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‎COPYING

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This file is part of OpenModelica.
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Copyright (c) 1998-CurrentYear, Open Source Modelica Consortium (OSMC),
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c/o Linköpings universitet, Department of Computer and Information Science,
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SE-58183 Linköping, Sweden.
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All rights reserved.
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THIS PROGRAM IS PROVIDED UNDER THE TERMS OF THE BSD NEW LICENSE OR THE
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GPL VERSION 3 LICENSE OR THE OSMC PUBLIC LICENSE (OSMC-PL) VERSION 1.2.
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ANY USE, REPRODUCTION OR DISTRIBUTION OF THIS PROGRAM CONSTITUTES
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RECIPIENT'S ACCEPTANCE OF THE OSMC PUBLIC LICENSE OR THE GPL VERSION 3,
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ACCORDING TO RECIPIENTS CHOICE.
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The OpenModelica software and the OSMC (Open Source Modelica Consortium)
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Public License (OSMC-PL) are obtained from OSMC, either from the above
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address, from the URLs: http://www.openmodelica.org or
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http://www.ida.liu.se/projects/OpenModelica, and in the OpenModelica
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distribution. GNU version 3 is obtained from:
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http://www.gnu.org/copyleft/gpl.html. The New BSD License is obtained from:
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http://www.opensource.org/licenses/BSD-3-Clause.
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This program is distributed WITHOUT ANY WARRANTY; without even the implied
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warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE, EXCEPT AS
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EXPRESSLY SET FORTH IN THE BY RECIPIENT SELECTED SUBSIDIARY LICENSE
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CONDITIONS OF OSMC-PL.
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--- Start of Definition of OSMC Public License ---
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/*
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* This file is part of OpenModelica.
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*
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* Copyright (c) 1998-CurrentYear, Open Source Modelica Consortium (OSMC),
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* c/o Linköpings universitet, Department of Computer and Information Science,
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* SE-58183 Linköping, Sweden.
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*
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* All rights reserved.
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*
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* THIS PROGRAM IS PROVIDED UNDER THE TERMS OF GPL VERSION 3 LICENSE OR
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* THIS OSMC PUBLIC LICENSE (OSMC-PL) VERSION 1.2.
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* ANY USE, REPRODUCTION OR DISTRIBUTION OF THIS PROGRAM CONSTITUTES
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* RECIPIENT'S ACCEPTANCE OF THE OSMC PUBLIC LICENSE OR THE GPL VERSION 3,
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* ACCORDING TO RECIPIENTS CHOICE.
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*
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* The OpenModelica software and the Open Source Modelica
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* Consortium (OSMC) Public License (OSMC-PL) are obtained
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* from OSMC, either from the above address,
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* from the URLs: http://www.ida.liu.se/projects/OpenModelica or
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* http://www.openmodelica.org, and in the OpenModelica distribution.
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* GNU version 3 is obtained from: http://www.gnu.org/copyleft/gpl.html.
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*
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* This program is distributed WITHOUT ANY WARRANTY; without
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* even the implied warranty of MERCHANTABILITY or FITNESS
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* FOR A PARTICULAR PURPOSE, EXCEPT AS EXPRESSLY SET FORTH
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* IN THE BY RECIPIENT SELECTED SUBSIDIARY LICENSE CONDITIONS OF OSMC-PL.
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*
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* See the full OSMC Public License conditions for more details.
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*
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*/
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--- End of OSMC Public License Header ---
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The OSMC-PL is a public license for OpenModelica with three modes/alternatives
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(GPL, OSMC-Internal-EPL, OSMC-External-EPL) for use and redistribution,
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in source and/or binary/object-code form:
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* GPL. Any party (member or non-member of OSMC) may use and redistribute
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OpenModelica under GPL version 3.
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* Level 1 members of OSMC may also use and redistribute OpenModelica under
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OSMC-Internal-EPL conditions.
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* Level 2 members of OSMC may also use and redistribute OpenModelica under
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OSMC-Internal-EPL or OSMC-External-EPL conditions.
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Definitions of OSMC Public license modes:
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* GPL = GPL version 3.
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* OSMC-Internal-EPL = These OSMC Public license conditions together with
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Internally restricted EPL, i.e., EPL version 1.0 with the Additional
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Condition that use and redistribution by an OSMC member is only allowed
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within the OSMC member's own organization (i.e., its own legal entity),
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or for an OSMC member paying a membership fee corresponding to the size
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of the organization including all its affiliates, use and redistribution
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is allowed within/between its affiliates.
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* OSMC-External-EPL = These OSMC Public license conditions together with
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Externally restricted EPL, i.e., EPL version 1.0 with the Additional
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Condition that use and redistribution by an OSMC member, or by a Licensed
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Third Party Distributor having a redistribution agreement with that member,
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to parties external to the OSMC member’s own organization (i.e., its own
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legal entity) is only allowed in binary/object-code form, except the case of
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redistribution to other OSMC members to which source is also allowed to be
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distributed.
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[This has the consequence that an external party who wishes to use
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OpenModelica in source form together with its own proprietary software in all
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cases must be a member of OSMC].
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In all cases of usage and redistribution by recipients, the following
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conditions also apply:
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a) Redistributions of source code must retain the above copyright notice,
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all definitions, and conditions. It is sufficient if the OSMC-PL Header is
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present in each source file, if the full OSMC-PL is available in a prominent
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and easily located place in the redistribution.
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b) Redistributions in binary/object-code form must reproduce the above
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copyright notice, all definitions, and conditions. It is sufficient if the
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OSMC-PL Header and the location in the redistribution of the full OSMC-PL
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are present in the documentation and/or other materials provided with the
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redistribution, if the full OSMC-PL is available in a prominent and easily
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located place in the redistribution.
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c) A recipient must clearly indicate its chosen usage mode of OSMC-PL,
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in accompanying documentation and in a text file OSMC-USAGE-MODE.txt,
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provided with the distribution.
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d) Contributor(s) making a Contribution to OpenModelica thereby also makes a
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Transfer of Contribution Copyright. In return, upon the effective date of
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the transfer, OSMC grants the Contributor(s) a Contribution License of the
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Contribution. OSMC 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
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mode of OSMC-PL, defined by GPL version 3.0 for GPL, and by EPL for
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OSMC-Internal-EPL and OSMC-External-EPL.
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"OSMC-PL" means:
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Open Source Modelica Consortium Public License version 1.2, i.e., the license
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defined here (the text between
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"--- Start of Definition of OSMC Public License ---" and
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"--- End of Definition of OSMC Public License ---", or later versions thereof.
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"OSMC-PL Header" means:
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Open Source Modelica Consortium Public License Header version 1.2, i.e., the
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text between "--- Start of Definition of OSMC Public License ---" and
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"--- End of OSMC 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
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distributed under OSMC-PL, and
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b) in the case of each subsequent Contributor:
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i) changes to OpenModelica, and
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ii) additions to OpenModelica;
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where such changes and/or additions to OpenModelica originate from and are
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distributed by that particular Contributor. A Contribution 'originates' from
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a Contributor if it was added to OpenModelica by such Contributor itself or
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anyone acting on such Contributor's behalf.
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For Contributors licensing OpenModelica under OSMC-Internal-EPL or
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OSMC-External-EPL conditions, the following conditions also hold:
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Contributions do not include additions to the distributed Program which: (i)
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are separate modules of software distributed in conjunction with OpenModelica
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under their own license agreement, (ii) are separate modules which are not
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derivative works of OpenModelica, and (iii) are separate modules of software
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distributed in conjunction with OpenModelica under their own license agreement
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where these separate modules are merged with (weaved together with) modules of
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OpenModelica to form new modules that are distributed as object code or source
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code under their own license agreement, as allowed under the Additional
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Condition of internal distribution according to OSMC-Internal-EPL and/or
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Additional Condition for external distribution according to OSMC-External-EPL.
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"Transfer of Contribution Copyright" means that the Contributors of a
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Contribution transfer the ownership and the copyright of the Contribution to
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Open Source Modelica Consortium, the OpenModelica Copyright owner, for
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inclusion in OpenModelica. The transfer takes place upon the effective date
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when the Contribution is made available on the OSMC web site under OSMC-PL, by
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such Contributors themselves or anyone acting on such Contributors' behalf.
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The transfer is free of charge. If the Contributors or OSMC so wish,
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an optional Copyright transfer agreement can be signed between OSMC and the
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Contributors, as specified in an Appendix of the OSMC Bylaws.
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"Contribution License" means a license from OSMC to the Contributors of the
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Contribution, effective on the date of the Transfer of Contribution Copyright,
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where OSMC grants the Contributors a non-exclusive, world-wide, transferable,
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free of charge, perpetual license, including sublicensing rights, to use,
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have used, modify, have modified, reproduce and or have reproduced the
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contributed material, for business and other purposes, including but not
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limited to evaluation, development, testing, integration and merging with
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other software and distribution. The warranty and liability disclaimers of
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OSMC-PL apply to this license.
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"Contributor" means any person or entity that distributes (part of)
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OpenModelica.
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"The Program" means the Contributions distributed in accordance with OSMC-PL.
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"OpenModelica" means the Contributions distributed in accordance with OSMC-PL.
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"Recipient" means anyone who receives OpenModelica under OSMC-PL,
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including all Contributors.
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"Licensed Third Party Distributor" means a reseller/distributor having signed
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a redistribution/resale agreement in accordance with OSMC-PL and OSMC Bylaws,
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with an OSMC Level 2 organizational member which is not an Affiliate of the
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reseller/distributor, for distributing a product containing part(s) of
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OpenModelica. The Licensed Third Party Distributor shall only be allowed
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further redistribution to other resellers if the Level 2 member is granting
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such a right to it in the redistribution/resale agreement between the
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Level 2 member and the Licensed Third Party Distributor.
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"Affiliate" shall mean any legal entity, directly or indirectly, through one
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or more intermediaries, controlling or controlled by or under common control
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with any other legal entity, as the case may be. For purposes of this
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definition, the term "control" (including the terms "controlling,"
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"controlled by" and "under common control with") means the possession,
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direct or indirect, of the power to direct or cause the direction of the
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management and policies of a legal entity, whether through the ownership of
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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
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LICENSE CONDITIONS OF OSMC-PL, OPENMODELICA IS PROVIDED ON AN "AS IS"
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BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR
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IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF
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TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
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PURPOSE. Each Recipient is solely responsible for determining the
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appropriateness of using and distributing OPENMODELICA and assumes all risks
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associated with its exercise of rights under OSMC-PL , including but not
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limited to the risks and costs of program errors, compliance with applicable
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laws, damage to or loss of data, programs or equipment, and unavailability
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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
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LICENSE CONDITIONS OF OSMC-PL, NEITHER RECIPIENT NOR ANY CONTRIBUTORS
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SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
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EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION
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LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
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CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
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ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF OPENMODELICA OR THE
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EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE
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POSSIBILITY OF SUCH DAMAGES.
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A Contributor licensing OpenModelica under OSMC-Internal-EPL or
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OSMC-External-EPL may choose to distribute (parts of) OpenModelica in object
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code form under its own license agreement, provided that:
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a) it complies with the terms and conditions of OSMC-PL; or for the case of
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redistribution of OpenModelica together with proprietary code it is a dual
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license where the OpenModelica parts are distributed under OSMC-PL compatible
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conditions and the proprietary code is distributed under proprietary license
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conditions; and
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b) its license agreement:
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i) effectively disclaims on behalf of all Contributors all warranties and
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conditions, express and implied, including warranties or conditions of title
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and non-infringement, and implied warranties or conditions of merchantability
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and fitness for a particular purpose;
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ii) effectively excludes on behalf of all Contributors all liability for
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damages, including direct, indirect, special, incidental and consequential
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damages, such as lost profits;
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iii) states that any provisions which differ from OSMC-PL are offered by that
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Contributor alone and not by any other party; and
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iv) states from where the source code for OpenModelica is available, and
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informs licensees how to obtain it in a reasonable manner on or through a
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medium customarily used for software exchange.
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When OPENMODELICA is made available in source code form:
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a) it must be made available under OSMC-PL; and
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b) a copy of OSMC-PL must be included with each copy of OPENMODELICA.
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c) a copy of the subsidiary license associated with the selected mode of
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OSMC-PL must be included with each copy of OPENMODELICA.
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Contributors may not remove or alter any copyright notices contained within
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OPENMODELICA.
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If there is a conflict between OSMC-PL and the subsidiary license conditions,
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OSMC-PL has priority.
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This Agreement is governed by the laws of Sweden. The place of jurisdiction
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for all disagreements related to this Agreement, is Linköping, Sweden.
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The EPL 1.0 license definition has been obtained from:
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http://www.eclipse.org/legal/epl-v10.html. It is also reproduced in Appendix B
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of the OSMC Bylaws, and in the OpenModelica distribution.
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The GPL Version 3 license definition has been obtained from
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http://www.gnu.org/copyleft/gpl.html. It is also reproduced in Appendix C
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of the OSMC Bylaws, and in the OpenModelica distribution.
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--- End of Definition of OSMC Public License ---

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