OpenModelica

Appendix A – OSMC Public License Version 1.2

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Copyright (c) 1998-CurrentYear, Linköpings universitet, Department of Computer and Information Science, SE-58183 Linköping, Sweden. All rights reserved.

THIS PROGRAM IS PROVIDED UNDER THE TERMS OF GPL VERSION 3 AND THIS OSMC PUBLIC LICENSE (OSMC-PL). ANY USE, REPRODUCTION OR DISTRIBUTION OF THIS PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THE OSMC PUBLIC LICENSE.

The OpenModelica software and the OSMC (Open Source Modelica Consortium) Public License (OSMC-PL) are obtained from Linköpings universitet, either from the above address, from the URLs: http://www.ida.liu.se/projects/OpenModelica or http://www.openmodelica.org, and in the OpenModelica distribution. GNU version 3 is obtained from: http://www.gnu.org/copyleft/gpl.html.

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.

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The OSMC-PL is a public license for OpenModelica with three modes/alternatives (GPL, OSMC-Internal-EPL, OSMC-External-EPL) for use and redistribution, in source and/or binary/object-code form:

  • GPL. Any party (member or non-member of OSMC) may use and redistribute OpenModelica under GPL 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 licence modes:

  • GPL = GPL 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).
  • 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 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 is 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 GPL version 3.0 for GPL, and by EPL for OSMC-Internal-EPL and OSMC-External-EPL.

"OSMC-PL" means:

Open Source Modelica Consortium Public License version 1.2, 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 1.2, 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 licencing 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 Linköpings universitet, 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 applies 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.

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 have 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 GPL Version 3 license definition has been obtained from http://www.gnu.org/copyleft/gpl.html. It is also reproduced in Appendix C of the OSMC Bylaws, and in the OpenModelica distribution.

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