REGULATIONS of the Hack(art)hon
– Hackathon of the Open Zachęta project
1. The Regulations set forth the terms and conditions, the mode of application and the rules according to which the event called “Hack(art)hon” – hackathon of the Open Zachęta project (hereinafter referred to as “Hackathon”) will be held.
2. The Hackathon is implemented within the framework of the project “Open Zachęta. Digitization and access to Polish contemporary art resources from the collection of the Zachęta National Gallery of Art and the construction of IT tools, development of competencies of cultural personnel, animation and promotion for the use and processing of digital cultural resources for educational, scientific and creative purposes” co-financed by the European Union from the European Regional Development Fund under Priority Axis II: E-government and open government 2.3: Digital accessibility and usability of public sector information of the Operational Programme Digital Poland 2014-2020 (POPC Project).
3. The organizers of the Hackathon are:
– Fundacja Centrum Cyfrowe with its registered office in Warsaw, 24/2 Chmielna St., 00-020, District Court for the Capital City of Warsaw, XII Economic Department of the National Court Register, KRS: 0000581817, REGON 362801136, NIP 5252633078;
– Zachęta – National Gallery of Art with registered office in Warsaw, pl. Małachowskiego 3, 00-916, NIP: 526 025 12 10;
– The Society for the Encouragement of Fine Arts with its registered office in Warsaw, pl. Małachowskiego 3, 00-916, KRS 0000165010, REGON 012033869, NIP 5252265611;
(hereinafter referred to as the “Organizer”).
4. The contractor of the Hackathon is Mentors4Starters Foundation, ul.Zwierzyniecka 6/122, 00-719 Warsaw, KRS 0000607680, REGON 363975832, NIP 5272763401 (hereinafter referred to as “Contractor”).
5. The Hackathon will be held from 19-24.09.2022.
II. Terms and conditions of participation
1. Participation in the Hackathon is free of charge and voluntary. The Organizer does not cover and does not reimburse the costs of participation in the Hackathon, nor the costs of travel or accommodation.
2. Employees of the Organizer, Partners, Contractor, or members of their families may not participate in the Hackathon as participants.
3. Participants and Participants during the Hackathon create prototypes of technological solutions in the form of working software or a fragment thereof and/or a prototype in the form of a functional mock-up according to the challenges announced by the Organizer, hereinafter referred to as “Projects”, aiming to:
a. creating ideas/prototypes of educational tools based on the Open Zachęta Project’s open API;
b. making digital cultural heritage more accessible to people with disabilities;
c. sharing best practices for collaboration and implementation of IT projects in cultural institutions.
4. The technology of project implementation is free, subject to II. p. 5.
5. As a condition for taking part in the competition classification, the Organizer is required to grant a Creative Commons CC BY-SA 4.0 (Attribution-Share – Alike 4.0 International) license for works that are not software and a GNU Affero General Public License, version 3 for works that are software.
6. Participants may not create Projects that violate the law, use prohibited content or infringe on the rights of third parties.
7. Each member of the Team is obliged to declare:
- being at least 18 years old;
- contentoftheRegulationsandacceptanceoftheconditionscontained therein;
- getting familiar and acquaintance with the information clause on the processing of personal data;
- consenttotheprocessingofimagebytheOrganizerandContractorfor the purpose of organization and promotion of the event and its results (information about the results of the work) by the Organizer and Contractor;
- compliance of the data contained in the registration form with the facts.
8. Failure to submit the declarations referred to in Section 7 prevents effective registration.
III. Application rules
1. Participants of the Hackathon may only be natural persons of full legal age:
- having full legal capacity,
- having knowledge and skills in at least one of the following areas:
- ● UX/UI designer
- ● graphic designer
- ● IT manager
- ● programmer
- ● tester
- ● employee of a GLAM institution
- ● educator
- ● data provider
- ● digital humanist
- ● artist
- ● wikipedist/ka, wikimedian/ka
- ● other/other professional(s) interested in bringing out the best side of cultural heritage online. 2. Recruitment for participation in the Hackathon takes place via the website www.hackarthon.pl by filling out an online form.
3. Recruitment of participants within the submitted teams will last from 21.08.2022 to 8.09.2022 until 23:59, unless otherwise decided by the Organizer.
4. Participants can register only individually, however, each registrant may indicate another Participant with whom he/she would like to work in the Team. 5. Work during the Hackathon will be conducted in Teams of approximately 5 people.
6. The Organizer and the Contractor reserve the right to determine the final composition of each Team. 7. A participant may work during the Hackathon only within one created Team.
8. The a.
b. c. d. e. f.
application will include the following data: first name (obligatory);
e-mail address (obligatory);
telephone number (obligatory);
country code (obligatory);
participant’s area of expertise (choose at least 1 of the following) (obligatory):
- ● UX/UI designer
- ● graphic designer
- ● IT manager
- ● programmer
- ● tester
- ● employee of a GLAM institution
- ● educator
- ● data provider
- ● digital humanist
- ● artist
- ● wikipedian, wikimedian
- ● other/other specialist interested in bringing out the best side of cultural heritage online
- ● other (field to be filled in);
- information about years of experience in the above-mentioned area (obligatory);
- information about the participant’s areas of interest within the Hack(art)thon (choice of at least 1 of the following) (obligatory):
- ● UX/UI
- ● education
- ● accessibility
- ● creative use of collections
- ● programming
- ● other (field to be filled in);
- information about experience in the field of IT / humanities (open question) (obligatory);
- job title (optional);
- motivation to participate in the Hackathon (open question) (obligatory)
- name of the country of current residence (obligatory);
- preferred language of communication (choice of 1 of the following) (obligatory):
- ● English
- ● Polish
- ● I can work in both languages without any problem
- ● other (what) (field to be filled in);
- preferred other team members (field to be filled in) (optional);
- source of information about the Hackathon (choose at least 1 of the following) (obligatory):
- ● social media
- ● article
- ● from the organizer
- ● from a mentor
- ● from a friend
- ● from another source (what source) (field to be filled in);
- description of the needs of participants with disabilities (open question) (optional);
- submission of the statements referred to in Section II.7.
9. Completion and submission of the recruitment form is tantamount to acceptance of these Regulations.
10. Sending the form is not tantamount to qualifying for participation in the Hackathon.
11. Qualification for participation in the Hackathon will be decided by the Organizer and the Contractor on the basis of the information contained in the application.
12. Qualified participants will be informed by email no later than 4 days before the start of the Hackathon at the email address and by text message based on the data indicated in the recruitment form.
13. The Organizer and the Contractor may create a reserve list of Teams. If a Team from the reserve list is allowed to participate in the Hackathon, the registered persons will receive the qualification decision by e-mail to the e-mail address provided in the registration form (without observing the 4-day deadline referred to in III. p. 12.
IV. Course of the Hackathon
1. Stage I will take place between September 19-23, 2022 online on the platform indicated by the Contractor and will consist of remote work of the Teams on the selected projects from 17:00 – 20:30 on September 19-23, 2022. 2. Stage II will be held on September 24, 2022 from 10:00 – 16:30 in a hybrid version – online and at the headquarters of the Zachęta – National Gallery of Art at pl. Małachowskiego 3, 00-916 in Warsaw. The purpose of this stage will be to present the concepts developed by the Teams and announce the winners of the prizes.
3. The detailed program of the Hackathon is published on the website www.hackarthon.pl.
4. The Hackathon will be conducted entirely in English.
5. During the Hackathon, the Organizer will provide participants with:
- access to the resource base of Zachęta – National Gallery of Art and details of access to the resource base of Europeana;
- support of mentors;
- access to all organizational information during the Hackathon.
6. To the participants present at the headquarters of the Zachęta – National Gallery of Art at pl. Małachowskiego 3, 00-916 in Warsaw on the day of the presentation of the Projects on September 24, 2022, the Organizer provides:
- Internet access via a secured Wi-Fi wireless network;
- electrical power supply;
- a multimedia projector together with a computer and necessary software for the presentation of the Projects,
- catering in the form of hot drinks, soft drinks and snacks.
7. For the rest, Participants are required to use their own resources, especially software and other necessary tools and equipment.
V. Contest and prizes
1. The Hackathon will include a competition to create the best Projects.
2. The best Projects will be awarded according to the evaluation of the competition committee (hereinafter: Jury).
3. The Organizer will distribute prizes with a total pool of EUR 10,000 gross.
4. On September 24, during the pitching session of the Projects, the Organizer will select 3 Projects to be awarded.
5. To the best Teams selected in Stage II, the Organizer will distribute the following cash prizes of a total amount: EUR 10,000 gross (less applicable tax):
- ● for 1st place 5,000 EUR gross per Team;
- ● for II place 3,000 EUR gross per Team;
- ● for 3rd place 2,000 EUR gross per Team. 6. Receipt of prizes will be confirmed by a receipt protocol.
7. Payment of prizes will be made within 30 days from the date of announcement of the results. The Organizer will contact the Winners by email in order to obtain the information necessary to transfer the prize, including the bank account number.
8. Each prize will be divided by the Organizer equally among the Participants of each of the winning teams according to the amounts due for the places indicated in Section 5.
9. Tax due on the prizes will be paid by the Organizer.
10. The Organizer may award other prizes in addition to the main prizes in the form of honorable mentions. VI. Jury
1. The Organizer will appoint a Jury consisting of representatives of the Organizer and external experts.
2. The Jury’s task is to select the winners of the Hackathon and decide on the distribution of prizes and possible distinctions.
3.The evaluation criteria based on which the Jury will award points to individual Projects will be published on the Hackathon website www.hackarthon.pl by August 30, 2022.
4. The Jury’s decisions are final.
VII. Selection of Winners
1. Upon completion of their work, the Teams shall present the Project before the Jury on September 24, 2022 online or at the headquarters of the Zachęta – National Gallery of Art at pl. Małachowskiego 3, 00-916 in Warsaw.
2. Participants present Projects in the order indicated by the Jury.
3. The Project presentation should last up to 8 minutes and be prepared according to the format proposed by the Organizer and the Contractor.
4. Each Team should present prototypes of technological solutions in the form of working software or its fragment and/or prototype in the form of functional mock-up according to the challenges announced by the Organizer. 5. It is not permissible to use during the Hackathon the Projects prepared by the Hackathon Participants before the start of the Hackathon.
6. The Project submitted for evaluation must be based on the Participants’ own work operating in the created Teams. It is not allowed to use external assistance available other than that provided by the Organizer or Contractor. 7. In case of objections to the execution of a given Project, in accordance with the rules specified in the Regulations, the Commission reserves the right to verify the manner in which the Project was created.
8. The results of the Hackathon will be announced after the end of the presentation of the Projects on September 24, 2022, and will also be published by September 26, 2019 on the event website.
9. Each Team should present a working software, its fragment and/or prototype in the form of a functional mockup (Project).
1. Participants guarantee that the projects completed during the Hackathon are their authorship or co-authorship (in the case of teamwork) and do not violate any third party rights.
2. The Participant grants the Organizer permission to use any photographs showing the Projects created during the Hackathon for internal and promotional purposes, including on the Organizer’s website.
3. The Participant is responsible to the Organizer for any legal defects of the Projects, and in particular for any possible claims of third parties resulting from the violation of copyright and other rights of third parties, in particular with regard to the legality of the software and tools used to create the Project. In the event that claims are made against the Organizer on this account, the Participant undertakes to satisfy them in full and to release the Organizer from its obligation to provide benefits.
4. Upon submission of the Projects to the Organizer for evaluation by the Selection Committee, Participants grant to their Projects the Creative Commons CC BY-SA 4.0 (Attribution-Share – Alike 4.0 International) license for works that are not software. The CC BY-SA 4.0 license allows sharing, i.e. copying and distributing the work in any medium and format, as well as adaptations, i.e. remixing and altering content created from the work for any purpose, including commercial. When remixing, transforming or creating on the basis of a work, you must distribute your work under the same license as the original. The transformed work must be properly labeled, provide a link to the license and indicate the changes, if any, made to it.
5. At the moment of submitting the Projects to the Organizer for evaluation by the Contest Committee, Participants grant the GNU Affero General Public License, version 3 for their Projects that are software. The GNU General Public License, version 3, abbreviated as AGPL, is a free copyleft license, the purpose of which is to obligate services available on the web to publish their source code.
6. The organizer on the basis of open licenses plans to implement the designed solutions.
7. Participants are obliged to fulfill their obligations under the license by including a license note in the code with the contents attached as Appendix 1 and 2 to the Regulations.
IX. Personal information
1. The hackathon is carried out within the framework of the project “Open Zachęta. Digitization and access to Polish contemporary art resources from the collection of the Zachęta National Gallery of Art and the construction of IT tools, development of competence of cultural personnel, animation and promotion for the use and processing of digital cultural resources for
educational, scientific and creative purposes” co-financed by the European Union from the European Regional Development Fund under Priority Axis II: E-government and open government 2. 3: Digital accessibility and usability of public sector information of the Operational Programme Digital Poland 2014-2020. Therefore, the administrator of the personal data provided by the Hackathon Participants is the Minister responsible for regional development acting as the Managing Authority for the Operational Programme Digital Poland 2014-2020, located at Wspólna 2/4, 00-926 Warsaw.
2. The personal data has been entrusted for processing to the Intermediate Body, i.e. Centrum Projektów Cyfrowa Polska, 13a Spokojna St., 01-044 Warsaw, to the project beneficiary: Zachęta – Narodowa Galeria Sztuki, Pl. Małachowskiego 3, 00-916 Warsaw, to the project partner: Funkcją Centrum Cyfrowe, 24/2 Chmielna St., 00-020 Warsaw, and entities that participate in the implementation of the project on behalf of the beneficiary.
3. The processing of the provided personal data is lawful and meets the conditions referred to in Article 6 (1) (c) and Article 9 (2) (g) of the Regulation of the European Parliament and of the Council (EU) 2016/679 – personal data are necessary for the implementation of the Operational Programme Digital Poland 2014-2020 (POPC).
4. Personal data of Participants will be processed only for the purpose of implementation of the “Open Zachęta” project.
5. The transferred personal data will not be transferred to a third country or international organization.
6. The transferred personal data will not be subjected to automated decision-making.
7. The data is provided by the data subjects voluntarily, nevertheless, with regard to participation in the Hackathon, it is not possible without providing it. 8. The Data Protection Officer can be contacted by sending an email to the email address: firstname.lastname@example.org or the project partner’s email address: email@example.com.
9. Taking part in the Hackathon entails acceptance of the statement of familiarization with the information obligations of the final recipient and the Project Personnel of the Beneficiary, which includes the full information clause on the processing of personal data within the framework of the project.
1. The Organizer shall not be liable for any property or non-property damage suffered by the Participant as a result of taking part in the Hackathon or as a result of and in connection with the award or non-award of the prize.
2. The Participant shall be fully and solely responsible in the event that his/her Project violates the rights of third parties or generally applicable laws.
3. Each Participant undertakes to enter into a dispute in place of the Organizer, or to act jointly with the Organizer through legal or settlement proceedings, in the event that a third party makes a claim or demand against the Organizer for infringement of its rights in connection with the submission of a Project within the Hackathon.
4. The Participant agrees to reimburse the Organizer for expenses including legal fees incurred by the Organizer as a result of the claim or demand referred to above, as established by a final court judgment, final administrative decision or written settlement.
5. The Organizer shall immediately notify the Participant if a third party makes a claim or demand described above against the Organizer.
6. The Organizer of the Hackathon is not responsible for the Participant’s inability to collect the prize for reasons attributable to the Participant.
XI. Image of the Participant
1. The Participant, together with the start of participation in the Hackathon, agrees that the Organizer may record his/her image during the Hackathon in the form of photographs and audiovisual materials.
2. The Organizer has the right, unlimited in time and space, to use the photographs and audiovisual materials recorded during the Hackathon for the purpose related to the statutory activities of the Organizer, in particular by publishing the above on its own websites, social media and its own information channels.
XII. Final provisions
1. The Regulations of the Hackathon will be available from the start of the recruitment of Participants on the website : www.hackarthon.pl.
2. The Regulations shall enter into force on the day they are published on the website.
3. The Organizer reserves the right to amend the Regulations.
4. Amendments made to the Regulations shall become effective upon publication of the new version of the Regulations on the website.
5. The Organizer reserves the right to cancel or postpone the date of the Hackathon or implement it completely online.
6. By applying for and participating in the Hackathon, the Participant agrees to comply with the Regulations, waiving any claims against the Organizer.
7. Violation by the Participants of the Hackathon of any of the provisions of the Regulations, in particular providing false personal data, violation of the law or generally accepted rules of social life in connection with participation in the Hackathon entitles the Organizers to exclude the Participant from the Hackathon along with loss of the right to the prize.
APPENDIX NO. 1
CONTENT OF THE CREATIVE COMMONS ATTRIBUTION LICENSE NOTICE – UNDER THE SAME TERMS 4.0 INTERNATIONAL PUBLIC LICENSE (CC BY-SA 4.0)
[Author], CC BY-SA 4.0 (https://creativecommons.org/licenses/by-sa/4.0/legalcode)
Creative Commons Attribution-ShareAlike 4.0 International Public License
By exercising the Licensed Rights (defined below), You accept and agree to be bound by the terms and conditions of this Creative Commons Attribution-ShareAlike 4.0 International Public License (“Public License”). To the extent this Public License may be interpreted as a contract, You are granted the Licensed Rights in consideration of Your acceptance of these terms and conditions, and the Licensor grants You such rights in consideration of benefits the Licensor receives from making the Licensed Material available under these terms and conditions.
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- Adapter’s License means the license You apply to Your Copyright and Similar Rights in Your contributions to Adapted Material in accordance with the terms and conditions of this Public License.
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rights specified in Section 2(b)(1)-(2) are not Copyright and Similar Rights.
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hereby grants You a worldwide, royalty-free, non-sublicensable, non-exclusive, irrevocable license to exercise the Licensed Rights in the Licensed Material to:
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In addition to the conditions in Section 3(a), if You Share Adapted Material
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APPENDIX NO. 2
CONTENTS OF THE LICENSE NOTE
GNU AFFERO GENERAL PUBLIC LICENSE
Copyright © 2007 Free Software Foundation, Inc. <https://fsf.org/>
Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.
The GNU Affero General Public License is a free, copyleft license for software and other kinds of works, specifically designed to ensure cooperation with the community in the case of network server software.
The licenses for most software and other practical works are designed to take away your freedom to share and change the works. By contrast, our General Public Licenses are intended to guarantee your freedom to share and change all versions of a program–to make sure it remains free software for all its users.
When we speak of free software, we are referring to freedom, not price. Our General Public Licenses are designed to make sure that you have the freedom to distribute copies of free software (and charge for them if you wish), that you receive source code or can get it if you want it, that you can change the software or use pieces of it in new free programs, and that you know you can do these things.
Developers that use our General Public Licenses protect your rights with two steps: (1) assert copyright on the software, and (2) offer you this License which gives you legal permission to copy, distribute and/or modify the software.
A secondary benefit of defending all users’ freedom is that improvements made in alternate versions of the program, if they receive widespread use, become available for other developers to incorporate. Many developers of free software are heartened and encouraged by the resulting cooperation. However, in the case of software used on network servers, this result may fail to come about. The GNU General Public License permits making a modified version and letting the public access it on a server without ever releasing its source code to the public.
The GNU Affero General Public License is designed specifically to ensure that, in such cases, the modified source code becomes available to the community. It requires the operator of a network server to provide the source code of the modified version running there to the users of that server. Therefore, public use of a modified version, on a publicly accessible server, gives the public access to the source code of the modified version.
An older license, called the Affero General Public License and published by Affero, was designed to accomplish similar goals. This is a different license, not a version of the Affero GPL, but Affero has released a new version of the Affero GPL which permits relicensing under this license.
The precise terms and conditions for copying, distribution and modification follow. TERMS AND CONDITIONS
“This License” refers to version 3 of the GNU Affero General Public License.
“Copyright” also means copyright-like laws that apply to other kinds of works, such as semiconductor masks.
“The Program” refers to any copyrightable work licensed under this License. Each licensee is addressed as “you”. “Licensees” and “recipients” may be individuals or organizations.
To “modify” a work means to copy from or adapt all or part of the work in a fashion requiring copyright permission, other than the making of an exact copy. The resulting work is called a “modified version” of the earlier work or a work “based on” the earlier work.
A “covered work” means either the unmodified Program or a work based on the Program.
To “propagate” a work means to do anything with it that, without permission, would make you directly or secondarily liable for infringement under applicable copyright law, except executing it on a computer or modifying a private copy. Propagation includes copying, distribution (with or without modification), making available to the public, and in some countries other activities as well.
To “convey” a work means any kind of propagation that enables other parties to make or receive copies. Mere interaction with a user through a computer network, with no transfer of a copy, is not conveying.
An interactive user interface displays “Appropriate Legal Notices” to the extent that it includes a convenient and prominently visible feature that (1) displays an appropriate copyright notice, and (2) tells the user that there is no warranty for the work (except to the extent that warranties are provided), that licensees may convey the work under this License, and how to view a copy of this License. If the interface presents a list of user commands or options, such as a menu, a prominent item in the list meets this criterion.
1. Source Code.
The “source code” for a work means the preferred form of the work for making modifications to it. “Object code” means any non-source form of a work.
A “Standard Interface” means an interface that either is an official standard defined by a recognized standards body, or, in the case of interfaces specified for a particular programming language, one that is widely used among developers working in that language.
The “System Libraries” of an executable work include anything, other than the work as a whole, that (a) is included in the normal form of packaging a Major Component, but which is not part of that Major Component, and (b) serves only to enable use of the work with that Major Component, or to implement a Standard Interface for which an implementation is available to the public in source code form. A “Major Component”, in this context, means a major essential component (kernel, window system, and so on) of the specific operating system (if any) on which the executable work runs, or a compiler used to produce the work, or an object code interpreter used to run it.
The “Corresponding Source” for a work in object code form means all the source code needed to generate, install, and (for an executable work) run the object code and to modify the work, including scripts to control those activities. However, it does not include the work’s System Libraries, or general-purpose tools or generally available free programs which are used unmodified in performing those activities but which are not part of the work. For example, Corresponding Source includes interface definition files associated with source files for the work, and the source code for shared libraries and dynamically linked subprograms that the work is
specifically designed to require, such as by intimate data communication or control flow between those subprograms and other parts of the work.
The Corresponding Source need not include anything that users can regenerate automatically from other parts of the Corresponding Source.
The Corresponding Source for a work in source code form is that same work. 2. Basic Permissions.
All rights granted under this License are granted for the term of copyright on the Program, and are irrevocable provided the stated conditions are met. This License explicitly affirms your unlimited permission to run the unmodified Program. The output from running a covered work is covered by this License only if the output, given its content, constitutes a covered work. This License acknowledges your rights of fair use or other equivalent, as provided by copyright law.
You may make, run and propagate covered works that you do not convey, without conditions so long as your license otherwise remains in force. You may convey covered works to others for the sole purpose of having them make modifications exclusively for you, or provide you with facilities for running those works, provided that you comply with the terms of this License in conveying all material for which you do not control copyright. Those thus making or running the covered works for you must do so exclusively on your behalf, under your direction and control, on terms that prohibit them from making any copies of your copyrighted material outside their relationship with you.
Conveying under any other circumstances is permitted solely under the conditions stated below. Sublicensing is not allowed; section 10 makes it unnecessary.
3. Protecting Users’ Legal Rights From Anti-Circumvention Law.
No covered work shall be deemed part of an effective technological measure under any applicable law fulfilling obligations under article 11 of the WIPO copyright treaty adopted on 20 December 1996, or similar laws prohibiting or restricting circumvention of such measures.
When you convey a covered work, you waive any legal power to forbid circumvention of technological measures to the extent such circumvention is effected by exercising rights under this License with respect to the covered work, and you disclaim any intention to limit operation or modification of the work as a means of enforcing,
against the work’s users, your or third parties’ legal rights to forbid circumvention of technological measures.
4. Conveying Verbatim Copies.
You may convey verbatim copies of the Program’s source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice; keep intact all notices stating that this License and any non-permissive terms added in accord with section 7 apply to the code; keep intact all notices of the absence of any warranty; and give all recipients a copy of this License along with the Program.
You may charge any price or no price for each copy that you convey, and you may offer support or warranty protection for a fee.
5. Conveying Modified Source Versions.
You may convey a work based on the Program, or the modifications to produce it from the Program, in the form of source code under the terms of section 4, provided that you also meet all of these conditions:
a) The work must carry prominent notices stating that you modified it, and giving a relevant date.
b) The work must carry prominent notices stating that it is released under this License and any conditions added under section 7. This requirement modifies the requirement in section 4 to “keep intact all notices”.
c) You must license the entire work, as a whole, under this License to anyone who comes into possession of a copy. This License will therefore apply, along with any applicable section 7 additional terms, to the whole of the work, and all its parts, regardless of how they are packaged. This License gives no permission to license the work in any other way, but it does not invalidate such permission if you have separately received it.
d) If the work has interactive user interfaces, each must display Appropriate Legal Notices; however, if the Program has interactive interfaces that do not display Appropriate Legal Notices, your work need not make them do so.
A compilation of a covered work with other separate and independent works, which are not by their nature extensions of the covered work, and which are not combined with it such as to form a larger program, in or on a volume of a storage or distribution medium, is called an “aggregate” if the compilation and its resulting copyright are not used to limit the access or legal rights of the compilation’s users beyond what the
individual works permit. Inclusion of a covered work in an aggregate does not cause this License to apply to the other parts of the aggregate.
6. Conveying Non-Source Forms.
You may convey a covered work in object code form under the terms of sections 4 and 5, provided that you also convey the machine-readable Corresponding Source under the terms of this License, in one of these ways:
a) Convey the object code in, or embodied in, a physical product (including a physical distribution medium), accompanied by the Corresponding Source fixed on a durable physical medium customarily used for software interchange.
b) Convey the object code in, or embodied in, a physical product (including a physical distribution medium), accompanied by a written offer, valid for at least three years and valid for as long as you offer spare parts or customer support for that product model, to give anyone who possesses the object code either (1) a copy of the Corresponding Source for all the software in the product that is covered by this License, on a durable physical medium customarily used for software interchange, for a price no more than your reasonable cost of physically performing this conveying of source, or (2) access to copy the Corresponding Source from a network server at no charge.
c) Convey individual copies of the object code with a copy of the written offer to provide the Corresponding Source. This alternative is allowed only occasionally and noncommercially, and only if you received the object code with such an offer, in accord with subsection 6b.
d) Convey the object code by offering access from a designated place (gratis or for a charge), and offer equivalent access to the Corresponding Source in the same way through the same place at no further charge. You need not require recipients to copy the Corresponding Source along with the object code. If the place to copy the object code is a network server, the Corresponding Source may be on a different server (operated by you or a third party) that supports equivalent copying facilities, provided you maintain clear directions next to the object code saying where to find the Corresponding Source. Regardless of what server hosts the Corresponding Source, you remain obligated to ensure that it is available for as long as needed to satisfy these requirements.
e) Convey the object code using peer-to-peer transmission, provided you inform other peers where the object code and Corresponding Source of the work are being offered to the general public at no charge under subsection 6d.
A separable portion of the object code, whose source code is excluded from the Corresponding Source as a System Library, need not be included in conveying the object code work.
A “User Product” is either (1) a “consumer product”, which means any tangible personal property which is normally used for personal, family, or household purposes, or (2) anything designed or sold for incorporation into a dwelling. In determining whether a product is a consumer product, doubtful cases shall be resolved in favor of coverage. For a particular product received by a particular user, “normally used” refers to a typical or common use of that class of product, regardless of the status of the particular user or of the way in which the particular user actually uses, or expects or is expected to use, the product. A product is a consumer product regardless of whether the product has substantial commercial, industrial or non-consumer uses, unless such uses represent the only significant mode of use of the product.
“Installation Information” for a User Product means any methods, procedures, authorization keys, or other information required to install and execute modified versions of a covered work in that User Product from a modified version of its Corresponding Source. The information must suffice to ensure that the continued functioning of the modified object code is in no case prevented or interfered with solely because modification has been made.
If you convey an object code work under this section in, or with, or specifically for use in, a User Product, and the conveying occurs as part of a transaction in which the right of possession and use of the User Product is transferred to the recipient in perpetuity or for a fixed term (regardless of how the transaction is characterized), the Corresponding Source conveyed under this section must be accompanied by the Installation Information. But this requirement does not apply if neither you nor any third party retains the ability to install modified object code on the User Product (for example, the work has been installed in ROM).
The requirement to provide Installation Information does not include a requirement to continue to provide support service, warranty, or updates for a work that has been modified or installed by the recipient, or for the User Product in which it has been modified or installed. Access to a network may be denied when the modification itself materially and adversely affects the operation of the network or violates the rules and protocols for communication across the network.
Corresponding Source conveyed, and Installation Information provided, in accord with this section must be in a format that is publicly documented (and with an implementation available to the public in source code form), and must require no special password or key for unpacking, reading or copying.
7. Additional Terms.
“Additional permissions” are terms that supplement the terms of this License by making exceptions from one or more of its conditions. Additional permissions that are applicable to the entire Program shall be treated as though they were included in this License, to the extent that they are valid under applicable law. If additional permissions apply only to part of the Program, that part may be used separately under those permissions, but the entire Program remains governed by this License without regard to the additional permissions.
When you convey a copy of a covered work, you may at your option remove any additional permissions from that copy, or from any part of it. (Additional permissions may be written to require their own removal in certain cases when you modify the work.) You may place additional permissions on material, added by you to a covered work, for which you have or can give appropriate copyright permission.
Notwithstanding any other provision of this License, for material you add to a covered work, you may (if authorized by the copyright holders of that material) supplement the terms of this License with terms:
a) Disclaiming warranty or limiting liability differently from the terms of sections 15 and 16 of this License; or
b) Requiring preservation of specified reasonable legal notices or author attributions in that material or in the Appropriate Legal Notices displayed by works containing it; or
c) Prohibiting misrepresentation of the origin of that material, or requiring that modified versions of such material be marked in reasonable ways as different from the original version; or
d) Limiting the use for publicity purposes of names of licensors or authors of the material; or
e) Declining to grant rights under trademark law for use of some trade names, trademarks, or service marks; or
f) Requiring indemnification of licensors and authors of that material by anyone who conveys the material (or modified versions of it) with contractual assumptions of liability to the recipient, for any liability that these contractual assumptions directly impose on those licensors and authors.
All other non-permissive additional terms are considered “further restrictions” within the meaning of section 10. If the Program as you received it, or any part of it, contains a notice stating that it is governed by this License along with a term that is a further restriction, you may remove that term. If a license document contains a further restriction but permits relicensing or conveying under this License, you may add to a covered work material governed by the terms of that license document, provided that the further restriction does not survive such relicensing or conveying.
If you add terms to a covered work in accord with this section, you must place, in the relevant source files, a statement of the additional terms that apply to those files, or a notice indicating where to find the applicable terms.
Additional terms, permissive or non-permissive, may be stated in the form of a separately written license, or stated as exceptions; the above requirements apply either way.
You may not propagate or modify a covered work except as expressly provided under this License. Any attempt otherwise to propagate or modify it is void, and will automatically terminate your rights under this License (including any patent licenses granted under the third paragraph of section 11).
However, if you cease all violation of this License, then your license from a particular copyright holder is reinstated (a) provisionally, unless and until the copyright holder explicitly and finally terminates your license, and (b) permanently, if the copyright holder fails to notify you of the violation by some reasonable means prior to 60 days after the cessation.
Moreover, your license from a particular copyright holder is reinstated permanently if the copyright holder notifies you of the violation by some reasonable means, this is the first time you have received notice of violation of this License (for any work) from that copyright holder, and you cure the violation prior to 30 days after your receipt of the notice.
Termination of your rights under this section does not terminate the licenses of parties who have received copies or rights from you under this License. If your rights have been terminated and not permanently reinstated, you do not qualify to receive new licenses for the same material under section 10.
9. Acceptance Not Required for Having Copies.
You are not required to accept this License in order to receive or run a copy of the Program. Ancillary propagation of a covered work occurring solely as a consequence of using peer-to-peer transmission to receive a copy likewise does not require acceptance. However, nothing other than this License grants you permission to propagate or modify any covered work. These actions infringe copyright if you do not accept this License. Therefore, by modifying or propagating a covered work, you indicate your acceptance of this License to do so.
10. Automatic Licensing of Downstream Recipients.
Each time you convey a covered work, the recipient automatically receives a license from the original licensors, to run, modify and propagate that work, subject to this License. You are not responsible for enforcing compliance by third parties with this License.
An “entity transaction” is a transaction transferring control of an organization, or substantially all assets of one, or subdividing an organization, or merging organizations. If propagation of a covered work results from an entity transaction, each party to that transaction who receives a copy of the work also receives whatever licenses to the work the party’s predecessor in interest had or could give under the previous paragraph, plus a right to possession of the Corresponding Source of the work from the predecessor in interest, if the predecessor has it or can get it with reasonable efforts.
You may not impose any further restrictions on the exercise of the rights granted or affirmed under this License. For example, you may not impose a license fee, royalty, or other charge for exercise of rights granted under this License, and you may not initiate litigation (including a cross-claim or counterclaim in a lawsuit) alleging that any patent claim is infringed by making, using, selling, offering for sale, or importing the Program or any portion of it.
A “contributor” is a copyright holder who authorizes use under this License of the Program or a work on which the Program is based. The work thus licensed is called the contributor’s “contributor version”.
A contributor’s “essential patent claims” are all patent claims owned or controlled by the contributor, whether already acquired or hereafter acquired, that would be infringed by some manner, permitted by this License, of making, using, or selling its contributor version, but do not include claims that would be infringed only as a
consequence of further modification of the contributor version. For purposes of this definition, “control” includes the right to grant patent sublicenses in a manner consistent with the requirements of this License.
Each contributor grants you a non-exclusive, worldwide, royalty-free patent license under the contributor’s essential patent claims, to make, use, sell, offer for sale, import and otherwise run, modify and propagate the contents of its contributor version.
In the following three paragraphs, a “patent license” is any express agreement or commitment, however denominated, not to enforce a patent (such as an express permission to practice a patent or covenant not to sue for patent infringement). To “grant” such a patent license to a party means to make such an agreement or commitment not to enforce a patent against the party.
If you convey a covered work, knowingly relying on a patent license, and the Corresponding Source of the work is not available for anyone to copy, free of charge and under the terms of this License, through a publicly available network server or other readily accessible means, then you must either (1) cause the Corresponding Source to be so available, or (2) arrange to deprive yourself of the benefit of the patent license for this particular work, or (3) arrange, in a manner consistent with the requirements of this License, to extend the patent license to downstream recipients. “Knowingly relying” means you have actual knowledge that, but for the patent license, your conveying the covered work in a country, or your recipient’s use of the covered work in a country, would infringe one or more identifiable patents in that country that you have reason to believe are valid.
If, pursuant to or in connection with a single transaction or arrangement, you convey, or propagate by procuring conveyance of, a covered work, and grant a patent license to some of the parties receiving the covered work authorizing them to use, propagate, modify or convey a specific copy of the covered work, then the patent license you grant is automatically extended to all recipients of the covered work and works based on it.
A patent license is “discriminatory” if it does not include within the scope of its coverage, prohibits the exercise of, or is conditioned on the non-exercise of one or more of the rights that are specifically granted under this License. You may not convey a covered work if you are a party to an arrangement with a third party that is in the business of distributing software, under which you make payment to the third party based on the extent of your activity of conveying the work, and under which the
third party grants, to any of the parties who would receive the covered work from you, a discriminatory patent license (a) in connection with copies of the covered work conveyed by you (or copies made from those copies), or (b) primarily for and in connection with specific products or compilations that contain the covered work, unless you entered into that arrangement, or that patent license was granted, prior to 28 March 2007.
Nothing in this License shall be construed as excluding or limiting any implied license or other defenses to infringement that may otherwise be available to you under applicable patent law.
12. No Surrender of Others’ Freedom.
If conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot convey a covered work so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not convey it at all. For example, if you agree to terms that obligate you to collect a royalty for further conveying from those to whom you convey the Program, the only way you could satisfy both those terms and this License would be to refrain entirely from conveying the Program.
13. Remote Network Interaction; Use with the GNU General Public License.
Notwithstanding any other provision of this License, if you modify the Program, your modified version must prominently offer all users interacting with it remotely through a computer network (if your version supports such interaction) an opportunity to receive the Corresponding Source of your version by providing access to the Corresponding Source from a network server at no charge, through some standard or customary means of facilitating copying of software. This Corresponding Source shall include the Corresponding Source for any work covered by version 3 of the GNU General Public License that is incorporated pursuant to the following paragraph.
Notwithstanding any other provision of this License, you have permission to link or combine any covered work with a work licensed under version 3 of the GNU General Public License into a single combined work, and to convey the resulting work. The terms of this License will continue to apply to the part which is the covered work, but the work with which it is combined will remain governed by version 3 of the GNU General Public License.
14. Revised Versions of this License.
The Free Software Foundation may publish revised and/or new versions of the GNU Affero General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns.
Each version is given a distinguishing version number. If the Program specifies that a certain numbered version of the GNU Affero General Public License “or any later version” applies to it, you have the option of following the terms and conditions either of that numbered version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of the GNU Affero General Public License, you may choose any version ever published by the Free Software Foundation.
If the Program specifies that a proxy can decide which future versions of the GNU Affero General Public License can be used, that proxy’s public statement of acceptance of a version permanently authorizes you to choose that version for the Program.
Later license versions may give you additional or different permissions. However, no additional obligations are imposed on any author or copyright holder as a result of your choosing to follow a later version.
15. Disclaimer of Warranty.
THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
16. Limitation of Liability.
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MODIFIES AND/OR CONVEYS THE PROGRAM 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 PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED
INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
17. Interpretation of Sections 15 and 16.
If the disclaimer of warranty and limitation of liability provided above cannot be given local legal effect according to their terms, reviewing courts shall apply local law that most closely approximates an absolute waiver of all civil liability in connection with the Program, unless a warranty or assumption of liability accompanies a copy of the Program in return for a fee.
END OF TERMS AND CONDITIONS
How to Apply These Terms to Your New Programs
If you develop a new program, and you want it to be of the greatest possible use to the public, the best way to achieve this is to make it free software which everyone can redistribute and change under these terms.
To do so, attach the following notices to the program. It is safest to attach them to the start of each source file to most effectively state the exclusion of warranty; and each file should have at least the “copyright” line and a pointer to where the full notice is found.
<one line to give the program’s name and a brief idea of what it does.> Copyright (C) <year> <name of author>
This program is free software: you can redistribute it and/or modify it under the terms of the GNU Affero General Public License as published by the Free Software Foundation, either version 3 of the License, or (at your option) any later version.
This program is distributed in the hope that it will be useful,
but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU Affero General Public License for more details.
You should have received a copy of the GNU Affero General Public License along with this program. If not, see <https://www.gnu.org/licenses/>.
Also add information on how to contact you by electronic and paper mail.
If your software can interact with users remotely through a computer network, you should also make sure that it provides a way for users to get its source. For example, if your program is a web application, its interface could display a “Source” link that leads users to an archive of the code. There are many ways you could offer source, and different solutions will be better for different programs; see section 13 for the specific requirements.
You should also get your employer (if you work as a programmer) or school, if any, to sign a “copyright disclaimer” for the program, if necessary. For more information on this, and how to apply and follow the GNU AGPL, see <https://www.gnu.org/licenses/>.