4. Exclusions from License Grant

Both OSL and AFL

Neither the names of Licensor, nor the names of any contributors to the Original Work, nor any of their trademarks or service marks, may be used to endorse or promote products derived from this Original Work without express prior written permission of the Licensor. Nothing in this License shall be deemed to grant any rights to trademarks, copyrights, patents, trade secrets or any other intellectual property of Licensor except as expressly stated herein. No patent license is granted to make, use, sell or offer to sell embodiments of any patent claims other than the licensed claims defined in Section 2. No right is granted to the trademarks of Licensor even if such marks are included in the Original Work. Nothing in this License shall be interpreted to prohibit Licensor from licensing under different terms from this License any Original Work that Licensor otherwise would have a right to license.

This OSL and AFL provision is intended primarily to make explicit what most other licenses don't say: There are some rights that the original owner will not license. By doing this explicitly, there will be no uncertainty by either party about implied licenses to intellectual property.

This provision prohibits the use by any licensee of the name and trademarks of the licensor. This section later makes it clear that, even if the licensor's trademarks are present in the software, there is no license to those trademarks for derivative works. In other words, the author of a derivative work may actually have to remove references to the licensor's trademarks from his or her derivative works.

Second, the OSL/AFL exclude all implied copyright and patent licenses; only express licenses are granted, limited by the words of the express grants. (See OSL/AFL sections 1and 2.)

Finally, the OSL/AFL make it clear that the licensor reserves the right to license original works under other licenses besides this one.

Comparison to Other Licenses

None of the other licenses described in this book contain a specific section excluding certain rights from the license grants. This does not mean that those licenses include the licenses that are excluded by the OSL/AFL, but only that the exclusion is left to implication .

The BSD license excludes the right to use the name of the licensor or any contributors "to endorse or promote products" derived from the software.

The Apache license excludes the right to use Apache or Apache Software Foundation in derivative works "to endorse or promote products." (Apache license sections 4 and 5.)

The Artistic License excludes the right to use the name of the Copyright Holder in derivative works to endorse or promote products. (Artistic license section 8.)

The GPL contains no explicit statement of exclusion from license grant.

The MPL grants intellectual property rights from the Initial Developer and Contributor , but excludes trademark rights. (MPL sections 2.1[a] and 2.2[a].) It also requires every licen-see to rename derivative works of the license itself and to remove references to the Mozilla and Netscape trademarks.

The CPL contains no explicit statement of exclusion from license grant.