Distribution, Licensing, Modification, and Sale of Certain Types of Software
Members of the Dartmouth College community may distribute or license as
"Open Source Software" software developed as part of their employed duties
provided the following criteria are followed. In addition, members of the
Dartmouth College community may distribute or license Open Source Software they
have received, used, or modified under a General Public License (GPL) or a
Berkeley Software Distribution (BSD) License, as long as the following criteria
- The license shall not restrict any party from selling or giving away the
software as a component of an aggregate software distribution containing
programs from several different sources. The license shall not require a
royalty or other fee for such sale.
- The program must include source code, and must allow distribution in source
code, as well as compiled form. Where some form of a product is not distributed
with the source code, there must be a well-publicized means of obtaining the
source code for no more than a reasonable reproduction cost, preferably
downloading via the Internet without charge. The source code must be the
preferred form in which a programmer would modify the program. Deliberately
obfuscated source code is not allowed. Intermediate forms, such as the output
of a preprocessor or translator, are not allowed.
- The license must allow modifications and derived works, and must allow them
to be distributed under the same terms as the license of the original
- The license may restrict source code from being distributed in modified
form only if the license allows the distribution of "patch files" with
the source code for the purpose of modifying the program at build time. The
license must explicitly permit distribution of software built from the modified
source code. The license may require derived works to carry a different name or
version number from the original software.
- The license must not discriminate against any person or group of
- The license must not restrict anyone from making use of the program in a
specific field of endeavor. For example, it may not restrict the program from
being used in a business or from being used for genetic research.
- The rights attached to the program must apply to all to whom the program is
redistributed without the need for execution of an additional license by those
- The rights attached to the program must not depend on the program's being
part of a particular software distribution. If the program is extracted from
that distribution and used or distributed within the terms of the program's
license, all parties to whom the program is redistributed should have the same
rights as those that are granted in conjunction with the original software
- The license must not place restrictions on other software that is
distributed along with the licensed software. For example, the license must not
insist that all other programs distributed on the same medium must be
- No provision of the license may be predicated on any individual technology
or style of interface.
- The license states: “THIS SOFTWARE IS PROVIDED ‘AS IS’ AND ANY EXPRESS OR
IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED.
IN NO EVENT SHALL DARTMOUTH COLLEGE OR ITS EMPLOYEES BE LIABLE FOR DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING
BUT NOT LIMITED TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
LOSS OF USE, DATA OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON
ANY THEORY OF LAIBILITY, WHETHER IN CONTRACT, STRICT LIABILITY OR TORT ARISING
IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED IN ADVANCE OF THE
POSSIBILITY OF SUCH DAMAGE.
- The license provides that redistribution and use of the software in source
or binary forms, with or without modification, are permitted, provided that:
- Any redistribution must include copyright notice attribution to Dartmouth
College, as well as the disclaimer contained in section 11 above, as well as
this list of conditions in any related documentation and, if feasible, on the
- Any redistribution must include the acknowledgment, “This product includes
software developed by Dartmouth College,” in any related documentation and, if
feasible, in the redistributed software; and
- The names “Dartmouth” and “Dartmouth College” may not be used to endorse or
promote products derived from this software.
- Dartmouth College does not allow its community members to modify software
where the license for that software prohibits modification. If you have
questions as to whether software may be modified, please check with the
Director of Computing Services or his/her designee.
- If a member of the community modifies software licensed to the College,
that person may not distribute or license that software unless permission is
granted from the Director of Computing Services or his/her designee.
- There are occasions when members of the Dartmouth community may develop
software or create enhancements to software licensed to the College. Subject to
Dartmouth’s Copyright Policy, no person may sell such modified software to a
third party without receiving permission from the Director of Computing
Software developed with federal, foundation, or corporate funding is not
necessarily covered by this policy. Specific special conditions regarding
software protection and distribution might pertain to a particular grant or
contract. Principal Investigators should contact the Office of Sponsored
Projects and/or the Technology Transfer Office
for advice before releasing any software developed with extramural funding.