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Open CASCADE Technology Public License | Software Package Data Exchange (SPDX)
Open CASCADE Technology Public License
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Open CASCADE Technology Public License
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OCCT-PL
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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15.
Miscellaneous
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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.
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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.
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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"
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