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FOSS License Exception

Updated October 9, 2008

What is the FOSS License Exception?

Sun’s Free and Open Source Software ("FOSS") License Exception (formerly known as the FLOSS License Exception) allows developers of FOSS applications to include Sun's MySQL Client Libraries (also referred to as "MySQL Drivers" or "MySQL Connectors") with their FOSS applications. MySQL Client Libraries are typically licensed pursuant to version 2 of the General Public License ("GPL"), but this exception permits distribution of certain MySQL Client Libraries with a developer’s FOSS applications licensed under the terms of another FOSS license listed below, even though such other FOSS license may be incompatible with the GPL.

The following terms and conditions describe the circumstances under which Sun’s FOSS License Exception applies.

Sun’s FOSS License Exception Terms and Conditions

  1. Definitions.
    2. "Derivative Work" means a derivative work, as defined under applicable copyright law, formed entirely from the Program and one or more FOSS Applications.

    "FOSS Application" means a free and open source software application distributed subject to a license listed in the section below titled "FOSS License List."

    "FOSS Notice" means a notice placed by Sun or MySQL in a copy of the MySQL Client Libraries stating that such copy of the MySQL Client Libraries may be distributed under Sun's or MySQL’s FOSS (or FLOSS) License Exception.

    "Independent Work" means portions of the Derivative Work that are not derived from the Program and can reasonably be considered independent and separate works.

    "Program" means a copy of Sun’s MySQL Client Libraries that contains a FOSS Notice.

  2. A FOSS application developer ("you" or "your") may distribute a Derivative Work provided that you and the Derivative Work meet all of the following conditions:
    1. You obey the GPL in all respects for the Program and all portions (including modifications) of the Program included in the Derivative Work (provided that this condition does not apply to Independent Works);
    2. The Derivative Work does not include any work licensed under the GPL other than the Program;
    3. You distribute Independent Works subject to a license listed in the section below titled "FOSS License List";
    4. You distribute Independent Works in object code or executable form with the complete corresponding machine-readable source code on the same medium and under the same FOSS license applying to the object code or executable forms;
    5. All works that are aggregated with the Program or the Derivative Work on a medium or volume of storage are not derivative works of the Program, Derivative Work or FOSS Application, and must reasonably be considered independent and separate works.
  3. Sun reserves all rights not expressly granted in these terms and conditions. If all of the above conditions are not met, then this FOSS License Exception does not apply to you or your Derivative Work.

    4. FOSS License List

    License Name Version(s)/Copyright Date
    Release Early Certified Software
    Academic Free License 2.0
    Apache Software License 1.0/1.1/2.0
    Apple Public Source License 2.0
    Artistic license From Perl 5.8.0
    BSD license "July 22 1999"
    Common Development and Distribution License (CDDL) 1.0
    Common Public License 1.0
    Eclipse Public License 1.0
    GNU Library or "Lesser" General Public License (LGPL) 2.0/2.1/3.0
    Jabber Open Source License 1.0
    MIT License (As listed in file MIT-License.txt) -
    Mozilla Public License (MPL) 1.0/1.1
    Open Software License 2.0
    OpenSSL license (with original SSLeay license) "2003" ("1998")
    PHP License 3.0/3.01
    Python license (CNRI Python License) -
    Python Software Foundation License 2.1.1
    Sleepycat License "1999"
    University of Illinois/NCSA Open Source License -
    W3C License "2001"
    X11 License "2001"
    Zlib/libpng License -
    Zope Public License 2.0

    FAQ

    Q1: What are the benefits of the FOSS License Exception?
    A: The FOSS License Exception permits use of the GPL-licensed MySQL Client Libraries with software applications licensed under certain other FOSS licenses without causing the entire derivative work to be subject to the GPL.
    Q2: Does the FOSS License Exception apply to all Sun software products, including the MySQL database server?
    A: No. The FOSS License Exception does not apply to Sun’s MySQL database server or any Sun or MySQL software other than the GPL-licensed MySQL Client Libraries.
    Q3: Can an open source software project combine and distribute any of Sun’s GPL-licensed MySQL software with other open source software under the FOSS License Exception? Does this include the MySQL database server?
    A: Open source software projects and other developers are free to use and distribute GPL-licensed MySQL software with other open source software as long as they comply with the terms of the GPL. Open source software projects and other developers can also use and distribute open source applications with the GPL-licensed MySQL Client Libraries under the terms of the FOSS License Exception without causing the entire derivative work to be subject to the GPL.

    The FOSS License Exception only applies to software licensed under the FOSS licenses listed in the section above titled “FOSS License List”, and only with respect to use and distribution of Sun’s MySQL Client Libraries.

    The FOSS License Exception does not apply to the MySQL database server or other Sun or MySQL software. The terms of the GPL apply with respect to use and distribution of the MySQL database server with any other software.
    Q4: Can commercial OEMs, ISVs or VARs combine and distribute commercial products with Sun’s GPL-licensed MySQL software under the FOSS License Exception? Does this include the MySQL database server?
    A: Distributors of commercial products that combine GPL-licensed MySQL software with commercially licensed software (i.e., software not licensed under a FOSS license) must comply with the terms of the GPL. This includes use and distribution of the GPL-licensed MySQL database server and MySQL Client Libraries. The FOSS License Exception does not apply with respect to products licensed under any license other than the FOSS licenses listed in the section above titled “FOSS License List.”
    Q5: What should a developer of a Derivative Work do if it wants to distribute the Derivative Work under the GPL?
    A: A developer may choose to distribute a copy of a Derivative Work exclusively under the terms of the GPL at any time by removing the FOSS License Exception notice from that copy of the Program and including appropriate GPL notices.
    Q6: If I have more questions, who should I contact?
    A: For more information, please contact a Sun sales representative.