licenses/OSMC-PL

--- 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 ---