Copyright and licensing

Who makes HPGCC3

HPGCC3 is written and maintainted by a group of volunteers. Currently there's two active developers:

Ingo Blank (email: ingo at this website's domain)

Claudio Lapilli (email: claudio at this website's domain)

Licensing

HPGCC3 contains code written from scratch by the developers above, who hold the copyright for the HPGCC3 code.

HPGCC3 is a completely different product from HPGCC 1.1 and 2.0. HPGCC3 is not version 3.0 of our former project HPGCC (hence we incorporated the 3 in the name) since it was rewritten from scratch for the most part. There are, however,  a few contributions from former HPGCC developers that we decided to keep. Specifically, HPGCC3 contains the library HPG, originally written by Chris Smith for HPGCC.

Despite the extensive rewrite, there could still be fragments of code written by former HPGCC members Benjamin Maurin and Al Borowski, mostly in obsolete routines kept for ease of portability from HPGCC to HPGCC3.

From here we want to salute and credit everybody for their respective contributions.

HPGCC3 includes other third party code released under their respective licenses. We are redistributing the code in full agreement with their original licenses and in good faith. The original authors retain copyright over those portions of code.

Specifically, some math routines are copyrighted by Sun Microsystems, and a complete and unmodified version of the DecNumber library is included with HPGCC3, redistributed under the ICU license and is copyrighted by IBM Corporation.

Finally, the gcc compiler requires a few low-level routines that are provided by the libgcc library. This code is not included or being redistributed with HPGCC3. However, it is required to compile the libraries and user programs using the GCC compiler. Any binary distribution of the hpgcc3 runtime libraries or any user-created program will therefore include those functions. The libgcc library is released under the GCC Runtime Library Exception by the GNU Software Foundation, and will therefore not force any user-created program to be released under the GPL.

HPGCC3 contains no other third party code besides what was mentioned above, and is self-contained, not requiring any other third party libraries. The code is copyrighted by the HPGCC3 Team and is released under the HPGCC3 license. We have put a great deal of effort to avoid forcing our users to release their code under the GPL license, which is a major difference with our former projects HPGCC 1.1 and 2.0.

HPGCC3 License Text

HPGCC3 License Agreement
GENERAL LICENSE AGREEMENT
FOR PERSONAL USE

Version 1.0 License and Terms & Conditions of Use
01 June 2011

Please read through the terms and conditions of this license carefully. This license is a binding legal agreement between you, the 'User' (an individual or single entity) and the HPGCC3 Team (herein also referred to as the "Developers"), an organization in ownership of all legal right for the product known as "HPGCC3".

YOUR ATTENTION IS PARTICULARLY DRAWN TO THE DISCLAIMER OF WARRANTY AND NO LIABILITY AND INDEMNITY PROVISIONS. TO USE HPGCC3 YOU MUST AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET OUT IN THIS DOCUMENT. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF USE OF HPGCC3 SET OUT IN THIS LICENSE AGREEMENT, OR IF SUCH TERMS AND CONDITIONS ARE NOT BINDING ON YOU IN YOUR JURISDICTION, THEN YOU MAY NOT USE HPGCC3 IN ANY MANNER. THIS GENERAL LICENSE AGREEMENT MUST ACCOMPANY ALL HPGCC3 FILES WHETHER IN THEIR OFFICIAL OR CUSTOM VERSION FORM. IT MAY NOT BE REMOVED OR MODIFIED. THIS GENERAL LICENSE AGREEMENT GOVERNS THE USE OF HPGCC3 WORLDWIDE. THIS DOCUMENT SUPERSEDES AND REPLACES ALL PREVIOUS GENERAL LICENSES.

INTRODUCTION

This document pertains to the use of the aggregate set of libraries and routines known as HPGCC3. It applies to all HPGCC3 program source files, executable (binary) files, library files, documentation files, help files, scripts, and other HPGCC3 files contained in official Developer archives, whether in full or any part thereof, and are herein referred to as the "Software". The Software may be distributed along with source files, binary code and other files by third-parties, which are not covered under this license and are not considered in any way part of the Software. The Developers claim no rights on such third-party code, and the use and distribution of such files is subject to the terms and conditions of their original license, which is also distributed along with the files. The Developers reserve the right to revise these rules in future versions and to make additional rules to address new circumstances at any time. Such rules, when made, will be posted in a revised license file, the latest version of which is available from the Developers website at http://www.hpgcc3.org.

USAGE PROVISIONS

Subject to the terms and conditions of this agreement, permission is granted to the User to use the Software and its associated files to create and execute binary programs (herein also referred to as the "Program"). The creator of a Program retains all rights to any source code they create, and any binary code generated from them. The Developers retain all rights on any parts of the Software that may be included in the source or binary image of the Program. Subject to the other terms of this license, the User is permitted to use the Software in a profit-making enterprise, provided such profit arises primarily from use of the Software and not from distribution of the Software or a work including the Software in whole or part, such as a Program.
The User is granted the right to distribute certain portions of binary code that belong to the Software and are necessary for the use of the Program, including startup stubs and library modules statically linked to the Program, provided the static linkage (inclusion in the binary image of the Program) is required for the use of the Program and there are no reasonable means to separate the Program from such code portions of the Software. The User may not distribute portions of binary code from the Software when the Software provides means for dynamic linkage with the Program. The User agrees that the Developers reserve the right to determine which portions of code are covered under this paragraph, at their sole discretion.
Distribution of the Software, in whole or in part, in binary or source form, by itself or embedded in a Program or any other form of binary image, is herein explicitly prohibited with the sole exception of the portions of code covered by the paragraph above.

Please contact the Developers for licenses covering distribution of the Software and works including the Software, in part or in whole.

The User is also granted the right to use the source code files, and include files distributed in the INCLUDE and EXAMPLES sub-directories of the Software in their own programs. Such permission does not extend to any other files in any other directory or sub-directories. The EXAMPLES files are for the User's enjoyment and education but may not be the basis of any derivative work unless the file in question explicitly grants permission to do such.

This license does not grant any right of re-distribution or use in any manner other than the above. The Developers have separate license documents that apply to other uses (such as re-distribution via the internet or on CD); please contact the Developers for access to these. In particular you are advised that the sale, lease, or rental of the Software in any form without written authority from the Developers is explicitly prohibited.

Notwithstanding anything in the balance of this license agreement, nothing in this license agreement permits the installation or use of the Software in conjunction with any product (including software) produced or distributed by any party who is, or has been, in violation of this license agreement or any other license agreement regarding the Software, unless:

a. the Developers have explicitly released that party in writing from the consequences of their non compliance; or
b. both of the following are true:
i. the installation or use of the Software is without the User being aware of the abovementioned violation; and
ii. the installation or use of the Software is not a result (whether direct or indirect) of any request or action of the abovementioned party (or any of its products), any agent of that party (or any of their products), or any person(s) involved in supplying any such product to the User.

COPYRIGHT

Copyright © 2011, HPGCC3 Team.

Copyright subsists in this Software which is protected by international copyright laws. The Software is NOT PUBLIC DOMAIN.

Nothing in this agreement shall give you any rights in respect of the intellectual property of the Developers and you acknowledge that you do not acquire any rights in respect of such intellectual property rights. You acknowledge that the Software is the valuable intellectual property of the Developers and that if you use, modify or distribute the Software for unauthorized purposes or in an unauthorized manner (or cause or allow the forgoing to occur), you will be liable to the Developers for any damages they may suffer (and which you acknowledge they may suffer) as well as statutory damages to the maximum extent permitted by law and also that you may be liable to criminal prosecution. You indemnify the Developers and the authors of the Software for every single consequence flowing from the aforementioned events.

DISCLAIMER OF WARRANTY

This Software is provided on an "AS IS" basis, without warranty of any kind, express or implied, including without limitation, any implied warranties of merchantability, fitness for a particular purpose and non-infringement of intellectual property of any third party. This Software has inherent limitations including design faults and programming bugs. The entire risk as to the quality and performance of the Software is borne by you, and it is
your responsibility to ensure that it does what you require it to do prior to using it for any purpose (other than testing it), and prior to distributing it in any fashion. Should the Software prove defective, you agree that you alone assume the entire cost resulting in any way from such defect.

This disclaimer of warranty constitutes an essential and material term of this agreement. If you do not or cannot accept this, or if it is unenforceable in your jurisdiction, then you may not use the Software in any manner.

NO LIABILITY

When you use the Software you acknowledge and accept that you do so at your sole risk. You agree that under no circumstances shall you have any claim against the Developers or anyone associated directly or indirectly with the Developers whether as employee, subcontractor, agent, representative, consultant, licensee or otherwise ("Developers Associates") for any loss, damages, harm, injury, expense, work stoppage, loss of business information, business interruption, equipment failure or malfunction which may be suffered by you or by any third party from any cause whatsoever, howsoever arising, in connection with your use or distribution of the Software even where the Developers were aware, or ought to have been aware, of the potential of such loss. Damages referred to above shall include direct, indirect, general, special, incidental, punitive and/or consequential.
This disclaimer of liability constitutes an essential and material term of this agreement. If you do not or cannot accept this, or if it is unenforceable in your jurisdiction, then you may not use the Software.

INDEMNITY

You indemnify the Developers and Developers Associates and hold them harmless against any claims which may arise from any loss, damages, harm, injury, expense, work stoppage, loss of business information, business interruption, equipment failure or malfunction, which may be suffered by you or any other party whatsoever as a consequence of any act or omission of the Developers and/or Developers Associates, whether negligent or not, arising out of your use and/or distribution of the Software, or from any other cause whatsoever, howsoever arising, in connection with the Software. These provisions are binding on your estate, heirs, executors, legal successors, administrators, parents and/or guardians.

This indemnification constitutes an essential and material term of this agreement. If you do not or cannot accept this, or if it is unenforceable in your jurisdiction, then you may not use the Software.

HIGH RISK ACTIVITIES

This Software and the output produced by this Software is not fault-tolerant and is not designed, manufactured or intended for use as on-line control equipment in hazardous environments requiring fail-safe performance, in which the failure of the Software could lead or directly or indirectly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). The Developers specifically disclaims any express or implied warranty of fitness for High Risk Activities and explicitly prohibits the use of the Software for such purposes.

MISCELLANEOUS

This Agreement constitutes the complete agreement concerning this license.
Any changes to this agreement must be in writing and may take the form of notifications by the Developers to you, or through posting notifications on the Developers website. THE USE OF THIS SOFTWARE BY ANY PERSON OR ENTITY IS EXPRESSLY MADE CONDITIONAL ON THEIR ACCEPTANCE OF THE TERMS SET FORTH HEREIN.

Except where explicitly stated otherwise herein, if any provision of this Agreement is found to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of this agreement, and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect. In such cases you
agree to attempt to substitute for each invalid or unenforceable provision a valid or enforceable provision which achieves to the greatest extent possible, the objectives and intention of the invalid or unenforceable provision. The validity and interpretation of this agreement will be governed by the laws of the United States of America (except for conflict of law provisions).

CONTACT INFORMATION

License inquiries can be made via email; please check the website http://www.hpgcc3.org for the current contact email address. Note that your inability or failure to contact us for any reason is not an excuse for violating this license.