|
1 | | ---- Start of Definition of OSMC Public License --- |
| 1 | +--- Start of Definition of OpenModelica Run-time System Public License --- |
2 | 2 |
|
3 | 3 | /* |
4 | | - * This file is part of OpenModelica. |
| 4 | + * This file belongs to the OpenModelica Run-Time System. |
5 | 5 | * |
6 | 6 | * Copyright (c) 1998-CurrentYear, Open Source Modelica Consortium (OSMC), |
7 | 7 | * c/o Linköpings universitet, Department of Computer and Information Science, |
8 | | - * SE-58183 Linköping, Sweden. |
| 8 | + * SE-58183 Linköping, Sweden. All rights reserved. |
9 | 9 | * |
10 | | - * All rights reserved. |
11 | | - * |
12 | | - * THIS PROGRAM IS PROVIDED UNDER THE TERMS OF AGPL VERSION 3 LICENSE OR |
13 | | - * THIS OSMC PUBLIC LICENSE (OSMC-PL) VERSION 1.8. |
14 | | - * ANY USE, REPRODUCTION OR DISTRIBUTION OF THIS PROGRAM CONSTITUTES |
15 | | - * RECIPIENT'S ACCEPTANCE OF THE OSMC PUBLIC LICENSE OR THE GNU AGPL |
| 10 | + * THIS PROGRAM IS PROVIDED UNDER THE TERMS OF THE BSD NEW LICENSE OR THE |
| 11 | + * AGPL VERSION 3 LICENSE OR THE OSMC PUBLIC LICENSE (OSMC-PL) VERSION 1.8. |
| 12 | + * ANY USE, REPRODUCTION OR DISTRIBUTION OF THIS PROGRAM CONSTITUTES RECIPIENT'S |
| 13 | + * ACCEPTANCE OF THE BSD NEW LICENSE OR THE OSMC PUBLIC LICENSE OR THE AGPL |
16 | 14 | * VERSION 3, ACCORDING TO RECIPIENTS CHOICE. |
17 | 15 | * |
18 | 16 | * The OpenModelica software and the OSMC (Open Source Modelica Consortium) |
19 | 17 | * Public License (OSMC-PL) are obtained from OSMC, either from the above |
20 | | - * address, from the URLs: |
21 | | - * http://www.openmodelica.org or |
| 18 | + * address, from the URLs: http://www.openmodelica.org or |
22 | 19 | * https://github.com/OpenModelica/ or |
23 | | - * http://www.ida.liu.se/projects/OpenModelica, |
24 | | - * and in the OpenModelica distribution. |
25 | | - * |
26 | | - * GNU AGPL version 3 is obtained from: |
27 | | - * https://www.gnu.org/licenses/licenses.html#GPL |
| 20 | + * http://www.ida.liu.se/projects/OpenModelica, and in the OpenModelica |
| 21 | + * distribution. GNU AGPL version 3 is obtained from: |
| 22 | + * https://www.gnu.org/licenses/licenses.html#GPL. The BSD NEW License is |
| 23 | + * obtained from: http://www.opensource.org/licenses/BSD-3-Clause. |
28 | 24 | * |
29 | | - * This program is distributed WITHOUT ANY WARRANTY; without |
30 | | - * even the implied warranty of MERCHANTABILITY or FITNESS |
31 | | - * FOR A PARTICULAR PURPOSE, EXCEPT AS EXPRESSLY SET FORTH |
32 | | - * IN THE BY RECIPIENT SELECTED SUBSIDIARY LICENSE CONDITIONS OF OSMC-PL. |
33 | | - * |
34 | | - * See the full OSMC Public License conditions for more details. |
| 25 | + * This program is distributed WITHOUT ANY WARRANTY; without even the implied |
| 26 | + * warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE, EXCEPT AS |
| 27 | + * EXPRESSLY SET FORTH IN THE BY RECIPIENT SELECTED SUBSIDIARY LICENSE |
| 28 | + * CONDITIONS OF OSMC-PL. |
35 | 29 | * |
36 | 30 | */ |
37 | 31 |
|
38 | | ---- End of OSMC Public License Header --- |
39 | | - |
40 | | -The OSMC-PL is a public license for OpenModelica with three modes/alternatives |
41 | | -(AGPL, OSMC-Internal-EPL, OSMC-External-EPL) for use and redistribution, |
42 | | -in source and/or binary/object-code form: |
43 | | - |
44 | | -* AGPL. Any party (member or non-member of OSMC) may use and redistribute |
45 | | - OpenModelica under GNU AGPL version 3. |
46 | | - |
47 | | -* Level 1 members of OSMC may also use and redistribute OpenModelica under |
48 | | - OSMC-Internal-EPL conditions. |
49 | | - |
50 | | -* Level 2 members of OSMC may also use and redistribute OpenModelica under |
51 | | - OSMC-Internal-EPL or OSMC-External-EPL conditions. |
52 | | -Definitions of OSMC Public license modes: |
53 | | - |
54 | | -* AGPL = GNU AGPL version 3. |
55 | | - |
56 | | -* OSMC-Internal-EPL = These OSMC Public license conditions together with |
57 | | - Internally restricted EPL, i.e., EPL version 1.0 with the Additional |
58 | | - Condition that use and redistribution by an OSMC member is only allowed |
59 | | - within the OSMC member's own organization (i.e., its own legal entity), |
60 | | - or for an OSMC member paying an annual fee corresponding to the size |
61 | | - of the organization including all its affiliates, use and redistribution |
62 | | - is allowed within/between its affiliates. |
63 | | - |
64 | | -* OSMC-External-EPL = These OSMC Public license conditions together with |
65 | | - Externally restricted EPL, i.e., EPL version 1.0 with the Additional |
66 | | - Condition that use and redistribution by an OSMC member, or by a Licensed |
67 | | - Third Party Distributor having a redistribution agreement with that member, |
68 | | - to parties external to the OSMC member’s own organization (i.e., its own |
69 | | - legal entity) is only allowed in binary/object-code form, except the case of |
70 | | - redistribution to other OSMC members to which source is also allowed to be |
71 | | - distributed. |
72 | | - |
73 | | -[This has the consequence that an external party who wishes to use |
74 | | - OpenModelica in source form together with its own proprietary software in all |
75 | | - cases must be a member of OSMC]. |
76 | | - |
77 | | -In all cases of usage and redistribution by recipients, the following |
78 | | -conditions also apply: |
79 | | - |
80 | | -a) Redistributions of source code must retain the above copyright notice, |
81 | | - all definitions, and conditions. It is sufficient if the OSMC-PL Header |
82 | | - is present in each source file, if the full OSMC-PL is available in a |
83 | | - prominent and easily located place in the redistribution. |
84 | | - |
85 | | -b) Redistributions in binary/object-code form must reproduce the above |
86 | | - copyright notice, all definitions, and conditions. It is sufficient if the |
87 | | - OSMC-PL Header and the location in the redistribution of the full OSMC-PL |
88 | | - are present in the documentation and/or other materials provided with the |
89 | | - redistribution, if the full OSMC-PL is available in a prominent and easily |
90 | | - located place in the redistribution. |
91 | | - |
92 | | -c) A recipient must clearly indicate its chosen usage mode of OSMC-PL, |
93 | | - in accompanying documentation and in a text file OSMC-USAGE-MODE.txt, |
94 | | - provided with the distribution. |
95 | | - |
96 | | -d) Contributor(s) making a Contribution to OpenModelica thereby also makes a |
97 | | - Transfer of Contribution Copyright. In return, upon the effective date of |
98 | | - the transfer, OSMC grants the Contributor(s) a Contribution License of the |
99 | | - Contribution. OSMC has the right to accept or refuse Contributions. |
100 | | - |
101 | | -Definitions: |
102 | | - |
103 | | -"Subsidiary license conditions" means: |
104 | | - |
105 | | -The additional license conditions depending on the by the recipient chosen |
106 | | - mode of OSMC-PL, defined by GNU AGPL version 3.0 for AGPL, and by EPL for |
107 | | - OSMC-Internal-EPL and OSMC-External-EPL. |
108 | | -"OSMC-PL" means: |
109 | | - |
110 | | -Open Source Modelica Consortium Public License version 1.8, i.e., the license |
111 | | -defined here (the text between |
112 | | -"--- Start of Definition of OSMC Public License ---" and |
113 | | -"--- End of Definition of OSMC Public License ---", or later versions thereof. |
114 | | - |
115 | | -"OSMC-PL Header" means: |
116 | | - |
117 | | -Open Source Modelica Consortium Public License Header version 1.8, i.e., the |
118 | | -text between "--- Start of Definition of OSMC Public License ---" and |
119 | | -"--- End of OSMC Public License Header ---", or later versions thereof. |
120 | | - |
121 | | -"Contribution" means: |
122 | | - |
123 | | -a) in the case of the initial Contributor, the initial code and documentation |
124 | | - distributed under OSMC-PL, and |
125 | | - |
126 | | -b) in the case of each subsequent Contributor: |
127 | | - i) changes to OpenModelica, and |
128 | | - ii) additions to OpenModelica; |
129 | | - |
130 | | -where such changes and/or additions to OpenModelica originate from and are |
131 | | -distributed by that particular Contributor. A Contribution 'originates' from |
132 | | -a Contributor if it was added to OpenModelica by such Contributor itself or |
133 | | -anyone acting on such Contributor's behalf. |
134 | | - |
135 | | -For Contributors licensing OpenModelica under OSMC-Internal-EPL or |
136 | | -OSMC-External-EPL conditions, the following conditions also hold: |
137 | | - |
138 | | -Contributions do not include additions to the distributed Program which: (i) |
139 | | -are separate modules of software distributed in conjunction with OpenModelica |
140 | | -under their own license agreement, (ii) are separate modules which are not |
141 | | -derivative works of OpenModelica, and (iii) are separate modules of software |
142 | | -distributed in conjunction with OpenModelica under their own license agreement |
143 | | -where these separate modules are merged with (weaved together with) modules of |
144 | | -OpenModelica to form new modules that are distributed as object code or source |
145 | | -code under their own license agreement, as allowed under the Additional |
146 | | -Condition of internal distribution according to OSMC-Internal-EPL and/or |
147 | | -Additional Condition for external distribution according to OSMC-External-EPL. |
148 | | - |
149 | | -"Transfer of Contribution Copyright" means that the Contributors of a |
150 | | -Contribution transfer the ownership and the copyright of the Contribution to |
151 | | -Open Source Modelica Consortium, the OpenModelica Copyright owner, for |
152 | | -inclusion in OpenModelica. The transfer takes place upon the effective date |
153 | | -when the Contribution is made available on the OSMC web site under OSMC-PL, by |
154 | | -such Contributors themselves or anyone acting on such Contributors' behalf. |
155 | | -The transfer is free of charge. If the Contributors or OSMC so wish, |
156 | | -an optional Copyright transfer agreement can be signed between OSMC and the |
157 | | -Contributors, as specified in an Appendix of the OSMC Bylaws. |
158 | | - |
159 | | -"Contribution License" means a license from OSMC to the Contributors of the |
160 | | -Contribution, effective on the date of the Transfer of Contribution Copyright, |
161 | | -where OSMC grants the Contributors a non-exclusive, world-wide, transferable, |
162 | | -free of charge, perpetual license, including sublicensing rights, to use, |
163 | | -have used, modify, have modified, reproduce and or have reproduced the |
164 | | -contributed material, for business and other purposes, including but not |
165 | | -limited to evaluation, development, testing, integration and merging with |
166 | | -other software and distribution. The warranty and liability disclaimers of |
167 | | -OSMC-PL apply to this license. |
168 | | - |
169 | | -"Contributor" means any person or entity that distributes (part of) |
170 | | -OpenModelica. |
171 | | - |
172 | | -"The Program" means the Contributions distributed in accordance with OSMC-PL. |
173 | | - |
174 | | -"OpenModelica" means the Contributions distributed in accordance with OSMC-PL. |
175 | | - |
176 | | -"Recipient" means anyone who receives OpenModelica under OSMC-PL, |
177 | | -including all Contributors. |
178 | | - |
179 | | -"Licensed Third Party Distributor" means a reseller/distributor having signed |
180 | | -a redistribution/resale agreement in accordance with OSMC-PL and OSMC Bylaws, |
181 | | -with an OSMC Level 2 organizational member which is not an Affiliate of the |
182 | | -reseller/distributor, for distributing a product containing part(s) of |
183 | | -OpenModelica. The Licensed Third Party Distributor shall only be allowed |
184 | | -further redistribution to other resellers if the Level 2 member is granting |
185 | | -such a right to it in the redistribution/resale agreement between the |
186 | | -Level 2 member and the Licensed Third Party Distributor. |
187 | | - |
188 | | -"Affiliate" shall mean any legal entity, directly or indirectly, through one |
189 | | -or more intermediaries, controlling or controlled by or under common control |
190 | | -with any other legal entity, as the case may be. For purposes of this |
191 | | -definition, the term "control" (including the terms "controlling", |
192 | | -"controlled by" and "under common control with") means the possession, |
193 | | -direct or indirect, of the power to direct or cause the direction of the |
194 | | -management and policies of a legal entity, whether through the ownership of |
195 | | -voting securities, by contract or otherwise. |
196 | | - |
197 | | -NO WARRANTY |
198 | | - |
199 | | -EXCEPT AS EXPRESSLY SET FORTH IN THE BY RECIPIENT SELECTED SUBSIDIARY |
200 | | -LICENSE CONDITIONS OF OSMC-PL, OPENMODELICA IS PROVIDED ON AN "AS IS" |
201 | | -BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR |
202 | | -IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF |
203 | | -TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR |
204 | | -PURPOSE. Each Recipient is solely responsible for determining the |
205 | | -appropriateness of using and distributing OPENMODELICA and assumes all risks |
206 | | -associated with its exercise of rights under OSMC-PL , including but not |
207 | | -limited to the risks and costs of program errors, compliance with applicable |
208 | | -laws, damage to or loss of data, programs or equipment, and unavailability |
209 | | -or interruption of operations. |
210 | | - |
211 | | -DISCLAIMER OF LIABILITY |
212 | | - |
213 | | -EXCEPT AS EXPRESSLY SET FORTH IN THE BY RECIPIENT SELECTED SUBSIDIARY |
214 | | -LICENSE CONDITIONS OF OSMC-PL, NEITHER RECIPIENT NOR ANY CONTRIBUTORS |
215 | | -SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, |
216 | | -EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION |
217 | | -LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN |
218 | | -CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) |
219 | | -ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF OPENMODELICA OR THE |
220 | | -EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE |
221 | | -POSSIBILITY OF SUCH DAMAGES. |
222 | | - |
223 | | -A Contributor licensing OpenModelica under OSMC-Internal-EPL or |
224 | | -OSMC-External-EPL may choose to distribute (parts of) OpenModelica in object |
225 | | -code form under its own license agreement, provided that: |
226 | | - |
227 | | -a) it complies with the terms and conditions of OSMC-PL; or for the case of |
228 | | -redistribution of OpenModelica together with proprietary code it is a dual |
229 | | -license where the OpenModelica parts are distributed under OSMC-PL compatible |
230 | | -conditions and the proprietary code is distributed under proprietary license |
231 | | -conditions; and |
232 | | - |
233 | | -b) its license agreement: |
234 | | - i) effectively disclaims on behalf of all Contributors all warranties and |
235 | | -conditions, express and implied, including warranties or conditions of title |
236 | | -and non-infringement, and implied warranties or conditions of merchantability |
237 | | -and fitness for a particular purpose; |
238 | | - ii) effectively excludes on behalf of all Contributors all liability for |
239 | | -damages, including direct, indirect, special, incidental and consequential |
240 | | -damages, such as lost profits; |
241 | | - iii) states that any provisions which differ from OSMC-PL are offered by that |
242 | | -Contributor alone and not by any other party; and |
243 | | - iv) states from where the source code for OpenModelica is available, and |
244 | | -informs licensees how to obtain it in a reasonable manner on or through a |
245 | | -medium customarily used for software exchange. |
246 | | - |
247 | | -When OPENMODELICA is made available in source code form: |
248 | | - |
249 | | - a) it must be made available under OSMC-PL; and |
250 | | - |
251 | | - b) a copy of OSMC-PL must be included with each copy of OPENMODELICA. |
252 | | - |
253 | | - c) a copy of the subsidiary license associated with the selected mode of |
254 | | -OSMC-PL must be included with each copy of OPENMODELICA. |
255 | | - |
256 | | -Contributors may not remove or alter any copyright notices contained within |
257 | | -OPENMODELICA. |
258 | | - |
259 | | -If there is a conflict between OSMC-PL and the subsidiary license conditions, |
260 | | -OSMC-PL has priority. |
261 | | - |
262 | | -This Agreement is governed by the laws of Sweden. The place of jurisdiction |
263 | | -for all disagreements related to this Agreement, is Linköping, Sweden. |
264 | | - |
265 | | -The EPL 1.0 license definition has been obtained from: |
266 | | -http://www.eclipse.org/legal/epl-v10.html. It is also reproduced in Appendix B |
267 | | -of the OSMC Bylaws, and in the OpenModelica distribution. |
268 | | - |
269 | | -The AGPL Version 3 license definition has been obtained from |
270 | | -https://www.gnu.org/licenses/licenses.html#GPL. It is also reproduced in |
271 | | -Appendix C of the OSMC Bylaws, and in the OpenModelica distribution. |
272 | | - |
273 | | ---- End of Definition of OSMC Public License --- |
| 32 | +--- End of OpenModelica Run-time System Public License --- |
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