[Qgis-psc] Exception to QGIS DEVELOPMENT TEAM Terms of End User License Agreement for University of Maryland College Park

Fri Nov 3 00:07:54 PDT 2023

Hi Joe,

All fine then. No objection from QGIS. Thanks for explaining.

It was the first time that we received such an email - in the future I know
better. Other countries, other regulations.

Have a nice day!

Andreas

On Thu, 2 Nov 2023 at 18:30, Joseph Daniel Gridley <jgridley at umd.edu> wrote:

> Hey Andreas/all -
>
> Thanks for the quick follow up. We don't actually have any real issues
> with the GPL license - the message from Mike is a form letter that we have
> to send to qualified software/SaaS providers in lieu of going through a
> full state procurement process (your product qualifies).
>
> Generally, since the letter just outlines the things the law requires we
> put in/keep out of contracts, we don't get a lot of responses back - but
> I'm happy to discuss further if you'd like.
>
> Otherwise, all we're really looking for at this point is a "no objection"
> from QGIS.
>
> Thanks!
> Joe
>
> -----
> Joseph Gridley, Esq., CIPP/US, CIPM, FIP
> Chief Data Privacy Officer
> University of Maryland
> Pronouns: he/him/his
>
>
>
> On Thu, Nov 2, 2023 at 11:01 AM Mike Landavere <mike at umd.edu> wrote:
>
>> Hi Joe,
>>
>> So all good? Reply with a note indicating no issues as long as there are
>> objections to the items listed in the original message?
>>
>> M.
>>
>> ---------- Forwarded message ---------
>> From: Andreas Neumann <andreas at qgis.org>
>> Date: Thu, Nov 2, 2023 at 2:43 AM
>> Subject: Re: Exception to QGIS DEVELOPMENT TEAM Terms of End User License
>> Agreement for University of Maryland College Park
>> To: Mike Landavere <mike at umd.edu>, QGIS PSC <qgis-psc at lists.osgeo.org>
>> CC: <board at qgis.org>
>>
>>
>> Dear Mr. Landavere,
>>
>> I am bit puzzled about your email and don't know if you expect a response
>> from us - or not?
>>
>> Have you actually read the QGIS user license, which is an exact copy of
>> the GPL license? It gives you a lot of freedom and hardly any restrictions
>> - unlike many other software you probably use.
>>
>> For your reference - you can find the license we use here:
>> https://www.gnu.org/licenses/old-licenses/gpl-2.0.en.html - with one
>> exception made for the usage of the Qt library documented here:
>> https://raw.githubusercontent.com/qgis/QGIS/master/Exception_to_GPL_for_Qt.txt
>>
>> Can you be more specific where you have a problem with the QGIS license?
>>
>> Regards and greetings,
>> Andreas Neumann
>>
>> On Wed, 1 Nov 2023 at 21:20, Mike Landavere <mike at umd.edu> wrote:
>>
>>>
>>> Notice to External Parties of UMD’s Inability to Accept Certain
>>> Click-Through Terms & Conditions
>>>
>>> Re: Exception to QGIS DEVELOPMENT TEAM Terms of End User License
>>> Agreement for University of Maryland College Park
>>>
>>> To whom it may concern,
>>>
>>> The University of Maryland College Park (“University”) would like to
>>> download QGIS from QGIS DEVELOPMENT TEAM (“Company”) via the following
>>> link: https://www.qgis.org/en/site/.  As part of the process of
>>> obtaining such product, Company purports to require the University to
>>> accept its standard terms and conditions pursuant to Company’s “click
>>> through agreement,” by which the user must accept without modification such
>>> terms and conditions in order to complete the transaction.
>>>
>>> Please be advised that the University is an instrumentality of the State
>>> of Maryland and is therefore subject to Maryland law, which governs and
>>> prohibits certain forms of contract terms and provisions. Several of the
>>> provisions contained in Company’s standard terms and conditions, such as
>>> the types of provisions identified below, may violate or be inconsistent
>>> with Maryland law. Therefore, please be advised that the University cannot
>>> accept Company’s standard terms and conditions to the extent that they are
>>> inconsistent with Maryland law. Moreover, please be advised that, pursuant
>>> to Section 12-201 of the State Government Article of the Maryland Code, any
>>> University employee who has otherwise agreed to the Company’s standard
>>> terms and conditions does not have authority to agree to terms which are
>>> inconsistent with or violate Maryland law, including but not limited to the
>>> provisions discussed below.
>>>
>>> The University is not authorized to accept, and cannot agree to accept,
>>> the following categories of terms and conditions:
>>>
>>>
>>>    1.
>>>
>>>    Commercial Terms. The University is a state governmental entity, not
>>>    a commercial entity, and laws pertaining to private commercial entities,
>>>    such as the Uniform Commercial Code, are not applicable to the University.
>>>
>>>
>>>
>>>    1.
>>>
>>>    Confidentiality. The University is subject to State open records
>>>    laws, including the Maryland Public Information Act (Maryland Code
>>>    Annotated, General Provisions Article, Title 4), and University System of
>>>    Maryland policies regarding the disclosure of certain forms of information
>>>    and documents. The Maryland Public Information Act does prohibit the
>>>    University from disclosing Company’s confidential business and financial
>>>    information.
>>>
>>>
>>>
>>>    1.
>>>
>>>    Dispute-Related Terms. The University is not authorized to agree to
>>>    terms relating to the resolution or litigation of potential disputes, such
>>>    as mandatory arbitration, entitlement to injunctive relief, and jury trial
>>>    waiver clauses. All such terms require the consent of the Maryland Attorney
>>>    General, which may consent or not in its sole discretion.
>>>
>>>
>>>
>>>    1.
>>>
>>>    Family Educational Rights and Privacy Act (FERPA). The University is
>>>    subject to FERPA, 20 U.S.C. § 1232g, and its implementing regulations. To
>>>    the extent Company has access to “education records” under this
>>>    click-through agreement, Company is deemed a FERPA School Official.
>>>    Nothing contained in the agreement shall be interpreted to require the
>>>    University to provide educational records to the Company in violation of
>>>    FERPA.
>>>
>>>
>>>
>>>    1.
>>>
>>>    Md. Code Ann., State Government Article, §10-13A-03. The University
>>>    is subject to Md. Code Ann., State Government Article, §10-13A-03. To the
>>>    extent Company processes “Personally Identifiable Information” on
>>>    University’s behalf, Company must take commercially reasonable steps to
>>>    support the University’s privacy governance program and to maintain
>>>    appropriate security controls.
>>>
>>>
>>>
>>>    1.
>>>
>>>    Governing Law and Venue. The University is a State of Maryland
>>>    agency and is not authorized to accept the governing law(s) and/or venue(s)
>>>    of other jurisdictions.
>>>
>>>
>>>
>>>    1.
>>>
>>>    Indemnification. The University is prohibited by law from incurring
>>>    unfunded liabilities, and Maryland courts have specifically held that
>>>    indemnification provisions give rise to an unfunded liability. Maryland law
>>>    imposes personal civil and criminal penalties, including prison time, on a
>>>    State employee who agrees to a contract term that creates an unfunded
>>>    liability. In addition, any tort claims against the University are subject
>>>    to the provisions of and the limitations of liability contained in the
>>>    Maryland Tort Claims Act.
>>>
>>>
>>>
>>>    1.
>>>
>>>    Insurance. The University is self-insured pursuant to Annotated Code
>>>    of Maryland, State Finance and Procurement Article, Title 9, and cannot
>>>    purchase commercial insurance for items covered by the State of Maryland
>>>    self-insurance program. For the majority of tort claims, this program of
>>>    self-insurance limits the liability of the State and its units to $400,000
>>>    to a single claimant for injuries arising from a single incident or
>>>    occurrence.
>>>
>>>
>>>
>>>    1.
>>>
>>>    Intellectual Property Ownership. The University retains ownership of
>>>    its intellectual property for the benefit of its faculty, students, and
>>>    research sponsors and does not by virtue of Company’s standard terms and
>>>    conditions grant any ownership or license in its intellectual property.
>>>
>>>
>>>
>>>    1.
>>>
>>>    Liability. The University is not authorized to accept liability
>>>    above the limits set by the Maryland General Assembly.
>>>
>>>
>>>
>>>    1.
>>>
>>>    Sovereign Immunity. The University is part of the State of Maryland,
>>>    a sovereign governmental entity. Nothing contained in the agreement
>>>    constitutes a waiver of the State’s sovereign immunity.
>>>
>>>
>>>
>>>    1.
>>>
>>>    Trademarks/Use of University’s Name. The University retains all
>>>    rights in its trademarks and service marks.
>>>
>>>
>>>
>>>    1.
>>>
>>>    Warranties. The University is prohibited by law from incurring
>>>    unfunded liabilities; warranties create such an unfunded liability.
>>>    Therefore, any term purporting to contain a warranty by the University is
>>>    rejected.
>>>
>>>
>>> Regardless of whether Company agrees to the foregoing proposed
>>> modifications, however, any terms and conditions that are inconsistent with
>>> Maryland law, including but not limited to the types of provisions
>>> identified above, are rejected and no University employee has authority to
>>> accept such terms and conditions.
>>>
>>> This message is being sent via email with proof of delivery. Unless an
>>> authorized representative of your company advises otherwise in writing, the
>>> University of Maryland will deem your receipt of this message to be
>>> acknowledgment of the foregoing.
>>>
>>>
>>> Mike Landavere (he/him/his)
>>> Director of Information Technology
>>> College of Computer, Mathematical, and Natural Sciences
>>> University of Maryland
>>> *Connect with UMD Science*: Web <http://www.cmns.umd.edu/> | Twitter
>>> <http://www.twitter.com/umdscience> | LinkedIn
>>> <https://www.linkedin.com/company/umdscience/> | Instagram
>>> <https://www.instagram.com/umdscience/> | Facebook
>>> <http://www.facebook.com/umdcmns>
>>>
>>>
>>>
>>
>> --
>>
>> --
>> Andreas Neumann
>> QGIS.ORG board member (treasurer)
>>
>

-- 

--
Andreas Neumann
QGIS.ORG board member (treasurer)
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