Torque License Change.

[Steve Traylen]

Hi,

Up to now torque has been licensed with the OpenPBS which has been Fedora
approved.

As of version 2.5 the license text changed, I missed this change at the time
and the
3.0.0 version currently in devel has an unsuitable license, e.g:
<quote>
1.  Redistribution in any form is only permitted for non-commercial,
    non-profit purposes.
</quote>

Following this there was a thread upstream:
http://www.clusterresources.com/pipermail/torquedev/2011-January/003342.html
and it resolved to be an error what had been done. The final statement from
the current
maintainers is warming:
http://www.clusterresources.com/pipermail/torquedev/2011-January/003369.html

So PBS_License.txt file was again changed to as below "TORQUE v2.5+ Software
License v1.0"

The new license claims torque is licensed both by the OpenPBS license and
this new Torque license.
The torque license v1.0 seems in isolation probably acceptable and includes
the acknowledgement from the old license.

So as I understand it now this "Torque v1.0"  license would need to be
approved and then
.spec contains,

License: OpenPBS and Torque

I should also include an old copy of OpenPBS license in %doc.




                  TORQUE v2.5+ Software License v1.0

Copyright (c) 2010 Adaptive Computing Enterprises, Inc.  All rights
reserved.

--------------------------------------------------------------------------------------------------------------
Use this license to use or redistribute the TORQUE software v2.5+ and later
versions.

For free support for TORQUE users, questions should be emailed to the
community of TORQUE users at torqueusers(a)supercluster.org.  Users can also
subscribe to the user mailing list at
http://www.supercluster.org/mailman/listinfo/torqueusers.

Customers using TORQUE that also are licensed users of Moab branded software
from Adaptive Computing Inc. can get TORQUE support from Adaptive Computing
via:

Email: torque-support(a)adaptivecomputing.com.
Phone: [phone]
  Web: www.adaptivecomputing.com     www.clusterresources.com
--------------------------------------------------------------------------------------------------------------

This license covers use of the TORQUE v2.5 software (the "Software") at your
site or location, and, for certain users, redistribution of the Software to
other sites and locations1.  Later version of TORQUE are also covered by
this license.  Use and redistribution of TORQUE v2.5 in source and binary
forms, with or without   modification, are permitted provided that all of
the following conditions are met.

1.  Redistribution in any form is only permitted for non-commercial,
    non-profit purposes.  There can be no charge for the Software or any
    software incorporating the Software.  Further, there can be no
    expectation of revenue generated as a consequence of redistributing the
    Software.

2.  Any Redistribution of source code must retain the above copyright notice
    and the acknowledgment contained in paragraph 5, this list of conditions
    and the disclaimer contained in paragraph 6.

3.  Any Redistribution in binary form must reproduce the above copyright
    notice and the acknowledgment contained in paragraph 5, this list of
    conditions and the disclaimer contained in paragraph 6 in the
    documentation and/or other materials provided with the distribution.

4.  Redistributions in any form must be accompanied by information on how to
    obtain complete source code for TORQUE and any modifications and/or
    additions to TORQUE.  The source code must either be included in the
    distribution or be available for no more than the cost of distribution
    plus a nominal fee, and all modifications and additions to the Software
    must be freely redistributable by any party (including Licensor) without

    restriction.

5.  All advertising materials mentioning features or use of the Software
must    display the following acknowledgment:

    "TORQUE is a modification of OpenPBS which was developed by NASA Ames
    Research Center, Lawrence Livermore National Laboratory, and Veridian
    Information   Solutions, Inc.  Visit www.clusterresources.com/products/
    for more information about TORQUE and to download TORQUE.

    For information about Moab branded products and so receive support from
    Adaptive Computing for TORQUE, see www.adaptivecomputing.com.”

6.  DISCLAIMER OF WARRANTY

    THIS SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ANY
    EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
    IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
    AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED.

    IN NO EVENT SHALL ADAPTIVE COMPUTING ENTERPRISES, INC. CORPORATION, ITS
    AFFILIATED COMPANIES, OR THE U.S. GOVERNMENT OR ANY OF ITS AGENCIES BE
    LIABLE FOR ANY DIRECT OR 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)
A
    RISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF
THE
    POSSIBILITY OF SUCH DAMAGE.

This license will be governed by the laws of Utah, without reference to its
choice of law rules.

Note 1:  TORQUE is developed from an earlier version v2.3 of OpenPBS.
TORQUE has been developed beyond OpenPBS v2.3.  The OpenPBS v2.3 license and
OpenPBS software can be obtained at:
http://www.pbsworks.com/ResLibSearchResult.aspx?keywords=openpbs&indu....
Users of TORQUE should comply with the TORQUE license as well as the OpenPBS
license.






-- 
Steve Traylen

[Tom Callaway]

On 02/02/2011 02:58 PM, Steve Traylen wrote:
>  The new license claims torque is licensed both by the OpenPBS
> license
>  and this new Torque license.
>  The torque license v1.0 seems in isolation probably acceptable and includes
>  the acknowledgement from the old license. 
Well, no. The v1.0 license is clearly non-free.

However: As posted here:
http://www.clusterresources.com/pipermail/torquedev/2011-January/003369.html

There is a Torque v1.1 license attached to that post, which is Free but
GPL incompatible (due to advertising clause).

I've added it to the licensing list with "TORQUEv1.1" as its short name
(to cleanly differentiate it from the non-free 1.0 license). Use:

License: OpenPBS and TORQUEv1.1

~tom

==
Fedora Project

[Steve Traylen]

On Thu, Feb 3, 2011 at 6:49 PM, Tom Callaway <tcallawa(a)redhat.com&gt; wrote:

>  On 02/02/2011 02:58 PM, Steve Traylen wrote:
>  > The new license claims torque is licensed both by the OpenPBS license
>  > and this new Torque license.
>  > The torque license v1.0 seems in isolation probably acceptable and
>  includes
>  > the acknowledgement from the old license.
>
>  Well, no. The v1.0 license is clearly non-free.
>
>  
Thank's I copy pasted the wrong file but you are step ahead of me.
The torque-3.0.0-snap.201102011355.tar.gz contains the v1.1 file
and I'll move devel to that now. I'll untag the bad build so that it
eventually
disappears.

Steve.


>  However: As posted here:
>
>  http://www.clusterresources.com/pipermail/torquedev/2011-January/003369.html
>
>  There is a Torque v1.1 license attached to that post, which is Free but
>  GPL incompatible (due to advertising clause).
>
>  I've added it to the licensing list with "TORQUEv1.1" as its short name
>  (to cleanly differentiate it from the non-free 1.0 license). Use:
>
>  License: OpenPBS and TORQUEv1.1
>
>  ~tom
>
>  ==
>  Fedora Project
>  


-- 
Steve Traylen