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Name GPL for Computer Programs of the Public Administration
URL http://www.celepar.pr.gov.br/modules/conteudo/conteudo.php?conteudo=69
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License text

GPL -PA
GENERAL PUBLIC LICENSE
FOR COMPUTER PROGRAMS
OF THE PUBLIC ADMINISTRATION

Version 1.1
May 30th, 2005

PRINCIPLES

NOTE: These principles are not a part of the licensing agrement for
the GPL-PA (General Public License for Computer Programs for the
Public Administration) They have a merely informative nature and have
the objective of guiding the interpretation of this LICENSE.

This license:

1.Establishes licensing norms for use, publication, distribution,
reproduction and alterations for computer programs that are property
of the Public Administration, in view of principles of legality and of
the quality of being public present in article 37, head paragraph, of
the Federal Constitution of 1988 and article 27, head paragraph, of
the Constitution of the State of Paraná.

2.Guarantees that any interested person may use, publish, distribute,
reproduce or alter the PROGRAM hereby licensed, so that it fosters
technical training, in the terms of articles 6, 205, 206, ll of the
Federal Constitution of 1988, of article 203 of the Constitution of
the State of Paraná and of articles 2 and 4 of Law 7.23284 (National
Policy for Information Technology)

3.Requires that the PROGRAM be distributed accompanied by its
source-code, which will constitute an integral part that cannot be
dissociated, requires that all those rights be transferred or
relicensed free of charge.

4.Admits that there may be charges for services rendered, such as the
recording of a CD or similar media, delivery service, preparing
alterations or customizations of the program, technical support and
other;

5.States that the PROGRAM does not have any warranty, given that it is
not an object of commerce. The warranty will apply only for billed
services, such as the ones listed in item 4, above, pursuant to
applicable Law;

6.It does not authorize the PROGRAM or its parts to be distributed
upon payment and/or in systems that are merely compiled (proprietary
systems);

7.Has as its objective to make available to society the knowledge
involved in the production of the PROGRAM hereby licensed, as well as
to offer the possibility of full auditing of the way it works. The
goal is to comply with what was stipulated in article 218 of the
Federal Constitution of 1988, in articles 200 and 201 of the
Constitution of the State of Paraná and in Law 7.232/84

8.It does not imply the transfer of property of the PROGRAM, and does
not constitute renouncing, abdication or concession of author rights.

GPL -PA
GENERAL PUBLIC LICENSE
FOR COMPUTER PROGRAMS
OF THE PUBLIC ADMINISTRATION

Version 1.1
May 30th, 2005

1.PARTIES
The parties to this license contract are:

1.1.The holders of author rights for the PROGRAM specified at the end
of this LICENCE – from now on called only LICENSOR - , and

1.2.Any entity, institutional or individual- from now on called only
LICENSEE – that USES, PUBLISHES, DISTRIBUTES, REPRODUCES OR ALTERS THE
PROGRAM specified below.

The parties have agreed to sign the present LICENSING CONTRACT OF USE,
PUBLICATION, DISTRIBUTION, REPRODUCTION, AND ALTERATION OF OPEN CODE
COMPUTER PROGRAM, referred to in this LICENSE as PROGRAM.

2.TERMS USED IN THIS LICENSE

2.1.The term “computer program” is defined in article of Law number
9.609/98 as “the expression of an organized group of instructions in
codified or natural language, contained in physical support of any
nature, of necessary use in automatic machines of information
treatment, devices, instruments or peripheral equipment, based on
digital or analogue technology, in order to make them function in a
particular way for a particular purpose".

2.2.The PROGRAM licensing includes the following distribution forms:

2.2.1.Compiled: term which represents any distribution prepared to be
understood by the machines on which the execution of the PROGRAM is
meant to occur;

2.2.2.The source-code: term which represents the appropriate way to
make alterations in the PROGRAM. The source-code distributed must
include all the source-codes from all the modules contained in and
necessary to the normal functioning of the PROGRAM, in addition to the
routines used for controlling its compilation and installation. It is
not necessary to include in the source-code anything that is already
normally distributed, whether in the form of source-code or compiled,
such as the components of the operational system in which the PROGRAM
will be executed.

2.3.It is the principle of this LICENSE to make public the necessary
knowledge for the preparation and comprehension of the working
mechanisms of the PROGRAM, so that all DISTRIBUTION is accompanied by
the most appropriate form for its study and alteration.

2.4.The term LICENSE or GPL-PA will be used hereafter to designate
this licensing term. The concepts here expressed are those of the
applicable legislation, notably of Law 9.61098.

3.OBJECT: LICENSING FOR USE, PUBLICATION, DISTRIBUTION, REPRODUCTION
AND ALTERATION OF COMPUTER PROGRAM.

3.1.The object of this contract is the free-of-charge licensing, by
the LICENSOR to the LICENSEEE, of the rights for USE, DISTRIBUTION,
REPRODUCTION AND ALTERATION, understood according to article 5 of Law
9.61098, of the PROGRAM that is property of the LICENSOR.

3.2.The free-of-charge nature of the license here presented does not
preclude charges for other services or costs, such as for example
DEVELOPING, APROPRIATING, IMPLANTING or costs associated with the
DISTRIBUTION OF THE PROGRAM.

3.3.THE LICENSOR may not, after the PUBLICATION or DISTRIBUTION of the
PROGRAM, object with regard to any of the rights which are the object
of this term, when exercised according to what is hereby agreed.

3.4.THE PROGRAM that is the object of this LICENSE has not been placed
in the public domain and its property continues to belong to the
LICENSOR, independently of registration, according to article 2, § 3
of Law 9.609/98.

4.LIMITATION OF WARRANTIES

4.1.The rights for the PROGRAM are licensed free of charge, and are
not , under any circumstances, the object of commerce. This LICENSE is
a charitable, free-of charge contract, with the warranty foreseen by
article 8 of Law 9.609/98 not applying to the PROGRAM, the same being
true for ANY OF THE WARRANTIES foreseen by Law 8.078/90. The LICENSOR
will not be compelled to provide support, assistance or explanations
to the LICENSEE.

4.2.As an exception, the holders of author’s rights for derived
computer programs may guarantee the part that is due to them, without
any commitment from the authors of originating versions.

4.3.Except in the case of illegal act, fraud or violation by the
LICENSOR, all damages arising from the USE, PUBLICATION, DISTRIBUTION,
REPRODUCTION OR ALTERATION of the PROGRAM are the sole responsibility
of the LICENSEE, or of the respective authors of each ALTERATION.

4.4.Pursuant to article 114 of the Civil Code and article 4 of Law
9.610/98, this LICENSE will be interpreted restrictively.

5.GENERAL LICENSING CONDITIONS

5.1.The USE, PUBLICATION, DISTRIBUTION, REPRODUCTION or ALTERATION of
the PROGRAM in disagreement with the conditions established on the
LICENSE are hereby forbidden.

6.GENERAL RIGHTS OF THE LICENSEE

6.1.The LICENSEE has the right to USE, PUBLISH, DISTRIBUTE, REPRODUCE
or ALTER the PROGRAM according to what was stipulated in this LICENSE.

7.GENERAL OBLIGATIONS OF THE LICENSEE

7.1.When accepting this LICENSE, the LICENSEE obliges himself to all
of its terms and conditions. In the event that the LICENSEE does not
agree completely with what is set forth herein, he will not be allowed
to USE, PUBLISH, DISTRIBUTE, REPRODUCE or ALTER the PROGRAM.

7.2.The LICENSEE can never alter the PROGRAM or part of it, nor any
computer program derived from the PROGRAM or part of it, in:

7.2.1.a PROGRAM licensed through payment or compensation of any kind;

7.2.2.a PROGRAM distributed without accompaniment or the offer of
accompaniment of the respective source-code.

7.3.The LICENSEE cannot withdraw the credits of the LICENSOR for the
part of the Program that is due to him. According to item 8.3, below,
such withdrawal can occur only when required by the LICENSOR, and as
the exclusive way to exercise the moral right of objection to
unauthorized alterations which damage his honor and reputation,
according to what was foreseen in Article 2, paragraph 1 of Law
9.609/98.

7.4.Independently of registering the PROGRAM before the appropriate
bodies by the LICENSOR, the LICENSEE also commits himself not to
register the PROGRAM, or any aspect of it, and not to seek any
equivalent way of protection or appropriation with the objective of
restricting the full transference to third parties of all the rights
that are object of this LICENSE. Thus, as an example, the LICENSEE is
forbidden from seeking patents for the PROGRAM or registering the name
or any other distinctive sign of it before the INPI.

8.GENERAL RIGHTS OF THE LICENSOR

8.1.The LICENSOR retains author rights to claim the paternity of the
PROGRAM, according to what is set forth in Law 9.609/98, in article 2,
paragraph 1 .

8.2.It is also the right of the LICENSOR to have all the conventional
signs indicating his authorship, placed by him or at his request, kept
the same way as originally placed. This right is extended also to
derived computer programs.

8.3.However, the LICENSOR may, at any time, request the removal of all
the conventional signs indicating his authorship, placed by him or at
his request, of a computer program derived from the PROGRAM when he
judges that the alterations performed may damage his honor or
reputation.

9.GENERAL OBLIGATIONS OF THE LICENSOR

9.1.The LICENSOR must always DISTRIBUTE the PROGRAM in two formats,
namely, compiled and source-code, having observed the dispositions of
item 12.1, below.

9.2.The LICENSOR may never revoke any right given hereby; he also may
not alter the rights of any previous versions of the PROGRAM already
licensed.

9.3.It is the obligation of the LICENSOR, to ensure that the PROGRAM
may be distributed according to this LICENSE, to waive the right to
object to alterations to the PROGRAM. He may, in the event that he
disagrees with the alterations performed in computer programs derived
from the PROGRAM, request the elimination of his distinctive signs
placed on the derived program, according to item 8.3, above.

10.USE OF THE PROGRAM

10.1.The USE of the PROGRAM is allowed for all interested persons,
provided the terms of this LICENSE are respected.

10.1.1.By USE it is to be understood: the employment of the PROGRAM
under normal conditions, in accordance to what is described in its
technical documentation.

10.1.2.The USE can also relate to the source-code form of the PROGRAM,
which purpose is to make public the structure of the compiled form of
the program, as well as to allow the development of new derived
computer programs or programs that use part of the PROGRAM.

10.2.There are no restrictions to USE of the PROGRAM for commercial
activities of the LICENSEE, as long as the terms of this LICENSE are
respected, notably the obligations of item 7, above.

10.3.In the event that parts of the PROGRAM are used in other computer
programs, these must necessarily be licensed by this LICENSE. As an
exception to this rule, the computer program that uses parts of the
PROGRAM may be licensed in a different way provided its normal
functioning is independent of the copied part and the latter is
accompanied by its source-code form.

10.4.Regarding works derived from the PROGRAM, it is understood, for
all purposes, that the LICENSOR is the author of the derivations.

11.PUBLICATION OF THE PROGRAM

11.1.The LICENSEE may freely PUBLISH the PROGRAM, in any medium and
for any purpose.

11.2.Any PUBLICATION OF the PROGRAM shall be accompanied by a complete
copy of this LICENSE, which is an integral part of the PROGRAM, in
accordance with article 9 of Law 9.609/98.

11.3.When it is in source-code format, the PROGRAM must contain, at
the beginning of all text files integrating it, reference to this
LICENSE, which must be done in the following manner:

BEGIN COMMENT MARKER

This program is licensed in accordance with the GPL-PA (GENERAL PUBLIC
LICENSE FOR COMPUTER PROGRAMS OF THE PUBLIC ADMINISTRATION), version
1.1 or any later version.

The GPL-PA shall accompany all PUBLICATION, DISTRIBUTION and
REPRODUCTION of this PROGRAM.

In the event that a copy of the GPL-PA is not available together with
this Program, you may contact the LICENSOR or directly access:

http://www.celepar.pr.gov.br/licenca/LPG-AP.pdf

In order to USE, PUBLISH, DISTRIBUTE, REPRODUCE or ALTER the PROGRAM
it is necessary to agree with the terms of the GPL-PA .

END COMMENT MARKER 11.4.In the event that the PROGRAM is a collective
work, according to what was specified in item13, article 88 of the Law
9610/98 will not apply to the PUBLICATION.

12.DISTRIBUTION OF THE PROGRAM

12.1.The rights of DISTRIBUTION of the PROGRAM apply to the compiled
and source-code forms. The LICENSEE may distribute the program
concomitantly in the two forms mentioned (compiled and source-code) or
even with a valid offer of distribution of both forms, following the
terms below.

12.2.The partial DISTRIBUTION of the PROGRAM, which includes only the
source-code or only the compiled form, is forbidden. Thus, the
DISTRIBUTION must obey one of the following options:

12.2.1.Include the complete compiled form and the source-code form,
which shall be distributed in a medium or media habitually used to
exchange software; or,

12.2.2.Include the compiled form and a written offer, with at least a
three-year validity, to provide any interested person, for a cost
which can not be superior to that of the distribution, a complete copy
of the corresponding source-code form, in a medium or media usually
used for exchanging software; or,

12.2.3.Include the compiled form and the information received by the
LICENSEE regarding the offer to distribute the corresponding
source-code. (This alternative is allowed only for non-commercial
distribution and only if the program has been received in its compiled
form accompanied by this offer, according with item 12.2.2, above).

12.3.Any DISTRIBUTION of the PROGRAM shall be accompanied by a copy of
this LICENSE.

12.4.There is no restrictioin to the DISTRIBUTION of the PROGRAM for
commercial purposes, if it is clear that there will be no charges for
the PROGRAM, but only for the means and services of distribution.

13.REPRODUCTION OF THE PROGRAM

13.1.There are no restrictions regarding the number of copies of the
PROGRAM that the LICENSEE can make. Its REPRODUCTION is free in any
medium, but it should respect the restrictions on item 11, according
to the destination of each REPRODUCTION.

13.2.Any REPRODUCTION of the PROGRAM must be accompanied by a copy of
this LICENSE, according to item 12.3, above.

14.ALTERATION OF THE PROGRAM

14.1.The LICENSEE is allowed to make alterations to the PROGRAM. Any
ALTERATION, however, must be identified and acknowledged in the
source-code, for purposes of identification of authorship.

14.2.It is forbidden to make alterations in the credits and
distinctive signs placed by the LICENSOR and by any author of
originating versions, except when allowed explicitly by the LICENSOR.

14.3.The COMPUTER PROGRAMS resulting from the alteration of the
PROGRAM will also be subjected to this LICENSE, whether it is a new
program or only a new version of the PROGRAM.

14.4.The authors of the PROGRAM will be able to use other forms of
licensing for their contribution part, if it may be used separately,
according to article 15, paragraph 2 of Law 9.610/98.

14.5.A PROGRAM that is subject to the GPL–PA will always have a
reference to this LICENSE and to its address on the Internet (URL) in
a place that is easily accessed by users of the PROGRAM.

14.6.In the cases in which the PROGRAM has the participation of
different people for its preparation, the aforementioned will be
considered a collective work in the terms of article 5,Vlll, h of Law
9610/98.the ownership rights are retained under the responsibility of
the organizer- in the present case, the LICENSOR.

14.7.The inclusion of contributions of third parties in the collective
work hereby licensed, when described in this manner, is assumed to be
free of charge. Authors other than the organizer of the collective
work abdicate their ownership rights over it, as well as the right
foreseen in article 88, ll of Law 9.610/98,referring to the
publication of the names of all the participants of the work.

15.ATTACHEMENTS TO THIS LICENSE

15.1.This LICENSE does not allow any alteration in its content, not
even for validating its integrity. However, as an alternative for
small adaptations or additions, it accepts attachments in separate
files, provided they have been approved by the LICENSOR.

15.2.Such attachments cannot, under any circumstance, conflict with
the content of this license, and any such contrary dispositions shall
be null and void.

15.3.When the LICENSE is accompanied by attachments, these will be
considered a part of the LICENSE and must accompany all subsequent
licensing.

16.TERM

16.1.The present instrument will be valid for the period of 50 (fifty)
years, in the terms of article 2, paragraph 2, of Law 9.609/98.

17.CESSATION OF LICENCING

17.1.The lack of observance of any of the clauses of this license will
result in the immediate cessation of all rights of the LICENSEE over
the PROGRAM, without the need for denouncing this text.

NEW VERSIONS OF THIS LICENSE

17.2.The current version of this LICENSE, along with the previous
ones, shall be available at
[http://www.celepar.pr.gov.br/licenca/LPG-AP.pdf].

17.3.The redistribution of this PROGRAM may be carried out using the
version of this LICENSE that accompanies it, or the most recent
available version at the address cited above.

17.4.The new versions of the LICENSE cannot, however, under any
circumstance, withdraw rights already guaranteed for any of the
parties in the version in force when accepted.

18.VENUE

18.1.The parties choose the forum of the judiciary district or
headquarters of the holder of author rights of the PROGRAM as venue,
renouncing any other, regardless of how privileged it may be, in order
to resolve questions arising form the present instrument which cannot
be resolved extrajudicially or administratively.

I. LICENSOR:
Name:
Identification Document:
Address:
Postal Code:
Neighborhood:
City:
State:
Country:
Web-site:
Contact E-mail:
Telephone:
Legal Responsible person: 




Permission is granted to copy, distribute and/or modify this document under the terms of the GNU Free Documentation License, Version 1.3 or any later version published by the Free Software Foundation; with no Invariant Sections, no Front-Cover Texts, and no Back-Cover Texts. A copy of the license is included in the page “GNU Free Documentation License”.

The copyright and license notices on this page only apply to the text on this page. Any software or copyright-licenses or other similar notices described in this text has its own copyright notice and license, which can usually be found in the distribution or license text itself.


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