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key
biosl-4.0
short_name
BIOSL v4
name
Bosch Internal Open Source License Version 4
category
Proprietary Free
owner
Robert Bosch GmbH
spdx_license_key
LicenseRef-scancode-biosl-4.0
text_urls
ignorable_copyrights
  • (c) Robert Bosch GmbH, 2016
ignorable_authors
  • Most Bosch
ignorable_holders
  • Robert Bosch GmbH
ignorable_urls
license_text
BIOSL v4 -- Bosch Internal Open Source License Version 4 
(C) Robert Bosch GmbH,
2016 Release Date: 2016-03-22

Note from the authors: Most Bosch employees are not in fact lawyers, so we also
make the license available in a format that that can be understood by every
Bosch associate -- the BIOSL v4 Deed, accessible under https://sourcecode.socialcoding.bosch.com/projects/SC/repos/soco_policies/browse/BIOS_License_V4_Deed.md

DISCLAIMER

Each contribution to or start of a project on the Bosch Social Coding Platform
which is accessible to all Bosch affiliates shall be licensed under this
"BIOS-License".  The Parties hereby agree as follows: 

1. Definitions

1.1.  "Affiliates" means, with respect to any Party, any other legal entity
      that, directly, or indirectly, controls, or is controlled by or is under 
      common control with, such Party. For purposes of this definition, 
      "control" shall mean the possession, directly, or indirectly, of more 
      than fifty percent (50%) of the shares.

1.2.  "Contribution" means any or all modifications, corrections, translations,
      adaptations and/or new functions resulting in a modified version.

1.3.  "Distribution" means, for the purpose of this License Agreement, off-line
      and on-line distribution.

1.4.  "BIOS" Bosch Internal Open Source projects

1.5.  "BIOSL" means this legal document.

1.6.  "Licensee" means any Party exercising permissions granted under this
      License Agreement.

1.7.  "Licensor" means any Author granting a License under this License
      Agreement.

1.8.  "BIOS Artefact" means the software licensed under this License Agreement
      in its object code and/or Source Code form and its documentation.

1.9.  "Repository" means the software repository in which the Program and
       modified versions are stored and administered and which is accessible at
       https://sourcecode.socialcoding.bosch.com.

1.10. "Software-as-a-Service" means a software distribution model in which the
      Program is hosted by a service provider and made available to customers 
      over a network with or without transferring a copy of the Program.

1.11. "Source Code" means the preferred form of the Program for making
       modifications to it.  
       
2. Grant of Rights

2.1.  Grant of a Copyright License 

      Each Licensor hereby grants to each Licensee a worldwide, perpetual,
      royalty-free, irrevocable non-exclusive license to use the Program in all
      known and unknown forms of use

2.2.  Grant of a Invention or Patent License 

      Each Licensor hereby grants to each Licensee and its Affiliates a 
      worldwide, perpetual, royalty-free, irrevocable non-exclusive license to
      make, have made, use, offer to sell, sell, import, and otherwise transfer
      the Program, where such license applies only to those patent claims 
      licensable by such Licensor that are necessarily infringed by their 
      Contribution(s) alone or by Modified Versions of the Program distributed
      or used by such Licensor.

      Legal obligations arising from employee inventions or inventions with 
      inventive mission remain unaffected.

2.3.  No Transfer of Licenses 

      Licenses granted under this License Agreement may not be transferred or
      assigned to third parties.

2.4.  Licenses to Third Parties 

      Each Licensee may grant to any third party the sublicense to reproduce and
      distribute the Program and/or to offer the Program by way of 
      "Software-as-a-Service".

2.5.  Licenses to Affiliates 

      Each Licensor may grant to its Affiliates the sublicense to use the
      Program in all known and unknown forms of use.  

3.  Limitations

These grants of rights are subject to the following conditions:

3.1.  Any derivative software has to be licensed under the BIOSL.

3.2.  The incorporated copyright notice for each file stating the name of the
      author and/or the legal entity or third party the author is employed at,
      the LICENSE file, and this permission notice shall be included in all
      copies or substantial portions of the Software.

3.3.  If any third party software is included in any derivative work the origin,
      name, version and license of this third party component has to be added
      to the documentation (this applies for Open Source as well as for 
      proprietary Open Source Software) 
      
4. Distribution

4.1.  If a Party or its Affiliate distributes the Program or Modified Versions
      or offers the Program or Modified Versions by way of Software-as-a-Service
      this Party has to meet the following conditions:

      (1) The parts of the Software provided under the BIOSL for internal usage
          are in general closed (non open) source and no source code or any 
          associated documentation from the Software may be distributed 
          outside Robert Bosch GmbH and its affiliates unless

          a) it is required for certain integrated open source components; or
          b) it is stringently required by a third party and protected by a NDA 
             which follows the RB NDA standard.

      (2) The business unit or legal entity building a product for external 
          usage based on the Software or distributing the source code within
          Robert Bosch GmbH

          a) is responsible for the product warranty and liability.
          b) has to ensure fulfilment of all obligations related to all third
             party components (including open source licenses) integrated into 
             the Software as well as proprietary licenses if any.
          c) has to ensure compliance to the Central Directive "Handling OSS".
      
          d) has to exclude the development costs for all integrated BIOS
             Artefacts from product cost calculation.

      (3) Each usage of a BIOS Artefact within product development and/or for
          distribution this has to be reported to the Social Coding Core Team.

      (4) The Third party shall not be entitled to use the product based on the
          BIOS Artefact outside its operation or for purposes other than its own
          operational purposes.  
          
5. Compensation

The grant of rights according to Section 2 is free of charge.  

6. Warranty and Liability

6.1.  All warranties with regard to the grant of rights according to Section 2
      are specifically excluded; in particular licensor do not warrant the 
      usability, usefulness or practicability of their Contributions and 
      non-infringement of third party rights.

6.2.  The Parties of this License Agreement shall be liable to the respective
      other Party only in case of intent or gross negligence of the liable Party
      or its Affiliates.  
      
7. Effective Date

This License Agreement shall be effective for all software, which is is created
in relation to a BIOS project and/or stored in a BIOS project repository by any
Party whereas this License Agreement is applicable from the date of the
creation or respective storage.  

8. Termination

8.1.  Any violation of obligations of a Party under this License automatically
      terminates the rights of the incompliant Party and its Affiliates under 
      this License Agreement. How-ever, if the incompliant Party becomes
      compliant, then the rights granted under this License Agreement are 
      reinstated.

8.2.  Any rights of third parties having obtained the Program or rights to the
      Program from the incompliant Party shall remain unaffected.

8.3.  If the License Agreement terminates for a single or several individual
      Parties, the License Agreement shall continue in full force and effect for
      the remaining Parties.

8.4.  With respect to any Party, for which the License Agreement is terminated,
      the grant of rights according to Section 2 and the obligations set forth
      in Section 3 shall continue in full force and effect for the grant of
      rights of this Party owned prior to the date of the termination.  
      
9. Applicable Law

9.1  Any claim arising under or relating to this License Agreement shall be
     governed by the laws of Germany, without regard to principles of conflict
     of laws to the contrary.

9.2  All disputes arising out of or in connection with this License Agreement
     shall be subject to the exclusive jurisdiction of the courts of Stuttgart
     Federal Republic of Germany.  
     
10. Miscellaneous

10.1. If any paragraph, provision, or clause in this License Agreement shall be
      found or be held to be invalid or unenforceable in any jurisdiction in
      which this License Agreement is being performed, the remainder of this
      License Agreement shall be valid and enforceable and the parties shall use
      good faith to negotiate a substitute, valid and enforceable provision 
      which most nearly effects the parties intent in entering into this License 
      Agreement.