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GE Terms and Conditions tab (FIWARE Catalogue) - FIWARE Forge Wiki

GE Terms and Conditions tab (FIWARE Catalogue)

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Contents

General remarks

Content provided in the “Use Terms & Conditions” tab for each GEri/GEi entry in the FIWARE Catalogue should be structured into three sections:

  1. “Experimentation/testing within the scope of the FI-PPP”
  2. “FIWARE Lab”
  3. “External availability”

The text under the first two sections is a standard text. The text in the first section would refer to the clauses of the FI-PPP Collaboration Agreement. The text in the FIWARE Lab section would refer to a “FIWARE Lab Use Terms and Conditions” agreement to be signed by any third party who wishes to build experimental applications based on FIWARE GEris/GEis. Before creating any account and using any FIWARE GEri/GEi instance or downloading the FIWARE GEri/GEi software provided through the FIWARE Lab, third parties would have to declare that they have understood and agreed with the “FIWARE Lab Use Terms and Conditions”.

Standard text for section “Experimentation/testing within the scope of the FI-PPP”

Here it is the standard text for this section:

Projects being part of the FI-PPP program can use the <name of the FIWARE GE implementation> product under the conditions established in the FI-PPP Collaboration Agreement that they should have signed as beneficiaries of the program.

Standard text for section “FIWARE Lab”

Here it is the standard text for this section:

Development, testing and experimentation of FIWARE technologies for applications using:

  • instances deployed on the FIWARE Lab facilities (see section “Experimental Instances” under the “Instances” tab linked to this entry); or
  • versions of the software downloaded from resources under the “downloads” tab linked to this GEri/GEi entry is subject to the terms and conditions established in the “FIWARE Lab: Use Terms and Conditions”. Any other use is not permitted.

There may be a FIWARE GEi for which the owner will not allow that the software be used by any mean other than “as a Service” for experimentation under the umbrella of the FIWARE Lab. In this case, it is the own responsibility of the FIWARE GEi owner to make sure that the “download” tab does not contain binaries or source code linked to the actual parts of the FIWARE GEi software does not want to expose (e.g., software for backend/server components). That tab may contain downloads for client libraries or complementary tools that are part of the product and need to be installed for its proper use. Please note that the above paragraph does not apply to GEris as they are OSS.

The section under tab “Instances” should start with the following standard text (description of each experimental instance follows):

Here you will find information about available instances of this Generic Enabler you can use. Please check the associated Terms and Conditions. You may create your own dedicated instances following the instructions provided in the tab "Creating Instances"

Please note that if you see instances under a section called "FIWARE PPP Testbed", they are not reachable unless you are one of the PPP members that have been authorised to access them.

The instances of GE implementations under the section called "FIWARE Lab" in the "Instances" tab of the catalogue entry are freely available without restrictions.

The tab “Downloads” should end with a paragraph that states the following:

Please check the “Use Terms and Conditions” to learn the terms and conditions under which you can download and use the software downloadable here.

Example texts that may be used in section on “External availability”

The text for the section “External availability” in the “Use Terms & Conditions” is up to the GEi/GEri owner. However, here are some templates that can be used to ensure that commercial terms and conditions are clear enough to third parties. Note that several cases may apply at the same time (e.g., software provided as open source, but provided “as a Service” with contracted support, or software provided as open source offering the possibility to pay for support)

Software provided as open source software

This is normally the case for a FIWARE GE reference implementation (GEri). Of course, in the case of multiple open source implementations of the same GE, only one of those is a reference implementation, still what described in this paragraph holds for all of such implementations. Software provided as open source, by definition can be used, modified and distributed without permission, provided that the specific restrictions associated to the particular open source license are respected.

There are two recommendations that must be considered for open source implementation of GEs:

  1. The source code of the GEri is available under one of the well-known Open Source Software licenses as listed in http://opensource.org/licenses/category and it should not force software using the GEri to be released as open source nor prevent that the GEri can be offered as a Service.
  2. To comply with rules established in the FIWARE Collaboration Agreement, it would be highly recommended that the FIWARE GEri owner states that the software does not contaminate any other software that is packaged together with it.

Here you have a text that should be placed always and right at the beginning of the “External availability” section in this case:

Software associated to the <name of FIWARE GE [reference] implementation> product is provided as open source under <name and version of the open source license>. Please check the specific terms and conditions linked to this open source license at <link to open source license URL specific terms and conditions>.

Example:

Software associated to the Claudia product is provided as open source under Apache License, Version 2.0. Please check the specific terms and conditions linked to this open source license at http://opensource.org/licenses/Apache-2.0

If the license per se does not include a non contamination clause, it would be required that you add, besides the paragraph specified above, some statement about this aspect. An example is the following if you are using a GNU Affero General Public License, Version 3 (AGPL-3.0):

Please note that software derived as a result of modifying the source code of the <name of FIWARE GE[reference] implementation> product software in order to fix a bug or incorporate enhancements is considered a derivative work of the product. Software that merely uses or aggregates (i.e. links to) an otherwise unmodified version of existing software is not considered a derivative work).

Software commercially provided “as a Service”

A FIWARE GEri/GEi may be provided, also, “as a Service” through instances described under the section “External instances” under the “Instances” tab. This case, the following text may need to be added in the “External availability” section under the “Use Terms and Conditions” tab:

<name of FIWARE GE> functionalities covered by the <name of FIWARE GE implementation product> product are provided “as a Service” by <name of the FIWARE GEi owner> through instances listed in section “External instances” under the “Instances” tab. Please contact <commercial contact, might be an email address or a web page> to obtain further information about commercial use terms and conditions (i.e., level of support, use constrains) established for those instances.

Example:

FIWARE BigData Analysis GE functionalities covered by the SAMSON product are provided “as a Service” by Telefónica Digital through instances listed in section “External instances” under the “Instances” tab. Please contact telefonica-pdi-products-info@telefonica.com to obtain further information about commercial use terms and conditions (i.e., level of support, use constrains) established for those instances.

It may be the case that the FIWARE GEri/GEi owner does not have yet deployed commercially supported instances, but plan to do so. Then, it would be advisable it declare so. Details will be of course welcome, but the following text is an example of what should be provided as statement “ad minimum” (note: text within ‘[‘ and`]’ is optional):

<name of the FIWARE GEi owner>’s current strategy plans contemplate the commercially supported provision of <name of FIWARE GE> functionalities “as a Service”, based on instances of the <name of FIWARE GE implementation> product [to be integrated as part of the <name of platform> that will be] operated and supported by <name of the FIWARE GEi owner division in charge of operation or the name of the FIWARE GEi owner if such detail cannot be provided>. Please contact <commercial contact, might be an email address or a web page> to obtain further information about commercial plans.

Example:

Telefónica Digital’s current strategy plans contemplate the commercially supported provision of FIWARE BigData Analysis GE functionalities “as a Service”, based on instances of the SAMSON product to be integrated as part of Telefónica’s Platform for SMART Cities that will be operated and supported by Telefónica Business Units in the regions where this Platform is used. Please contact telefonica-pdi-products-info@telefonica.com to obtain further information about commercial plans.

The section “External instances” under tab “Instances” should start with the following standard text (description of each experimental instance follows):

Please check the section “External availability” under the “Use Terms and Conditions” tab to learn the terms and conditions under which external instances below can be used. Specific limits and restrictions applicable to each instance may be specified in the corresponding description.

Software provided under paid license

Conversely of what is allowed for FIWARE GEri, FIWARE GEi software may be provided under paid licenses. Then, the following text have to be added:

Software associated to the <name of FIWARE GE implementation> product is provided under paid licenses in compliance with FRAND (Fair Reasonable And Non-Discriminatory) terms. Please contact <commercial contact, might be an email address or a web page> to obtain further information about pricing of licenses and other commercial use terms and conditions.

Example:

Software associated to the SAMSON product is provided under paid licenses in compliance with FRAND (Fair Reasonable And Non-Discriminatory) terms. Please contact telefonica-pdi-products-info@telefonica.com to obtain further information about pricing of licenses and other commercial use terms and conditions.

It may be the case that the FIWARE GEi owner does not have yet started the commercialization under paid licenses, but plan to do so or it is willing to consider that possibility. Then, it would be advisable it to declare so. Details will be of course welcome, but the following text is an example of what should be provided as statement “ad minimum” (note: text within ‘[‘ and`]’ is optional):

<name of the FIWARE GEi owner>’s current strategy plans contemplate the commercialization of paid licenses for use of the <name of FIWARE GE implementation> product [to be integrated as part of the <name of platform already commercialized by <name of the FIWARE GEi owner division in charge of operation or the name of the FIWARE GEi owner if such detail cannot be provided>]. Please contact <commercial contact, might be an email address or a web page> to obtain further information about commercial plans for paid licenses.

Example:

Telefónica Digital’s current strategy plans contemplate the commercialization of paid licenses of the SAMSON product to be integrated as part of Telefónica’s BigData Platform already commercialized by Telefónica Business Units. Please contact telefonica-pdi-products-info@telefonica.com to obtain further information about commercial plans for paid licenses.

Support of software provided as open source or under paid license

It is advisable that the FIWARE GEri/GEi owner states what level of support it is planning to commercially offer.

When provided as open source, the FIWARE GEri/GEi owner may decide to not provide any sort of support. Therefore, it should provide a clear statement about that like the following:

Please note that <name of the FIWARE GEi owner> does not currently contemplate providing support of the <name of FIWARE GE implementation> product. However, you are entitled to offer support services to third parties or assume this support on your own given the fact that the <name of FIWARE GE implementation> product is delivered as open source.

Example:

Please note that Telefónica does not currently contemplate providing support of the SAMSON product. However, you are entitled to offer support services to third parties or assume this support on your own given the fact that the SAMSON product is delivered as open source.

However, if the FIWARE GEi owner will provide support for the product, a clause like the following could be provided:

<name of the FIWARE GEi owner> offers several formulas under which support of the <name of FIWARE GE implementation> product is provided. Please contact <commercial contact, might be an email address or a web page> to obtain further information about commercial support.

It may be the case that the FIWARE GEi owner does not have yet started the commercialization of support activities. Then, it should declare so. Details will be of course welcome, but the following text is an example of what could be provided as statement “ad minimum” (note: text within ‘[‘ and`]’ is optional):

<name of the FIWARE GEi owner>’s current strategy plans contemplate the commercialization of support services for the <name of FIWARE GE implementation> product [to be integrated as part of the <name of platform already commercialized by <name of the FIWARE GEi owner division in charge of operation or the name of the FIWARE GEi owner if such detail cannot be provided>]. Please contact <commercial contact, might be an email address or a web page> to obtain further information about commercial support.

Example:

Telefónica Digital’s current strategy plans contemplate the commercialization of support services for the SAMSON product to be integrated as part of Telefónica’s BigData Platform already commercialized by Telefónica Business Units. Please contact telefonica-pdi-products-info@telefonica.com to obtain further information about commercial support.

Bi-lateral commercial agreements

It may be the case that the FIWARE GEri/GEi owner (also) offers the opportunity to negotiate bi-lateral commercial agreements. Then we suggest to add some language as the following:

<name of the FIWARE GEi owner> is open to negotiate bi-lateral commercial agreements with companies willing to commercialize and/or support the <name of FIWARE GE implementation> product, or develop products/services based on it. Please contact <commercial contact, might be an email address or a web page> to obtain further information about commercial liaisons.

Example:

Telefonica Digital’s is open to negotiate bi-lateral commercial agreements with companies willing to commercialize and/or support the SAMSON product, or develop products/services based on it. Please contact <commercial contact, might be an email address or a web page> to obtain further information about commercial liaisons.

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