webster dictionary.
Copyright © 1994-2004 The XFree86 Project, Inc. All Rights Reserved.
XFree86™ is a trademark of The XFree86 Project, Inc, and is pending registration.
Last Updated: 2 March 2004