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AGPL software licensing question

Hi there.

We develop a Software Suite of apps we make available to our customers on their premises or hosted by us.

The Suite of apps is a series of Windows executable, libraries and web pages running on Windows Server.

It is commercially licensed and sold by our company.

One of the app is a Fax Server, that uses Ghostscript component to convert docs.

Ghostscript is licensed by Artifex, under AGPL or commercial. We do not have any commercial agreement with Artifex.

We use Ghostscript as an independent executable, called by another independent executable within the Fax Server application.

We would be easily able to replace Ghostscript with another doc converter if needed (we were using a different one in the past).

This is the statement regarding the AGPL license available on Artifex website:

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Corresponding Source – If you combine our software with other software, you might have further obligations under AGPL that you would not have under our alternative commercial license. The conditions of AGPL require you to provide the Corresponding Source code for any binaries you distribute. This may include source code for your application.

The Corresponding Source includes "all the source code needed to generate, install and (for an executable work) run the object code and to modify the work, including scripts to control those activities." For example, if you ship an executable product that includes your application and Ghostscript in a single executable, including integration via static linking, dynamic linking, or any other means that produces a single executable at compile, build, or runtime, then the entire executable must be made available in source code form under AGPL3.

If you meet certain criteria, then we will not consider your distribution of your application in an executable form to be in violation of AGPL, even though you ship an executable product that includes your application and Ghostscript. Here are the criteria:

• It is conspicuous and clear to the end user that he/she is getting access to two separate pieces of software (i.e., AGPL Ghostscript in addition to the application using this product).

• The end user has the ability to opt out of installing the AGPL version of our products during the install process.

• Each AGPL module is separable and replaceable within the build.

• The available source code for the AGPL modules must be for the build that corresponds with your binaries.

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So my questions are:

1) Do we need to release as opensource our App even if we use Ghostscript as a separate and replaceable component? (We expect to be in the exception situation)

2) If needed, do we need to disclose the Executable calling the Ghostscript executable or all our Fax Server App within the Suite?

Thanks

Christian

Evner: Jura, Software Documentation, Software Testning, Windows Server

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