178 lines
7.7 KiB
Markdown
178 lines
7.7 KiB
Markdown
# Inner Source terms of use v1.0
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The accompanying Component is provided under the current terms of use. Any
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installation and use of the Component constitute recipient's acceptance of
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these terms.
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THESE TERMS MAY BE COPIED OR DISTRIBUTED BUT IN ORDER TO AVOID INCONSISTENCY.
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THESE TERMS MAY ONLY BE MODIFIED BY ORANGE SA LEGAL DEPARTMENT – INTELLECTUAL
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PROPERTY.
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1. DEFINITIONS
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1.1. *Affiliate*: any entity in which Orange SA, acting alone or in
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concert, holds (i) directly or indirectly more than fifty percent
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(50%) of the voting rights in general meetings of shareholders, or
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(ii) holds the right to appoint the majority of the members of the
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Board of Directors or of a body fulfilling a similar function. Such
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entities will be considered as Orange SA subsidiaries only as long as
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one of the aforementioned criteria is met.
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1.2. *Component*: any software’s source code, document, design, picture,
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database provided by the Inner Source Project under these Inner
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Source terms of use.
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1.3. *Inner Source Project*: Orange SA’s project that decides to make
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available the Component under these Inner Source terms of use.
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2. OBJECTIVE OF THE DOCUMENT
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Inner Source aims to strengthen collaboration within Orange Group.
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Therefore, these terms give a comprehensive list of the rules that must be
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applied to each Component in order to comply with Orange’s inner source
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principles, secure the copyright rights of Orange SA and/or any of its
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Affiliates and allow the use of the Component by users to improve
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collaboration within Orange Group.
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Two categories of users have been identified:
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- *Internal Users*: Orange SA staff (employees, PhD students, apprentices,
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interns)
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- *External Users*: Orange Affiliates’ staffs, external partners,
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subcontractors, and any other entity which is not part of Orange SA.
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3. CONDITIONS APPLICABLE TO INTERNAL USERS
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a. Rights
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Permission is hereby granted, free of charge, to any Internal User, to:
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- access to the Component including but not limited to the source code of
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the software and associated technical documentation;
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- use the Component;
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- contribute to the Component by submitting patches and/or major
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contributions to the Orange SA’s Inner Source Project;
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- copy, reproduce and duplicate the Component internally and only for the
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needs of any Internal User’s Orange SA’s projects;
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- modify and merge the Component for the needs of any Internal User’s
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Orange SA’s projects;
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- make available the Component within Orange SA only, modified or not.
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b. Duties
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In consideration of the rights granted above, each Internal User must
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comply with the following conditions:
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- Do not copy, publish, distribute, sublicence or sell the Component in
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any form outside Orange SA without informing Orange SA’s Inner Source
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Project and the agreement of the Intellectual Property and Licensing
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(IPL) department.
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- Do not delete or modify the copyright notice that may have been inserted
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within the Component (see point 7 below) and these terms of use;
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- Give credit to the original authors of the Component;
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- Do not link, compile or otherwise the Component with any other component
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published under GNU GPL license or GNU Affero license or any copyleft
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license without the prior approval of the open source governance;
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- Inform Orange SA’s Inner Source Project of any duplication of the
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project/component (fork) or any modifications/enhancements made to the
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Component.
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4. CONDITIONS APPLICABLE TO EXTERNAL USERS
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4.1. External Users must execute an agreement with Orange SA to have
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access to and use the Component. External Users shall use Orange SA’s
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Component under the conditions defined in the contract the External
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Users entered into with Orange SA.
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4.2. When an External User is an Affiliate, any supplier contracts with
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the Affiliate shall include a formal statement that the supplier
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transfers all copyright rights to the Affiliate.
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4.3. When an External user is an Affiliate and provided that the Component
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is invoiced or recharged to one or more business unit or Affiliate,
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in that case Orange SA hereby grants to the Affiliate a personal,
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non-transferable, non-exclusive free licence to have access to the
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Component on its own equipment only for six (6) months and solely for
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the purposes of the technical evaluation of the Component by the
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Affiliate and understanding its mechanisms, and induced software
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architecture as the case may be, as well as its interest to develop
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one or more features within the framework of the Orange’s Inner
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Source ecosystem. The Affiliate may make copies of the Component that
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are necessary to evaluate the Component on its own equipment but may
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not make any back-up or archival copies and may not load all or any
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part of the Component on any computer other than its own equipment.
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No other rights, even implied, are granted herein, other than those
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mentioned above, especially the Affiliate is not allowed:
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- to modify, adapt, translate or create derivative works based on the
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Component;
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- to sublicense, distribut e, disclose, market, rent, lease, or transfer
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the Component to any third party such as but not limited to
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subcontractors.
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The Affiliate acknowledges that any disclosure pursuant to these terms of
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use shall not transfer or confer to the Affiliate any intellectual
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property or other rights in relation to the Component.
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In case the Affiliate wishes to take part to the development/enhancement
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of the Component and contribute to it, the Affiliate shall contact the
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Inner Source Project in order to put in place the contractual agreements
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accordingly.
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5. NO WARRANTY
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THE COMPONENT IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS
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OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
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MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN
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NO EVENT SHALL ORANGE SA BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER
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LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING
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FROM, OUT OF OR IN CONNECTION WITH THE COMPONENT OR THE USE OR OTHER
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DEALINGS IN THE COMPONENT.
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6. TERMINATION
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Any failure to comply with the current terms of use will terminate any
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rights to use the Component if no cure of such failure has been carried
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out within ten (10) days after becoming aware of such noncompliance and/or
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if the user ceases to be an Orange’s staff or to be in an agreement with
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Orange.
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In case of termination of these terms of use, the user agrees to cease any
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use of the Component and delete any copy of the Component.
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7. COPYRIGHT NOTICE TO BE INCLUDED INTO THE HEADERS FILES
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```javascript
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/*
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* Software Name: <software name>
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* Version: <version>
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* SPDX-FileCopyrightText: Copyright (c) <firstyear>[-<lastyear>] Orange SA
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*
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* This software is confidential and proprietary information of Orange SA.
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* You shall not disclose such Confidential Information and shall not copy,
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* use or distribute it in whole or in part without the prior written
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* consent of Orange SA.
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*
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* Author: <optional: authors list>
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* Software Description: <optional: software description text>
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*/
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```
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Where:
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- `<firstyear>`: Year of the first publication;
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- `<lastyear>`: Year of the latest published version;
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- `<authors list>`: Only include the name of authors who agreed to be
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identified.
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