[License-review] For Approval: Open Logistics License

[Andreas Nettsträter]

Dear License Review Team,

I would like to propose the Open Logistics License for an approval. 

You can find the plain text copy of the license in the attachment and the requested additional information in the following. 

Rationale: 
This new license is intended to represent the rights and obligations of an established license, such as Apache v2, while respecting the differences between US and European law. The changes were mainly done in the paragraphs regarding warranty and liability.

Distinguish: 
The Open Logistics License is based on Apache v2, but has been modified to comply more with European law. 

Legal review: 
The entire process of discussing and drafting the license was accompanied by BHO Legal, a German law firm specialized in IT law. Adjustments were made to specifically adapt the rules on the patent license, warranty, and liability to European law. The adjustments are intended to strengthen the acceptance of the license by European companies and minimize (perhaps only perceived) risks. The license was subsequently reviewed and approved by several in-house lawyers of larger European companies. Further details and justifications for the individual changes can be provided on request.

Proliferation category:
The decision on one specific category is quite hard. The license is compatible with Apache2, but was adapted to some specific European rules. The license will be used by a larger group of companies in the frame of open source development for logistics and supply chain management, but is, of course, not limited to this purpose. Therefore, the license can be seen as a special purpose license.

I'm happy to deliver more information, if needed. 

Regards from Germany
Andreas

--
Andreas Nettsträter
Open Logistics Foundation

-------------- next part --------------
Open Logistics License
Version 1.0, March 2022
https://www.openlogisticsfoundation.org/licenses/

TERMS AND CONDITIONS FOR THE USE, REPRODUCTION AND DISTRIBUTION

§1 Definitions

(1) "Subject Matter of the License" means the copyrighted works of the software
components in source code or object code as well as the other components
protected under copyright, design and/or patent law which are made available
under this license in accordance with a copyright notice inserted into or
attached to the work as well as the application and user documentation.

(2) "License" means the terms and conditions for the use, reproduction and
distribution of the Subject Matter of the License in accordance with the
provisions of this document.

(3) "Licensor(s)" means the copyright holder(s) or the entity authorised by law
or contract by the copyright holder(s) to grant the license.

(4) "You" (or "Your") means a natural or legal person exercising the
permissions granted by this License.

(5) "Source Code" means the version of the code of the software components of
the Subject Matter of the License in the programming language.

(6) "Object Code" means the interim product after compilation or interpretation
of the Source Code.

(7) "Derivative Works" shall mean any work, whether in Source or Object Code or
any other form, that is based on (or derived from) the Subject Matter of the
License and for which the editorial revisions, annotations, elaborations, or
other modifications represent, as a whole, an original work of authorship. For
the purposes of this License, Derivative Works shall not include works that
remain separable from, or merely link (or bind by name) to the interfaces of,
the Subject Matter of the License and Derivative Works thereof.

(8) "Contribution" means any proprietary work, including the original version
of the Subject Matter of the License and any changes or additions to such work,
or Derivative Works of such work, that the copyright holder, or a natural or
legal person authorised to make submissions, intentionally submits to the
Licensor or one of the Licensors to be incorporated into the Subject Matter of
the License.  For the purposes of this definition, "submit" means any form of
electronic or written communication which is sent to the Licensor (or one of
the Licensors) or its representatives to discuss or improve the Subject Matter
of the License, including, but not limited to, communications sent via
electronic mailing lists, source code control systems and issue tracking
systems; however, communications that are clearly labelled as "no contribution"
by the copyright holder or otherwise identified as such in writing are
excluded.

(9) "Contributor" means the Licensor and/or any natural or legal person on
whose behalf the Licensor receives any Contribution subsequently incorporated
into the Subject Matter of the License.

§2 Granting of usage rights

Subject to the terms and conditions of this License and compliance with the
provisions of this License, You are hereby granted by all Contributors, for the
term of the copyrights in the Subject Matter of the License, the

- royalty-free and non-exclusive,
- sub-licensable for commercial and non-commercial purposes,
- worldwide and perpetual,
- irrevocable and non-terminable

right

- to use in any hardware and software environment, - with regard to the
  software and data components - in particular to store or load it permanently
  or temporarily, to display it and run it, including to the extent
  reproductions are necessary to that end,
- to modify, interpret, edit or redesign in another way,
- to store, reproduce, exhibit, publish, distribute in tangible or intangible
  form, on any medium or in any other way, for commercial and non-commercial
  purposes, in particular to communicate privately or publicly, also through
  image, audio and other information carriers, irrespective of whether by wire
  or wireless means,
- to use in databases, data networks and online services, including the right
  to make the software and data components of the Subject Matter of the License
  available in source code or object code to users of the aforementioned
  databases, networks and online services for research and retrieval purposes,
- to allow third parties to use or operate,
- to use for own purposes but also to provide services to third parties,
- to distribute

the Subject Matter of the License in its original or modified, interpreted,
edited or redesigned form.

This right of use relates to the Subject Matter of the License in particular
its source code and object code of the software components in all forms
(including - where applicable - design rights).

§3 Grant of a patent license

Subject to the terms and conditions of this License and compliance with the
provisions of this License, You are hereby granted by each Contributor a

- perpetual,
- worldwide,
- non-exclusive,
- free of charge,
- irrevocable (with the exception of the restrictions set out in this
  Section 3)

patent license in all rights deriving from the patents, owned and licensable by
the Contributor at the time of the submission of the Contribution, to

- produce,
- have produced,
- use,
- offer for sale,
- sell,
- import and otherwise transfer

the Subject Matter of the License.

However, this patent license covers only those rights deriving from the patents
of the respective Contributors as are indispensable in order not to infringe
that patent and only to the extent that the use of the Contributor's respective
Contributions, whether in itself or as a combination with other Contributions
of the Contributors or any third parties together with the Subject Matter of
the License for which these Contributions were submitted, would otherwise
infringe that patent. For avoidance of doubt, no patent licenses are granted
for the use of the Subject Matter of the License or the Contributions which
become necessary for lawful use because third party modifications are made to
the Subject Matter of the License or the respective Contributions after the
Contributions has been submitted by the Contributors. Under no circumstances
will anything in this Section 3 be construed as granting, by implication,
estoppel or otherwise, a license to any patent for which the respective
Contributors have not granted patent rights when they submitted their
respective Contributions.

In the event that You institute judicial patent proceedings against any entity
or person (including a counterclaim or countersuit in a legal dispute), arguing
that the Subject Matter of the License or a Contribution incorporated or
contained therein constitutes a patent infringement or a contributory factor to
a patent infringement, all patent licenses which have been granted to You under
this License for the Subject Matter of the License as well as this License in
itself shall be deemed terminated as of the date on which the action is filed.

For avoidance of doubt, the Contributors are entitled to decide in their own
discretion to abandon respectively maintain any patent designated by patent
number upon delivery of the Subject Matter of the License.

§4 Distribution

You may reproduce and distribute copies of the Subject Matter of the License or
Derivative Works on any medium, with or without modifications, (with regard to
software components) in Source or Object Code, provided that You comply with
the following rules:

- You must provide all other recipients of the Subject Matter of the License or
  of Derivative Works with a copy of this License and inform them that the
  Subject Matter of the License was originally licensed under this License.
- You must ensure that modified files contain prominent notices indicating that
  You have modified the files.
- You must retain all copyright, patent, trademark and name credit notices in
  the Subject Matter of the License in the source code of any Derivative Works
  You distribute, with the exception of those notices which do not belong to
  any part of the Derivative Works.
- You must oblige the recipients of the Subject Matter of the License or
  Derivative Works to incorporate the provisions of this Section 4 into any
  license under which they distribute the the Subject Matter of the License or
  Derivative Works to any other recipients.

You may add Your own copyright notices to Your modifications and state any
additional or different license conditions and conditions for the use,
reproduction or distribution of Your modifications or for these Derivative
Works as a whole, provided that Your use, reproduction and distribution of the
work in all other respects complies with the terms and conditions set out in
this License.

§5 Submission of Contributions

Unless expressly stated otherwise, every Contribution that You have
intentionally submitted for inclusion in the Subject Matter of the License is
subject to this License without any additional terms or conditions applying.
Irrespective of the above, none of the terms or conditions contained herein may
be interpreted to replace or change the terms or conditions of a separate
licensing agreement that You may have concluded with a Licensor for such
Contributions, such as a so-called "Contributor License Agreement" (CLA).

§6 Trademarks

This License does not grant permission to use the trade names, trademarks,
service marks or product names of the Licensor or of a Contributor.

§7 Limited warranty

This License is granted free of charge and thus constitutes a gift.
Accordingly, any warranty is excluded. Work on the Subject Matter of the
License continues on an ongoing basis; it is constantly improved by countless
Contributors. The Subject Matter of the License is not completed and may
therefore contain errors ("bugs") or additional patents of Contributors or
third parties, as is inherent to this type of development.

§8 Limitation of liability

Except in cases of intent and gross negligence or causing personal injury, the
Contributors, their legal representatives, trustees, officers and employees
shall not be liable for direct or indirect, material or immaterial loss or
damage of any kind arising from the License or the use of the Subject Matter of
the License; this applies, among other things, but not exclusively, to loss of
goodwill, loss of production, computer failures or errors, loss of data or
economic loss or damage, even if the Contributor has been notified of the
possibility of such loss or damage. Irrespective of the above, the Licensor
shall only be liable in the scope of statutory product liability, to the extent
the respective provisions are applicable to the Subject Matter of the License
or the Contribution.

Except in the case of intent, the Contributors, their legal representatives,
trustees, officers and employees shall not be liable that any of the
Contributions are free from any claim of infringement of any patent or any
other intellectual property right owned by any third party, accurate, devoid of
mistakes, complete and/or usable for any purpose.

§9 Provision of warranties or assumption of additional liability in the event
of distribution of the Subject Matter of the License

In the event of distribution of the Subject Matter of the License or Derivative
Works, You are free to assume support, warranty, indemnity or other liability
obligations and/or rights in accordance with this License and to charge a fee
in return. However, in accepting such obligations, You may act only on Your own
behalf and on Your sole responsibility, not on behalf of any other Contributor,
and You hereby agree to indemnify, defend, and hold each Contributor harmless
for any liability incurred by, or claims asserted against, such Contributor by
reason of your accepting any such warranty or additional liability.

§10 Applicable law

This License is governed by German law with the exclusion of its provisions on
the conflict of laws and with the exclusion of the UN Convention on Contracts
for the International Sale of Goods (CISG).

END OF TERMS AND CONDITIONS