Lizenz

**Die Qabel-Software steht unter der QaPL-Lizenz, einer eigens für sie entwickelten proprietären Lizenz, wonach der Softwarequellcode veröffentlicht werden muss. Die QaPL ist weder von der Free Software Foundation (FSF) noch von der Open Source Initiative (OSI) als „freie Softwarelizenz“ (free Software License) bzw. Open Source Lizenz akkreditiert. Die QaPL würde aufgrund ihrer Klauseln zum Verbot kommerzieller und militärischer Nutzung von den genannten Organisationen auch nicht als „Open Source“ oder „Free Software“-Lizenz anerkannt werden. Um die Entwicklung der Qabel-Software langfristig am Leben zu erhalten und dabei gleichzeitig eine möglichst freie Nutzung der Software zu ermöglichen, konnten und wollten wir nicht auf etablierte Open Source Lizenzen (z.B. GPL, MPL, BSD) zurückgreifen.**

 


 

Qabel Public License Version 0.2 (QaPL v0.2) (c) Qabel GmbH, Hannover

 

You may copy and distribute verbatim copies of this license agreement. You may also use content from it for your own license agreement. Unless not expressly stated, you may not use the name Qabel Public License ("QaPL") in connection with any license agreement that is not a verbatim copy of This License.

 

PREAMBLE

Today Software is the undisputed centerpiece of the information society and access to software and information society services became a public commodity. Yet traditional software is made available in object code only, where the software user is not entitled to study or even modify the source code. We believe that this is a salient shortcoming in particular when it comes to software which is designed to help the user protect his privacy in a virtual world. A proprietary software developer who refuses to unveil the source code of its security software, requires users to place a great deal of faith into the computer program and its ability to protect personal data. Not only because trust in conventional software security was all too often disappointed, we have decided to replace "trust" with "transparency" and everybody is welcome to study, modify and improve the source code of this software. Furthermore, and although we believe in the idea of free software, we have decided to make two important exceptions, to wit, QaPL-licensed software should neither be used commercially without our consent, nor for military, intelligence or related purposes. By that we hope to make it a powerful, self sustaining and constantly evolving tool that helps to reinforce data security and the protection of personal data. However, it shall be up to the user to decide whether he finds this software fit for the purpose.

 

[0] Definitions

[a] "Application" means any software that may be, directly or indirectly, linked to the Library by using its interface.  
[b] "Commercial use" means utilizing the Library or other software licensed under the QaPL or parts thereof to, directly or indirectly, establish a source of income, including but not limited to, embedding the Library or other software licensed under the QaPL or parts thereof into Proprietary Software, executable software, or consulting services utilizing the Library or other software licensed under the QaPL or parts thereof. It is not considered Commercial Use if the Licensee, including a commercial enterprise, uses the Library or other software licensed under the QaPL or parts thereof for academic, study and/or research purposes, or if a software project is solely based on donations.  
[c] "Original Copyright Holder" means Qabel GmbH.  
[d] "Contributor" means any person or entity that creates or contributes to the creation of modifications to the Library or other software licensed under the QaPL.  
[e] "Library" means a collection of software functions, subroutines and/or data prepared so as to be conveniently linked with Applications (which use some of those functions and data) to form executables including associated documentation.  
[f] "Licensee" means any individual or legal entity exercising rights under the QaPL.  
[g] "Make Publicly Available" refers to the public distribution of the Library or other software licensed under the QaPL in an immaterial form, including but not limited to, making it available for download in data networks and Software as a Service (SaaS).  
[h] "Modification" means any change to the Library or other software licensed under the QaPL in a way that would, under the applicable law, require the copyright holder's permission, including but not limited to the extension, deletion, alteration, translation into other programming languages or combination with other software.  
[i] "Modification of the Library" means the Library or its derivatives containing the Library as a whole or in parts and Applications or any other software that are linked to the Library.  
[j] "Object Code" means any machine-readable form of the Library or other software licensed under the QaPL, excluding the Source Code.  
[k] "Proprietary Software" means software that is not licensed under an open source license as defined by the open source definition (Version 1.9).  
[l] "Source Code" means the preferred form of the Library or other software licensed under the QaPL for making Modifications to it.
[m] "This License" means the Qabel Public License regardless of its version.
 


[1] Scope of Application

The QaPL applies to any software library or other software that contains a notice placed by the copyright holder or another authorised party stating that the Library or other software is governed by the
terms of the QaPL. This license shall also apply to remote network interaction.

 

[2] License Grant and Conditions

[a] As far as This License is not restricted according to sec. [3], Licensee may free of charge and in any medium modify, reproduce, distribute, and Make Publicly Available the Library or other software licensed under the QaPL.
[b] Licensee may distribute, and Make Publicly Available unmodified versions, of the Library or other software licensed under the QaPL provided that the following condition is met: A conspicuous reference to the text of This License
that allows any recipient to easily access the text of This License must be provided.
[c] Licensee may distribute, and Make Publicly Available modified versions, of the Library or other software licensed under the QaPL provided that, in addition to the conditions stated in sec. [2][b], the following conditions are met: The files modified must bear notices which state that the files were changed, the date of change and the author of the Modification.  The Library or
other software licensed under the QaPL must in its entirety be licensed free of charge to all third parties under the terms of This License.
[d] If you wish to distribute or Make the Library or other software licensed under the QaPL, modified or unmodified, Publicly Available in Object Code form only, you must in addition to the forgoing make the complete Source Code publicly available or ensure that the Original Copyright Holder does so and make a conspicuous reference to the internet address from which the Source Code
may be downloaded.

 

[3] Restrictions

[a] No license is granted by the Original Copyright Holder for the Commercial Use of the Library or other software licensed under the QaPL. In particular, no license is granted for linking Applications to the Library which shall be used commercially. If you would like to use the Library or other software licensed under the QaPL for commercial purposes or link to an Application that shall be used commercially, including selling an Application that shall be linked to the Library or other software licensed under the QaPL, please inquire with the Original Copyright Holder.
[b] No license is granted by the Original Copyright Holder for military, intelligence or related purposes, including but not limited to intelligence and military research.

 

[4] Contributor's License Grant

[a] A Contributor, who distributes or makes publicly available a Modification, hereby grants the Original Copyright Holder a perpetual, irrevocable, worldwide, free of charge, royalty-free, non-exclusive, unrestricted license that may be subject to third party property claims, to use, reproduce, modify, display, perform, sublicense, distribute, Make Publicly Available, commercially exploit and exercise all ownership rights in the Contributors contribution. Contributor hereby agrees that he will not assert any moral rights in his contribution against the Original Copyright Holder.
[b] A contributor, who distributes or makes publicly available a Modification, hereby grants to the Original Copyright Holder a perpetual, worldwide, non-exclusive, free-of-charge, royalty-free patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Library or other software licensed under the QaPL. Where such license applies it shall only apply to those patent claims licensable by the Contributor that are necessarily infringed by their contributions alone or by combination of their contributions with the Library or other software licensed under the QaPL with which such contribution was combined.
[c] Contributor represents and warrants that his contribution is his own original creation and to the best of his knowledge he can legally grant the rights in his contribution set out in This License and, where applicable, is authorised by his employer and that the Original Copyright Holder exercising the rights granted under this license does, to the best of the Contributors knowledge, not infringe any third party rights. Contributor further represents that he is not aware of any claims, suits or court actions in relation to his contribution. Contributor agrees that he will immediately notify the Original Copyright Holder if he becomes aware of any third party claims and, if the Contributor after having submitted or otherwise distributed his contribution, becomes aware of a third party claim in relation to his contribution, shall promptly take all reasonable measures to mitigate damages resulting from the infringement of third party claims, including but not limited to informing those who may have received software containing the contribution.

 

[5] Conclusion of Contract

[a] This License constitutes the offer to conclude a contract to use the Library or other software licensed under the QaPL in compliance with the conditions of This License. Acceptance may be declared by exercising the right granted under sec. [2] of This License.
[b] All Licensees obtain the rights granted by This License directly from the Original Copyright Holder. Without having to accept This License the Library or other software may still be used in accordance with the applicable statutory provisions.

 

[6] Termination

The rights granted under This License will terminate
automatically if the Licensee fails to comply with its terms.

 

[7] Warranty and Liability

[a] The copyright holders are not liable for contradictory third-party rights, unless they were aware of such rights without informing the Licensee.
[b] Liability for damages arising out of the use or inability to use the Library or other software licensed under the QaPL, including but not limited to software failure, data loss, data being rendered inaccurate, a failure of the software to operate with any other program and any other defects in the Library or other software licensed under the QaPL, shall be governed by separate agreements, or, if no such agreement exists, by the applicable statutory provisions.

 

[8] License Updates

Qabel GmbH or its legal successors may, from time to time, revise and update the QaPL in order to address new developments and concerns. These revisions and updates will reflect the spirit of the current license version and will not impose on any Licensee or copyright holder additional obligations. QaPL license updates shall replace all older license versions in existing agreements. This does not apply to original copyright holders other than Qabel GmbH, who have chosen to submit their program to the QaPL, unless they have designated their program as licensed under "QaPL 0.2 or any later version".

 

[9] Miscellaneous

[a] This License shall be governed by German Law. The application of the UN Convention on the International Sale of Goods (CISG) and the principles of conflict of laws shall be excluded.
[b] If you wish to incorporate parts of the Library or other software licensed under the QaPL into other software whose license terms contradict with the provisions of this license, you may inquire with either the Original Copyright Holder or the copyright holder of the other software on possible exceptions.
[c] If, under the applicable law, any provision of This License is or becomes invalid or unenforceable, it shall not affect the validity or enforceability of the remainder of the terms of This License, and without further action by the parties to This License, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.

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Appendix:
Feel free to use the QaPL for your own software project. In that case you may replace Qabel GmbH as the Original Copyright Holder as stated in Sec. [0][c] with your own name or entity. It is recommended to affix the following copyright notice to your software

"Copyright (C) 20[yy] [Name of the original copyright holder]

This Program may be used by anyone in accordance with the terms and conditions of the Qabel Public License (QaPL).

The full license text may be accessed under https://qabel.de