The ACM JEA Software License

Note: this is not the official version of the license: it is intended only as a sample for discussion. ACM is working on a comprehensive copyright/license statement to cover software contributions to all of its publications. As soon as this statement is available, it will be posted here. Also, until this statement is available, authors will not be asked to sign the statement below, but, once the ACM statement is official, then authors will be asked to sign both text and software copyright transfer forms.

All software, both binary and source, and test data published by JEA (hereafter, Software) is copyrighted by the Association for Computing Machinery (hereafter, ACM) and ownership remains with the ACM.

The ACM grants to the possessor of this copy (the Licensee) a royalty-free, nonexclusive license to use, copy, modify and distribute both the binary and source code and any related test data (the Software) for academic, research and any other non-commercial uses only and subject to the following conditions:

1. By using or copying the Software, Licensee agree to abide by the terms of this Agreement.
2. Title and copyright to the Software remain with the ACM and Licensee agrees to preserve the same.
3. Licensee acknowledges that the Software is still in the development stage and that it is being supplied "as is", without any accompanying services from the ACM. The ACM MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. By way of example, but not limitation, the Authors MAKE NO REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THAT THE USE THE SOFTWARE WILL NOT INFRINGE ON ANY PATENTS OR OTHER RIGHTS. The ACM shall not be held liable for any liability nor for any direct, indirect or consequential damages with respect to any claim by Licensee or any third party with respect to this Agreement or any use of the Software.
4. Licensee may distribute the Software or any derivative work based on the the Software to third parties provided that (1) all copyright notices and this Agreement appear on all copies, and (2) no charge be associated with such copies. Unless Licensee labels the derivative work with the notice "No Grantback", Licensee agrees to grant the Authors a royalty-free nonexclusive license to use, copy, modify and distribute any modifications to the Software owned by Licensee and distributed to third parties as a derivative work under this Agreement.
5. If Licensee distributes a derivative work, then Licensee also agrees to (1) notify the Authors of the distribution, and (2) clearly notify users that such derivative work is a modified version and not the original Software.
6. Any Licensee wishing to make commercial use of the Software should contact the Authors to negotiate an appropriate license. Commercial use includes (1) integration of all or part of the source code into a product for sale or license by or on behalf of Licensee to third parties, or (2) distribution of the binary or source code to third parties that need it to use a commercial product sold or licensed by or on behalf of Licensee.
7. Licensee agrees to abide by all applicable laws of the United States, including, but not limited to, copyright and export control laws.
8. The ACM has the right to terminate this license immediately by written notice upon Licensee's breach of, or non-compliance with, any of its terms. Licensee may be held legally responsible for any copyright infringement that is caused or encouraged by Licensee's failure to abide by the terms of this license.

Last updated and validated August 21, 1995, by editor@jea.acm.org