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Inner Source terms of use v1.0

The accompanying Component is provided under the current terms of use. Any installation and use of the Component constitute recipient's acceptance of these terms.

THESE TERMS MAY BE COPIED OR DISTRIBUTED BUT IN ORDER TO AVOID INCONSISTENCY. THESE TERMS MAY ONLY BE MODIFIED BY ORANGE SA LEGAL DEPARTMENT – INTELLECTUAL PROPERTY.

  1. DEFINITIONS

    1.1. Affiliate: any entity in which Orange SA, acting alone or in concert, holds (i) directly or indirectly more than fifty percent (50%) of the voting rights in general meetings of shareholders, or (ii) holds the right to appoint the majority of the members of the Board of Directors or of a body fulfilling a similar function. Such entities will be considered as Orange SA subsidiaries only as long as one of the aforementioned criteria is met.

    1.2. Component: any software’s source code, document, design, picture, database provided by the Inner Source Project under these Inner Source terms of use.

    1.3. Inner Source Project: Orange SA’s project that decides to make available the Component under these Inner Source terms of use.

  2. OBJECTIVE OF THE DOCUMENT

    Inner Source aims to strengthen collaboration within Orange Group. Therefore, these terms give a comprehensive list of the rules that must be applied to each Component in order to comply with Orange’s inner source principles, secure the copyright rights of Orange SA and/or any of its Affiliates and allow the use of the Component by users to improve collaboration within Orange Group.

    Two categories of users have been identified:

    • Internal Users: Orange SA staff (employees, PhD students, apprentices, interns)

    • External Users: Orange Affiliates’ staffs, external partners, subcontractors, and any other entity which is not part of Orange SA.

  3. CONDITIONS APPLICABLE TO INTERNAL USERS

    a. Rights

    Permission is hereby granted, free of charge, to any Internal User, to:

    • access to the Component including but not limited to the source code of the software and associated technical documentation;

    • use the Component;

    • contribute to the Component by submitting patches and/or major contributions to the Orange SA’s Inner Source Project;

    • copy, reproduce and duplicate the Component internally and only for the needs of any Internal User’s Orange SA’s projects;

    • modify and merge the Component for the needs of any Internal User’s Orange SA’s projects;

    • make available the Component within Orange SA only, modified or not.

    b. Duties

    In consideration of the rights granted above, each Internal User must comply with the following conditions:

    • Do not copy, publish, distribute, sublicence or sell the Component in any form outside Orange SA without informing Orange SA’s Inner Source Project and the agreement of the Intellectual Property and Licensing (IPL) department.

    • Do not delete or modify the copyright notice that may have been inserted within the Component (see point 7 below) and these terms of use;

    • Give credit to the original authors of the Component;

    • Do not link, compile or otherwise the Component with any other component published under GNU GPL license or GNU Affero license or any copyleft license without the prior approval of the open source governance;

    • Inform Orange SA’s Inner Source Project of any duplication of the project/component (fork) or any modifications/enhancements made to the Component.

  4. CONDITIONS APPLICABLE TO EXTERNAL USERS

    4.1. External Users must execute an agreement with Orange SA to have access to and use the Component. External Users shall use Orange SA’s Component under the conditions defined in the contract the External Users entered into with Orange SA.

    4.2. When an External User is an Affiliate, any supplier contracts with the Affiliate shall include a formal statement that the supplier transfers all copyright rights to the Affiliate.

    4.3. When an External user is an Affiliate and provided that the Component is invoiced or recharged to one or more business unit or Affiliate, in that case Orange SA hereby grants to the Affiliate a personal, non-transferable, non-exclusive free licence to have access to the Component on its own equipment only for six (6) months and solely for the purposes of the technical evaluation of the Component by the Affiliate and understanding its mechanisms, and induced software architecture as the case may be, as well as its interest to develop one or more features within the framework of the Orange’s Inner Source ecosystem. The Affiliate may make copies of the Component that are necessary to evaluate the Component on its own equipment but may not make any back-up or archival copies and may not load all or any part of the Component on any computer other than its own equipment. No other rights, even implied, are granted herein, other than those mentioned above, especially the Affiliate is not allowed:

    • to modify, adapt, translate or create derivative works based on the Component;

    • to sublicense, distribut e, disclose, market, rent, lease, or transfer the Component to any third party such as but not limited to subcontractors.

    The Affiliate acknowledges that any disclosure pursuant to these terms of use shall not transfer or confer to the Affiliate any intellectual property or other rights in relation to the Component.

    In case the Affiliate wishes to take part to the development/enhancement of the Component and contribute to it, the Affiliate shall contact the Inner Source Project in order to put in place the contractual agreements accordingly.

  5. NO WARRANTY

    THE COMPONENT IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL ORANGE SA BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE COMPONENT OR THE USE OR OTHER DEALINGS IN THE COMPONENT.

  6. TERMINATION

    Any failure to comply with the current terms of use will terminate any rights to use the Component if no cure of such failure has been carried out within ten (10) days after becoming aware of such noncompliance and/or if the user ceases to be an Orange’s staff or to be in an agreement with Orange.

    In case of termination of these terms of use, the user agrees to cease any use of the Component and delete any copy of the Component.

  7. COPYRIGHT NOTICE TO BE INCLUDED INTO THE HEADERS FILES

    /*
     * Software Name: <software name>
     * Version: <version>
     * SPDX-FileCopyrightText: Copyright (c) <firstyear>[-<lastyear>] Orange SA
     *
     * This software is confidential and proprietary information of Orange SA.
     * You shall not disclose such Confidential Information and shall not copy,
     * use or distribute it in whole or in part without the prior written
     * consent of Orange SA.
     *
     * Author: <optional: authors list>
     * Software Description: <optional: software description text>
     */
    

    Where:

    • <firstyear>: Year of the first publication;
    • <lastyear>: Year of the latest published version;
    • <authors list>: Only include the name of authors who agreed to be identified.