Software Público Livre - ingles - Anexo do DecretoATTACHEMENT REFERED TO IN DECREE N° 5111/2005
GENERAL PUBLIC LICENSE
FOR COMPUTER PROGRAMS
OF THE PUBLIC ADMINISTRATION
May 30th, 2005
NOTE: These principles are not a part of the licensing agrement for the GPL-PA (General Public License for Computer Programs for the Public Administration) They have a merely informative nature and have the objective of guiding the interpretation of this LICENSE.
1.Establishes licensing norms for use, publication, distribution, reproduction and alterations for computer programs that are property of the Public Administration, in view of principles of legality and of the quality of being public present in article 37, head paragraph, of the Federal Constitution of 1988 and article 27, head paragraph, of the Constitution of the State of Paraná.
2.Guarantees that any interested person may use, publish, distribute, reproduce or alter the PROGRAM hereby licensed, so that it fosters technical training, in the terms of articles 6, 205, 206, ll of the Federal Constitution of 1988, of article 203 of the Constitution of the State of Paraná and of articles 2 and 4 of Law 7.23284 (National Policy for Information Technology)
3.Requires that the PROGRAM be distributed accompanied by its source-code, which will constitute an integral part that cannot be dissociated, requires that all those rights be transferred or relicensed free of charge.
4.Admits that there may be charges for services rendered, such as the recording of a CD or similar media, delivery service, preparing alterations or customizations of the program, technical support and other;
5.States that the PROGRAM does not have any warranty, given that it is not an object of commerce. The warranty will apply only for billed services, such as the ones listed in item 4, above, pursuant to applicable Law;
6.It does not authorize the PROGRAM or its parts to be distributed upon payment and/or in systems that are merely compiled (proprietary systems);
7.Has as its objective to make available to society the knowledge involved in the production of the PROGRAM hereby licensed, as well as to offer the possibility of full auditing of the way it works. The goal is to comply with what was stipulated in article 218 of the Federal Constitution of 1988, in articles 200 and 201 of the Constitution of the State of Paraná and in Law 7.232/84
8.It does not imply the transfer of property of the PROGRAM, and does not constitute renouncing, abdication or concession of author rights.
GENERAL PUBLIC LICENSE
FOR COMPUTER PROGRAMS
OF THE PUBLIC ADMINISTRATION
May 30th, 2005
The parties to this license contract are:
1.1.The holders of author rights for the PROGRAM specified at the end of this LICENCE – from now on called only LICENSOR - , and
1.2.Any entity, institutional or individual- from now on called only LICENSEE – that USES, PUBLISHES, DISTRIBUTES, REPRODUCES OR ALTERS THE PROGRAM specified below.
The parties have agreed to sign the present LICENSING CONTRACT OF USE, PUBLICATION, DISTRIBUTION, REPRODUCTION, AND ALTERATION OF OPEN CODE COMPUTER PROGRAM, referred to in this LICENSE as PROGRAM.
2.TERMS USED IN THIS LICENSE
2.1.The term “computer program” is defined in article of Law number 9.609/98 as “the expression of an organized group of instructions in codified or natural language, contained in physical support of any nature, of necessary use in automatic machines of information treatment, devices, instruments or peripheral equipment, based on digital or analogue technology, in order to make them function in a particular way for a particular purpose".
2.2.The PROGRAM licensing includes the following distribution forms:
2.2.1.Compiled: term which represents any distribution prepared to be understood by the machines on which the execution of the PROGRAM is meant to occur;
2.2.2.The source-code: term which represents the appropriate way to make alterations in the PROGRAM. The source-code distributed must include all the source-codes from all the modules contained in and necessary to the normal functioning of the PROGRAM, in addition to the routines used for controlling its compilation and installation. It is not necessary to include in the source-code anything that is already normally distributed, whether in the form of source-code or compiled, such as the components of the operational system in which the PROGRAM will be executed.
2.3.It is the principle of this LICENSE to make public the necessary knowledge for the preparation and comprehension of the working mechanisms of the PROGRAM, so that all DISTRIBUTION is accompanied by the most appropriate form for its study and alteration.
2.4.The term LICENSE or GPL-PA will be used hereafter to designate this licensing term. The concepts here expressed are those of the applicable legislation, notably of Law 9.61098.
3.OBJECT: LICENSING FOR USE, PUBLICATION, DISTRIBUTION, REPRODUCTION AND ALTERATION OF COMPUTER PROGRAM.
3.1.The object of this contract is the free-of-charge licensing, by the LICENSOR to the LICENSEEE, of the rights for USE, DISTRIBUTION, REPRODUCTION AND ALTERATION, understood according to article 5 of Law 9.61098, of the PROGRAM that is property of the LICENSOR.
3.2.The free-of-charge nature of the license here presented does not preclude charges for other services or costs, such as for example DEVELOPING, APROPRIATING, IMPLANTING or costs associated with the DISTRIBUTION OF THE PROGRAM.
3.3.THE LICENSOR may not, after the PUBLICATION or DISTRIBUTION of the PROGRAM, object with regard to any of the rights which are the object of this term, when exercised according to what is hereby agreed.
3.4.THE PROGRAM that is the object of this LICENSE has not been placed in the public domain and its property continues to belong to the LICENSOR, independently of registration, according to article 2, § 3 of Law 9.609/98.
4.LIMITATION OF WARRANTIES
4.1.The rights for the PROGRAM are licensed free of charge, and are not , under any circumstances, the object of commerce. This LICENSE is a charitable, free-of charge contract, with the warranty foreseen by article 8 of Law 9.609/98 not applying to the PROGRAM, the same being true for ANY OF THE WARRANTIES foreseen by Law 8.078/90. The LICENSOR will not be compelled to provide support, assistance or explanations to the LICENSEE.
4.2.As an exception, the holders of author’s rights for derived computer programs may guarantee the part that is due to them, without any commitment from the authors of originating versions.
4.3.Except in the case of illegal act, fraud or violation by the LICENSOR, all damages arising from the USE, PUBLICATION, DISTRIBUTION, REPRODUCTION OR ALTERATION of the PROGRAM are the sole responsibility of the LICENSEE, or of the respective authors of each ALTERATION.
4.4.Pursuant to article 114 of the Civil Code and article 4 of Law 9.610/98, this LICENSE will be interpreted restrictively.
5.GENERAL LICENSING CONDITIONS
5.1.The USE, PUBLICATION, DISTRIBUTION, REPRODUCTION or ALTERATION of the PROGRAM in disagreement with the conditions established on the LICENSE are hereby forbidden.
6.GENERAL RIGHTS OF THE LICENSEE
6.1.The LICENSEE has the right to USE, PUBLISH, DISTRIBUTE, REPRODUCE or ALTER the PROGRAM according to what was stipulated in this LICENSE.
7.GENERAL OBLIGATIONS OF THE LICENSEE
7.1.When accepting this LICENSE, the LICENSEE obliges himself to all of its terms and conditions. In the event that the LICENSEE does not agree completely with what is set forth herein, he will not be allowed to USE, PUBLISH, DISTRIBUTE, REPRODUCE or ALTER the PROGRAM.
7.2.The LICENSEE can never alter the PROGRAM or part of it, nor any computer program derived from the PROGRAM or part of it, in:
7.2.1.a PROGRAM licensed through payment or compensation of any kind;
7.2.2.a PROGRAM distributed without accompaniment or the offer of accompaniment of the respective source-code.
7.3.The LICENSEE cannot withdraw the credits of the LICENSOR for the part of the Program that is due to him. According to item 8.3, below, such withdrawal can occur only when required by the LICENSOR, and as the exclusive way to exercise the moral right of objection to unauthorized alterations which damage his honor and reputation, according to what was foreseen in Article 2, paragraph 1 of Law 9.609/98.
7.4.Independently of registering the PROGRAM before the appropriate bodies by the LICENSOR, the LICENSEE also commits himself not to register the PROGRAM, or any aspect of it, and not to seek any equivalent way of protection or appropriation with the objective of restricting the full transference to third parties of all the rights that are object of this LICENSE. Thus, as an example, the LICENSEE is forbidden from seeking patents for the PROGRAM or registering the name or any other distinctive sign of it before the INPI.
8.GENERAL RIGHTS OF THE LICENSOR
8.1.The LICENSOR retains author rights to claim the paternity of the PROGRAM, according to what is set forth in Law 9.609/98, in article 2, paragraph 1 .
8.2.It is also the right of the LICENSOR to have all the conventional signs indicating his authorship, placed by him or at his request, kept the same way as originally placed. This right is extended also to derived computer programs.
8.3.However, the LICENSOR may, at any time, request the removal of all the conventional signs indicating his authorship, placed by him or at his request, of a computer program derived from the PROGRAM when he judges that the alterations performed may damage his honor or reputation.
9.GENERAL OBLIGATIONS OF THE LICENSOR
9.1.The LICENSOR must always DISTRIBUTE the PROGRAM in two formats, namely, compiled and source-code, having observed the dispositions of item 12.1, below.
9.2.The LICENSOR may never revoke any right given hereby; he also may not alter the rights of any previous versions of the PROGRAM already licensed.
9.3.It is the obligation of the LICENSOR, to ensure that the PROGRAM may be distributed according to this LICENSE, to waive the right to object to alterations to the PROGRAM. He may, in the event that he disagrees with the alterations performed in computer programs derived from the PROGRAM, request the elimination of his distinctive signs placed on the derived program, according to item 8.3, above.
10.USE OF THE PROGRAM
10.1.The USE of the PROGRAM is allowed for all interested persons, provided the terms of this LICENSE are respected.
10.1.1.By USE it is to be understood: the employment of the PROGRAM under normal conditions, in accordance to what is described in its technical documentation.
10.1.2.The USE can also relate to the source-code form of the PROGRAM, which purpose is to make public the structure of the compiled form of the program, as well as to allow the development of new derived computer programs or programs that use part of the PROGRAM.
10.2.There are no restrictions to USE of the PROGRAM for commercial activities of the LICENSEE, as long as the terms of this LICENSE are respected, notably the obligations of item 7, above.
10.3.In the event that parts of the PROGRAM are used in other computer programs, these must necessarily be licensed by this LICENSE. As an exception to this rule, the computer program that uses parts of the PROGRAM may be licensed in a different way provided its normal functioning is independent of the copied part and the latter is accompanied by its source-code form.
10.4.Regarding works derived from the PROGRAM, it is understood, for all purposes, that the LICENSOR is the author of the derivations.
11.PUBLICATION OF THE PROGRAM
11.1.The LICENSEE may freely PUBLISH the PROGRAM, in any medium and for any purpose.
11.2.Any PUBLICATION OF the PROGRAM shall be accompanied by a complete copy of this LICENSE, which is an integral part of the PROGRAM, in accordance with article 9 of Law 9.609/98.
11.3.When it is in source-code format, the PROGRAM must contain, at the beginning of all text files integrating it, reference to this LICENSE, which must be done in the following manner:
BEGIN COMMENT MARKER
This program is licensed in accordance with the GPL-PA (GENERAL PUBLIC LICENSE FOR COMPUTER PROGRAMS OF THE PUBLIC ADMINISTRATION), version 1.1 or any later version.
The GPL-PA shall accompany all PUBLICATION, DISTRIBUTION and REPRODUCTION of this PROGRAM.
In the event that a copy of the GPL-PA is not available together with this Program, you may contact the LICENSOR or directly access:
In order to USE, PUBLISH, DISTRIBUTE, REPRODUCE or ALTER the PROGRAM it is necessary to agree with the terms of the GPL-PA .
END COMMENT MARKER
11.4.In the event that the PROGRAM is a collective work, according to what was specified in item13, article 88 of the Law 9610/98 will not apply to the PUBLICATION.
12.DISTRIBUTION OF THE PROGRAM
12.1.The rights of DISTRIBUTION of the PROGRAM apply to the compiled and source-code forms. The LICENSEE may distribute the program concomitantly in the two forms mentioned (compiled and source-code) or even with a valid offer of distribution of both forms, following the terms below.
12.2.The partial DISTRIBUTION of the PROGRAM, which includes only the source-code or only the compiled form, is forbidden. Thus, the DISTRIBUTION must obey one of the following options:
12.2.1.Include the complete compiled form and the source-code form, which shall be distributed in a medium or media habitually used to exchange software; or,
12.2.2.Include the compiled form and a written offer, with at least a three-year validity, to provide any interested person, for a cost which can not be superior to that of the distribution, a complete copy of the corresponding source-code form, in a medium or media usually used for exchanging software; or,
12.2.3.Include the compiled form and the information received by the LICENSEE regarding the offer to distribute the corresponding source-code. (This alternative is allowed only for non-commercial distribution and only if the program has been received in its compiled form accompanied by this offer, according with item 12.2.2, above).
12.3.Any DISTRIBUTION of the PROGRAM shall be accompanied by a copy of this LICENSE.
12.4.There is no restrictioin to the DISTRIBUTION of the PROGRAM for commercial purposes, if it is clear that there will be no charges for the PROGRAM, but only for the means and services of distribution.
13.REPRODUCTION OF THE PROGRAM
13.1.There are no restrictions regarding the number of copies of the PROGRAM that the LICENSEE can make. Its REPRODUCTION is free in any medium, but it should respect the restrictions on item 11, according to the destination of each REPRODUCTION.
13.2.Any REPRODUCTION of the PROGRAM must be accompanied by a copy of this LICENSE, according to item 12.3, above.
14.ALTERATION OF THE PROGRAM
14.1.The LICENSEE is allowed to make alterations to the PROGRAM. Any ALTERATION, however, must be identified and acknowledged in the source-code, for purposes of identification of authorship.
14.2.It is forbidden to make alterations in the credits and distinctive signs placed by the LICENSOR and by any author of originating versions, except when allowed explicitly by the LICENSOR.
14.3.The COMPUTER PROGRAMS resulting from the alteration of the PROGRAM will also be subjected to this LICENSE, whether it is a new program or only a new version of the PROGRAM.
14.4.The authors of the PROGRAM will be able to use other forms of licensing for their contribution part, if it may be used separately, according to article 15, paragraph 2 of Law 9.610/98.
14.5.A PROGRAM that is subject to the GPL–PA will always have a reference to this LICENSE and to its address on the Internet (URL) in a place that is easily accessed by users of the PROGRAM.
14.6.In the cases in which the PROGRAM has the participation of different people for its preparation, the aforementioned will be considered a collective work in the terms of article 5,Vlll, h of Law 9610/98.the ownership rights are retained under the responsibility of the organizer- in the present case, the LICENSOR.
14.7.The inclusion of contributions of third parties in the collective work hereby licensed, when described in this manner, is assumed to be free of charge. Authors other than the organizer of the collective work abdicate their ownership rights over it, as well as the right foreseen in article 88, ll of Law 9.610/98,referring to the publication of the names of all the participants of the work.
15.ATTACHEMENTS TO THIS LICENSE
15.1.This LICENSE does not allow any alteration in its content, not even for validating its integrity. However, as an alternative for small adaptations or additions, it accepts attachments in separate files, provided they have been approved by the LICENSOR.
15.2.Such attachments cannot, under any circumstance, conflict with the content of this license, and any such contrary dispositions shall be null and void.
15.3.When the LICENSE is accompanied by attachments, these will be considered a part of the LICENSE and must accompany all subsequent licensing.
16.1.The present instrument will be valid for the period of 50 (fifty) years, in the terms of article 2, paragraph 2, of Law 9.609/98.
17.CESSATION OF LICENCING
17.1.The lack of observance of any of the clauses of this license will result in the immediate cessation of all rights of the LICENSEE over the PROGRAM, without the need for denouncing this text.
NEW VERSIONS OF THIS LICENSE
17.2.The current version of this LICENSE, along with the previous ones, shall be available at [http://www.celepar.pr.gov.br/licenca/LPG-AP.pdf].
17.3.The redistribution of this PROGRAM may be carried out using the version of this LICENSE that accompanies it, or the most recent available version at the address cited above.
17.4.The new versions of the LICENSE cannot, however, under any circumstance, withdraw rights already guaranteed for any of the parties in the version in force when accepted.
18.1.The parties choose the forum of the judiciary district or headquarters of the holder of author rights of the PROGRAM as venue, renouncing any other, regardless of how privileged it may be, in order to resolve questions arising form the present instrument which cannot be resolved extrajudicially or administratively.
Legal Responsible person: