NCSA Habanero (TM) software (hereafter referred to as "NCSA Habanero", "Habanero" or "Software") is intellectual property owned by The Board of Trustees of the University of Illinois (University), and all right, title and interest, including copyright, remain with the University. Habanero is not "public domain", "Freeware" or "Shareware" in the legal sense of those terms, however, it is available free of charge in many instances. This document provides explanation of the authorized distribution and use of Habanero and derivative products.
Habanero includes software in two forms: (1) Java (TM) Byte-code and (2) Source Code. Byte-code is the compiled code, the output of a Java compiler, which is ready to run on your computer under a Java interpreter. Source Code consists of a set of files which contain the actual program commands that are compiled to form the Byte-code. The terms of licensing for these two forms are identical for the Developer's Release of Habanero.
The University has restricted free commercial use of Habanero. Terms and limitations on releases subsequent to the Beta-1 Release are not finalized at this time. If interested in licensing as described in the Request for Use of NCSA Habanero Software, the Developer's Release of Habanero is currently available for download.
Habanero software can be downloaded at no cost by (1) any individual for personal use, (2) by agencies of the U.S. or French governments or their constituent local governments, (3) for use at an academic institution, and (4) for internal business use, as defined below.
The term "internal business purposes" means that a company may use Habanero inside the company, and only inside the company, without a commercial license. However, commercial licensing (which may require a fee payment) is mandatory if Habanero is distributed outside of the company, if a company product requires the use of Habanero, or if the company facilitates the installation of Habanero in any way. (Commercial licensing is explained further below.)
Due to contractual limitations on commercial components, within the Habanero environment, that the University of Illinois has itself licensed, no other organization may establish its own server (mirror) and load the NCSA Habanero software onto that server. However, anyone may direct others to the NCSA server where the software can be downloaded.
As specified in the Habanero Software License Agreement:
" Licensee may, at its own expense, modify the Software to make derivative works, as necessary for its own academic, research, and internal business purposes. However, Licensee's distribution of any derivative work is also subject to the same restrictions on distribution and use limitations that are specified herein for the University's Software, and may not be distributed to third parties without an appropriate license from the University. Any derivative work should be clearly marked to notify users that it is a modified version and not the original Habanero distributed by the University."
Although the Licensee is free to make and distribute complimentary works that interoperate with the Habanero framework without restriction, Licensee can only make derivative works (i.e., as defined in U.S. Copyright Law which, in general, is works that incorporate NCSA code or modifications thereof) for its own use, without redistribution rights.
If Licensee makes derivative works and desires to distribute its derivative works, it must contact the University for an appropriate license before beginning such distribution. NCSA cannot support derivative products.
Habanero will be licensed to authorized users for "academic, research and internal business purposes only, without a fee". Otherwise, use of Habanero requires a commercial license (which may require a fee payment). This is specified in the Software License Agreement as follows:
"Commercial use includes (1) integration of all or part of the Software into a product for sale or license by or on behalf of Licensee to third parties, or (2) distribution of the Software to third parties that need it to utilize a commercial product sold or licensed by or on behalf of Licensee. For example:(i) Any automatic assistance for downloading and/or installing the Software requires a commercial license. If the Licensee is providing a service that assists a user in transferring the Software to their machine or installs the Software on a user's machine, then a commercial license is required.
(ii) Distribution of the Software through such formats as diskette and CD-ROM requires a commercial license."
To elaborate the University/NCSA position further: Commercial use is generally meant to include selling Habanero or a derivative product incorporating Habanero, or distributing Habanero to be used with or in support of a product that someone else is selling. A commercial license is required:
(1) For any automatic assistance for downloading and/or installing the Software. Ask the question: "Is the company provide a service that is installing NCSA Habanero on machines?" If the answer is "yes", then a commercial license is required. For example, a company provides written instructions concerning downloading Habanero from the NCSA site, or a button that says, "NCSA Habanero is at this address" which locates the address for the user does not require licensing; anything further that assists the user in transferring the software to their machine, or installs it on their machine, does require a commercial license. Hence, any script or batch file designed to facilitate installation also requires a commercial license.
(2) For distribution of the Software through such formats as diskette or CD ROM. For example, a service provider cannot redistribute Habanero by diskette or CD ROM to encourage users of the service without a commercial license. However, on a case- by-case basis, the University/NCSA may approve a no-cost license for some diskette or CD-ROM distributions by non-profit, not-for- profit or government agencies or for academic institutions.
Commercial licensing is done to provide resources for future development at NCSA and the University of Illinois. Contact License@habanero.ncsa.uiuc.edu for further information on commercial licenses.
The Habanero and ISAAC projects terminated in early 2001. No support is provided.
Please read through this document and the Request for Use of NCSA Habanero Software carefully, as our staff available to answer questions is very limited and it may take us a while to return your e-mail. However, if you STILL have questions, contact the Principal Investigator, Larry S. Jackson.