BuildingControlLib.UsersGuide.License

# .BuildingControlLib.UsersGuide.License

Modelica License 2

## Information

#### The Modelica License 2

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:

This version of the license including exceptions has been inspired by the license of Buildings library published by The Regents of the University of California, through Lawrence Berkeley National Laboratory.

Note. This is the standard Modelica License 2, except for the following changes: the parenthetical in paragraph 7., paragraph 5., and the addition of paragraph 15.d).

Licensed by Fraunhofer Institute for Building Physics IBP under the Modelica License 2

#### 1. Definitions

1. "License" is this Modelica License.
2. "Original Work" is any work of authorship, including software, images, documents, data files, that contains the above licensing notice or that is packed together with a licensing notice referencing it.
3. "Licensor" is the provider of the Original Work who has placed this licensing notice adjacent to the copyright notice(s) for the Original Work. The Original Work is either directly provided by the owner of the Original Work, or by a licensee of the owner.
4. "Derivative Work" is any modification of the Original Work which represents, as a whole, an original work of authorship. For the matter of clarity and as examples:
   1. Derivative Work shall not include work that remains separable from the Original Work, as well as merely extracting a part of the Original Work without modifying it.
   2. Derivative Work shall not include (a) fixing of errors and/or (b) adding vendor specific Modelica annotations and/or (c) using a subset of the classes of a Modelica package, and/or (d) using a different representation, e.g., a binary representation.
   3. Derivative Work shall include classes that are copied from the Original Work where declarations, equations or the documentation are modified.
   4. Derivative Work shall include executables to simulate the models that are generated by a Modelica translator based on the Original Work (of a Modelica package).
5. "Modified Work" is any modification of the Original Work with the following exceptions: (a) fixing of errors and/or (b) adding vendor specific Modelica annotations and/or (c) using a subset of the classes of a Modelica package, and/or (d) using a different representation, e.g., a binary representation.
6. "Source Code" means the preferred form of the Original Work for making modifications to it and all available documentation describing how to modify the Original Work.
7. "You" means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License.
8. "Modelica package" means any Modelica library that is defined with the 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:

1. To reproduce the Original Work in copies, either alone or as part of a collection.
2. To create Derivative Works according to Section 1d) of this License.
3. To distribute or communicate to the public copies of the Original Work or a Derivative Work under this License. No fee, neither as a copyright-license fee, nor as a selling fee for the copy as such may be charged under this License. Furthermore, a verbatim copy of this License must be included in any copy of the Original Work or a Derivative Work under this License.
   For the matter of clarity, it is permitted A) to distribute or communicate such copies as part of a (possible commercial) collection where other parts are provided under different licenses and a license fee is charged for the other parts only and B) to charge for mere printing and shipping costs.
4. To distribute or communicate to the public copies of a Derivative Work, alternatively to Section 2c), under any other license of your choice, especially also under a license for commercial/proprietary software, as long as You comply with Sections 3, 4 and 8 below.
   For the matter of clarity, no restrictions regarding fees, either as to a copyright-license fee or as to a selling fee for the copy as such apply.
5. To perform the Original Work publicly.
6. To display the Original Work publicly.

#### 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. [reserved]

#### 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 (including, but not limited to, Fraunhofer Institute for Building Physics IBP), 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

1. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.
2. No verbal ancillary agreements have been made. Changes and additions to this License must appear in writing to be valid. This also applies to changing the clause pertaining to written form.
3. You may use the Original Work in all ways not otherwise restricted or conditioned by this License or by law, and Licensor promises not to interfere with or be responsible for such uses by You.
4. You are under no obligation whatsoever to provide any bug fixes, patches, or upgrades to the features, functionality or performance of the source code ("Enhancements") to anyone; however, if you choose to make your Enhancements available either publicly, or directly to Fraunhofer Institute for Building Physics IBP, without imposing a separate written license agreement for such Enhancements, then you hereby grant the following license: a non-exclusive, royalty-free perpetual license to install, use, modify, prepare derivative works, incorporate into other computer software, distribute, and sublicense such enhancements or derivative works thereof, in binary and source code form.

#### How to Apply the Modelica License 2

At the top level of your Modelica package and at every important subpackage, add the following notices in the info layer of the package:

- Licensed by Fraunhofer Institute for Building Physics IBP under the Modelica License 2 Copyright (c) 2017, Fraunhofer Institute for Building Physics IBP.
- This Modelica package is free software and the use is completely at your own risk; it can be redistributed and/or modified under the terms of the Modelica license 2, see the license conditions (including the disclaimer of warranty) here or at http://www.modelica.org/modelica-legal-documents/ModelicaLicense2.html.

Include a copy of the Modelica License 2 under <library>.UsersGuide.ModelicaLicense2 (use http://www.modelica.org/modelica-legal-documents/ModelicaLicense2.mo) Furthermore, add the list of authors and contributors under <library>.UsersGuide.Contributors or <library>.UsersGuide.Contact

For example, sublibrary Modelica.Blocks of the Modelica Standard Library may have the following notices:

- Licensed by Modelica Association under the Modelica License 2 Copyright (c) 1998-2008, Modelica Association.
- This Modelica package is free software and the use is completely at your own risk; it can be redistributed and/or modified under the terms of the Modelica license 2, see the license conditions (including the disclaimer of warranty) here or at http://www.modelica.org/modelica-legal-documents/ModelicaLicense2.html.

For C-source code and documents, add similar notices in the corresponding file.

For images, add a "readme.txt" file to the directories where the images are stored and include a similar notice in this file.

In these cases, save a copy of the Modelica License 2 in one directory of the distribution, e.g., http://www.modelica.org/modelica-legal-documents/ModelicaLicense2-standalone.html in directory <library>/help/documentation/ModelicaLicense2.html.

## Revisions

- March 07, 2017 by Georg Ferdinand Schneider & Georg Ambrosius Peßler:
  Implemented.

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