EMBEDDED PROJECTS GENERAL PUBLIC LICENSE Version 3.1

‘EGPLv3.1’

Preamble

The EGPLv3.1 incorporates the terms of the GNU AFFERO GENERAL PUBLIC LICENSE Version 3, dated 19 November 2007 (‘AGPLv3’) as shown under EXHIBIT A and the following terms, WHEREAS the following terms

extend, amend and/or clarify the AGPLv3 and
prevail in case of any contradictions with the AGPLv3.

The following terms of the EGPLv3.1 may not be separated from the terms of the AGPLv3 in EXHIBIT A – together they form the EGPLv3.1. It is purpose of the EGPLv3.1 to make any user and/or recipient of this file or its content aware of the identity of the copyright holder/licensor and its business.

DEVELOPER & DISTRIBUTOR NOTES:

For purpose of clarification, the following terms have priority over the terms of the AGPLv3, especially No. 7 of the AGPLv3. This however, may render the EGPLv3.1 incompatible with any other AGPLv3s or any other GPL.
Inasmuch as embedded projects GmbH is the licensor, embedded projects reserves the right to publish guidelines for the interpretation of the EGPLv3.1 on http://www.wawision.de which are incorporated into this license by reference in case they are published prior to your obtainment of the EGPLv3.1. You bear the burden of proof that you obtained this license prior to the publishment of a certain guideline.

0. Definition of ‘the program’

‘The Program’ hereinafeter (and pursuant to No. 0 AGPLv3) includes but is not limited to any file or portion of it that

a) references to the EGPLv3.1 including but not limited to such references from source code header files

b) is referenced to the EGPLv3.1 by
- (i) any documentation provided with the file OR
- (ii) a notice file that is contained in the same directory in which the file is stored. In the absence of such notice file in the same directory, said notice file can be found in the upper directory that is next to the file – which would be the root directory as a last resort.

The use of this file and its content (including but not limited to all modules, databases, pictorial images and documentation and all forms of computer program codes and parts thereof) are subject to the EGPLv3.1.

1. Adevertising Clauses

a) All advertising materials for (i) any work that contains this file, its content and/or any portion of it or (ii) mentioning features and/or use of this file, its content and/or any portion of it must mention at least ONE of the following statements:

“Diese Software ist eine Ableitung und Veränderung von WaWision ERP. WaWision ERP wurde von embedded projects GmbH entwickelt und steht unter der EGPLv3.1-Lizenz als Open Source Software. Informationen zu WaWision und der Open-Source Version findet man unter http://www.wawision.de.”

AND/OR

“This Software is a derivative and modification of WaWision ERP. WaWision ERP was developed by embedded projects GmbH und is licensed under the EGPLv3.1 license as Open Source Software. Information on WaWision and its open source distribution can be obtained from http://www.wawision.”

b) The statement under clause 1 a) has to be displayed in black latin font (“Arial” or “Times New Roman”) on white background with font size of at least 12pt.
c) The “advertising materials” under clause 1 a) comprises all non-verbal forms of advertising and business in theprogram, including but not limited to digital or printed offers or displays (e.g. on convention displays, brochures, websites or webshops) or terms and conditions for the distribution or cloud/SaaS use of the program.
d) You are required to provide customers and/or any recipients of your advertising materials with the text of the complete EGPLv3.1 text upon request. You may not charge any fee for the provision of the EGPLv3.1 text, when you are requested to provide the EGPLv3.1 by means of electronic communication (e.g. e-mail).

2. Integrity of Copyright and License Notices

You are not allowed to remove or modify any copyright and license notices from the program unless you only add your own copyright notice exclusively for your own contributions.

3. Network Interaction

a) A user interaction with the program pursuant to No. 13 AGPLv3 includes but is not limited to situations in which the user receives parts of the program on a client machine during interaction with a server. For the purpose of clarification,
- i) said user interaction does not necessarily mean access to all functions of the program in order to interact with it. Said interaction comprises but is not limited to any code of the program that is purposefully cached on the user’s machine for preparing code execution and any login dialog of the program – no matter whether the user has the suitable login information.
- ii) the term ‘user’ means anyone but the licensee, i.e. comprising but not limited to employees of the licensee.
b) Instead of providing the user that interacts with the program pursuant to No. 13 AGPLv3 with the source code of the original program, you are obliged to offer the complete corresponding code of the licensee’s covered work for internet download to the PUBLIC under the EGPLv3.1, including but not limited to No. 5 AGPLv3. The aforementioned offer has to be prominently positioned

4. Defintion of a ‘Work Based on the Program’

A ‘work based on the program’ includes but is not limited to

a) any new arrangement of the program with other new files, e.g. libraries – without regard to the form of linking (dynamic or static) AND
b) any other new module that contains portions of the program, e.g. any code fragment of the program. In case, the aforementioned incorporation of a code fragment into a new module does not require the permission by the licensor, said module must be licensed under the EGPLv3.1 when the module is conveyed together with the program.

5. No Trademark or Name Rights

Notwithstanding No. 1 and 5 EGPLv3.1, nothing in the EGPLv3.1 grants you the to right to use the trademark ‘WaWision’ or the name of the embedded projects GmbH.

6. Integrity of the EGPLv3.1

The EGPLv3.1 may not be changed, including but not limited for the distribution of the program or any work based on the program; No. 14 AGPLv3 does not apply.

7. Choice of Law, Jurisdiction

The EGPLv3.1 is governed by the laws of Germany whereas the application of the International Convention of the Sale of Goods (CISG) is excluded. Inasmuch as you are a merchant pursuant to Sec. 13 German Civil Code (BGB), all courts in Germany shall have jurisdiction for any dispute arising from the EGPLv3.1.

– EXHIBIT A –

GNU AFFERO GENERAL PUBLIC LICENSE

Version 3, 19 November 2007

-> See AGPL-3.0-only.md

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