KGAS Specification

Free and Open Source Software KGAS

[A: QLAH_KGAS_42802486]

This chapter applies to systems and software (deliverable) which uses Free and Open Source Software (see KGAS_3820).

[A: QLAH_KGAS_42802487]

The use of FOSS is only permitted if the Contractor has observed and successfully completed the respective FOSS process of the Contracting authority, fulfills all license requirements of the FOSS used and the specifications of this clause 5.14.
This also applies if the relevant license conditions expressly permit this use in both original and edited or other form. In addition, if the Volkswagen, Volkswagen Commercial Vehicle or AUDI AG brands are the Contracting authority, FOSS may only be used if the prior consent of the Contracting authority has been obtained in written form.

[I: QLAH_KGAS_42802488]

A copyleft license is a form of use and license terms for open source software that contains conditions that may result in the software elements integrated or connected to the respective open source software also being distributed only under the respective terms of use and license of this copyleft license (effect of the so-called copyleft effect).
The Contractor should ensure that the Delivered Software does not contain any license incompatibilities.

[A: QLAH_KGAS_42802489]

The Contractor shall not use FOSS in the deliverable in such a way that causes a copyleft effect for newly developed or pre-existing proprietary software under the agreement.
Exceptions are adjustments within preexisting FOSS components (e.g. bug fixes and adaptations to the specific hardware) and individual cases agreed with the Contracting authority.

[A: QLAH_KGAS_42802490]

The Contractor may only use FOSS in the delivered software which does not restrict the contractual and intended use of its services by the Contracting authority and Volkswagen Group companies (see also KGAS_3923).

[A: QLAH_KGAS_42802491]

If and insofar as proprietary software is linked to software components licensed under GNU Lesser General Public License v2.1 (LGPL-2.1), the Contractor hereby grants the Contracting authority the transferrable and sub-licensable right to modify proprietary software contained in the contractual products for its own use and to carry out reverse engineering for the purpose of debugging such processing.

[A: QLAH_KGAS_42802492]

The Contractor shall ensure to grant the Contracting authority the aforesaid right (KGAS_4097) also with regard to any third party software components.

[A: QLAH_KGAS_42802493]

The Contractor shall provide the Contracting authority with information on all free and open source software elements used in the delivered software.
For each software element used, the following information shall be included: Component Name/Unit Name Unique version identifier License name with unique license version number Complete license text Download link of the license text and source code including the last access date Source code and copyright notices Information on whether source code and copyright notices are to be shared or disclosed Any sub-elements required for the use of the software element, including the aforementioned details on licensing Information as to whether the license prescribes a mandatory provision of the license information to the end user Interface information for the integration of open source software components with the exclusion of the triggering of copyleft effects Any files contained in the software component and under a different license, including the aforementioned licensing information.

[A: QLAH_KGAS_42802494]

The Contractor shall provide the Contracting authority with the information required in KGAS_3801 with each version of the software (release, update, version, etc.) as well as at the request of the Contracting authority, whereby both a complete overview shall be made available as well as a delta overview that marks the changes in comparison with the previous status.

[A: QLAH_KGAS_42802495]

Before delivery the Contractor shall test the Delivered Software with commercially available analysis software for contained FOSS elements including their dependencies and any sub-elements (including files).

[A: QLAH_KGAS_42802496]

At the request of the Contracting authority, the Contractor shall provide the Contracting authority with the details, materials, documents and results of the analysis carried out (KGAS_3824).

[A: QLAH_KGAS_42802497]

If the Contractor implements a technical solution patented or for which a patent has been applied for by the Contracting authority, no open source software solutions may be used, whose licenses impede the cost liable licensing of the patent (see also KGAS_3923).

[A: QLAH_KGAS_42802498]

Furthermore, the use of FOSS by the Contractor may only happen in such a way that there is no conflict with the digital signature or the authenticated vehicle programming procedure of the Contracting authority and that authentication information, cryptographic keys or other information relating to the software used in the vehicle remain unaffected and, in particular, do not have to be disclosed to third parties and that third parties do not otherwise have to reinstall (changed) code in the vehicle shall be made possible.

[A: QLAH_KGAS_42802499]

If the Contracting authority requires certification according to ISO/IEC 5230:2020(E) from the Contractor before the conclusion of the contract, the Contractor assumes as an essential contractual obligation either to prove the certification carried out by an external certification service provider in a suitable form upon conclusion of the contract or to have it carried out by such a provider and to prove it within six months of the conclusion of the contract.