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| --- Start of Definition of INTO-CPS Association Public License --- | ||
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| /* | ||
| * This file is part of the INTO-CPS Association. | ||
| * | ||
| * Copyright (c) 2017-CurrentYear, INTO-CPS Association (ICA), | ||
| * c/o Peter Gorm Larsen, Aarhus University, Department of Engineering, | ||
| * Finlandsgade 22, 8200 Aarhus N, Denmark. | ||
| * | ||
| * All rights reserved. | ||
| * | ||
| * THIS PROGRAM IS PROVIDED UNDER THE TERMS OF GPL VERSION 3 LICENSE OR | ||
| * THIS INTO-CPS ASSOCIATION PUBLIC LICENSE (ICAPL) VERSION 1.0. | ||
| * ANY USE, REPRODUCTION OR DISTRIBUTION OF THIS PROGRAM CONSTITUTES | ||
| * RECIPIENT'S ACCEPTANCE OF THE INTO-CPS ASSOCIATION PUBLIC LICENSE OR | ||
| * THE GPL VERSION 3, ACCORDING TO RECIPIENTS CHOICE. | ||
| * | ||
| * The INTO-CPS tool suite software and the INTO-CPS Association | ||
| * Public License (ICAPL) are obtained from the INTO-CPS Association, either | ||
| * from the above address, from the URLs: http://www.into-cps.org or | ||
| * in the INTO-CPS tool suite 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 | ||
| * THE INTO-CPS ASSOCIATION PUBLIC LICENSE. | ||
| * | ||
| * See the full ICAPL conditions for more details. | ||
| * | ||
| */ | ||
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| --- End of INTO-CPS Association Public License Header --- | ||
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| The ICAPL is a public license for the INTO-CPS tool suite with three modes/alternatives | ||
| (GPL, ICA-Internal-EPL, ICA-External-EPL) for use and redistribution, | ||
| in source and/or binary/object-code form: | ||
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| * GPL. Any party (member or non-member of the INTO-CPS Association) may use and | ||
| redistribute INTO-CPS tool suite under GPL version 3. | ||
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| * Silver Level members of the INTO-CPS Association may also use and redistribute | ||
| the INTO-CPS tool suite under ICA-Internal-EPL conditions. | ||
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| * Gold Level members of the INTO-CPS Association may also use and redistribute | ||
| The INTO-CPS tool suite under ICA-Internal-EPL or ICA-External-EPL conditions. | ||
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| Definitions of the INTO-CPS Association Public license modes: | ||
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| * GPL = GPL version 3. | ||
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| * ICA-Internal-EPL = These INTO-CPA Association Public license conditions together with | ||
| Internally restricted EPL, i.e., EPL version 1.0 with the Additional Condition | ||
| that use and redistribution by a member of the INTO-CPS Association is only allowed | ||
| within the INTO-CPS Association member's own organization (i.e., its own legal entity), | ||
| or for a member of the INTO-CPS Association paying a membership fee corresponding to | ||
| the size of the organization including all its affiliates, use and redistribution | ||
| is allowed within/between its affiliates. | ||
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| * ICA-External-EPL = These INTO-CPA Association Public license conditions together with | ||
| Externally restricted EPL, i.e., EPL version 1.0 with the Additional Condition | ||
| that use and redistribution by a member of the INTO-CPS Association, or by a Licensed | ||
| Third Party Distributor having a redistribution agreement with that member, | ||
| to parties external to the INTO-CPS Association 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 members the INTO-CPS Association to which source is also | ||
| allowed to be distributed. | ||
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| [This has the consequence that an external party who wishes to use | ||
| the INTO-CPS Association in source form together with its own proprietary software in all | ||
| cases must be a member of the INTO-CPS Association]. | ||
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| In all cases of usage and redistribution by recipients, the following | ||
| conditions also apply: | ||
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| a) Redistributions of source code must retain the above copyright notice, | ||
| all definitions, and conditions. It is sufficient if the ICAPL Header is | ||
| present in each source file, if the full ICAPL is available in a prominent | ||
| and easily located place in the redistribution. | ||
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| b) Redistributions in binary/object-code form must reproduce the above | ||
| copyright notice, all definitions, and conditions. It is sufficient if the | ||
| ICAPL Header and the location in the redistribution of the full ICAPL | ||
| are present in the documentation and/or other materials provided with the | ||
| redistribution, if the full ICAPL is available in a prominent and easily | ||
| located place in the redistribution. | ||
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| c) A recipient must clearly indicate its chosen usage mode of ICAPL, | ||
| in accompanying documentation and in a text file ICA-USAGE-MODE.txt, | ||
| provided with the distribution. | ||
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| d) Contributor(s) making a Contribution to the INTO-CPS Association thereby also makes a | ||
| Transfer of Contribution Copyright. In return, upon the effective date of | ||
| the transfer, ICA grants the Contributor(s) a Contribution License of the | ||
| Contribution. ICA has the right to accept or refuse Contributions. | ||
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| Definitions: | ||
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| "Subsidiary license conditions" means: | ||
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| The additional license conditions depending on the by the recipient chosen | ||
| mode of ICAPL, defined by GPL version 3.0 for GPL, and by EPL for | ||
| ICA-Internal-EPL and ICA-External-EPL. | ||
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| "ICAPL" means: | ||
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| INTO-CPS Association Public License version 1.0, i.e., the license | ||
| defined here (the text between | ||
| "--- Start of Definition of INTO-CPS Association Public License ---" and | ||
| "--- End of Definition of INTO-CPS Association Public License ---", or later versions thereof. | ||
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| "ICAPL Header" means: | ||
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| INTO-CPS Association Public License Header version 1.2, i.e., the | ||
| text between "--- Start of Definition of INTO-CPS Association Public License ---" and | ||
| "--- End of INTO-CPS Association Public License Header ---, or later versions thereof. | ||
|
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| "Contribution" means: | ||
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| a) in the case of the initial Contributor, the initial code and documentation | ||
| distributed under ICAPL, and | ||
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| b) in the case of each subsequent Contributor: | ||
| i) changes to the INTO-CPS tool suite, and | ||
| ii) additions to the INTO-CPS tool suite; | ||
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| where such changes and/or additions to the INTO-CPS tool suite originate from and are | ||
| distributed by that particular Contributor. A Contribution 'originates' from | ||
| a Contributor if it was added to the INTO-CPS tool suite by such Contributor itself or | ||
| anyone acting on such Contributor's behalf. | ||
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| For Contributors licensing the INTO-CPS tool suite under ICA-Internal-EPL or | ||
| ICA-External-EPL conditions, the following conditions also hold: | ||
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| Contributions do not include additions to the distributed Program which: (i) | ||
| are separate modules of software distributed in conjunction with the INTO-CPS tool suite | ||
| under their own license agreement, (ii) are separate modules which are not | ||
| derivative works of the INTO-CPS tool suite, and (iii) are separate modules of software | ||
| distributed in conjunction with the INTO-CPS tool suite under their own license agreement | ||
| where these separate modules are merged with (weaved together with) modules of | ||
| The INTO-CPS tool suite 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 ICA-Internal-EPL and/or | ||
| Additional Condition for external distribution according to ICA-External-EPL. | ||
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| "Transfer of Contribution Copyright" means that the Contributors of a | ||
| Contribution transfer the ownership and the copyright of the Contribution to | ||
| the INTO-CPS Association, the INTO-CPS Association Copyright owner, for | ||
| inclusion in the INTO-CPS tool suite. The transfer takes place upon the effective date | ||
| when the Contribution is made available on the INTO-CPS Association web site under ICAPL, by | ||
| such Contributors themselves or anyone acting on such Contributors' behalf. | ||
| The transfer is free of charge. If the Contributors or the INTO-CPS Association so wish, | ||
| an optional Copyright transfer agreement can be signed between the INTO-CPS Association and the Contributors. | ||
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| "Contribution License" means a license from the INTO-CPS Association to the Contributors of the Contribution, effective on the date of the Transfer of Contribution Copyright, | ||
| where the INTO-CPS Association 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 | ||
| ICAPL apply to this license. | ||
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| "Contributor" means any person or entity that distributes (part of) | ||
| the INTO-CPS tool chain. | ||
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| "The Program" means the Contributions distributed in accordance with ICAPL. | ||
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| "The INTO-CPS tool chain" means the Contributions distributed in accordance with ICAPL. | ||
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| "Recipient" means anyone who receives the INTO-CPS tool chain under ICAPL, | ||
| including all Contributors. | ||
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| "Licensed Third Party Distributor" means a reseller/distributor having signed | ||
| a redistribution/resale agreement in accordance with ICAPL and the INTO-CPS | ||
| Association Bylaws, with a Gold Level organizational member which is not an | ||
| Affiliate of the reseller/distributor, for distributing a product containing | ||
| part(s) of the INTO-CPS tool suite. The Licensed Third Party Distributor shall | ||
| only be allowed further redistribution to other resellers if the Gold Level | ||
| member is granting such a right to it in the redistribution/resale agreement | ||
| between the Gold Level member and the Licensed Third Party Distributor. | ||
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| "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. | ||
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| NO WARRANTY | ||
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| EXCEPT AS EXPRESSLY SET FORTH IN THE BY RECIPIENT SELECTED SUBSIDIARY | ||
| LICENSE CONDITIONS OF ICAPL, THE INTO-CPS ASSOCIATION 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 the INTO-CPS tool suite and assumes all risks | ||
| associated with its exercise of rights under ICAPL , 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. | ||
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| DISCLAIMER OF LIABILITY | ||
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| EXCEPT AS EXPRESSLY SET FORTH IN THE BY RECIPIENT SELECTED SUBSIDIARY | ||
| LICENSE CONDITIONS OF ICAPL, 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 THE INTO-CPS TOOL | ||
| SUITE OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED | ||
| OF THE POSSIBILITY OF SUCH DAMAGES. | ||
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| A Contributor licensing the INTO-CPS tool suite under ICA-Internal-EPL or | ||
| ICA-External-EPL may choose to distribute (parts of) the INTO-CPS tool suite | ||
| in object code form under its own license agreement, provided that: | ||
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| a) it complies with the terms and conditions of ICAPL; or for the case of | ||
| redistribution of the INTO-CPS tool suite together with proprietary code it is a dual | ||
| license where the INTO-CPS tool suite parts are distributed under ICAPL compatible | ||
| conditions and the proprietary code is distributed under proprietary license | ||
| conditions; and | ||
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| 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 ICAPL are offered by that | ||
| Contributor alone and not by any other party; and | ||
| iv) states from where the source code for the INTO-CPS tool suite is available, and | ||
| informs licensees how to obtain it in a reasonable manner on or through a | ||
| medium customarily used for software exchange. | ||
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| When the INTO-CPS tool suite is made available in source code form: | ||
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| a) it must be made available under ICAPL; and | ||
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| b) a copy of ICAPL must be included with each copy of the INTO-CPS tool suite. | ||
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| c) a copy of the subsidiary license associated with the selected mode of | ||
| ICAPL must be included with each copy of the INTO-CPS tool suite. | ||
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| Contributors may not remove or alter any copyright notices contained within | ||
| The INTO-CPS tool suite. | ||
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| If there is a conflict between ICAPL and the subsidiary license conditions, | ||
| ICAPL has priority. | ||
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| This Agreement is governed by the laws of Denmark. The place of jurisdiction | ||
| for all disagreements related to this Agreement, is Aarhus, Denmark. | ||
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| The EPL 1.0 license definition has been obtained from: | ||
| http://www.eclipse.org/legal/epl-v10.html. It is also reproduced in the INTO-CPS distribution. | ||
|
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| The GPL Version 3 license definition has been obtained from | ||
| http://www.gnu.org/copyleft/gpl.html. It is also reproduced in the INTO-CPS distribution. | ||
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| --- End of Definition of INTO-CPS Association Public License --- |