SeisComP User License Agreement¶

Version 1.1

This document is a legal agreement between the Helmholtz-Centre Potsdam GFZ German Research Centre for Geosciences (hereinafter referred to as “GFZ”) and

__________________________

(Give institute name here)

hereinafter referred to as “you”.

1. Foreword¶

The SeisComP 3 Software package consists of several subpackages for which different licenses apply:

SeisComP Public License
SeisComP Binary License
GNU Public License

For the parts of the software which are covered by the SeisComP Public License or GNU Public License, the program sources are provided under the terms of the respective license. For the parts of the software covered by the SeisComP Binary License, access to the program sources is restricted and granted only to partners actively developing these programs in cooperation with the GFZ.

The subpackages and applicable licenses are listed below.

2. SeisComP Licenses¶

2.1 SeisComP Public License¶

With this License the copyright holder GFZ grants you permission to copy, modify and distribute the Program or its Derivative Works to other licensee of SeisComP3 in case no commercial gain is procured. These actions are prohibited by law if you do not accept this License. Therefore, by copying, modifying or distributing the Program or any work based on the Program, you indicate your acceptance of this License.
You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License.
You may copy, modify and distribute the Program in object code or executable form provided that you accompany it with the complete corresponding source code and publish on each copy an appropriate copyright notice, this License conditions and disclaimer of warranty. Redistributions of source code must retain the following acknowledgement: This product uses Program developed by Helmholtz Centre Potsdam GFZ German Research Centre for Geosciences. For more information see http://geofon.gfz-potsdam.de. Redistributions in object code or executable form must reproduce the above acknowledgement in the documentation and/or other materials provided with the distribution.
You must cause the modified files to carry prominent notices stating that you changed the files and the date of any change. You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this License.
You are allowed to use and/or link against libraries covered by the SeisComP Binary Licence and defined as in 4. Definition of the Program.
All advertising materials mentioning features or use of this Program or its Derivative Works must acknowledge that GFZ has developed this Program.
To the extent permitted by applicable law there is no warranty for the program. The program is provided “as is” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. The entire risk as to the quality and performance of the program is with you. Should the program prove defective, you assume the cost of all necessary servicing, repair or correction.
In no event unless required by applicable law or agreed to in writing will articular circumstance, the balance of the License is intended to apply and the License as a whole is intended to apply in other circumstances.
If any portion of this License is held invalid or unenforceable under any particular circumstance, the balance of the License is intended to apply and the License as a whole is intended to apply in other circumstances.
This License shall be governed by and construed and enforced in accordance with the laws of the Federal Republic of Germany.

2.2 SeisComP Binary License¶

With this License the copyright holder GFZ grants you permission to copy, install and use the Program only for non-commercial purposes provided that you accept this License. Therefore, by copying, installing and using of the Program, you indicate your acceptance of this License. License for commercial use is given on demand subject to a separate agreement.
GFZ reserves all rights not expressly granted to you in this License. Any attempt otherwise to copy, install and use of the Program is void, and will automatically terminate your rights under this License as well as the attempt to link against, modify, sublicense, distribute, rent, lease, lend or provide commercial hosting services, except expressly permitted by GFZ.
You may not reverse engineer, decompile, or disassemble the Program, except and only to the extent that such activity is expressly permitted by GFZ or by applicable law notwithstanding this limitation.
To the extent permitted by applicable law there is no warranty for the Program. The Program is provided “as is” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. The entire risk as to the quality and performance of the program is with you. Should the program prove defective, you assume the cost of all necessary servicing, repair or correction.
In no event unless required by applicable law or agreed to in writing will any copyright holder, or any other party who may modify and/or redistribute the program as permitted above, be liable to you for damages, including any general, special, incidental or consequential damages arising out of the use or inability to use the program (including but not limited to loss of data or data being rendered inaccurate or losses sustained by you or third parties or a failure of the program to operate with any other programs), even if such holder or other party has been advised of the possibility of such damages.
If any portion of this License is held invalid or unenforceable under any particular circumstance, the balance of the License is intended to apply and the License as a whole is intended to apply in other circumstances.
This License shall be governed by and construed and enforced in accordance with the laws of the Federal Republic of Germany.

3. Amendment agreement for commercial usage¶

3.1 Definition¶

Permission for commercial usage is granted neither by the SeisComP Public License nor the SeisComP Binary License. Examples of commercial purposes would be running business operations, licensing, leasing, or selling the software, distributing the software in a product to customers for evaluation purposes, distributing the software for use with commercial products, using the software in the creation or use of commercial products or any other activity which purpose is to procure a commercial gain to you or others. For avoidance of doubt Commercial Purposes would be also all services offered for a valuable consideration such as for example training, installation, maintenance and development or modification. All such commercial activities need the prior written authorization by GFZ. Users requiring commercial support have to ensure that the assigned service provider is holding a valid commercial license.

3.2 License fee¶

The right for commercial use of the Program (incl. the parts covered by the SeiscomP Public License and the SeiscomP Binary License) is subject to a license fee. The amount of the license fee will be negotiated as the case arises.

3.3 Third-party installations¶

It is only allowed to install the Program at a third party in case a separate license agreement between Helmholtz Centre Potsdam GFZ German Research Centre for Geosciences and the third party exists and the service provider is holding a valid commercial license.

4. Definition of the Program¶

“Program” shall mean the following libraries and programs of SeisComP3 mentioned separately for the SeisComP Public License and SeisComP Binary License. In addition the acquisition libraries and binaries which are distributed under the GNU Public License (GPL) are also listed.

4.1. SeisComP Public License package¶

Core Programs (source code)¶

scmaster, scadmin, scdb, scxmldump, scdispatch, sccnv, sczip, sync_dlsv, scamp, scautoloc, scautopick, scevent, scimex, scimport, scmag, scquery, sctestclient`

Core Libraries (source code)¶

libseiscomp3_client, libseiscomp3_communication, libseiscomp3_config, libseiscomp3_core, libseiscomp3_datamodel, libseiscomp3_io, libseiscomp3_logging, libseiscomp3_math, libseiscomp3_processing, libseiscomp3_utils, libseiscomp3_seismology.so, memailplugin.so, mncursesplugin.so, mtextplugin.so`

QC Programs (source code)¶

scqc, scwfqquery

QC Libraries (source code)¶

libseiscomp3_qc, libseiscomp3_qcplugin

ArcLink Programs (source code)¶

arclink, isomount

4.2 SeisComP Binary License package¶

GUI Programs (binaries only)¶

scesv, scheli, scmapcut, scmm, scmv, scolv, scqcv, scrttv

GUI Libraries (binaries only)¶

libseiscomp3_qtcore.so, libseiscomp3_mm_preliminaryorigin.so, libseiscomp3_mplugin.so, libseiscomp3_qtdatamodel.so, libseiscomp3_qtmap.so

4.3 GNU Public License package (acquisition)¶

SeedLink Binaries¶

load_timetable, seedlink, slarchive, slinktool, sync_dlsv, timeout, trylock, waitlock

SeedLink Libraries¶

libslink, libslplugin, libslutils

SeedLink Plugins¶

chain_plugin, ewexport_plugin, fs_plugin, mseedfifo_plugin, mseedscan_plugin, naqs_plugin, nrts_plugin, q330_plugin, reftek_plugin, run_with_lock, wave24_plugin, win_plugin, serial_plugin, sock_plugin, scream_plugin

4.4 Derivative Works¶

“Derivative Works” shall mean any work, whether in source or object form, that is based on (or derived from) the Program 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 Program and Derivative Works thereof.

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