All files in this directory ("Modelica") and in all subdirectories, especially all files that build package "Modelica" and the contents of the directory "Modelica/Resources" are licensed by the Modelica Association under the "Modelica License 2" (with exception of the contents of the directory "Modelica/Resources/C-Sources").
Licensor:
Modelica Association
(Ideella Föreningar 822003-8858 in Linköping)
c/o PELAB, IDA, Linköpings Universitet
S-58183 Linköping
Sweden
email: Board@Modelica.org
web: https://www.Modelica.org
Copyright notices of the
files:
Copyright © 1998-2016, ABB, Austrian Institute of Technology,
T. Bödrich, DLR, Dassault Systèmes AB, ESI ITI,
Fraunhofer, A. Haumer, C. Kral, Modelon,
TU Hamburg-Harburg, Politecnico di Milano, XRG Simulation
The Modelica
License 2
Frequently Asked
Questions
Preamble. The goal of this license is that Modelica related model libraries, software, images, documents, data files etc. can be used freely in the original or a modified form, in open source and in commercial environments (as long as the license conditions below are fulfilled, in particular sections 2c) and 2d). The Original Work is provided free of charge and the use is completely at your own risk. Developers of free Modelica packages are encouraged to utilize this license for their work.
The Modelica License applies to any Original Work that contains the following licensing notice adjacent to the copyright notice(s) for this Original Work:
Licensed by the Modelica Association under the Modelica License 2
1. Definitions.
package <Name> ... end <Name>;
"
Modelica language element.2. Grant of Copyright License. Licensor grants You a worldwide, royalty-free, non-exclusive, sublicensable license, for the duration of the copyright, to do the following:
3. Acceptance. Any use of the Original Work or a Derivative Work, or any action according to either Section 2a) to 2f) above constitutes Your acceptance of this License.
4. Designation of Derivative Works and of Modified Works. The identifying designation of Derivative Work and of Modified Work must be different to the corresponding identifying designation of the Original Work. This means especially that the (root-level) name of a Modelica package under this license must be changed if the package is modified (besides fixing of errors, adding vendor specific Modelica annotations, using a subset of the classes of a Modelica package, or using another representation, e.g. a binary representation).
5. Grant of Patent License. Licensor grants You a worldwide, royalty-free, non-exclusive, sublicensable license, under patent claims owned by the Licensor or licensed to the Licensor by the owners of the Original Work that are embodied in the Original Work as furnished by the Licensor, for the duration of the patents, to make, use, sell, offer for sale, have made, and import the Original Work and Derivative Works under the conditions as given in Section 2. For the matter of clarity, the license regarding Derivative Works covers patent claims to the extent as they are embodied in the Original Work only.
6. Provision of Source Code. Licensor agrees to provide
You with a copy of the Source Code of the Original Work but reserves the
right to decide freely on the manner of how the Original Work is
provided.
For the matter of clarity, Licensor
might provide only a binary representation of the Original Work. In that
case, You may (a) either reproduce the Source Code from the binary
representation if this is possible (e.g., by performing a copy of an
encrypted Modelica package, if encryption allows the copy operation) or (b)
request the Source Code from the Licensor who will provide it to You.
7. Exclusions from License Grant. Neither the names of
Licensor, nor the names of any contributors to the Original Work, nor any
of their trademarks or service marks, may be used to endorse or promote
products derived from this Original Work without express prior permission
of the Licensor. Except as otherwise expressly stated in this License and
in particular in Sections 2 and 5, nothing in this License grants any
license to Licensor's trademarks, copyrights, patents, trade secrets or any
other intellectual property, and no patent license is granted to make, use,
sell, offer for sale, have made, or import embodiments of any patent
claims.
No license is granted to the trademarks
of Licensor even if such trademarks are included in the Original Work,
except as expressly stated in this License. Nothing in this License shall
be interpreted to prohibit Licensor from licensing under terms different
from this License any Original Work that Licensor otherwise would have a
right to license.
8. Attribution Rights. You must retain in the Source
Code of the Original Work and of any Derivative Works that You create, all
author, copyright, patent, or trademark notices, as well as any descriptive
text identified therein as an "Attribution Notice". The same
applies to the licensing notice of this License in the Original Work. For
the matter of clarity, "author notice" means the notice that
identifies the original author(s).
You must cause the Source Code for any
Derivative Works that You create to carry a prominent Attribution Notice
reasonably calculated to inform recipients that You have modified the
Original Work.
In case the Original Work or Derivative
Work is not provided in Source Code, the Attribution Notices shall be
appropriately displayed, e.g., in the documentation of the Derivative
Work.
9. Disclaimer of Warranty.
The Original
Work is provided under this License on an "as is" basis and
without warranty, either express or implied, including, without limitation,
the warranties of non-infringement, merchantability or fitness for a
particular purpose. The entire risk as to the quality of the Original Work
is with You. This disclaimer of warranty constitutes an
essential part of this License. No license to the Original Work is granted
by this License except under this disclaimer.
10. Limitation of Liability. Under no circumstances and under no legal theory, whether in tort (including negligence), contract, or otherwise, shall the Licensor, the owner or a licensee of the Original Work be liable to anyone for any direct, indirect, general, special, incidental, or consequential damages of any character arising as a result of this License or the use of the Original Work including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses. This limitation of liability shall not apply to the extent applicable law prohibits such limitation.
11. Termination. This License conditions your rights to undertake the activities listed in Section 2 and 5, including your right to create Derivative Works based upon the Original Work, and doing so without observing these terms and conditions is prohibited by copyright law and international treaty. Nothing in this License is intended to affect copyright exceptions and limitations. This License shall terminate immediately and You may no longer exercise any of the rights granted to You by this License upon your failure to observe the conditions of this license.
12. Termination for Patent Action. This License shall terminate automatically and You may no longer exercise any of the rights granted to You by this License as of the date You commence an action, including a cross-claim or counterclaim, against Licensor, any owners of the Original Work or any licensee alleging that the Original Work infringes a patent. This termination provision shall not apply for an action alleging patent infringement through combinations of the Original Work under combination with other software or hardware.
13. Jurisdiction. Any action or suit relating to this License may be brought only in the courts of a jurisdiction wherein the Licensor resides and under the laws of that jurisdiction excluding its conflict-of-law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any use of the Original Work outside the scope of this License or after its termination shall be subject to the requirements and penalties of copyright or patent law in the appropriate jurisdiction. This section shall survive the termination of this License.
14. Attorneys' Fees. In any action to enforce the terms of this License or seeking damages relating thereto, the prevailing party shall be entitled to recover its costs and expenses, including, without limitation, reasonable attorneys' fees and costs incurred in connection with such action, including any appeal of such action. This section shall survive the termination of this License.
15. Miscellaneous.
This section contains questions/answer to users and/or distributors of Modelica packages and/or documents under Modelica License 2. Note, the answers to the questions below are not a legal interpretation of the Modelica License 2. In case of a conflict, the language of the license shall prevail.
What are the main differences to the previous version of the Modelica License?
Can I distribute a Modelica package (under Modelica
License 2) as part of my commercial Modelica modeling and simulation
environment?
Yes, according to Section 2c). However, you are not allowed to
charge a fee for this part of your environment. Of course, you can charge
for your part of the environment.
Can I distribute a Modelica package (under Modelica
License 2) under a different license?
No. The license of an unmodified Modelica package cannot be changed
according to Sections 2c) and 2d). This means that you cannot
sell copies of it, any distribution has to be free of charge.
Can I distribute a Modelica package (under Modelica
License 2) under a different license when I first encrypt the
package?
No. Merely encrypting a package does not qualify for Derivative Work and
therefore the encrypted package has to stay under Modelica
License 2.
Can I distribute a Modelica package (under Modelica
License 2) under a different license when I first add classes to the
package?
No. The package itself remains unmodified, i.e., it is Original Work,
and therefore the license for this part must remain under Modelica
License 2. The newly added classes can be, however, under a different
license.
Can I copy a class out of a Modelica package (under Modelica
License 2) and include it unmodified
in a Modelica package under a
commercial/proprietary
license?
No, according to article 2c). However, you can include model,
block, function, package, record and connector classes in your Modelica
package under Modelica License 2. This means that your Modelica
package could be under a commercial/proprietary license, but one or more
classes of it are under Modelica License 2.
Note, a "type" class (e.g., type Angle =
Real(unit="rad")) can be copied and included unmodified under a
commercial/proprietary license (for details, see the next question).
Can I copy a type class or part
of a model, block, function, record, connector class, out of a
Modelica package (under Modelica License 2) and include it modified or
unmodified in a Modelica package under a
commercial/proprietary
license?
Yes, according to article 2d), since this will in the end usually
qualify as Derivative Work. The reasoning is the following: A type class or
part of another class (e.g., an equation, a declaration, part of a class
description) cannot be utilized "by its own". In order to make
this "usable", you have to add additional code in order that
the class can be utilized. This is therefore usually Derivative Work and
Derivative Work can be provided under a different license. Note, this only
holds, if the additional code introduced is sufficient to qualify for
Derivative Work. Merely, just copying a class and changing, say, one
character in the documentation of this class would be no Derivative Work
and therefore the copied code would have to stay under Modelica
License 2.
Can I copy a class out of a Modelica package (under Modelica
License 2) and include it in modified
form in a commercial/proprietary
Modelica package?
Yes. If the modification can be seen as a "Derivative Work",
you can place it under your commercial/proprietary license. If the
modification does not qualify as "Derivative Work" (e.g., bug
fixes, vendor specific annotations), it must remain under Modelica
License 2. This means that your Modelica package could be under a
commercial/proprietary license, but one or more parts of it are under
Modelica License 2.
Can I distribute a "save total model" under my
commercial/proprietary license, even if classes under Modelica
License 2 are included?
Your classes of the "save total model" can be distributed
under your commercial/proprietary license, but the classes under Modelica
License 2 must remain under Modelica License 2. This means you
can distribute a "save total model", but some parts might be
under Modelica License 2.
Can I distribute a Modelica package (under Modelica
License 2) in encrypted form?
Yes. Note, if the encryption does not allow "copying" of
classes (in to unencrypted Modelica source code), you have to send the
Modelica source code of this package to your customer, if he/she wishes it,
according to article 6.
Can I distribute an executable under my commercial/proprietary
license, if the model from which the executable is generated uses models
from a Modelica package under Modelica License 2?
Yes, according to article 2d), since this is seen as Derivative
Work. The reasoning is the following: An executable allows the simulation
of a concrete model, whereas models from a Modelica package (without
pre-processing, translation, tool run-time library) are not able to be
simulated without tool support. By the processing of the tool and by its
run-time libraries, significant new functionality is added (a model can be
simulated whereas previously it could not be simulated) and functionality
available in the package is removed (e.g., to build up a new model by
dragging components of the package is no longer possible with the
executable).
Is my modification to a Modelica package (under Modelica
License 2) a Derivative Work?
It is not possible to give a general answer to it. To be regarded as
"an original work of authorship", a derivative work must be
different enough from the original or must contain a substantial amount of
new material. Making minor changes or additions of little substance to a
preexisting work will not qualify the work as a new version for such
purposes.
This section is devoted especially for the following applications:
Can I sell a manual that was basically derived by extracting
information automatically from a Modelica package under Modelica
License 2 (e.g., a "reference guide" of the Modelica
Standard Library)?
Yes. Extracting information from a Modelica package, and providing it in
a human readable, suitable format, like html, doc or pdf format, where the
content is significantly modified (e.g. tables with interface information
are constructed from the declarations of the public variables) qualifies as
Derivative Work and there are no restrictions to charge a fee for
Derivative Work under alternative 2d).
Can I copy a text passage out of a Modelica document (under
Modelica License 2) and use it
unmodified in my document (e.g. the
Modelica syntax description in the Modelica Specification)?
Yes. In case you distribute your document, the copied parts are still
under Modelica License 2 and you are not allowed to charge a license
fee for this part. You can, of course, charge a fee for the rest of your
document.
Can I copy a text passage out of a Modelica document (under
Modelica License 2) and use it in
modified form in my document?
Yes, the creation of Derivative Works is allowed. In case the content is
significantly modified this qualifies as Derivative Work and there are no
restrictions to charge a fee for Derivative Work under
alternative 2d).
Can I sell a printed version of a Modelica document (under
Modelica License 2), e.g., the Modelica Language
Specification?
No, if you are not the copyright-holder, since article 2c) does not
allow a selling fee for a (in this case physical) copy. However, mere
printing and shipping costs may be recovered.