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Open CASCADE Technology Public License
Version 6.6, April 2013
OPEN CASCADE releases and makes publicly available the source code of the
software Open CASCADE Technology to the free software development community
under the terms and conditions of this license.
It is not the purpose of this license to induce you to infringe any patents
or other property right claims or to contest validity of any such claims;
this license has the sole purpose of protecting the integrity of the free
software distribution system, which is implemented by public license practices.
Many people have made generous contributions to the wide range of software
distributed through that system in reliance on consistent application of that
system; it is up to the author/donor to decide if he or she is willing to
distribute software through any other system and a licensee cannot impose
that choice.
Please read this license carefully and completely before downloading this
software. By downloading, using, modifying, distributing and sublicensing
this software, you indicate your acceptance to be bound by the terms and conditions
of this license. If you do not want to accept or cannot accept for any reasons
the terms and conditions of this license, please do not download or use in
any manner this software.
1. Definitions
Unless there is something in the subject matter or in the context inconsistent
therewith, the capitalized terms used in this License shall have the following
meaning.
"Applicable Intellectual Property Rights" means (a) with respect to the Initial
Developer, any rights under patents or patents applications or other intellectual
property rights that are now or hereafter acquired, owned by or assigned to
the Initial Developer and that cover subject matter contained in the Original
Code, but only to the extent necessary to use, reproduce, modify, distribute
or sublicense the Original Code without infringement; and (b) with respect
to You or any Contributor, any rights under patents or patents applications
or other intellectual property rights that are now or hereafter acquired,
owned by or assigned to You or to such Contributor and that cover subject
matter contained in Your Modifications or in such Contributor's Modifications,
taken alone or in combination with Original Code.
"Contributor" means each individual or legal entity that creates or contributes
to the creation of any Modification, including the Initial Developer.
"Derivative Program": means a new program combining the Software or portions
thereof with other source code not governed by the terms of this License.
"Initial Developer": means OPEN CASCADE, with main offices at 1, place des
Frères Montgolfier, 78280, Guyancourt, France.
"Modifications": mean any addition to, deletion from or change to the substance
or the structure of the Software. When source code of the Software is released
as a series of files, a Modification is: (a) any addition to, deletion from
or change to the contents of a file containing the Software or (b) any new
file or other representation of computer program statements that contains
any part of the Software. By way of example, Modifications include any debug
of, or improvement to, the Original Code or any of its components or portions
as well as its next versions or releases thereof.
"Original Code": means (a) the source code of the software Open CASCADE Technology
originally made available by the Initial Developer under this License, including
the source code of any updates or upgrades of the Original Code and (b) the
object code compiled from such source code and originally made available by
Initial Developer under this License.
"Software": means the Original Code, the Modifications, the combination of
Original Code and any Modifications or any respective portions thereof.
"You" or "Your": means an individual or a legal entity exercising rights under
this License
2. Acceptance of license
By using, reproducing, modifying, distributing or sublicensing the Software
or any portion thereof, You expressly indicate Your acceptance of the terms
and conditions of this License and undertake to act in accordance with all
the provisions of this License applicable to You.
3. Scope and purpose
This License applies to the Software and You may not use, reproduce, modify,
distribute, sublicense or circulate the Software, or any portion thereof,
except as expressly provided under this License. Any attempt to otherwise
use, reproduce, modify, distribute or sublicense the Software is void and
will automatically terminate Your rights under this License.
4. Contributor license
Subject to the terms and conditions of this License, the Initial Developer
and each of the Contributors hereby grant You a world-wide, royalty-free,
irrevocable and non-exclusive license under the Applicable Intellectual Property
Rights they own or control, to use, reproduce, modify, distribute and sublicense
the Software provided that:
You reproduce in all copies of the Software the copyright and other proprietary
notices and disclaimers of the Initial Developer as they appear in the Original
Code and attached hereto as Schedule "A" and any other notices or disclaimers
attached to the Software and keep intact all notices in the Original Code
that refer to this License and to the absence of any warranty;
You include a copy of this License with every copy of the Software You distribute;
If you distribute or sublicense the Software (as modified by You or on Your
behalf as the case may be), You cause such Software to be licensed as a whole,
at no charge, to all third parties, under the terms and conditions of the
License, making in particular available to all third parties the source code
of the Software;
You document all Your Modifications, indicate the date of each such Modification,
designate the version of the Software You used, prominently include a file
carrying such information with respect to the Modifications and duplicate
the copyright and other proprietary notices and disclaimers attached hereto
as Schedule "B" or any other notices or disclaimers attached to the Software
with your Modifications.
For greater certainty, it is expressly understood that You may freely create
Derivative Programs (without any obligation to publish such Derivative Program)
and distribute same as a single product. In such case, You must ensure that
all the requirements of this License are fulfilled for the Software or any
portion thereof.
5. Your license
You hereby grant all Contributors and anyone who becomes a party under this
License a world-wide, non-exclusive, royalty-free and irrevocable license
under the Applicable Intellectual Property Rights owned or controlled by You,
to use, reproduce, modify, distribute and sublicense all Your Modifications
under the terms and conditions of this License.
6. Software subject to license
Your Modifications shall be governed by the terms and conditions of this License.
You are not authorized to impose any other terms or conditions than those
prevailing under this License when You distribute and/or sublicense the Software,
save and except as permitted under Section 7 hereof.
7. Additional terms
You may choose to offer, on a non-exclusive basis, and to charge a fee for
any warranty, support, maintenance, liability obligations or other rights
consistent with the scope of this License with respect to the Software (the
"Additional Terms") to the recipients of the Software. However, You may do
so only on Your own behalf and on Your sole and exclusive responsibility.
You must obtain the recipient's agreement that any such Additional Terms are
offered by You alone, and You hereby agree to indemnify, defend and hold the
Initial Developer and any Contributor harmless for any liability incurred
by or claims asserted against the Initial Developer or any Contributors with
respect to any such Additional Terms.
8. Disclaimer of warranty
The Software is provided under this License on an "as is" basis, without warranty
of any kind, including without limitation, warranties that the Software is
free of defects, merchantable, fit for a particular purpose or non-infringing.
The entire risk as to the quality and performance of the Software is with
You.
9. Liability
Under no circumstances shall You, the Initial Developer or any Contributor
be liable to any person for any direct or indirect damages of any kind including,
without limitation, damages for loss of goodwill, loss of data, work stoppage,
computer failure or malfunction or any and all other commercial damages or
losses resulting from or relating to this License or indirectly to the use
of the Software.
10. Trademark
This License does not grant any rights to use the trademarks, trade names
and domain names "MATRA", "EADS Matra Datavision", "CAS.CADE", "Open CASCADE",
"opencascade.com" and "opencascade.org" or any other trademarks, trade names
or domain names used or owned by the Initial Developer.
11. Copyright
The Initial Developer retains all rights, title and interest in and to the
Original Code. You may not remove the copyright © notice which appears when
You download the Software.
12. Term
This License is granted to You for a term equal to the remaining period of
protection covered by the intellectual property rights applicable to the Original
Code.
13. Termination
In case of termination, as provided in Section 3 above, You agree to immediately
stop any further use, reproduction, modification, distribution and sublicensing
of the Software and to destroy all copies of the Software that are in Your
possession or control. All sublicenses of the Software which have been properly
granted prior to termination shall survive any termination of this License.
In addition, Sections 5, 8 to 11, 13.2 and 15.2 of this License, in reason
of their nature, shall survive the termination of this License for a period
of fifteen (15) years.
14. Versions of the license
The Initial Developer may publish new versions of this License from time to
time. Once Original Code has been published under a particular version of
this License, You may choose to continue to use it under the terms and conditions
of that version or use the Original Code under the terms of any subsequent
version of this License published by the Initial Developer.
15. Miscellaneous
15.1 Relationship of the Parties This License will not be construed as creating
an agency, partnership, joint venture or any other form of legal association
between You and the Initial Developer, and You will not represent to the contrary,
whether expressly, by implication or otherwise.
15.2 Independent Development Nothing in this License will impair the Initial
Developer's right to acquire, license, develop, have others develop for it,
market or distribute technology or products that perform the same or similar
functions as, or otherwise compete with, Modifications, Derivative Programs,
technology or products that You may develop, produce, market or distribute.
15.3 Severability If for any reason a court of competent jurisdiction finds
any provision of this License, or portion thereof, to be unenforceable, that
provision of the License will be enforced to the maximum extent permissible
so as to effect the economic benefits and intent of the parties, and the remainder
of this License will continue in full force and extent. END OF THE TERMS AND
CONDITIONS OF THIS LICENSE
OPEN CASCADE is a French société par actions simplifiée having its registered
head office at 1, place des Frères Montgolfier, 78280, Guyancourt, France
and main offices at 1, place des Frères Montgolfier, 78280, Guyancourt, France.
Its web site is located at the following address opencascade.com
Open CASCADE Technology Public License
Schedule "A"
The content of this file is subject to the Open CASCADE Technology Public
License (the "License"). You may not use the content of this file except in
compliance with the License. Please obtain a copy of the License at opencascade.com
and read it completely before using this file.
The Initial Developer of the Original Code is OPEN CASCADE, with main offices
at 1, place des Frères Montgolfier, 78280, Guyancourt, France. The Original
Code is copyright © OPEN CASCADE SAS, 2001. All rights reserved. "The Original
Code and all software distributed under the License are distributed on an
"AS IS" basis, without warranty of any kind, and the Initial Developer hereby
disclaims all such warranties, including without limitation, any warranties
of merchantability, fitness for a particular purpose or non-infringement.
Please see the License for the specific terms and conditions governing rights
and limitations under the License".
End of Schedule "A"
Open CASCADE Technology Public License
Schedule "B"
"The content of this file is subject to the Open CASCADE Technology Public
License (the "License"). You may not use the content of this file except in
compliance with the License. Please obtain a copy of the License at opencascade.com
and read it completely before using this file.
The Initial Developer of the Original Code is OPEN CASCADE, with main offices
at 1, place des Frères Montgolfier, 78280, Guyancourt, France. The Original
Code is copyright © Open CASCADE SAS, 2001. All rights reserved.
Modifications to the Original Code have been made by ________________________.
Modifications are copyright © [Year to be included]. All rights reserved.
The software Open CASCADE Technology and all software distributed under the
License are distributed on an "AS IS" basis, without warranty of any kind,
and the Initial Developer hereby disclaims all such warranties, including
without limitation, any warranties of merchantability, fitness for a particular
purpose or non-infringement.
Please see the License for the specific terms and conditions governing rights
and limitations under the License"
End of Schedule "B"