The Modelica License 2

From mboxrd@z Thu Jan 1 00:00:00 1970 Return-Path: Received: from lists.gentoo.org (pigeon.gentoo.org [208.92.234.80]) (using TLSv1.3 with cipher TLS_AES_256_GCM_SHA384 (256/256 bits) key-exchange X25519 server-signature RSA-PSS (2048 bits)) (No client certificate requested) by finch.gentoo.org (Postfix) with ESMTPS id 16CD0159C96 for ; Sun, 28 Jul 2024 22:49:49 +0000 (UTC) Received: from pigeon.gentoo.org (localhost [127.0.0.1]) by pigeon.gentoo.org (Postfix) with SMTP id F06AEE2A57; Sun, 28 Jul 2024 22:49:47 +0000 (UTC) Received: from smtp.gentoo.org (smtp.gentoo.org [IPv6:2001:470:ea4a:1:5054:ff:fec7:86e4]) (using TLSv1.3 with cipher TLS_AES_256_GCM_SHA384 (256/256 bits) key-exchange X25519 server-signature RSA-PSS (4096 bits)) (No client certificate requested) by pigeon.gentoo.org (Postfix) with ESMTPS id B336FE2A57 for ; Sun, 28 Jul 2024 22:49:47 +0000 (UTC) Received: from oystercatcher.gentoo.org (oystercatcher.gentoo.org [148.251.78.52]) (using TLSv1.3 with cipher TLS_AES_256_GCM_SHA384 (256/256 bits) key-exchange X25519 server-signature RSA-PSS (4096 bits)) (No client certificate requested) by smtp.gentoo.org (Postfix) with ESMTPS id 8AC21341256 for ; Sun, 28 Jul 2024 22:49:46 +0000 (UTC) Received: from localhost.localdomain (localhost [IPv6:::1]) by oystercatcher.gentoo.org (Postfix) with ESMTP id E52401E78 for ; Sun, 28 Jul 2024 22:49:44 +0000 (UTC) From: "Ivan Lloro" To: gentoo-commits@lists.gentoo.org Content-Transfer-Encoding: 8bit Content-type: text/plain; charset=UTF-8 Reply-To: gentoo-dev@lists.gentoo.org, "Ivan Lloro" Message-ID: <1722206799.e09b2ccbd308fba7ba466d0f1269a98e212aa4c1.ivan.lloro.boada@gentoo> Subject: [gentoo-commits] repo/proj/guru:dev commit in: licenses/ X-VCS-Repository: repo/proj/guru X-VCS-Files: licenses/Modelica-1.1 licenses/Modelica-2 licenses/OSMC-PL X-VCS-Directories: licenses/ X-VCS-Committer: ivan.lloro.boada X-VCS-Committer-Name: Ivan Lloro X-VCS-Revision: e09b2ccbd308fba7ba466d0f1269a98e212aa4c1 X-VCS-Branch: dev Date: Sun, 28 Jul 2024 22:49:44 +0000 (UTC) Precedence: bulk List-Post: List-Help: List-Unsubscribe: List-Subscribe: List-Id: Gentoo Linux mail X-BeenThere: gentoo-commits@lists.gentoo.org X-Auto-Response-Suppress: DR, RN, NRN, OOF, AutoReply X-Archives-Salt: dc0d5138-cd77-4940-8657-d9046e39bf05 X-Archives-Hash: 91166aac0ccba5831c7ab3e04eb2c9df commit: e09b2ccbd308fba7ba466d0f1269a98e212aa4c1 Author: Ivan Lloro gmail com> AuthorDate: Sun Jul 28 22:41:57 2024 +0000 Commit: Ivan Lloro gmail com> CommitDate: Sun Jul 28 22:46:39 2024 +0000 URL: https://gitweb.gentoo.org/repo/proj/guru.git/commit/?id=e09b2ccb licenses: OpenModelica licenses Signed-off-by: Ivan Lloro gmail.com> licenses/Modelica-1.1 | 27 +++ licenses/Modelica-2 | 511 ++++++++++++++++++++++++++++++++++++++++++++++++++ licenses/OSMC-PL | 273 +++++++++++++++++++++++++++ 3 files changed, 811 insertions(+) diff --git a/licenses/Modelica-1.1 b/licenses/Modelica-1.1 new file mode 100644 index 000000000..6bad3d459 --- /dev/null +++ b/licenses/Modelica-1.1 @@ -0,0 +1,27 @@ +Modelica License (Version 1.1 of June 30, 2000) + +Redistribution and use in source and binary forms, with or without +modification are permitted, provided that the following conditions are met: +* The author and copyright notices in the source files, these license + conditions and the disclaimer below are (a) retained and (b) reproduced in + the documentation provided with the distribution. +* Modifications of the original source files are allowed, provided that a + prominent notice is inserted in each changed file and the accompanying + documentation, stating how and when the file was modified, and provided + that the conditions under (1) are met. +* It is not allowed to charge a fee for the original version or a modified + version of the software, besides a reasonable fee for distribution and + support. Distribution in aggregate with other (possibly commercial) + programs as part of a larger (possibly commercial) software distribution + is permitted, provided that it is not advertised as a product of your own. + +Disclaimer +The software (sources, binaries, etc.) in their original or in a modified +form are provided "as is" and the copyright holders assume no responsibility +for its contents what so ever. Any express or implied warranties, including, +but not limited to, the implied warranties of merchantability and fitness +for a particular purpose are disclaimed. In no event shall the copyright +holders, or any party who modify and/or redistribute the package, be liable +for any direct, indirect, incidental, special, exemplary, or consequential +damages, arising in any way out of the use of this software, even if +advised of the possibility of such damage. diff --git a/licenses/Modelica-2 b/licenses/Modelica-2 new file mode 100644 index 000000000..5cd0daac9 --- /dev/null +++ b/licenses/Modelica-2 @@ -0,0 +1,511 @@ + + + + The Modelica License 2 + + + +

All files in this directory and in all subdirectories are released under + the "Modelica License 2" (if not explicitly noted + otherwise).

The Modelica + License 2
+ How to Apply the + Modelica License 2
+ Frequently Asked + Questions

The Modelica License 2

Preamble. The goal of this license is that Modelica + related model libraries, software, images, documents, data files etc. can + be used freely in the original or a modified form, in open source and in + commercial environments (as long as the license conditions below are + fulfilled, in particular sections 2c) and 2d). The Original Work is + provided free of charge and the use is completely at your own risk. + Developers of free Modelica packages are encouraged to utilize this license + for their work.

The Modelica License applies to any Original Work that contains the + following licensing notice adjacent to the copyright notice(s) for this + Original Work:

Licensed by <name of Licensor> under the Modelica + License 2

1. Definitions.

"License" is this Modelica License.
"Original Work" is any work of authorship, including + software, images, documents, data files, that contains the above + licensing notice or that is packed together with a licensing notice + referencing it.
"Licensor" is the provider of the Original Work who has + placed this licensing notice adjacent to the copyright notice(s) for + the Original Work. The Original Work is either directly provided by the + owner of the Original Work, or by a licensee of the owner.
"Derivative Work" is any modification of the Original + Work which represents, as a whole, an original work of authorship. For + the matter of clarity and as examples: +
1. Derivative Work shall not include work that remains + separable from the Original Work, as well as merely extracting + a part of the Original Work without modifying it.
2. Derivative Work shall not include (a) fixing of errors + and/or (b) adding vendor specific Modelica annotations and/or + (c) using a subset of the classes of a Modelica package, and/or + (d) using a different representation, e.g., a binary + representation.
3. Derivative Work shall include classes that are copied from + the Original Work where declarations, equations or the + documentation are modified.
4. Derivative Work shall include executables to simulate the + models that are generated by a Modelica translator based on the + Original Work (of a Modelica package).
+
"Modified Work" is any modification of the Original + Work with the following exceptions: (a) fixing of errors and/or (b) + adding vendor specific Modelica annotations and/or (c) using a subset + of the classes of a Modelica package, and/or (d) using a different + representation, e.g., a binary representation.
"Source Code" means the preferred form of the Original + Work for making modifications to it and all available documentation + describing how to modify the Original Work.
"You" means an individual or a legal entity exercising + rights under, and complying with all of the terms of, this + License.
"Modelica package" means any Modelica library that is + defined with the + "package <Name> ... end <Name>;" + Modelica language element.

2. Grant of Copyright License. Licensor grants You a + worldwide, royalty-free, non-exclusive, sublicensable license, for the + duration of the copyright, to do the following:

+
To reproduce the Original Work in copies, either alone or as + part of a collection.
+
+
To create Derivative Works according to Section 1d) of this + License.
+
+
To distribute or communicate to the public copies of the + Original Work or a Derivative Work under this + License. No fee, neither as a copyright-license fee, nor as a + selling fee for the copy as such may be charged under this License. + Furthermore, a verbatim copy of this License must be included in + any copy of the Original Work or a Derivative Work under this + License.
+ For the matter of clarity, it is permitted A) to distribute or + communicate such copies as part of a (possible commercial) + collection where other parts are provided under different licenses + and a license fee is charged for the other parts only and B) to + charge for mere printing and shipping costs.
+
+
To distribute or communicate to the public copies of a + Derivative Work, alternatively to Section 2c), under + any other license of your choice, especially also under a + license for commercial/proprietary software, as long as You comply + with Sections 3, 4 and 8 below.
+ For the matter of clarity, no restrictions regarding fees, either + as to a copyright-license fee or as to a selling fee for the copy + as such apply.
+
+
To perform the Original Work publicly.
+
+
To display the Original Work publicly.
+

3. Acceptance. Any use of the Original Work or a + Derivative Work, or any action according to either Section 2a) to 2f) + above constitutes Your acceptance of this License.

4. Designation of Derivative Works and of Modified + Works. The identifying designation of Derivative Work and of + Modified Work must be different to the corresponding identifying + designation of the Original Work. This means especially that the + (root-level) name of a Modelica package under this license must be changed + if the package is modified (besides fixing of errors, adding vendor + specific Modelica annotations, using a subset of the classes of a Modelica + package, or using another representation, e.g. a binary + representation).

5. Grant of Patent License. Licensor grants You a + worldwide, royalty-free, non-exclusive, sublicensable license, under patent + claims owned by the Licensor or licensed to the Licensor by the owners of + the Original Work that are embodied in the Original Work as furnished by + the Licensor, for the duration of the patents, to make, use, sell, offer + for sale, have made, and import the Original Work and Derivative Works + under the conditions as given in Section 2. For the matter of clarity, + the license regarding Derivative Works covers patent claims to the extent + as they are embodied in the Original Work only.

6. Provision of Source Code. Licensor agrees to provide + You with a copy of the Source Code of the Original Work but reserves the + right to decide freely on the manner of how the Original Work is + provided.
+ For the matter of clarity, Licensor + might provide only a binary representation of the Original Work. In that + case, You may (a) either reproduce the Source Code from the binary + representation if this is possible (e.g., by performing a copy of an + encrypted Modelica package, if encryption allows the copy operation) or (b) + request the Source Code from the Licensor who will provide it to You.

7. Exclusions from License Grant. 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 permission + of the Licensor. Except as otherwise expressly stated in this License and + in particular in Sections 2 and 5, nothing in this License grants any + license to Licensor's trademarks, copyrights, patents, trade secrets or any + other intellectual property, and no patent license is granted to make, use, + sell, offer for sale, have made, or import embodiments of any patent + claims.
+ No license is granted to the trademarks + of Licensor even if such trademarks are included in the Original Work, + except as expressly stated in this License. Nothing in this License shall + be interpreted to prohibit Licensor from licensing under terms different + from this License any Original Work that Licensor otherwise would have a + right to license.

8. Attribution Rights. You must retain in the Source + Code of the Original Work and of any Derivative Works that You create, all + author, copyright, patent, or trademark notices, as well as any descriptive + text identified therein as an "Attribution Notice". The same + applies to the licensing notice of this License in the Original Work. For + the matter of clarity, "author notice" means the notice that + identifies the original author(s).
+ You must cause the Source Code for any + Derivative Works that You create to carry a prominent Attribution Notice + reasonably calculated to inform recipients that You have modified the + Original Work.
+ In case the Original Work or Derivative + Work is not provided in Source Code, the Attribution Notices shall be + appropriately displayed, e.g., in the documentation of the Derivative + Work.

9. Disclaimer of Warranty.
The Original + Work is provided under this License on an "as is" basis and + without warranty, either express or implied, including, without limitation, + the warranties of non-infringement, merchantability or fitness for a + particular purpose. The entire risk as to the quality of the Original Work + is with You. This disclaimer of warranty constitutes an + essential part of this License. No license to the Original Work is granted + by this License except under this disclaimer.

10. Limitation of Liability. Under no circumstances and + under no legal theory, whether in tort (including negligence), contract, or + otherwise, shall the Licensor, the owner or a licensee of the Original Work + be liable to anyone for any direct, indirect, general, special, incidental, + or consequential damages of any character arising as a result of this + License or the use of the Original Work including, without limitation, + damages for loss of goodwill, work stoppage, computer failure or + malfunction, or any and all other commercial damages or losses. This + limitation of liability shall not apply to the extent applicable law + prohibits such limitation.

11. Termination. This License conditions your rights to + undertake the activities listed in Section 2 and 5, including your + right to create Derivative Works based upon the Original Work, and doing so + without observing these terms and conditions is prohibited by copyright law + and international treaty. Nothing in this License is intended to affect + copyright exceptions and limitations. This License shall terminate + immediately and You may no longer exercise any of the rights granted to You + by this License upon your failure to observe the conditions of this + license.

12. Termination for Patent Action. This License shall + terminate automatically and You may no longer exercise any of the rights + granted to You by this License as of the date You commence an action, + including a cross-claim or counterclaim, against Licensor, any owners of + the Original Work or any licensee alleging that the Original Work infringes + a patent. This termination provision shall not apply for an action alleging + patent infringement through combinations of the Original Work under + combination with other software or hardware.

13. Jurisdiction. Any action or suit relating to this + License may be brought only in the courts of a jurisdiction wherein the + Licensor resides and under the laws of that jurisdiction excluding its + conflict-of-law provisions. The application of the United Nations + Convention on Contracts for the International Sale of Goods is expressly + excluded. Any use of the Original Work outside the scope of this License or + after its termination shall be subject to the requirements and penalties of + copyright or patent law in the appropriate jurisdiction. This section shall + survive the termination of this License.

14. Attorneys' Fees. In any action to enforce the terms + of this License or seeking damages relating thereto, the prevailing party + shall be entitled to recover its costs and expenses, including, without + limitation, reasonable attorneys' fees and costs incurred in connection + with such action, including any appeal of such action. This section shall + survive the termination of this License.

15. Miscellaneous.

If any provision of this License is held to be unenforceable, such + provision shall be reformed only to the extent necessary to make it + enforceable.
No verbal ancillary agreements have been made. Changes and + additions to this License must appear in writing to be valid. This also + applies to changing the clause pertaining to written form.
You may use the Original Work in all ways not otherwise restricted + or conditioned by this License or by law, and Licensor promises not to + interfere with or be responsible for such uses by You.

How to Apply the + Modelica License 2

At the top level of your Modelica package and at every important + subpackage, add the following notices in the info layer of the package:

Licensed by <Licensor> under the Modelica License 2
+ Copyright © <year1>-<year2>, <name of copyright + holder(s)>.

This Modelica package is free software and the use is + completely at your own risk; it can be redistributed and/or modified + under the terms of the Modelica License 2. For license conditions + (including the disclaimer of warranty) see Modelica.UsersGuide.ModelicaLicense2 + or visit http://www.modelica.org/licenses/ModelicaLicense2.

Include a copy of the Modelica License 2 under + <library>.UsersGuide.ModelicaLicense2 (use http://www.modelica.org/licenses/ModelicaLicense2.mo). + Furthermore, add the list of authors and contributors under + <library>.UsersGuide.Contributors or + <library>.UsersGuide.Contact.

For example, sublibrary Modelica.Blocks of the Modelica Standard Library + may have the following notices:

Licensed by Modelica Association under the Modelica License 2
+ Copyright © 1998-2008, Modelica Association.

For C-source code and documents, add similar notices in the + corresponding file.

For images, add a "readme.txt" file to the directories where + the images are stored and include a similar notice in this file.

In these cases, save a copy of the Modelica License 2 in one + directory of the distribution, e.g., http://www.modelica.org/licenses/ModelicaLicense2.html + in directory + <library>/Resources/Documentation/ModelicaLicense2.html.

Frequently Asked Questions

This section contains questions/answer to users and/or distributors of + Modelica packages and/or documents under Modelica License 2. Note, the + answers to the questions below are not a legal interpretation of the + Modelica License 2. In case of a conflict, the language of the license + shall prevail.

Using or Distributing a Modelica Package under the Modelica + License 2

What are the main differences to the previous version of the + Modelica License?

+
Modelica License 1 is unclear whether the licensed Modelica + package can be distributed under a different license. + Version 2 explicitly allows that "Derivative Work" + can be distributed under any license of Your choice, see examples + in Section 1d) as to what qualifies as Derivative Work (so, + version 2 is clearer).
+
+
If You modify a Modelica package under Modelica License 2 + (besides fixing of errors, adding vendor specific Modelica + annotations, using a subset of the classes of a Modelica package, + or using another representation, e.g., a binary representation), + you must rename the root-level name of the package for your + distribution. In version 1 you could keep the name (so, + version 2 is more restrictive). The reason of this restriction + is to reduce the risk that Modelica packages are available that + have identical names, but different functionality.
+
+
Modelica License 1 states that "It is not allowed to + charge a fee for the original version or a modified version of the + software, besides a reasonable fee for distribution and + support". Version 2 has a similar intention for all + Original Work under Modelica License 2 (to remain free + of charge and open source) but states this more clearly as + "No fee, neither as a copyright-license fee, nor as a selling + fee for the copy as such may be charged". Contrary to + version 1, Modelica License 2 has no restrictions on fees + for Derivative Work that is provided under a different license (so, + version 2 is clearer and has fewer restrictions).
+
+
Modelica License 2 introduces several useful provisions for + the licensee (articles 5, 6, 12), and for the licensor + (articles 7, 12, 13, 14) that have no counter part in + version 1.
+
+
Modelica License 2 can be applied to all type of work, + including documents, images and data files, contrary to + version 1 that was dedicated for software only (so, + version 2 is more general).
+

Can I distribute a Modelica package (under Modelica + License 2) as part of my commercial Modelica modeling and simulation + environment?

Yes, according to Section 2c). However, you are not allowed to + charge a fee for this part of your environment. Of course, you can charge + for your part of the environment.

Can I distribute a Modelica package (under Modelica + License 2) under a different license?

No. The license of an unmodified Modelica package cannot be changed + according to Sections 2c) and 2d). This means that you cannot + sell copies of it, any distribution has to be free of charge.

Can I distribute a Modelica package (under Modelica + License 2) under a different license when I first encrypt the + package?

No. Merely encrypting a package does not qualify for Derivative Work and + therefore the encrypted package has to stay under Modelica + License 2.

Can I distribute a Modelica package (under Modelica + License 2) under a different license when I first add classes to the + package?

No. The package itself remains unmodified, i.e., it is Original Work, + and therefore the license for this part must remain under Modelica + License 2. The newly added classes can be, however, under a different + license.

Can I copy a class out of a Modelica package (under Modelica + License 2) and include it unmodified + in a Modelica package under a + commercial/proprietary + license?

No, according to article 2c). However, you can include model, + block, function, package, record and connector classes in your Modelica + package under Modelica License 2. This means that your Modelica + package could be under a commercial/proprietary license, but one or more + classes of it are under Modelica License 2.
+ Note, a "type" class (e.g., type Angle = + Real(unit="rad")) can be copied and included unmodified under a + commercial/proprietary license (for details, see the next question).

Can I copy a type class or part + of a model, block, function, record, connector class, out of a + Modelica package (under Modelica License 2) and include it modified or + unmodified in a Modelica package under a + commercial/proprietary + license?

Yes, according to article 2d), since this will in the end usually + qualify as Derivative Work. The reasoning is the following: A type class or + part of another class (e.g., an equation, a declaration, part of a class + description) cannot be utilized "by its own". In order to make + this "usable", you have to add additional code in order that + the class can be utilized. This is therefore usually Derivative Work and + Derivative Work can be provided under a different license. Note, this only + holds, if the additional code introduced is sufficient to qualify for + Derivative Work. Merely, just copying a class and changing, say, one + character in the documentation of this class would be no Derivative Work + and therefore the copied code would have to stay under Modelica + License 2.

Can I copy a class out of a Modelica package (under Modelica + License 2) and include it in modified + form in a commercial/proprietary + Modelica package?

Yes. If the modification can be seen as a "Derivative Work", + you can place it under your commercial/proprietary license. If the + modification does not qualify as "Derivative Work" (e.g., bug + fixes, vendor specific annotations), it must remain under Modelica + License 2. This means that your Modelica package could be under a + commercial/proprietary license, but one or more parts of it are under + Modelica License 2.

Can I distribute a "save total model" under my + commercial/proprietary license, even if classes under Modelica + License 2 are included?

Your classes of the "save total model" can be distributed + under your commercial/proprietary license, but the classes under Modelica + License 2 must remain under Modelica License 2. This means you + can distribute a "save total model", but some parts might be + under Modelica License 2.

Can I distribute a Modelica package (under Modelica + License 2) in encrypted form?

Yes. Note, if the encryption does not allow "copying" of + classes (in to unencrypted Modelica source code), you have to send the + Modelica source code of this package to your customer, if he/she wishes it, + according to article 6.

Can I distribute an executable under my commercial/proprietary + license, if the model from which the executable is generated uses models + from a Modelica package under Modelica License 2?

Yes, according to article 2d), since this is seen as Derivative + Work. The reasoning is the following: An executable allows the simulation + of a concrete model, whereas models from a Modelica package (without + pre-processing, translation, tool run-time library) are not able to be + simulated without tool support. By the processing of the tool and by its + run-time libraries, significant new functionality is added (a model can be + simulated whereas previously it could not be simulated) and functionality + available in the package is removed (e.g., to build up a new model by + dragging components of the package is no longer possible with the + executable).

Is my modification to a Modelica package (under Modelica + License 2) a Derivative Work?

It is not possible to give a general answer to it. To be regarded as + "an original work of authorship", a derivative work must be + different enough from the original or must contain a substantial amount of + new material. Making minor changes or additions of little substance to a + preexisting work will not qualify the work as a new version for such + purposes.

Using or Distributing a Modelica Document under the Modelica + License 2

This section is devoted especially for the following applications:

+
A Modelica tool extracts information out of a Modelica package + and presents the result in form of a "manual" for this + package in, e.g., html, doc, or pdf format.
+
+
The Modelica language specification is a document defining the + Modelica language. It will be licensed under Modelica + License 2.
+
+
Someone writes a book about the Modelica language and/or + Modelica packages and uses information which is available in the + Modelica language specification and/or the corresponding Modelica + package.
+

Can I sell a manual that was basically derived by extracting + information automatically from a Modelica package under Modelica + License 2 (e.g., a "reference guide" of the Modelica + Standard Library)?

Yes. Extracting information from a Modelica package, and providing it in + a human readable, suitable format, like html, doc or pdf format, where the + content is significantly modified (e.g. tables with interface information + are constructed from the declarations of the public variables) qualifies as + Derivative Work and there are no restrictions to charge a fee for + Derivative Work under alternative 2d).

Can I copy a text passage out of a Modelica document (under + Modelica License 2) and use it + unmodified in my document (e.g. the + Modelica syntax description in the Modelica Specification)?

Yes. In case you distribute your document, the copied parts are still + under Modelica License 2 and you are not allowed to charge a license + fee for this part. You can, of course, charge a fee for the rest of your + document.

Can I copy a text passage out of a Modelica document (under + Modelica License 2) and use it in + modified form in my document?

Yes, the creation of Derivative Works is allowed. In case the content is + significantly modified this qualifies as Derivative Work and there are no + restrictions to charge a fee for Derivative Work under + alternative 2d).

Can I sell a printed version of a Modelica document (under + Modelica License 2), e.g., the Modelica Language + Specification?

No, if you are not the copyright-holder, since article 2c) does not + allow a selling fee for a (in this case physical) copy. However, mere + printing and shipping costs may be recovered.

+ + diff --git a/licenses/OSMC-PL b/licenses/OSMC-PL new file mode 100644 index 000000000..1cf14a985 --- /dev/null +++ b/licenses/OSMC-PL @@ -0,0 +1,273 @@ +--- Start of Definition of OSMC Public License --- + +/* + * This file is part of OpenModelica. + * + * Copyright (c) 1998-CurrentYear, Open Source Modelica Consortium (OSMC), + * c/o Linköpings universitet, Department of Computer and Information Science, + * SE-58183 Linköping, Sweden. + * + * All rights reserved. + * + * THIS PROGRAM IS PROVIDED UNDER THE TERMS OF AGPL VERSION 3 LICENSE OR + * THIS OSMC PUBLIC LICENSE (OSMC-PL) VERSION 1.8. + * ANY USE, REPRODUCTION OR DISTRIBUTION OF THIS PROGRAM CONSTITUTES + * RECIPIENT'S ACCEPTANCE OF THE OSMC PUBLIC LICENSE OR THE GNU AGPL + * VERSION 3, ACCORDING TO RECIPIENTS CHOICE. + * + * The OpenModelica software and the OSMC (Open Source Modelica Consortium) + * Public License (OSMC-PL) are obtained from OSMC, either from the above + * address, from the URLs: + * http://www.openmodelica.org or + * https://github.com/OpenModelica/ or + * http://www.ida.liu.se/projects/OpenModelica, + * and in the OpenModelica distribution. + * + * GNU AGPL version 3 is obtained from: + * https://www.gnu.org/licenses/licenses.html#GPL + * + * This program is distributed WITHOUT ANY WARRANTY; without + * even the implied warranty of MERCHANTABILITY or FITNESS + * FOR A PARTICULAR PURPOSE, EXCEPT AS EXPRESSLY SET FORTH + * IN THE BY RECIPIENT SELECTED SUBSIDIARY LICENSE CONDITIONS OF OSMC-PL. + * + * See the full OSMC Public License conditions for more details. + * + */ + +--- End of OSMC Public License Header --- + +The OSMC-PL is a public license for OpenModelica with three modes/alternatives +(AGPL, OSMC-Internal-EPL, OSMC-External-EPL) for use and redistribution, +in source and/or binary/object-code form: + +* AGPL. Any party (member or non-member of OSMC) may use and redistribute + OpenModelica under GNU AGPL version 3. + +* Level 1 members of OSMC may also use and redistribute OpenModelica under + OSMC-Internal-EPL conditions. + +* Level 2 members of OSMC may also use and redistribute OpenModelica under + OSMC-Internal-EPL or OSMC-External-EPL conditions. +Definitions of OSMC Public license modes: + +* AGPL = GNU AGPL version 3. + +* OSMC-Internal-EPL = These OSMC Public license conditions together with + Internally restricted EPL, i.e., EPL version 1.0 with the Additional + Condition that use and redistribution by an OSMC member is only allowed + within the OSMC member's own organization (i.e., its own legal entity), + or for an OSMC member paying an annual fee corresponding to the size + of the organization including all its affiliates, use and redistribution + is allowed within/between its affiliates. + +* OSMC-External-EPL = These OSMC Public license conditions together with + Externally restricted EPL, i.e., EPL version 1.0 with the Additional + Condition that use and redistribution by an OSMC member, or by a Licensed + Third Party Distributor having a redistribution agreement with that member, + to parties external to the OSMC member’s own organization (i.e., its own + legal entity) is only allowed in binary/object-code form, except the case of + redistribution to other OSMC members to which source is also allowed to be + distributed. + +[This has the consequence that an external party who wishes to use + OpenModelica in source form together with its own proprietary software in all + cases must be a member of OSMC]. + +In all cases of usage and redistribution by recipients, the following +conditions also apply: + +a) Redistributions of source code must retain the above copyright notice, + all definitions, and conditions. It is sufficient if the OSMC-PL Header + is present in each source file, if the full OSMC-PL is available in a + prominent and easily located place in the redistribution. + +b) Redistributions in binary/object-code form must reproduce the above + copyright notice, all definitions, and conditions. It is sufficient if the + OSMC-PL Header and the location in the redistribution of the full OSMC-PL + are present in the documentation and/or other materials provided with the + redistribution, if the full OSMC-PL is available in a prominent and easily + located place in the redistribution. + +c) A recipient must clearly indicate its chosen usage mode of OSMC-PL, + in accompanying documentation and in a text file OSMC-USAGE-MODE.txt, + provided with the distribution. + +d) Contributor(s) making a Contribution to OpenModelica thereby also makes a + Transfer of Contribution Copyright. In return, upon the effective date of + the transfer, OSMC grants the Contributor(s) a Contribution License of the + Contribution. OSMC has the right to accept or refuse Contributions. + +Definitions: + +"Subsidiary license conditions" means: + +The additional license conditions depending on the by the recipient chosen + mode of OSMC-PL, defined by GNU AGPL version 3.0 for AGPL, and by EPL for + OSMC-Internal-EPL and OSMC-External-EPL. +"OSMC-PL" means: + +Open Source Modelica Consortium Public License version 1.8, i.e., the license +defined here (the text between +"--- Start of Definition of OSMC Public License ---" and +"--- End of Definition of OSMC Public License ---", or later versions thereof. + +"OSMC-PL Header" means: + +Open Source Modelica Consortium Public License Header version 1.8, i.e., the +text between "--- Start of Definition of OSMC Public License ---" and +"--- End of OSMC Public License Header ---", or later versions thereof. + +"Contribution" means: + +a) in the case of the initial Contributor, the initial code and documentation + distributed under OSMC-PL, and + +b) in the case of each subsequent Contributor: + i) changes to OpenModelica, and + ii) additions to OpenModelica; + +where such changes and/or additions to OpenModelica originate from and are +distributed by that particular Contributor. A Contribution 'originates' from +a Contributor if it was added to OpenModelica by such Contributor itself or +anyone acting on such Contributor's behalf. + +For Contributors licensing OpenModelica under OSMC-Internal-EPL or +OSMC-External-EPL conditions, the following conditions also hold: + +Contributions do not include additions to the distributed Program which: (i) +are separate modules of software distributed in conjunction with OpenModelica +under their own license agreement, (ii) are separate modules which are not +derivative works of OpenModelica, and (iii) are separate modules of software +distributed in conjunction with OpenModelica under their own license agreement +where these separate modules are merged with (weaved together with) modules of +OpenModelica to form new modules that are distributed as object code or source +code under their own license agreement, as allowed under the Additional +Condition of internal distribution according to OSMC-Internal-EPL and/or +Additional Condition for external distribution according to OSMC-External-EPL. + +"Transfer of Contribution Copyright" means that the Contributors of a +Contribution transfer the ownership and the copyright of the Contribution to +Open Source Modelica Consortium, the OpenModelica Copyright owner, for +inclusion in OpenModelica. The transfer takes place upon the effective date +when the Contribution is made available on the OSMC web site under OSMC-PL, by +such Contributors themselves or anyone acting on such Contributors' behalf. +The transfer is free of charge. If the Contributors or OSMC so wish, +an optional Copyright transfer agreement can be signed between OSMC and the +Contributors, as specified in an Appendix of the OSMC Bylaws. + +"Contribution License" means a license from OSMC to the Contributors of the +Contribution, effective on the date of the Transfer of Contribution Copyright, +where OSMC grants the Contributors a non-exclusive, world-wide, transferable, +free of charge, perpetual license, including sublicensing rights, to use, +have used, modify, have modified, reproduce and or have reproduced the +contributed material, for business and other purposes, including but not +limited to evaluation, development, testing, integration and merging with +other software and distribution. The warranty and liability disclaimers of +OSMC-PL apply to this license. + +"Contributor" means any person or entity that distributes (part of) +OpenModelica. + +"The Program" means the Contributions distributed in accordance with OSMC-PL. + +"OpenModelica" means the Contributions distributed in accordance with OSMC-PL. + +"Recipient" means anyone who receives OpenModelica under OSMC-PL, +including all Contributors. + +"Licensed Third Party Distributor" means a reseller/distributor having signed +a redistribution/resale agreement in accordance with OSMC-PL and OSMC Bylaws, +with an OSMC Level 2 organizational member which is not an Affiliate of the +reseller/distributor, for distributing a product containing part(s) of +OpenModelica. The Licensed Third Party Distributor shall only be allowed +further redistribution to other resellers if the Level 2 member is granting +such a right to it in the redistribution/resale agreement between the +Level 2 member and the Licensed Third Party Distributor. + +"Affiliate" shall mean any legal entity, directly or indirectly, through one +or more intermediaries, controlling or controlled by or under common control +with any other legal entity, as the case may be. For purposes of this +definition, the term "control" (including the terms "controlling", +"controlled by" and "under common control with") means the possession, +direct or indirect, of the power to direct or cause the direction of the +management and policies of a legal entity, whether through the ownership of +voting securities, by contract or otherwise. + +NO WARRANTY + +EXCEPT AS EXPRESSLY SET FORTH IN THE BY RECIPIENT SELECTED SUBSIDIARY +LICENSE CONDITIONS OF OSMC-PL, OPENMODELICA IS PROVIDED ON AN "AS IS" +BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR +IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF +TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR +PURPOSE. Each Recipient is solely responsible for determining the +appropriateness of using and distributing OPENMODELICA and assumes all risks +associated with its exercise of rights under OSMC-PL , including but not +limited to the risks and costs of program errors, compliance with applicable +laws, damage to or loss of data, programs or equipment, and unavailability +or interruption of operations. + +DISCLAIMER OF LIABILITY + +EXCEPT AS EXPRESSLY SET FORTH IN THE BY RECIPIENT SELECTED SUBSIDIARY +LICENSE CONDITIONS OF OSMC-PL, NEITHER RECIPIENT NOR ANY CONTRIBUTORS +SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, +EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION +LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN +CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) +ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF OPENMODELICA OR THE +EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE +POSSIBILITY OF SUCH DAMAGES. + +A Contributor licensing OpenModelica under OSMC-Internal-EPL or +OSMC-External-EPL may choose to distribute (parts of) OpenModelica in object +code form under its own license agreement, provided that: + +a) it complies with the terms and conditions of OSMC-PL; or for the case of +redistribution of OpenModelica together with proprietary code it is a dual +license where the OpenModelica parts are distributed under OSMC-PL compatible +conditions and the proprietary code is distributed under proprietary license +conditions; and + +b) its license agreement: + i) effectively disclaims on behalf of all Contributors all warranties and +conditions, express and implied, including warranties or conditions of title +and non-infringement, and implied warranties or conditions of merchantability +and fitness for a particular purpose; + ii) effectively excludes on behalf of all Contributors all liability for +damages, including direct, indirect, special, incidental and consequential +damages, such as lost profits; + iii) states that any provisions which differ from OSMC-PL are offered by that +Contributor alone and not by any other party; and + iv) states from where the source code for OpenModelica is available, and +informs licensees how to obtain it in a reasonable manner on or through a +medium customarily used for software exchange. + +When OPENMODELICA is made available in source code form: + + a) it must be made available under OSMC-PL; and + + b) a copy of OSMC-PL must be included with each copy of OPENMODELICA. + + c) a copy of the subsidiary license associated with the selected mode of +OSMC-PL must be included with each copy of OPENMODELICA. + +Contributors may not remove or alter any copyright notices contained within +OPENMODELICA. + +If there is a conflict between OSMC-PL and the subsidiary license conditions, +OSMC-PL has priority. + +This Agreement is governed by the laws of Sweden. The place of jurisdiction +for all disagreements related to this Agreement, is Linköping, Sweden. + +The EPL 1.0 license definition has been obtained from: +http://www.eclipse.org/legal/epl-v10.html. It is also reproduced in Appendix B +of the OSMC Bylaws, and in the OpenModelica distribution. + +The AGPL Version 3 license definition has been obtained from +https://www.gnu.org/licenses/licenses.html#GPL. It is also reproduced in +Appendix C of the OSMC Bylaws, and in the OpenModelica distribution. + +--- End of Definition of OSMC Public License ---