European Union (
Germany
Austria
March 10, 2010 - Brussels: 8:33 AM
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Free JUSLINE License
The Free JUSLINE License supervises the rights and obligations of JUSLINE, its authors and third persons who want to contribute to or to utilize Open Law Commentaries.
"Open Law Commentaries" are composed of the authentic texts of laws (and comparable codes), their commentary (explanation and gloss) by different authors (cf. section 2) as well as accompanying texts. They are available under this designation (respectively the designation "Free Law Commentaries"
or a translation) at the URL www.jusline.com (or any other page which will be assigned to an Open Law Commentary by JUSLINE GmbH, A 4690 Schwanenstadt,
shortly: JUSLINE).
 (b) Other services or applications which are developed or offered by JUSLINE (e.g. the lawyer raster search or the JUSLINE contract service) are not part of the "Open Law Commentaries", even if they are available at the same URL.
2. Offer to accede to a license agreement This text is an offer of JUSLINE to authors and third persons to accede to a license agreement for the global use of Open Law Commentaries. The offer applies to a world-wide, royalty-free, unlimited in duration and non-exclusive license, which grants the acceptor to use the content of the Open Law Commentaries under the conditions stated herein. The license agreement is approved if an author records a contribution to the Open Law Commentaries or if a third person is using the text of an Open Law Commentary in a way that the approval of the respective author would be required according to the relevant provisions of the copyright act.
3. Rights and obligations of JUSLINE (a) JUSLINE commits itself to hold available the Open Law Commentaries (and the documentation of the chronological development) at web-servers world-wide and royalty-free. (b) JUSLINE commits itself to guarantee the identification of a contribution conducted by an author with the name chosen by the author. (c) JUSLINE commits itself to make available the software developed by the company for the creation and modification of Open Law Commentaries royalty-free at its web-servers. (d) JUSLINE commits itself to immediately delete illegal entries and to ensure together with the authors an adequate professional level of the Open Law Commentaries. (e) JUSLINE obtains the world-wide, royalty-free, unlimited in duration and non-exclusive right to copy, distribute and modify the commentaries contributed by authors in the framework of the Open Law Commentaries. This results from the transfer of these rights by the respective author after recording the commentary (cf. section 4).
4. Rights and obligations of authors and administrators (a) Each author of contributions to an Open Law Commentary available at www.jusline.com (or any other page of JUSLINE) confers JUSLINE the world-wide, royalty-free, unlimited in duration and non-exclusive right to copy, distribute and modify and let modify the contribution in the framework of the "Open Law Commentaries" without payment of royalty. (b) Each administrator authorised by JUSLINE to professionally supervise and structure the Open Law Commentaries, confers JUSLINE the world-wide, royalty-free, unlimited in duration and non-exclusive right to copy, distribute and modify his contribution to the structuring of the "Open Law Commentaries" without payment of royalty. (c) Each author has, in accordance with the license, the entitlement to be mentioned as author (cf. also the right of each author to publish under a pseudonym). (d) In order to protect the intellectual and personal interests of the authors, modifications of contributions and their structure are only permissible in accordance with the license.
5. Rights and obligations of third persons using "Open Law Commentaries" (licensees) (a) In case of the merely passive utilization of an Open Law Commentary, thus by reading, but also by citing single parts of the commentary, no license agreement is concluded (and there is no agreement required). This also applies to the authorizations to use an "Open Law Commentary" which result from the legal restriction of the copyright, for example to make a backup. (b) The comprehensive use grants the right to copy, distribute, make available electronically or to publish otherwise the texts of an Open Law Commentary in any appropriate medium, online or offline, digital or analogue. It also comprises the right to create own creations based on it, provided that this license, the license notice specifying this license applies to the document, and - as far as available - a chronology are reproduced in all copies and no other conditions whatsoever to those of the license are added. (c) There may not be used any technical measures to obstruct the reading or further copying of copies made by the licensee of texts of an Open Law Commentary ("Copy Protection"). By no means may be demanded royalties, directly or indirectly, from third persons using an Open Law Commentary. (d) A person acquiring other industrial property rights together with the use of an Open Law Commentary, in particular patents, trade marks, designs or utility models, may not establish additional obligations via these rights. Thus it is not permitted to register a patent for a modified version of using or adapting an Open Law Commentary and to establish conditions which exceed those of this license via a patent license. (e) Rights of use acquired with this license may not be conferred to third persons. Third persons may only acquire rights of use directly the Free JUSLINE license. Therefore it is sufficient to receive or to copy texts of an Open Law Commentary together with the Free JUSLINE license from any person, use them as defined in section 5 and thereby conclude the license agreement according to section 2. (f) Due to the form of their content, Open Law Commentaries may contain names or trade marks of third persons (e.g. as part of a judicial decision or by indicating the publisher of a cited book). The license agreement does not grant rights of use on names and trade marks of third persons apart from the limited right to use the reference to JUSLINE as defined in section 9g. Beyond this, the license agreement does not grant any rights on the trade marks "JUSLINE" and "AdJus", the slogan "Common. Law" or the computer software "Open Law Commentaries".
6. Rights of of licensees to modify (a) The licensee has the right to modify texts of the Open Law Commentary without payment of royalty and to use the herby modified Open Law Commentary according to section 5. A "modified version" of the Open Law Commentary exists if the adopted text was copied (even verbatim, e.g. to another record media), translated, shortened, endorsed, replaced with other texts or parts of a text, newly structured and/or textual endorsed in another form. (b) In order to protect the intellectual and personal interests of the authors, modifications are only permissible in accordance with these provisions. This principle is from particular importance because the licensing under the Free JUSLINE license accepts also substantial modifications (the freedom to modify "Open Law Commentaries" is one of the main intentions of the license). (c) Each modified version has to take into consideration the actual law texts (as long as they have not been changed by the legislator), the chronology of the individual contributions, the copy-right indication "Copyright JUSLINE GmbH, A 4690 Schwanenstadt, Linzerstraße 2, www.jusline.com" and the text of the Free JUSLINE license. These sections are unaltered in their text ("invariant sections"). The invariant sections have to be attached if an "Open Law Commentary" is used in physical form (e.g. in printed version). (d) By copying the entire text of parts of an Open Law Commentary (e.g. on another web-site or another record media) and the following modification, a notice which clearly states the modification and prevents from confusion with the original version existing on the JUSLINE-server has to be added. This can happen by using the original designation (e.g. "JUSLINE - Open Law Commentary US Code Collection") and adding an appropriate notice referring to the new version, for example with the name of the publisher of the new version (e.g. "Modified version Max Model"). If the commentary is changed directly on a JUSLINE-server, the title of the Open Law Commentary naturally remains unaltered. (e) The existing chronologies of contributions have to be supplemented with each modification of a copied or otherwise adopted Open Law Commentary. In case of first use of single articles a chronology has to be created.
(a) Translations are considered as modifications. They are permissible according to the provisions of section 6. To replace invariant sections by a translation (cf. section 6c) it is necessary to request for the approval of JUSLINE. JUSLINE reserves the right to add translations of some or all invariant sections to the authorised versions of the invariant sections. (b) If the translation differs from the authorised version of the Free JUSLINE license or a reference to the license, it is the master copy which has priority.
8. Release of modified versions and related proprietary rights ("Copyleft") (a) Who requires a copyright by modification of an "Open Law Commentary", has to subordinate this right under the provisions of the Free JUSLINE license if he distributes, makes available electronically or publishes the modified "Open Law Commentary". It is not allowed to use technical measures to obstruct the use of the modified "Open Law Commentary" (cf. section 5c). (b) Who acquires a related proprietary right by using or modifying an "Open Law Commentary", e.g. a right to produce data bases, has to subordinate this right under the Free JUSLINE License if he distributes, makes available electronically or publishes the "Open Law Commentary" and if the related proprietary right is necessary for the use of the modified "Open Law Commentary". (c) In case of compilation of an "Open Law Commentary" with separate and other independent works (also if they are used as one volume), insertion in a data base or another collected edition, compilation may not be used to limit copyrights of the rights of users of the insofar integrated "Open Law Commentaries" beyond what the individual works permit. (d) If the "Open Law Commentary" is included in an aggregate, a clear notice has to indicate which parts of the aggregate are subordinated under the Free JUSLINE License. The provisions of section 4c have to be taken into account. (e) An independent work as defined in section 8c is a work which can be used independently in a reasonable manner or which is considered as an independent work of the general view.
9. Naming of authors and other originators (a) If texts of an "Open Law Commentary" are published or distributed electronically (via internet, internal network etc.) or in another way without changing them, the naming of JUSLINE and of authors and administrators has to be endorsed as prevailed. (b) The reference "JUSLINE - Open Law Commentary…." (e.g. "JUSLINE - Open Law Commentary US Code Collection") has to be attached to all web-pages, intranet-sites or programs which refer directly to a - not modified - "Open Law Commentary". (c) If not modified texts of "Open Law Commentaries" are made available entirely or partly in mobile storage media (e.g. CD-ROMs or disks), the reference "JUSLINE Open Law Commentary…" (e.g. "JUSLINE - Open Law Commentary US Code Collection") has to be attached to the packing. If there does not exist a packing and/or label, the reference mentioned above has to be added in such an eye-catching manner, that it is normally seen by the user of an "Open Law Commentary". (d) If texts of an "Open Law Commentary" are distributed, made available electronically or published in a textual modified version (i.e. when parts are added or left out), an appropriate notice which indicates the modification has to be attached (cf. section 4d). Persons or institutions who carried out the modifications have to be named as the responsible authors of the modified version. Therefore a notice of copyright has to be attached to the existing copyright (cf. section 6c). The notice of copyright has to be followed directly by a notice of license which confers the public power to use the modified version of the texts of the "Open Law Commentary" on condition of the Free JUSLINE license. An unmodified version of the JUSLINE license has to be attached. (e) The naming of former authors and administrators in the chronology is not necessary if they waived the nomination in written form. Otherwise the chronology has to respect the requirements of section 9 or - in particular in case of printed copies - to be considered in a footnote and the annex "based on the contribution of (contributions of)…". (f) If texts of an "Open Law Commentary" are distributed, made available electronically or published in textual modified form, the naming of authors and administrators is only permitted within the chronology. Translations are considered as modifications in this sense. In case of merely formal modifications the naming has to be effected according to the provisions of use in unmodified form. Orthographic corrections, formatting and digitalisation are regularly seen as formal modifications. (g) JUSLINE provides the non-exclusive right to use the notice to JUSLINE as stated above in order to satisfy the obligation of notice without payment of royalty. (h) Authors, administrators and licensees grant JUSLINE the right to name them publicly as authors, administrators or licensees of an "Open Law Commentary". (i) With this license neither authors and administrators of an "Open Law Commentary" nor JUSLINE grant, implicit or explicit, the right to use their name for the promotion of a modified version. (j) The remarks stated above considering the naming also apply to holders of exclusive rights of use if they are named in combination with an "Open Law Commentary".
(a) Chronologies aim to complete the commentary (in the latest version) and to indicate which author has composed, amended or modified which contribution. As far as authors are publishing under a pseudonym they have to be considered under this pseudonym in the chronology. The obligation to adopt the chronology according to the Free JUSLINE license will thereby remain unaffected. (b) If commentaries of single paragraphs of an "Open Law Commentary" already contain chronologies, the chronologies have to be preserved by modifying the "Open Law Commentary" including the given information. In this respect section 4c applies. (c) If there does not yet exist a chronology for a paragraph of an "Open Law Commentary" (in particular if there does not yet exist a contribution), there has to be created a chronology and added to the commentary with the first contribution to this paragraph. The chronology of every new contribution, respectively every endorsement or modification of existing contributions has to state the author, the time and the verbatim text. (d) A chronology may only be modified according to the provisions of this section.
11. Disclaimer of warranty and liability (a) "Open Law Commentaries" are provided royalty-free under this Free JUSLINE License. Thus they are left for use "as seen", without any form of warranty, in particular without warranty for accordance with jurisprudence, up-to-dateness and ability for a special purpose or the latitude of infringements of rights of third persons. The licensee takes the full risk for use, copying, distribution and publication of an "Open Law Commentary". By concluding the license agreement the licensee commits himself to indemnify JUSLINE and all authors and administrators from claims which can emerge form the use or in connection with an "Open Law Commentary". (b) The liability of JUSLINE, its authors and administrators who contribute to an "Open Law Commentary" is limited to fraudulent concealment of a deficiency in title. Under no circumstances JUSLINE, its authors and administrators are liable for indirect, accidental or consequential damages which emerge in connection with or as a result of an "Open Law Commentary", the use of an "Open Law Commentary" or this Free JUSLINE License. Also for damages by loss of reputation or any other economical damages or loss any liability is excluded, independent if the claim is based on contract law, law of torts or other laws. (c) This notice of liability refers only to the rights granted by the Free JUSLINE License. The liability and warranty for other services, e.g. the distribution of workpieces, is based upon legal provisions or individual agreements.
The use of an "Open Law Commentary" may not be made conditional on obligations which are not content of the Free JUSLINE License.
13. Termination of the licensing rights in case of non-compliance (a) "Open Law Commentaries" may not be copied, modified, sublicensed or distributed in an other way than permitted by the Free JUSLINE License. Each infringement of the obligations of this license terminates the rights of use of the offender. (b) Third persons who have received a copy of an "Open Law Commentary" from the offender will not have terminated their license as long as they remain in full compliance with the Free JUSLINE License.
JUSLINE and its administrators have the authorization to delete illicit or immoral as well as professionally not qualified contributions without reasons. Furthermore JUSLINE is entitled to publish structural modifications of the "Open Law Commentaries" (under www.jusline.com) from time to time. These modifications aim to correct errors or to remove wrongly added contents of an "Open Law Commentary". Whilst exercising the rights of copying and distribution granted by this license, the licensee is obligated to regularly check the pages under www.jusline.com and to conduct the indicated modifications, corrections or deletions of the assumed version of the "Open Law Commentary" insofar as economically justifiable. All modifications which are published under www.jusline.com are part of the "Open Law Commentaries".
15. Necessary modifications of the Free JUSLINE license (a) JUSLINE may actualise the Free JUSLINE license as far as a change of legal or real circumstances requires it. Such new versions will remain bound to the basic principles of "Open Access" and "Open Content", but may differ in detail in order to address new problems or concerns. New versions will be presented for public discussion at www.jusline.com in advance. (b) Possible new versions of the Free JUSLINE license will be given a distinguishing version number and the date of their commencement. If an "Open Law Commentary" does not specify a version number of this license, the latest version applies.
For disputes emerging from this license or the agreement of this license Austrian law applies. Exclusive jurisdiction is A 4600 Wels.
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