[License-review] International Licenses: Québec Free and Open-Source Licence (LiLiQ)

Simon.Johnson-Begin at cspq.gouv.qc.ca Simon.Johnson-Begin at cspq.gouv.qc.ca
Fri Dec 11 13:54:25 UTC 2015



Hi,

Someone pointed us that the wording of section 9 of the LiLiQ-P is not
the same as the wording of of the LiLiQ-R and R+. Even if the meaning is
the same, it should be modified to give certainty.


LiLiQ-P : La présente licence est automatiquement résiliée dès que les
droits qui y sont accordés ne sont pas exercés conformément aux termes
qui y sont stipulés.

This licence is automatically terminated should the rights it grants
fail to be exercised in accordance with the terms of the licence.


LiLiQ-R and R+:
La présente licence est résiliée de plein droit dès que les droits qui y
sont accordés ne sont pas exercés conformément aux termes qui y sont
stipulés.

This licence is terminated as of right should the rights it grants fail
to be exercised in accordance with the terms of the licence.


LiLiQ-P should be modified with the wording of the LiLiQ-R and R+.

The modification has been made in the attached files.

Thank you,





Le lundi 07 décembre 2015 à 16:04 -0500, Richard Fontana a écrit :
> Hi Simon,
>
> Is there a public copy of the French versions of the licenses that we
> can see?
>
> Thanks,
> Richard
>
>
>
>
Simon Johnson-Bégin, avocat  | Direction des affaires juridiques
Centre de services partagés du Québec | 875, Grande Allée Est, 4e étage, Québec (Québec) G1R 5W5
Tél. : 418 644-7934  | Téléc. : 418 646-0105
simon.johnson-begin at cspq.gouv.qc.ca | www.cspq.gouv.qc.ca

CE COURRIEL PEUT CONTENIR DES ÉLÉMENTS PROTÉGÉS PAR LE SECRET PROFESSIONNEL D'UN AVOCAT.
Veuillez prendre note que ce courriel est strictement confidentiel. Il est rédigé pour l’usage exclusif des employés du CSPQ concernés. À moins d’une autorisation expresse à cet effet, toute diffusion, distribution ou reproduction à l’externe est strictement interdite. Si vous avez reçu par erreur cette communication, veuillez en informer l'expéditeur par courrier électronique immédiatement et détruire l'original de ce message ainsi que toute copie.
On Tue, Nov 10, 2015 at 02:19:23AM +0000, Simon.Johnson-Begin at cspq.gouv.qc.ca wrote:
> >
> >
> > Thank you everyone for your comments. We modified our licenses accordingly. Our translator completed the translation of the modified licences last friday. Attached to this post, you will find a Version 1.1 of our licences, since version 1.0 was already in use. You will also find an affidavit. We also want you to know that there are plans for a FAQ of our licences. As for the titles of the licences, since version 1.0 was already in use, we choose not to change them, even if the proposed titles were interesting. If there are no more major concerns, this is the version that we would like to get approved by the OSI board.
> >
> > Thank you for your kind cooperation.
> >
> >
> >
> > Section 3 (All licences):
> > Deleted :  for all practical purposes
> > Added : of the source code
> >
> > Section 4 (All licences):
> > Added : preferably […] that allows for such a mention
> >
> > Section 4.2 (LiliQ-R and R+):
> > Replaced : “Grant” had been replaced by the word “interest“
> >
> > Section 4.2 (LiLiQ-R):
> > Added: or greater than
> >
> > Added: (1)° Common Development and Distribution License (CDDL-1.0)
> > Added: (2)° Common Public License Version 1.0 (CPL-1.0)
> > Added: (3)° Contrat de licence de logiciel libre CeCILL, version 2.1 (CECILL-2.1)
> > Added: (5)° Eclipse Public License - v 1.0 (EPL-1.0)
> > Added: (6)° European Union Public License, version 1.1 (EUPL v. 1.1)
> > Added: (7)° Licence Libre du Québec – Réciprocité forte (Québec Free and Open-Source Licence – Strong Reciprocity) version 1.1 (LiLiQ-R+ 1.1)
> > Added: (8)° GNU General Public License Version 2 (GNU GPLv2)
> > Added: (9)° GNU General Public License Version 3 (GNU GPLv3)
> >
> > Section 9 (All licences) :
> > Added : by the person in default
> > Replaced: “may” has been replaced by the word “will”
> >
> > Section 11(All licences):
> > Added: And
> > Added: except as needed to describe the origin of the licence.
> >
> > Simon Johnson-Bégin, avocat  | Direction des affaires juridiques
> > Centre de services partagés du Québec | 875, Grande Allée Est, 4e étage, Québec (Québec) G1R 5W5
> > Tél. : 418 644-7934  | Téléc. : 418 646-0105
> > simon.johnson-begin at cspq.gouv.qc.ca | www.cspq.gouv.qc.ca
> >
> > CE COURRIEL PEUT CONTENIR DES ÉLÉMENTS PROTÉGÉS PAR LE SECRET PROFESSIONNEL D'UN AVOCAT.
> > Veuillez prendre note que ce courriel est strictement confidentiel. Il est rédigé pour l’usage exclusif des employés du CSPQ concernés. À moins d’une autorisation expresse à cet effet, toute diffusion, distribution ou reproduction à l’externe est strictement interdite. Si vous avez reçu par erreur cette communication, veuillez en informer l'expéditeur par courrier électronique immédiatement et détruire l'original de ce message ainsi que toute copie.
>
>
> > Qu?bec Free and Open-Source Licence ? Permissive (LiLiQ-P)
> >
> > Version 1.1
> >
> > 1. Preamble
> > This licence applies to any distributed software stipulated by its copyright owner to be subject to the terms of the Qu?bec Free and Open-Source Licence ? Permissive (LiLiQ-P) (hereinafter referred to as the ?licence?).
> >
> > 2. Definitions
> > Unless the context indicates otherwise, the following terms are used in this licence:
> > ?contribution?: any original software or part of original software submitted and intended to be integrated into the software;
> > ?contributor?: the copyright owner or any person authorized by the copyright owner to submit a contribution to the licensor. A contributor whose contribution is integrated into the software is considered a licensor with respect to that contribution;
> > ?derived software?: any original software developed by a licensee, other than the software or modified software, that produces or reproduces all or a substantial part of the software;
> > ?distribution?: the act of delivering a copy of the software;
> > ?licensee?: any person possessing a copy of the software who exercises the rights granted by the licence;
> > ?licensor?: the software copyright owner or any person duly authorized by the copyright owner to grant this licence;
> > ?modified software?: any modification made by a licensee to one of the software?s source code files, or any new source code file that integrates the software or a substantial part of it;
> > ?software?: a copyright-protected work such as a computer program and its documentation, stipulated by the copyright owner to be subject to the terms of this licence.
> >
> > 3. Copyright licence
> > Subject to the terms of this licence, the licensor grants the licensee a non-exclusive, royalty-free licence allowing the licensee to exercise the following rights regarding the software:
> > (1) Produce or reproduce the software or a substantial part thereof;
> > (2) Perform the software or any substantial part of it in public;
> > (3) Publish the software or any substantial part of it.
> > (4) Sub-license under another free or open-source licence approved or certified by the Free Software Foundation or the Open Source Initiative.
> >
> > This licence is granted on a world-wide, perpetual basis.
> >
> > Full exercise of these rights is subject to distribution by the licensor of the software source code in a form allowing it to be modified. The licensor may also distribute the software, along with an offer to distribute the software source code, without additional charges other than reasonable charges for delivery of the source code. That offer must be valid for a reasonable period of time.
> >
> > 4. Distribution
> > The licensee may distribute copies of the software, modified software or derived software, subject to the following conditions:
> > (1) The software must be accompanied by a copy of this licence.
> > (2) If the software has been modified, the licensee must mention this, preferably in every modified file that allows for such a mention.
> > (3) Software copyright, trademark, warranty or attribution labels or notices must not be modified or removed, unless the labels or notices do not apply to specific modified or derived software.
> >
> > 5. Contributions
> > Subject to a separate agreement, every contribution submitted by a contributor to the licensor for inclusion in the software is subject to the terms of this licence.
> >
> > 6. Trademarks
> > This licence does not grant any special permission to use the licensor?s trademarks, except as needed to describe the origin of the software.
> >
> > 7. Warranties
> > Unless otherwise specified, the licensor distributes the software without any warranty, at the risk of the acquirer of a copy of the software, and without any warranty that the software is suited to any specific need or will yield any specific results.
> >
> > Without binding the licensor in any way, nothing prevents a licensee from offering or excluding warranties or support.
> >
> > 8. Liability
> > The licensee is liable for any prejudice resulting from the exercise of the rights granted under the licence.
> >
> > The licensor cannot be held liable for any prejudice sustained by the licensee or third parties for any reason whatsoever related to the licence and the rights it grants.
> >
> > 9. Termination
> > This licence is automatically terminated should the rights it grants fail to be exercised in accordance with the terms of the licence.
> >
> > However, if the failure is remedied within 30 days after its discovery by the person in default and it is the first failure, the licence will be granted once again.
> >
> > For any subsequent failure, the licensor?s express consent is required for the licence to be granted once again.
> >
> > 10. Licence version
> > The Centre de services partag?s du Qu?bec, its successors or any person it designates may release revised or modified versions of this licence. Each version will be given a unique number. If software is already subject to the terms of a specific version, the parties to the licence will be bound solely by that version.
> >
> > The licensor may also expressly choose to grant the licence in its current version or any subsequent version, in which case the licensee may choose the license version to be granted.
> >
> > 11. Miscellaneous
> > To the extent that the licensor is a government department, public body or legal person established in the public interest and created under a law of the National Assembly of Qu?bec, the licence is governed by the laws applicable in Qu?bec and, in the event of a dispute, the courts of Qu?bec have sole jurisdiction.
> >
> > This licence may be distributed without any special conditions. However, a modified version must be distributed under a different name. Any reference to the Centre de services partag?s du Qu?bec or its successors, where applicable, must be withdrawn, except as needed to describe the origin of the licence.
>
> > Qu?bec Free and Open-Source Licence ? Reciprocity (LiLiQ-R)
> >
> > Version 1.1
> >
> > 1. Preamble
> > This licence applies to any distributed software stipulated by its copyright owner to be subject to the terms of the Qu?bec Free and Open-Source Licence ? Reciprocity (LiLiQ-R) (hereinafter referred to as the ?licence?).
> >
> > 2. Definitions
> > Unless the context indicates otherwise, the following terms are used in this licence:
> > ?contribution?: any original software or part of original software submitted and intended to be integrated into the software;
> > ?contributor?: the copyright owner or any person authorized by the copyright owner to submit a contribution to the licensor. A contributor whose contribution is integrated into the software is considered a licensor with respect to that contribution;
> > ?derived software?: any original software developed by a licensee, other than the software or modified software, that produces or reproduces all or a substantial part of the software;
> > ?distribution?: the act of delivering a copy of the software;
> > ?licensee?: any person possessing a copy of the software who exercises the rights granted by the licence;
> > ?licensor?: the software copyright owner or any person duly authorized by the copyright owner to grant this licence;
> > ?modified software?: any modification made by a licensee to one of the software?s source code files, or any new source code file that integrates the software or a substantial part of it;
> > ?software?: a copyright-protected work such as a computer program and its documentation, stipulated by the copyright owner to be subject to the terms of this licence.
> >
> > 3. Copyright licence
> > Subject to the terms of this licence, the licensor grants the licensee a non-exclusive, royalty-free licence allowing the licensee to exercise the following rights regarding the software:
> > (1) Produce or reproduce the software or a substantial part thereof;
> > (2) Perform the software or any substantial part of it in public;
> > (3) Publish the software or any substantial part of it.
> >
> > This licence is granted on a world-wide, perpetual basis.
> >
> > Full exercise of these rights is subject to distribution by the licensor of the software source code in a form allowing it to be modified. The licensor may also distribute the software, along with an offer to distribute the software source code, without additional charges other than reasonable charges for delivery of the source code. That offer must be valid for a reasonable period of time.
> >
> > 4. Distribution
> > The licensee may distribute copies of the software, modified software or derived software, subject to the following conditions:
> > (1) The software must be accompanied by a copy of this licence.
> > (2) If the software has been modified, the licensee must mention this, preferably in every modified file that allows for such a mention.
> > (3) Software copyright, trademark, warranty or attribution labels or notices must not be modified or removed, unless the labels or notices do not apply to specific modified or derived software.
> >
> > 4.1. Reciprocity
> > Every time the licensee distributes the software, the licensor grants the recipient an interest in the software in accordance with the terms of this licence. The licensee must grant an interest in accordance with the terms of this licence for any modified software distributed.
> >
> > Every time the licensee distributes the software or modified software, the licensee is obliged to distribute its source code in the manner prescribed in the third paragraph of section?(3)
> >
> > 4.2. Compatibility
> > To the extent that the licensee wishes to distribute modified software combined with software subject to a compatible licence whose terms cannot possibly be fulfilled, the licensor offers, in addition to this interest, an interest in compliance with the terms of the compatible licence.
> >
> > A licensee who is the exclusive copyright owner of the software subject to a compatible licence is not eligible for this offer. The same applies to any other person duly authorized to sub-license by the exclusive copyright owner of the software subject to a compatible licence.
> >
> > A compatible licence is considered to be any free or open-source licence approved or certified by the Free Software Foundation or the Open Source Initiative, whose level of reciprocity is comparable to or greater than that of this licence, without being less so, in particular:
> > (1)?Common Development and Distribution License (CDDL-1.0)
> > (2)?Common Public License Version 1.0 (CPL-1.0)
> > (3)?Contrat de licence de logiciel libre CeCILL, version 2.1 (CECILL-2.1)
> > (4)?Contrat de licence de logiciel libre CeCILL-C (CECILL-C)
> > (5)?Eclipse Public License - v 1.0 (EPL-1.0)
> > (6)?European Union Public License, version 1.1 (EUPL v. 1.1)
> > (7)?Licence Libre du Qu?bec ? R?ciprocit? forte (Qu?bec Free and Open-Source Licence ? Strong Reciprocity) version 1.1 (LiLiQ-R+ 1.1)
> > (8)?GNU General Public License Version 2 (GNU GPLv2)
> > (9)?GNU General Public License Version 3 (GNU GPLv3)
> > (10)?GNU Lesser General Public License Version 2.1 (GNU LGPLv2.1)
> > (11)?GNU Lesser General Public License Version 3 (GNU LGPLv3)
> > (12)?Mozilla Public License Version 2.0 (MPL-2.0)
> >
> > 5. Contributions
> > Subject to a separate agreement, every contribution submitted by a contributor to the licensor for inclusion in the software is subject to the terms of this licence.
> >
> > 6. Trademarks
> > This licence does not grant any special permission to use the licensor?s trademarks, except as needed to describe the origin of the software.
> >
> > 7. Warranties
> > Unless otherwise specified, the licensor distributes the software without any warranty, at the risk of the acquirer of a copy of the software, and without any warranty that the software is suited to any specific need or will yield any specific results.
> >
> > Without binding the licensor in any way, nothing prevents a licensee from offering or excluding warranties or support.
> >
> > 8. Liability
> > The licensee is liable for any prejudice resulting from the exercise of the rights granted under the licence.
> >
> > The licensor cannot be held liable for any prejudice sustained by the licensee or third parties for any reason whatsoever related to the licence and the rights it grants.
> >
> > 9. Termination
> > This licence is terminated as of right should the rights it grants fail to be exercised in accordance with the terms of the licence.
> >
> > However, if the failure is remedied within 30 days after its discovery by the person in default and it is the first failure, the licence will be granted once again.
> >
> > For any subsequent failure, the licensor?s express consent is required for the licence to be granted once again.
> >
> > 10. Licence version
> > The Centre de services partag?s du Qu?bec, its successors or any person it designates may release revised or modified versions of this licence. Each version will be given a unique number. If software is already subject to the terms of a specific version, the parties to the licence will be bound solely by that version.
> >
> > The licensor may also expressly choose to grant the licence in its current version or any subsequent version, in which case the licensee may choose the license version to be granted.
> >
> > 11. Miscellaneous
> > To the extent that the licensor is a government department, public body or legal person established in the public interest and created under a law of the National Assembly of Qu?bec, the licence is governed by the laws applicable in Qu?bec and, in the event of a dispute, the courts of Qu?bec have sole jurisdiction.
> >
> > This licence may be distributed without any special conditions. However, a modified version must be distributed under a different name. Any reference to the Centre de services partag?s du Qu?bec or its successors, where applicable, must be withdrawn, except as needed to describe the origin of the licence.
>
> > Qu?bec Free and Open-Source Licence ? Strong Reciprocity (LiLiQ-R+)
> >
> > Version 1.1
> >
> > 1. Preamble
> > This licence applies to any distributed software stipulated by its copyright owner to be subject to the terms of the Qu?bec Free and Open-Source Licence ? Strong Reciprocity (LiLiQ-R+) (hereinafter referred to as the ?licence?).
> >
> > 2. Definitions
> > Unless the context indicates otherwise, the following terms are used in this licence:
> > ?contribution?: any original software or part of original software submitted and intended to be integrated into the software;
> > ?contributor?: the copyright owner or any person authorized by the copyright owner to submit a contribution to the licensor. A contributor whose contribution is integrated into the software is considered a licensor with respect to that contribution;
> > ?derived software?: any original software developed by a licensee, other than the software or modified software, that produces or reproduces all or a substantial part of the software;
> > ?distribution?: the act of delivering a copy of the software;
> > ?licensee?: any person possessing a copy of the software who exercises the rights granted by the licence;
> > ?licensor?: the software copyright owner or any person duly authorized by the copyright owner to grant this licence;
> > ?modified software?: any modification made by a licensee to one of the software?s source code files, or any new source code file that integrates the software or a substantial part of it;
> > ?software?: a copyright-protected work such as a computer program and its documentation, stipulated by the copyright owner to be subject to the terms of this licence.
> >
> > 3. Copyright licence
> > Subject to the terms of this licence, the licensor grants the licensee a non-exclusive, royalty-free licence allowing the licensee to exercise the following rights regarding the software:
> > (1) Produce or reproduce the software or a substantial part thereof;
> > (2) Perform the software or any substantial part of it in public;
> > (3) Publish the software or any substantial part of it.
> >
> > This licence is granted on a world-wide, perpetual basis.
> >
> > Full exercise of these rights is subject to distribution by the licensor of the software source code in a form allowing it to be modified. The licensor may also distribute the software, along with an offer to distribute the software source code, without additional charges other than reasonable charges for delivery of the source code. That offer must be valid for a reasonable period of time.
> >
> > 4. Distribution
> > The licensee may distribute copies of the software, modified software or derived software, subject to the following conditions:
> > (1) The software must be accompanied by a copy of this licence.
> > (2) If the software has been modified, the licensee must mention this, preferably in every modified file that allows for such a mention.
> > (3) Software copyright, trademark, warranty or attribution labels or notices must not be modified or removed, unless the labels or notices do not apply to specific modified or derived software.
> >
> > 4.1. Reciprocity
> > Every time the licensee distributes the software, the licensor grants the recipient an interest in the software in accordance with the terms of this licence. The licensee must grant an interest in accordance with the terms of this licence for any modified or derived software distributed.
> >
> > Every time the licensee distributes the software, or modified or derived software, the licensee is obliged to distribute its source code in the manner prescribed in the third paragraph of section?3.
> >
> > 4.2. Compatibility
> > To the extent that the licensee wishes to distribute modified or derived software combined with software subject to a compatible licence whose terms cannot possibly be fulfilled, the licensor offers, in addition to this interest, an interest in compliance with the terms of the compatible licence.
> >
> > A licensee who is the exclusive copyright owner of the software subject to a compatible licence is not eligible for this offer. The same applies to any other person duly authorized to sub-license by the exclusive copyright owner of the software subject to a compatible licence.
> >
> > A compatible licence is considered to be any free or open-source licence approved or certified by the Free Software Foundation or the Open Source Initiative, whose level of reciprocity is comparable to that of this licence, without being less so, in particular:
> > (1) Common Public License Version 1.0 (CPL-1.0)
> > (2) Contrat de licence de logiciel libre CeCILL, version 2.1 (CECILL-2.1)
> > (3) Eclipse Public License - v 1.0 (EPL-1.0)
> > (4) European Union Public License, version 1.1 (EUPL v. 1.1)
> > (5) GNU General Public License Version 2 (GNU GPLv2)
> > (6) GNU General Public License Version 3 (GNU GPLv3)
> >
> > 5. Contributions
> > Subject to a separate agreement, every contribution submitted by a contributor to the licensor for inclusion in the software is subject to the terms of this licence.
> >
> > 6. Trademarks
> > This licence does not grant any special permission to use the licensor?s trademarks, except as needed to describe the origin of the software.
> >
> > 7. Warranties
> > Unless otherwise specified, the licensor distributes the software without any warranty, at the risk of the acquirer of a copy of the software, and without any warranty that the software is suited to any specific need or will yield any specific results.
> >
> > Without binding the licensor in any way, nothing prevents a licensee from offering or excluding warranties or support.
> >
> > 8. Liability
> > The licensee is liable for any prejudice resulting from the exercise of the rights granted under the licence.
> >
> > The licensor cannot be held liable for any prejudice sustained by the licensee or third parties for any reason whatsoever related to the licence and the rights it grants.
> >
> > 9. Termination
> > This licence is terminated as of right should the rights it grants fail to be exercised in accordance with the terms of the licence.
> >
> > However, if the failure is remedied within 30 days after its discovery by the person in default and it is the first failure, the licence will be granted once again.
> >
> > For any subsequent failure, the licensor?s express consent is required for the licence to be granted once again.
> >
> > 10. Licence version
> > The Centre de services partag?s du Qu?bec, its successors or any person it designates may release revised or modified versions of this licence. Each version will be given a unique number. If software is already subject to the terms of a specific version, the parties to the licence will be bound solely by that version.
> >
> > The licensor may also choose to grant the licence in its current version or any subsequent version, in which case the licensee may choose the license version to be granted.
> >
> > 11. Miscellaneous
> > To the extent that the licensor is a government department, public body or legal person established in the public interest and created under a law of the National Assembly of Qu?bec, the licence is governed by the laws applicable in Qu?bec and, in the event of a dispute, the courts of Qu?bec have sole jurisdiction.
> >
> > This licence may be distributed without any special conditions. However, a modified version must be distributed under a different name. Any reference to the Centre de services partag?s du Qu?bec or its successors, where applicable, must be withdrawn, except as needed to describe the origin of the licence.
>
> > _______________________________________________
> > License-review mailing list
> > License-review at opensource.org
> > https://lists.opensource.org/cgi-bin/mailman/listinfo/license-review
>

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