The eOLF software and any files or tools which may be supplied therewith ("Program") may be downloaded and used under this European Patent Organisation Open Source License No. 1 ("Agreement"). The downloading, use, copying or providing to others of this Program or any parts thereof constitutes the acceptance of this Agreement and its terms. The download and use hereunder is permitted in order to further and enable a standardised portion of patent application administration capable of being universally accepted in many countries.
"User" means the European Patent Organisation ("EPO") as the original supplier of the Program, and any individual, company, governmental or intergovernmental organisation, in particular one charged with the administration of patent applications, receiving and using the Program or the Modified Program under this Agreement.
"Program" means the software that supports the online electronic filing of intellectual property documents made available under this Open Source Licence.
"Modified Program" means the Program with any Modifications.
"Modifications" means changes of or additions to the Program or Modified Program.
"Own Software" means a software which uses the Program or Modified Program e.g. by providing a specific user surface, but leaves the Program or Modified Program substantially unchanged.
"Release Board" shall be a board of members from one or more governmental or intergovernmental organisations, corporations, firms and institutes interested in the administration of patent applications.
"Open Source Library" means the Internet site from which the Program and any Modified Programs can be downloaded.
Each User grants to the other Users a non-exclusive, worldwide, royalty-free license under its copyrights or patents as far as these rights relate to Program or Modified Program or the Modifications as such or the use of these, to copy, use, distribute the Program or Modified Program, and to distribute and sell Own Software incorporating the Program or Modified Program therein. Each User may distribute and/or sell the Program or Modified Program as they see fit as long as a reference is made to the Open Source Library. In each distribution or commercial or public use of the Program or Modified Program the User shall specifically point out that he is acting strictly on his own behalf and not on behalf of the EPO or any other governmental or intergovernmental organisation.
3. Waiver, No Warranty, No liability
The Program or Modified Program is provided free of charge AS IS to the Users.
NO REPRESENTATION OR WARRANTIES OF ANY KIND ARE MADE BY ANY OF THE USERS OR IN FAVOUR OF ANY OF THE USERS. IN PARTICULAR, BUT WITHOUT LIMITATION, THERE IS NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A SPECIFIC USE OR A PARTICULAR USE, THERE IS NO WARRANTY FOR THE PROGRAM OR MODIFIED PROGRAM TO BE FREE OF DEFECTS, THERE IS NO WARRANTY THAT THE PROGRAM OR MODIFIED PROGRAM IS FREE OF RIGHTS OF THIRD PARTIES, IN PARTICULAR PATENTS OR COPYRIGHTS. THERE SHALL BE NO LIABILITY BY ANY OF THE USERS FOR ANY DAMAGE RESULTING FROM THE USE OF THE PROGRAM OR MODIFIED PROGRAM OR ANY DEFECT THEREIN, IN PARTICULAR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, EVEN IF AN ADVICE ABOUT THE POSSIBILITY OF SUCH DAMAGES SHOULD EXIST.
In case of a use of the Program or Modified Program by one User with third parties which could result in any kind of liability, this User shall ensure that there is no claim based on such use against any other User. This User also holds harmless and indemnifies every other User against any claim by such third party(ies) which might be based on the use of, properties or features of the Program or Modified Program.
5. Source Code
The Source Code of the Program or Modified Program may be distributed in source code form as well as in compiled form. Where an Own Software using the Program or Modified Program is not distributed with source code, a clearly visible reference to the Open Source Library must be included in the Own Software.
6. Open Source Library
The EPO has placed the original Program into the public domain by making the Source Code as well as all associated files and tools available for download from the Internet at http://sourceforge.net/ under the eOLF Open Source project. This site must also be used to archive and make available for download all Modified Programs.
7. Contributing Modifications
a. Each User shall contribute modifications of the Program or Modified Program to the Open Source Library indicating in detail the defect cured or the improvement made or the functionality added by the modification for incorporation into the Program or Modified Program and for use by all Users as provided hereunder and providing the respective commented source code for the modification.
b. Any change of or addition to the Program or Modified Program publicised by a User hereunder shall identify the change and the issuing source thereof.
c. When incorporated the Modifications become subject to the applicable provisions hereunder and shall be made available to the public in the same way and under the same conditions the Program or Modified Program has been licensed.
8. Release Board
a. The EPO, together with other interested parties, will form a Release Board in order to ensure the international uniformity and harmonisation in this area to the largest extent feasible.
b. The standing members of the Release Board shall be representatives from the EPO, USPTO, JPO, and WIPO.
c. Membership of the Release Board will be open to all those persons, commercial companies or entities who can make substantial contributions in terms of time, technology, knowledge, or industry expertise to the Program and who share in the vision to create an open platform for Online Filing of Intellectual Property Documents built by an open community of tool providers, operating under an open source model, with a license that grants royalty free and world wide re-distribution rights in the Program and its Modifications.
To be a Member, the person, company or entity must complete a written membership application in such form as shall be adopted by the Release Board. The nomination and content of the membership application must be included in a notice submitted to the open Source Library, at least ten (10) days prior to any vote on the applicant's admission, which notice may be by electronic means. Members are approved for admission or removal by a 75% majority of all existing Board Members. Membership shall only become effective once the applicant has executed the Membership Agreement in such form as shall be adopted by the Board.
d. The Release Board shall assess all modifications for their compliance with the International Standards including Annex F of the PCT Administrative Instructions Part 7 and those agreed by at least 75% of the Standing Members of the Release Board will at its sole discretion be incorporated by the Release Board into a new Certified Release. This Certified Release will then also be made available under this licence via the Open Source Library along side any other software versions submitted by interested parties. The Release Board will review modifications to ensure their consistency with good programming practice and for any security ramifications.
9. Copyright Notice and Agreement Reference
a. Every User distributing the Program or Modified Program shall place the copyright notice
© 2003 European Patent Organisation
and such others as the Release Board may at the request of such owners identify as owners of copyright in portions of a program in a new Certified Release. The User has no right to use the logo of the EPO or any other member of the Release Board on any copy of the Program or Modified Program he distributes, or on any accompanying materials or packaging materials, or in any of his communications or advertising materials.
b. Every User distributing the Program or Modified Program shall ensure that the recipient of the Program or Modified Program is bound by this Agreement in the same manner the User is bound.
10. Termination for breach
If a breach of this Agreement is not cured within 30 days from the notification thereof, this Agreement shall automatically terminate.
11. Law and Arbitration
This Agreement shall be subject to German law. Any controversy arising out of or in conjunction with this Agreement shall be finally settled by a three person arbitration panel administered under the WIPO Arbitration Rules in Geneva using English as the procedural language.