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Copyright and Licenses for the use of openEHR materials

Overview

The general spirit of our approach is to make web-based materials, documents, and software tools and components available for all classes of use without charge. However, we also take care to protect the integrity of openEHR materials, to ensure that they are not used out of context, or modified so as to misrepresent or malign the Foundation and its work. We also need to ensure that purchasers and users of products based on or incorporating our work are not given undue assurance of our liability for them.

There are currently the following copyright and licences:

These licences ensure that openEHR materials are used in an open way, while limiting the liability of the openEHR Foundation in any particular development which may use its materials.

openEHR Public License (web)

The following notice applies to web-based materials (on the web site themselves and downloadable from them)

© Copyright openEHR Foundation 2001 – 2004 All Rights Reserved

  1. The materials and documents on this site are protected by copyright, moral rights and/or database rights throughout the world and are owned by the openEHR Foundation [or its licensors].
  2. You may read, print and download the materials and documents for private, non-commercial use.
  3. You may use the materials and documents (in whole or in part) for the purposes of making presentations and education, so long as such purposes are non-commercial and are designed to comment on, further the goals of, or inform third parties about, openEHR.
  4. You must not alter, modify, add to or delete anything from the materials and documents you download or use (except as is permitted in paragraphs 2 and 3 above).
  5. You shall, in any use of the materials and documents, include an acknowledgement in the form:
    "© Copyright openEHR Foundation 2001-2004. All rights reserved. www. openEHR.org"
  6. The materials and documents are being provided as a service to the academic and healthcare communities and on a non-commercial basis. Accordingly, to the fullest extent permitted under applicable law, the openEHR Foundation accepts no liability and offers no warranties in relation to the materials and documentation or their content.
  7. If you wish to commercialise, license, sell, distribute, use or otherwise copy the materials and documents on this site other than as provided for in paragraphs 1 to 6 above, you must comply with the terms and conditions of the openEHR Free Commercial Use Licence or enter into a separate written agreement with openEHR Foundation covering such activities. The terms and conditions of the openEHR Free Commercial Use License can be found here.

openEHR Public License (document)

The following notice appears in openEHR documents.

© Copyright openEHR Foundation 2001 - 2004 All Rights Reserved

  1. This document is protected by copyright and/or database right throughout the world and is owned by the openEHR Foundation [or its licensors]. You may read and print the document for private, non-commercial use.
  2. You may use this document (in whole or in part) for the purposes of making presentations and education, so long as such purposes are non-commercial and are designed to comment on, further the goals of, or inform third parties about, openEHR.
  3. You must not alter, modify, add to or delete anything from the document you use (except as is permitted in paragraphs 2 and 3 above).
  4. You shall, in any use of this document, include an acknowledgement in the form:
    "© Copyright openEHR Foundation 2001-2004. All rights reserved. www. openEHR.org"
  5. This document is being provided as a service to the academic community and on a non-commercial basis. Accordingly, to the fullest extent permitted under applicable law, the openEHR Foundation accepts no liability and offers no warranties in relation to the materials and documentation and their content.
  6. If you wish to commercialise, license, sell, distribute, use or otherwise copy the materials and documents on this site other than as provided for in paragraphs 1 to 6 above, you must comply with the terms and conditions of the openEHR Free Commercial Use Licence, or enter into a separate written agreement with openEHR Foundation covering such activities. The terms and conditions of the openEHR Free Commercial Use License can be found at the end of this document.

openEHR Free Commercial Use License

Introduction

The provisions that follow are intended to cover any Use (as defined below) of the materials and documents found on the openEHR Foundation web site, (the “Materials”) other than Private, Non-Commercial Activities. For the purposes of this licence, Private, Non-Commercial Activities means (a) your reading and/or printing the document for private, non-commercial use; and/or (b) your use of the document (in whole or in part) for the purposes of making presentations and education (so long as such purposes are non-commercial and are designed to comment on, further the goals of, or inform third parties about, the openEHR Foundation).

Meaning of Use in these provisions

The meaning of Use shall include the following activities in relation to the Materials:

  1. copying
  2. distribution
  3. licensing (including sub-licensing) whether or not for commercial and/or financial gain and/benefit
  4. modification
  5. adaptation
  6. incorporating the Materials in whole or part into other software or documentation.

Commercial Use

Commercial Use of the Materials shall be deemed to include all activities other than Private, Non-Commercial Activities (as defined above).

Commercial Use shall include, without limitation:

  • the normal commercial licensing of the Materials (whether alone, incorporated into another program or document, or as a work derived from the Materials in whole or part); or
  • where the Materials are used (whether alone, incorporated into another program or document, or as a program or document derived from the Materials in whole or part) directly or indirectly for the treatment, evaluation or medical care of patients, or in the recording, compiling and analysing of any facts, records or statistics in regard to, patients.

Detailed provisions

You may freely Use the Materials for Commercial Use subject to the following:

  1. that you conspicuously and appropriately publish on each copy of the Materials an appropriate copyright notice and disclaimer of the openEHR Warranty in the form found at the end of this notice; and give any other recipients and/or users of the Materials a copy of this Licence Document;
  2. where you modify, adapt, incorporate (in whole or part) the Materials or create a work (in any form) which is derived from the Materials (Modified Work) you must cause the Modified Work to carry a prominent notice stating that you changed the Materials and the date of the change in addition to the requirements of paragraph 1 immediately above.
  3. on each occasion on which you supply the Materials to a third party, you shall supply a copy of the provisions of this Free Commercial Use Licence to the third party. You may not impose any further restrictions on the third party with respect to the Materials.
  4. You may not Use the Materials or create a Modified Work except as expressly permitted by the provisions of this Free Commercial Use Licence. Any attempt otherwise to Use the Materials or create a Modified Work will automatically terminate your rights under this Free Commercial Use Licence.

Exclusion of warranties, etc

  1. The Materials are being provided as a service to the academic and health-care communities and on a non-commercial basis and without charge by the openEHR Foundation. Accordingly, to the fullest extent permitted under applicable law, the openEHR Foundation accepts no liability and offers no warranties in relation to the Materials or their content.
  2. Without prejudice to the generality of the foregoing paragraph, the Materials provided under this Free Commercial Use Licence are provided 'as is' and without any express or implied warranties, representations or undertakings. As examples, but without limiting the foregoing, the openEHR Foundation does not give any warranty that the Materials do not infringe third party rights, are of merchantable or satisfactory quality, are fit for any particular purpose, or comply with any statement, demonstration or model provided or supplied by the openEHR Foundation.
  3. The entire risk as to the quality and performance of the Materials is with you. Should the Materials prove defective, you assume the cost of all necessary servicing, repair or correction.
  4. In no event, unless required by law or agreed to in writing, will the openEHR Foundation or any other party who may Use or creates a Modified Work as permitted above, be liable to you for damages, including any general, special, incidental or consequential damages arising out of the use or inability to use the Materials (including but not limited to loss of data, data being rendered inaccurate, losses being sustained by you or third parties, or a failure of the Materials to operate with any other software), even if openEHR or such other party has been advised of the possibility of such damages.

openEHR Warranty

This [software][documentation] incorporates the work of the openEHR Foundation, and in particular [name the document, specification, software], version [insert version number].
© 200[4] openEHR Foundation This [software][documentation] is [free] [software][documentation]; you can redistribute it and/or modify it only under the terms of the openEHR Public Licence or Free Commercial Use Licence as published by the openEHR Foundation.

The [software][documentation] is distributed in the hope that it will be useful, but it is distributed without any warranty, without even the implied warranty of satisfactory quality, merchantability or fitness for a particular purpose or any particular purpose. Without prejudice to the previous sentence, the use of or the incorporation of the openEHR Foundation [document, specification, software] in the [software][documentation] shall not imply or mean conformance with any openEHR Foundation specification, or certification or approval by the openEHR Foundation. No certification marks, trademarks or other special designations to indicate compliance with this [software][documentation] may be used without the explicit authorisation of the openEHR Foundation.

Please consult the openEHR Public License or the Free Commercial Use License for more details.

You should have received a copy of the openEHR Public License and Free Commercial use License with this [software][documentation]. If not, please visit the openEHR website.

openEHR Open Source Software License

The openEHR Foundation uses the Mozilla Tri-license 1.1 on all software copyrighted to the Foundation. This licence essentially provides the user a choice of licence conditions under which to operate with any given piece of software, being: the Mozilla Public licence (MPL), and the Free Software Foundation Gnu Public Licence (GPL) and Lesser Gnu Public Licence (LGPL). See the Mozilla relicensing FAQ for details of this license. This in no way constrains the way in which software created by other organisations is licenced.

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