Capacity Network Open Source Software Policy

This Capacity Network Open Source Software Policy (this "Policy") is incorporated in its entirety by reference into your Capacity Network Partner Agreement (the “Agreement”) and is binding upon you as a Partner. Consult with the Builder Legal Department at FOSS@Builder.ai if you have any questions about this Policy or you are considering the use or distribution of any free or open source software on Builder's behalf.

This Policy applies to all work and services performed on Builder's behalf.

Purpose

When properly used, free and open source software (also referred to in this Policy as "FOSS") can offer effective software solutions while saving Builder and its partners significant software development time, costs, and resources. The purpose of this Policy is to ensure the proper use of FOSS in compliance with Builder's software license obligations and to prevent the legal liability and loss of valuable proprietary rights that can result from the indiscriminate use or distribution of FOSS.You must comply with the following policies and procedures when acquiring, developing, using, copying, modifying, or distributing any software product or service on Builder's behalf.

Definition

FOSS is software that is distributed to the general public under a license permitting the user to execute, copy, and redistribute the software, and to modify the software (which requires that it be made available in source code form). FOSS includes, but is not limited to, software conforming to The Open Source Definition (available at http://opensource.org/osd ) developed by the Open Source Initiative (OSI) or The Free Software Definition (available at http://www.gnu.org/philosophy/free-sw.html ) developed by the Free Software Foundation (FSF), and any publicly available software licensed under any of the licenses approved by the OSI or FSF and listed on their respective websites (see OSI qualifying free open source licenses at http://opensource.org/licenses and FSF qualifying free software licenses at http://www.gnu.org/licenses/license-list.html). All references to FOSS in this Policy refer to FOSS in any and all forms, including, without limitation, FOSS that is standardized, custom-developed, stand-alone, or bundled with or embedded in any product or service.

Scope of Policy

This Policy applies to all Builder partners in the course of their work and services performed on behalf of Builder, through Builder Hive, and all work or services under the Agreement including in your dealings with third-party agents and vendors, when acquiring, developing, using, copying, modifying, licensing, or distributing to or on behalf of Builder any software that contains or is derived from FOSS. It applies to the use of FOSS for any purpose, including for Builder's internal use, for customers of Builder, distribution to affiliated entities or third parties, or use in, or in developing, any of our products, services or projects. 

FOSS Review and Approval

All Builder partners acknowledges the following: 

• Builder has the right to approve all FOSS components as a condition of its entry into the Builder Platform, Site, or Services, including the right to use FOSS analysis, management, and compliance tools to scan, evaluate, and determine whether to accept each FOSS component.  
• Partner shall not produce or provide the software or software service not with any FOSS components other than those that have been fully disclosed to and expressly approved in advance by Builder (see below Table 1: FOSS Approval).  

Except for the specified uses of pre-approved FOSS listed in Table 1: FOSS Approval, as updated by the from time to time, before using or permitting any use of any FOSS, Partner must submit the following for review and approval:

• The FOSS Name, Version, License, and Link (such as the URL to its GitHub repository. 
• The intended uses of the FOSS or the software or software service derived from or using the FOSS. 

Consequences for Failure to Comply

Partners who violate any provision of this Policy are subject to rework (nonconformity in the deliverables), up to and including delay or offsetting of payment to Partner and termination of the Agreement.

Changes and Updates

Builder expressly reserves the right to change, modify, or delete the provisions of this Open Source Software Policy without notice. 

You are responsible for consulting and complying with the most current version of this Policy and the list of pre-approved uses of FOSS posted in Table 1: FOSS Approval. If you have any questions regarding this Policy or FOSS that are not addressed in this Policy, please contact the Builder Legal Department at FOSS@Builder.ai

The above table categorizes “classes” of licenses based on the strength of their respective copyleft provisions.  In other words, licenses are categorized based on the extent to which a license requires derivative work to use the same license.

The following are strictly PROHIBITED (NOT APPROVED FOR USE).

General Public License (GPL – all versions), Affero General Public License (AGPL), Open Software License, Common Public License (CPL), Open Public License, Reciprocal Public License, Artistic License, Adaptive Public License, Open Source License 3.0, Apple Public Source License, Computer Associates Trusted Open Source License, CUA Office Public License 1.0, Frameworx License, IBM Public License, Motosoto Open Source License, Nokia Open Source License, OCLC Research Public License 2.0, RealNetworks Public Source License, Ricoh Source Code Public License, Sleepycat License, CC-BY-NC-SA-4.0 and Microsoft Reference License (Ms-RL).  Collectively, these are “Class C” licenses.

Please contact Builder Legal at FOSS@builder.ai to review uncategorized open source licenses, or for any questions relating to Class C licenses.