Penguinista Open Content License

Penguinista.org

Penguinista Open Content License
(POCL) v0.1 - March 29, 2000

Please read this Penguinista Open Content License ("POCL") for our "Work" published by Rainy Day Software Corp., Dialogue Consulting Group, Rainy Day Internet, and Penguinista.org ("Penguinista"). You acknowledge that you accept the terms of this License.

1.  License; Requirements for Modified and Unmodified Versions.

a.  Grant.  Penguinista grants to you a non-exclusive license to reproduce and distribute, in whole or in part, in print or electronic media, the Open Content Work, excluding for commercial redistribution. If you reproduce or distribute the Open Content Work, you must adhere to the terms of this License and this License or an incorporation of it by reference as set forth in Section 2 below must be displayed in any reproduction. Penguinista reserves all rights not expressly granted herein.

b.  Attribution.  Any publication requires citation to the original author and to Penguinista. The original author’s and Penguinista’s names shall appear prominently on the covers and spine of the Open Content Work.

2. Incorporation by Reference.

Proper form for an incorporation by reference is as follows:

This is an Open Content Work published by Penguinista.org. You may reproduce and distribute this material provided that you adhere to the terms and conditions set forth in the Penguinista Open Content License (POCL; the latest version is presently available at www.penguinista.org/site-info/pocl.shtml).

3.  Copyright.

Copyright to the Work is owned by Penguinista.

4.  License Application and Disclaimer.

The following terms apply to the Work, unless otherwise expressly stated in this License:

a.  Application.  Mere aggregation or compilation of the Work or a portion thereof with other works or programs on the same media shall not cause this License to apply to those other works or programs. The aggregate work or compilation shall contain a notice specifying the inclusion of the material from the POCL Work and a copyright notice in the name of Penguinista.

b.  No Warranty.  This Work is licensed "as is" without warranties of any kind, express or implied, including without limitation any warranty of non-infringement or implied warranties of merchantability and fitness for a particular purpose, with respect to (i) the material in the Work, (ii) the software and the source code contained therein, and/or (iii) the techniques described in the Work.

5.  Requirements for Modified Works.

If you modify this Work, including in translations, anthologies, compilations, and partial documents, you must:

a.  Designation.  Designate within the modified work that the modification is a translation, anthology, compilation, portion of, or other modification of the Original Work.

b.  Identity.  Identify yourself as the person making the modifications and date the modification.

c.  Acknowledgment of Original Author and Penguinista.  Acknowledge the Work’s original author and Penguinista in accordance with standard academic citation practices.

d.  Location of Original Work.  Identify the original Work’s location.

e.  License.  Display this License or incorporate it by reference as set forth in Section 2 above.

f.  No Endorsement.  Not use the original author(s)’ name(s) or Penguinista’s name to indicate an endorsement by them of your modifications, without their prior written permission.

6.  Distribution of POCL Work(s)

The author and Penguinista require under the terms and conditions of this License that redistributors of the Work adhere to the following:

a.  E-mail Notification.  If you intend to distribute modified or unmodified copies (was modifications) of the Work in any form:

i. Minor redistributions of less than fifty (50) copies or via Internet websites:  You should provide e-mail notification to Penguinista (editor@penguinista.org) not later than thirty (30) days prior to your redistribution, in order to give Penguinista or the author(s) sufficient time to provide you with updated material to the Work, if any. Your e-mail notification should include descriptions of your modifications, if any. Minor distributions do not require that notice be given, but same is requested as a matter of "Good Practice." You may not charge a fee of any kind for the redistribution of the Work without obtaining prior written permission from the host as outlined in ii. below, unless substantial modifications have been made thereto.

ii. Major distributions of more than forty-nine (49) copies. Prior to preparing copies for distribution, you must request permission from Penguinista (editor@penguinista.org) to redistribute the Work. Prior permission must be obtained for any major distribution, else copyright is deemed to have been violated. Additional conditions may apply to any grant of permission in addition to those already set forth herein. Your e-mail notification must include descriptions of your intended modifications (if any), and details concerning the purpose and scope of the intended redistribution, as well as the anticipated cost to the end user, if any.

b.  Identification of Modifications.  You should clearly indicate, by marking up the document to reference the modifications, the substantive modifications and deletions you make to the Work, if any. This is not a requirement under the terms of this license, but is requested as a matter of "Good Practice."

c.  Free Copy of Modifications.  You should offer a free copy or copies of the modifications, whether in print or on CD-ROM, to the original author(s) and to Penguinista. This requirement is not mandatory, but is requested as a matter of "Good Practice."

7.  General.

This License constitutes the entire understanding between the parties as to the subject matter hereof.  This License shall be governed by the copyright laws of the Province of Manitoba, Canada, as amended, and case law thereunder. In the event one or more provisions contained in this License are held by any court or tribunal to be illegal or otherwise unenforceable, the remaining provisions of this License shall remain in full force and effect.

Contributors Agreement

If you desire to contribute to the Work and the intellectual development of its subject matter by providing written comments, additions, supplements, fixes, patches, or other contributions (collectively, "Contributions"), you acknowledge and agree that:

a.  Your Contribution may be used by Penguinista or the author(s) on a non-exclusive basis, in whole or in part, to reproduce, modify, fix, patch, display, redistribute, and otherwise use in print or electronic media, in the Work, revised editions, and otherwise throughout the world. You also understand that Penguinista and the author(s) cannot guarantee that either of them will use your Contribution in any manner.

b.  Based on the quality, extent, and use of your Contribution, you will receive a general or special acknowledgment, and may receive a contributor's honorarium, from Penguinista. In this regard, you hereby give Penguinista permission to acknowledge your Contribution by posting and otherwise reproducing your name and e-mail address.

c.  To your best knowledge, you represent and warrant that (i) your Contribution does not violate any copyright, trademark, or any other registered or common law intellectual property or proprietary right of any person or entity, (ii) all statements in your Contribution are true and accurate and do not violate the property or privacy rights of any third party, (iii) your Contribution does not contain information or instructions that could reasonably cause injury to person or property, and (iv) you have full authority to agree to the terms herein and to make these representations.