木兰公共许可证, 第2版
木兰公共许可证， 第2版

2021年5月 http://license.coscl.org.cn/MulanPubL-2.0

您对“贡献”的复制、使用、修改及分发受木兰公共许可证,第2版（以下简称“本许可证”）的如下条款的约束：

0.   定义

“贡献” 是指由“贡献者”许可在“本许可证”下的受版权法保护的作品，包括最初“贡献者”许可在“本许可证”下的作品及后续“贡献者”许可在“本许可证”下的“衍生作品”。

“贡献者” 是指将受版权法保护的作品许可在“本许可证”下的自然人或“法人实体”。

“法人实体” 是指提交贡献的机构及其“关联实体”。

“关联实体” 是指，对“本许可证”下的行为方而言，控制、受控制或与其共同受控制的机构，此处的“控制”是指拥有受控方或共同受控方至少50%直接或间接的投票权、资金或其他有价证券。

“衍生作品” 是指基于“贡献”创作的作品，具体包括对全部或部分“贡献”进行修改、重写、翻译、注释、组合或与之链接（包括动态链接或静态链接）而形成的作品。仅与“贡献”进行进程间通信或系统调用的作品是独立作品，不属于“衍生作品”。

“对应源代码” 是指生成、安装和(对于可执行作品)运行目标代码所需的所有源文件和与之关联的接口定义文件，以及控制这些活动的脚本，但不包括编译环境、编译工具、云服务平台（如果有）。

“分发” 是指通过任何媒介向他人提供“贡献”或“衍生作品”的行为，以及利用“贡献”或“衍生作品”通过网络远程给用户提供服务的行为，例如：通过利用“贡献”或“衍生作品”搭建的云服务平台提供在线服务的行为。

1.   授予版权许可

每个“贡献者”根据“本许可证”授予您永久性的、全球性的、免费的、非独占的、不可撤销的版权许可，您可以复制、使用、修改、“分发”其“贡献”或“衍生作品”，不论修改与否。

2.   授予专利许可

每个“贡献者”根据“本许可证”授予您永久性的、全球性的、免费的、非独占的、不可撤销的（根据本条规定撤销的情形除外）专利许可，供您使用、制造、委托制造、销售、许诺销售、进口其“贡献”或以其他方式转移其“贡献”。前述专利许可仅限于“贡献者”现在或将来拥有或控制的其“贡献”中的专利权利要求，而不包括仅因您对“贡献”的修改而将必然会侵犯到的专利权利要求。如果您或您的“关联实体”直接或间接地，就“贡献”对任何人发起专利侵权诉讼（包括在诉讼中提出反诉请求或交叉请求）或发起其他专利维权行动，则“贡献者”根据“本许可证”授予您的专利许可自您发起专利诉讼或专利维权行动之日终止。

3.   无商标许可

“贡献者”在“本许可证”下不提供对其商品名称、商标、服务标识或产品名称的商标许可，但您为满足第4条规定的声明义务而必须使用的情形除外。

4.   分发限制

您可以将您接收到的“贡献”或您的“衍生作品”以源程序形式或可执行形式重新“分发”，但必须满足下列条件：

（1）您必须向接收者提供“本许可证”的副本，并保留“贡献”中的版权、商标、专利及免责声明；并且，

（2）如果您“分发”您接收到的“贡献”，您必须使用“本许可证”提供该“贡献”的源代码副本；如果您 “分发”您的“衍生作品”，您必须：

（i）随“衍生作品”提供使用“本许可证”“分发”的您的“衍生作品”的“对应源代码”。如果您通过下载链接提供前述“对应源代码”，则您应将下载链接地址置于“衍生作品”或其随附文档中的明显位置，有效期自该“衍生作品”“分发”之日起不少于三年，并确保接收者可以获得“对应源代码”；或者，

（ii）随“衍生作品”向接收者提供一个书面要约，表明您愿意提供根据“本许可证”“分发”的您“衍生作品”的“对应源代码”。该书面要约应置于“衍生作品”中的明显位置，并确保接收者根据书面要约可获取“对应源代码”的时间从您接到该请求之日起不得超过三个月，且有效期自该“衍生作品”“分发”之日起不少于三年。

5.   违约与终止

如果您违反“本许可证”，任何“贡献者”有权书面通知您终止其根据“本许可证”授予您的许可。该“贡献者”授予您的许可自您接到其终止通知之日起终止。仅在如下两种情形下，即使您收到“贡献者”的通知也并不终止其授予您的许可：

（1）您在接到该终止通知之前已停止所有违反行为；

（2）您是首次收到该“贡献者”根据“本许可证”发出的书面终止通知，并且您在收到该通知后30天内已停止所有违反行为。

只要您下游的接收者遵守“本许可证”的相关规定，即使您在“本许可证”下被授予的许可终止，不影响下游的接收者根据“本许可证”享有的权利。

6.   例外

如果您将“贡献”与采用GNU AFFERO GENERAL PUBLIC LICENSE Version 3（以下简称“AGPLv3”）或其后续版本的作品结合形成新的“衍生作品”，且根据“AGPLv3”或其后续版本的要求您有义务将新形成的“衍生作品”以“AGPLv3”或其后续版本进行许可的，您可以根据“AGPLv3”或其后续版本进行许可，只要您在“分发”该“衍生作品”的同时向接收者提供“本许可证”的副本，并保留“贡献”中的版权、商标、专利及免责声明。但任何“贡献者”不会因您选择“AGPLv3”或其后续版本而授予该“衍生作品”的接收者更多权利。

7.   免责声明与责任限制

“贡献”在提供时不带有任何明示或默示的担保。在任何情况下，“贡献者”或版权人不对任何人因使用“贡献”而引发的任何直接或间接损失承担任何责任，不论该等损失因何种原因导致或者基于何种法律理论,即使其曾被告知有该等损失的可能性。

8.   语言

“本许可证”以中英文双语表述，中英文版本具有同等法律效力。如果中英文版本存在任何不一致，以中文版为准。

条款结束

如何将木兰公共许可证，第2版，应用到您的软件

如果您希望将木兰公共许可证，第2版，应用到您的软件，为了方便接收者查阅，建议您完成如下三步：

1， 请您补充如下声明中的空白，包括软件名、软件的首次发表年份以及您作为版权人的名字；

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