The OML 3

This license is provided under the Creative Commons 3.0 Attribution, 2010 by ISECOM.

PREAMBLE

This license is intended to protect a methodology as a complex set of methods, processes, or procedures to be applied within a discipline. The key requirements of this license are that: 1) the methodology has value as intellectual property which through application thereof can produce value which is quantifiable, and 2) that the methodology is available publicly and an appropriate effort is made for the methodology to be transparent to anyone.

With respect the GNU General Public License (GPL), this license is similar with the exception that it gives the right to developers to include this Open Methodology License (OML) to anything which is not modifiable and distributed commercially.

The main concern covered by this license is that open methodology developers receive proper credit for contribution and development.

Special considerations to the Free Software Foundation and the GNU General Public License for legal concepts and wording.

TERMS AND CONDITIONS

1. The license applies to any methodology or other intellectual tool (i.e. matrix, checklist, etc.) which contains a notice placed by the creator saying it is protected under the terms of this Open Methodology License 3.0 or OML 3.0.

2. The Methodology refers to any such methodology, intellectual tool or any such work based on the Methodology. A “work based on the Methodology” means either the Methodology or any derivative work by Trade Secret law which applies to a work containing the Methodology or a portion of it, either verbatim or with modifications or translated into another language.

3. All persons may use, distribute, teach, and promote the Methodology exactly as it has been received, in any medium, provided that they conspicuously and appropriately publish on each copy the appropriate Open Methodology License notice and the attribution for the creator or creators of the Methodology; keep intact all the notices that refer to this License and to the absence of any warranty; give any other recipients of the Methodology a copy of this License along with the Methodology, and the location as to where they can receive an original copy of the Methodology from the Methodology creator.

4. Any persons who sell training or services of the Methodology must clearly display the name of the creators of this Methodology in addition to the terms of this license.

5. All persons may include this Methodology in part or in whole in commercial service offerings, private, internal, or non-commercial use including software, checklists, or tools, or within a class or training for educational purposes without explicit consent from the creator providing points 3 and 4 are complied with.

6. No persons may distribute an adaption, modification, or change of this Methodology nor commercially sell a product, tool, checklist, or software which applies this Methodology without explicit consent from the creator.

7. All persons may utilize the Methodology or any portion of it to create or enhance free software and copy and distribute such software under any terms, provided that they also meet all of these conditions:

  • a) Points 3, 4, 5, and 6 of this License are strictly adhered to.
  • b) Any reduction to or incomplete usage of the Methodology in software must strictly and explicitly state which parts of the Methodology were utilized in the software and which parts were not.
  • c) When the software is run, all software using the Methodology must either cause the software, when started running, to print or display an announcement of use of the Methodology including a notice of warranty how to view a copy of this License or make clear provisions in another form such as in documentation or delivered open source code.

8. If, as a consequence of a court judgment or allegation of Patent infringement, Trade Secret law infringement, or for any other legal reason, where conditions are imposed on any person (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse said person from the conditions of this License. If said person cannot satisfy simultaneously the obligations under this License and any other pertinent obligations, then as a consequence said person may not use, copy, apply, use, distribute, or promote, the Methodology at all. If any portion of this section is held invalid or unenforceable under any particular circumstance, the balance of the section is intended to apply and the section as a whole is intended to apply in other circumstances.

9. If the distribution or use of the Methodology is restricted in certain countries either by patents or by Trade Secret interfaces, the original creator who places the Methodology under this License may add an explicit geographical distribution limitation excluding those countries, so that application, use, or distribution is permitted only in or among countries not thus excluded. In such case, this License incorporates the limitation as if written in the body of this License.

10. ISECOM may publish revised or new versions of the Open Methodology License. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns.

NO WARRANTY

11. Because the methodology is licensed free of charge, there is no warranty for the methodology, to the extent permitted by applicable law except when otherwise stated in writing the creator or other parties provide the methodology “as is” without a warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. The entire risk as to the quality and performance in use of the methodology is with the persons accepting this license. Should the methodology prove incomplete or incompatible said person assumes the cost of all necessary servicing, repair or correction.

12. In no event unless required by applicable law or agreed to in writing will the creator, or any other party who may use, apply, or teach the methodology unmodified as permitted herein, be liable to any persons for damages, including any general, special, incidental or consequential damages arising out of the use of or inability to use the methodology (including but not limited to loss, inaccuracies, or failure of the methodology to operate with any other methodologies), even if such holder or other party has been advised of the possibility of such damages.