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Copyright (2022) (Henry Bley-Vroman)(“Licensor”) |
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Lay summary: This license requires that reusers give credit to the |
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creator. It allows reusers to distribute, remix, adapt, and build |
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upon the material in any medium or format, for noncommercial purposes |
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only. If others modify or adapt the material, they must license the |
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modified material under identical terms. This license prohibits the |
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use of software to violate universal standards of human rights. |
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This license brings together CC BY-NC-SA 4.0 (https://creativecommons.org/licenses/by-nc-sa/4.0/legalcode) and the Hippocratic |
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License (https://firstdonoharm.dev/version/3/0/license/license.txt). The combination was not put together |
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by a lawyer; it should be read in the spirit of "CC BY-NC-SA 4.0 with additional Hippocratic License conditions". |
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Commercial use is disallowed but commercial code but the possibility |
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of an agreement being reached whereby the code is used commercially |
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is not ruled out. Any such agreement must be reached with its original |
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creator and Licensor, Henry Bley-Vroman. |
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================================================================ |
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HIPPOCRATIC LICENSE |
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Version 3.0, October 2021 |
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*\Hyperlink* |
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TERMS AND CONDITIONS |
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TERMS AND CONDITIONS FOR USE, COPY, MODIFICATION, PREPARATION OF DERIVATIVE WORK, REPRODUCTION, AND DISTRIBUTION: |
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* DEFINITIONS: |
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This section defines certain terms used throughout this license agreement. |
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1.1. “License” means the terms and conditions, as stated herein, for use, copy, modification, preparation of derivative work, reproduction, and distribution of Software (as defined below). |
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1.2. “Licensor” means the copyright and/or patent owner or entity authorized by the copyright and/or patent owner that is granting the License. |
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1.3. “Licensee” means the individual or entity exercising permissions granted by this License, including the use, copy, modification, preparation of derivative work, reproduction, and distribution of Software (as defined below). |
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1.4. “Software” means any copyrighted work, including but not limited to software code, authored by Licensor and made available under this License. |
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1.5. “Supply Chain” means the sequence of processes involved in the production and/or distribution of a commodity, good, or service offered by the Licensee. |
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1.6. “Supply Chain Impacted Party” or “Supply Chain Impacted Parties” means any person(s) directly impacted by any of Licensee’s Supply Chain, including the practices of all persons or entities within the Supply Chain prior to a good or service reaching the Licensee. |
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1.7. “Duty of Care” is defined by its use in tort law, delict law, and/or similar bodies of law closely related to tort and/or delict law, including without limitation, a requirement to act with the watchfulness, attention, caution, and prudence that a reasonable person in the same or similar circumstances would use towards any Supply Chain Impacted Party. |
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1.8. “Worker” is defined to include any and all permanent, temporary, and agency workers, as well as piece-rate, salaried, hourly paid, legal young (minors), part-time, night, and migrant workers. |
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* INTELLECTUAL PROPERTY GRANTS: |
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This section identifies intellectual property rights granted to a Licensee. |
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2.1. Grant of Copyright License: Subject to the terms and conditions of this License, Licensor hereby grants to Licensee a worldwide, non-exclusive, no-charge, royalty-free copyright license to use, copy, modify, prepare derivative work, reproduce, or distribute the Software, Licensor authored modified software, or other work derived from the Software. |
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2.2 Grant of Patent License: Subject to the terms and conditions of this License, Licensor hereby grants Licensee a worldwide, non-exclusive, no-charge, royalty-free patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer Software. |
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* ETHICAL STANDARDS: |
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This section lists conditions the Licensee must comply with in order to have rights under this License. |
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The rights granted to the Licensee by this License are expressly made subject to the Licensee’s ongoing compliance with the following conditions: |
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3.1. The Licensee SHALL NOT, whether directly or indirectly, through agents or assigns: |
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3.1.1. Infringe upon any person's right to life or security of person, engage in extrajudicial killings, or commit murder, without lawful cause |
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(See Article 3, *United Nations Universal Declaration of Human Rights*; Article 6, *International Covenant on Civil and Political Rights*) |
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3.1.2. Hold any person in slavery, servitude, or forced labor |
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(See Article 4, *United Nations Universal Declaration of Human Rights*; Article 8, *International Covenant on Civil and Political Rights*); |
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3.1.3. Contribute to the institution of slavery, slave trading, forced labor, or unlawful child labor |
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(See Article 4, *United Nations Universal Declaration of Human Rights*; Article 8, *International Covenant on Civil and Political Rights*); |
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3.1.4. Torture or subject any person to cruel, inhumane, or degrading treatment or punishment |
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(See Article 5, *United Nations Universal Declaration of Human Rights*; Article 7, *International Covenant on Civil and Political Rights*); |
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3.1.5. Discriminate on the basis of sex, gender, sexual orientation, race, ethnicity, nationality, religion, caste, age, medical disability or impairment, and/or any other like circumstances |
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(See Article 7, *United Nations Universal Declaration of Human Rights*; Article 2, *International Covenant on Economic, Social and Cultural Rights*; Article 26, *International Covenant on Civil and Political Rights*); |
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3.1.6. Prevent any person from exercising his/her/their right to seek an effective remedy by a competent court or national tribunal (including domestic judicial systems, international courts, arbitration bodies, and other adjudicating bodies) for actions violating the fundamental rights granted to him/her/them by applicable constitutions, applicable laws, or by this License |
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(See Article 8, *United Nations Universal Declaration of Human Rights*; Articles 9 and 14, *International Covenant on Civil and Political Rights*); |
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3.1.7. Subject any person to arbitrary arrest, detention, or exile |
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(See Article 9, *United Nations Universal Declaration of Human Rights*; Article 9, *International Covenant on Civil and Political Rights*); |
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3.1.8. Subject any person to arbitrary interference with a person's privacy, family, home, or correspondence without the express written consent of the person |
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(See Article 12, *United Nations Universal Declaration of Human Rights*; Article 17, *International Covenant on Civil and Political Rights*); |
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3.1.9. Arbitrarily deprive any person of his/her/their property |
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(See Article 17, *United Nations Universal Declaration of Human Rights*); |
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3.1.10. Forcibly remove indigenous peoples from their lands or territories or take any action with the aim or effect of dispossessing indigenous peoples from their lands, territories, or resources, including without limitation the intellectual property or traditional knowledge of indigenous peoples, without the free, prior, and informed consent of indigenous peoples concerned |
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(See Articles 8 and 10, *United Nations Declaration on the Rights of Indigenous Peoples*); |
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3.1.11. (Module -- Carbon Underground 200) Be an individual or entity, or a representative, agent, affiliate, successor, attorney, or assign of an individual or entity, on the FFI Solutions Carbon Underground 200 list; |
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3.1.12. (Module -- Ecocide) Commit ecocide: |
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3.1.12.1 For the purpose of this section, "ecocide" means unlawful or wanton acts committed with knowledge that there is a substantial likelihood of severe and either widespread or long-term damage to the environment being caused by those acts; |
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3.1.12.2 For the purpose of further defining ecocide and the terms contained in the previous paragraph: |
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3.1.12.2.1. "Wanton" means with reckless disregard for damage which would be clearly excessive in relation to the social and economic benefits anticipated; |
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3.1.12.2.2. "Severe" means damage which involves very serious adverse changes, disruption, or harm to any element of the environment, including grave impacts on human life or natural, cultural, or economic resources; |
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3.1.12.2.3. "Widespread" means damage which extends beyond a limited geographic area, crosses state boundaries, or is suffered by an entire ecosystem or species or a large number of human beings; |
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3.1.12.2.4. "Long-term" means damage which is irreversible or which cannot be redressed through natural recovery within a reasonable period of time; and |
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3.1.12.2.5. "Environment" means the earth, its biosphere, cryosphere, lithosphere, hydrosphere, and atmosphere, as well as outer space |
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(See Section II, *Independent Expert Panel for the Legal Definition of Ecocide*, Stop Ecocide Foundation and the Promise Institute for Human Rights at UCLA School of Law, June 2021); |
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3.1.13. (Module -- Extractive Industries) Be an individual or entity, or a representative, agent, affiliate, successor, attorney, or assign of an individual or entity, that engages in fossil fuel or mineral exploration, extraction, development, or sale; |
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3.1.14. (Module -- BDS) Be an individual or entity, or a representative, agent, affiliate, successor, attorney, or assign of an individual or entity, identified by the Boycott, Divestment, Sanctions ("BDS") movement on its website ([https://bdsmovement.net/](https://bdsmovement.net/) and [https://bdsmovement.net/get-involved/what-to-boycott](https://bdsmovement.net/get-involved/what-to-boycott)) as a target for boycott; |
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3.1.15. (Module -- Taliban) Be an individual or entity that: |
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3.1.15.1. engages in any commercial transactions with the Taliban; or |
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3.1.15.2. is a representative, agent, affiliate, successor, attorney, or assign of the Taliban; |
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3.1.16. (Module -- Myanmar) Be an individual or entity that: |
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3.1.16.1. engages in any commercial transactions with the Myanmar/Burmese military junta; or |
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3.1.16.2. is a representative, agent, affiliate, successor, attorney, or assign of the Myanmar/Burmese government; |
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3.1.17. (Module -- Xinjiang Uygur Autonomous Region) Be an individual or entity, or a representative, agent, affiliate, successor, attorney, or assign of any individual or entity, that does business in, purchases goods from, or otherwise benefits from goods produced in the Xinjiang Uygur Autonomous Region of China; |
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3.1.18. (Module -- U.S. Tariff Act) Be an individual or entity: |
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3.1.18.1. which U.S. Customs and Border Protection (CBP) has currently issued a Withhold Release Order (WRO) or finding against based on reasonable suspicion of forced labor; or |
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3.1.18.2. that is a representative, agent, affiliate, successor, attorney, or assign of an individual or entity that does business with an individual or entity which currently has a WRO or finding from CBP issued against it based on reasonable suspicion of forced labor; |
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3.1.19. (Module -- Mass Surveillance) Be a government agency or multinational corporation, or a representative, agent, affiliate, successor, attorney, or assign of a government or multinational corporation, which participates in mass surveillance programs; |
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3.1.20. (Module -- Military Activities) Be an entity or a representative, agent, affiliate, successor, attorney, or assign of an entity which conducts military activities; |
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3.1.21. (Module -- Law Enforcement) Be an individual or entity, or a or a representative, agent, affiliate, successor, attorney, or assign of an individual or entity, that provides good or services to, or otherwise enters into any commercial contracts with, any local, state, or federal law enforcement agency; |
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3.1.22. (Module -- Media) Be an individual or entity, or a or a representative, agent, affiliate, successor, attorney, or assign of an individual or entity, that broadcasts messages promoting killing, torture, or other forms of extreme violence; |
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3.1.23. Interfere with Workers' free exercise of the right to organize and associate |
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(See Article 20, United Nations Universal Declaration of Human Rights; C087 - Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), International Labour Organization; Article 8, International Covenant on Economic, Social and Cultural Rights); and |
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3.1.24. Harm the environment in a manner inconsistent with local, state, national, or international law. |
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3.2. The Licensee SHALL: |
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3.2.1. (Module -- Social Auditing) Only use social auditing mechanisms that adhere to Worker-Driven Social Responsibility Network's Statement of Principles (https://wsr-network.org/what-is-wsr/statement-of-principles/) over traditional social auditing mechanisms, to the extent the Licensee uses any social auditing mechanisms at all; |
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3.2.2. (Module -- Workers on Board of Directors) Ensure that if the Licensee has a Board of Directors, 30% of Licensee's board seats are held by Workers paid no more than 200% of the compensation of the lowest paid Worker of the Licensee; |
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3.2.3. (Module -- Supply Chain Transparency) Provide clear, accessible supply chain data to the public in accordance with the following conditions: |
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3.2.3.1. All data will be on Licensee's website and/or, to the extent Licensee is a representative, agent, affiliate, successor, attorney, subsidiary, or assign, on Licensee's principal's or parent's website or some other online platform accessible to the public via an internet search on a common internet search engine; and |
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3.2.3.2. Data published will include, where applicable, manufacturers, top tier suppliers, subcontractors, cooperatives, component parts producers, and farms; |
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3.2.4. Provide equal pay for equal work where the performance of such work requires equal skill, effort, and responsibility, and which are performed under similar working conditions, except where such payment is made pursuant to: |
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3.2.4.1. A seniority system; |
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3.2.4.2. A merit system; |
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3.2.4.3. A system which measures earnings by quantity or quality of production; or |
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3.2.4.4. A differential based on any other factor other than sex, gender, sexual orientation, race, ethnicity, nationality, religion, caste, age, medical disability or impairment, and/or any other like circumstances |
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(See 29 U.S.C.A. � 206(d)(1); Article 23, *United Nations Universal Declaration of Human Rights*; Article 7, *International Covenant on Economic, Social and Cultural Rights*; Article 26, *International Covenant on Civil and Political Rights*); and |
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3.2.5. Allow for reasonable limitation of working hours and periodic holidays with pay |
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(See Article 24, *United Nations Universal Declaration of Human Rights*; Article 7, *International Covenant on Economic, Social and Cultural Rights*). |
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* SUPPLY CHAIN IMPACTED PARTIES: |
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This section identifies additional individuals or entities that a Licensee could harm as a result of violating the Ethical Standards section, the condition that the Licensee must voluntarily accept a Duty of Care for those individuals or entities, and the right to a private right of action that those individuals or entities possess as a result of violations of the Ethical Standards section. |
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4.1. In addition to the above Ethical Standards, Licensee voluntarily accepts a Duty of Care for Supply Chain Impacted Parties of this License, including individuals and communities impacted by violations of the Ethical Standards. The Duty of Care is breached when a provision within the Ethical Standards section is violated by a Licensee, one of its successors or assigns, or by an individual or entity that exists within the Supply Chain prior to a good or service reaching the Licensee. |
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4.2. Breaches of the Duty of Care, as stated within this section, shall create a private right of action, allowing any Supply Chain Impacted Party harmed by the Licensee to take legal action against the Licensee in accordance with applicable negligence laws, whether they be in tort law, delict law, and/or similar bodies of law closely related to tort and/or delict law, regardless if Licensee is directly responsible for the harms suffered by a Supply Chain Impacted Party. Nothing in this section shall be interpreted to include acts committed by individuals outside of the scope of his/her/their employment. |
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* NOTICE: |
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This section explains when a Licensee must notify others of the License. |
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5.1. Distribution of Notice: Licensee must ensure that everyone who receives a copy of or uses any part of Software from Licensee, with or without changes, also receives the License and the copyright notice included with Software (and if included by the Licensor, patent, trademark, and attribution notice). Licensee must ensure that License is prominently displayed so that any individual or entity seeking to download, copy, use, or otherwise receive any part of Software from Licensee is notified of this License and its terms and conditions. Licensee must cause any modified versions of the Software to carry prominent notices stating that Licensee changed the Software. |
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5.2. Modified Software: Licensee is free to create modifications of the Software and distribute only the modified portion created by Licensee, however, any derivative work stemming from the Software or its code must be distributed pursuant to this License, including this Notice provision. |
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5.3. Recipients as Licensees: Any individual or entity that uses, copies, modifies, reproduces, distributes, or prepares derivative work based upon the Software, all or part of the Software’s code, or a derivative work developed by using the Software, including a portion of its code, is a Licensee as defined above and is subject to the terms and conditions of this License. |
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* REPRESENTATIONS AND WARRANTIES: |
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6.1. Disclaimer of Warranty: TO THE FULL EXTENT ALLOWED BY LAW, THIS SOFTWARE COMES “AS IS,” WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, AND LICENSOR SHALL NOT BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DAMAGES OR OTHER LIABILITY ARISING FROM, OUT OF, OR IN CONNECTION WITH THE SOFTWARE OR THIS LICENSE, UNDER ANY LEGAL CLAIM. |
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6.2. Limitation of Liability: LICENSEE SHALL HOLD LICENSOR HARMLESS AGAINST ANY AND ALL CLAIMS, DEBTS, DUES, LIABILITIES, LIENS, CAUSES OF ACTION, DEMANDS, OBLIGATIONS, DISPUTES, DAMAGES, LOSSES, EXPENSES, ATTORNEYS’ FEES, COSTS, LIABILITIES, AND ALL OTHER CLAIMS OF EVERY KIND AND NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, ANTICIPATED OR UNANTICIPATED, FORESEEN OR UNFORESEEN, ACCRUED OR UNACCRUED, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR RELATING TO LICENSEE’S USE OF THE SOFTWARE. NOTHING IN THIS SECTION SHOULD BE INTERPRETED TO REQUIRE LICENSEE TO INDEMNIFY LICENSOR, NOR REQUIRE LICENSOR TO INDEMNIFY LICENSEE. |
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* TERMINATION |
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7.1. Violations of Ethical Standards or Breaching Duty of Care: If Licensee violates the Ethical Standards section or Licensee, or any other person or entity within the Supply Chain prior to a good or service reaching the Licensee, breaches its Duty of Care to Supply Chain Impacted Parties, Licensee must remedy the violation or harm caused by Licensee within 30 days of being notified of the violation or harm. If Licensee fails to remedy the violation or harm within 30 days, all rights in the Software granted to Licensee by License will be null and void as between Licensor and Licensee. |
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7.2. Failure of Notice: If any person or entity notifies Licensee in writing that Licensee has not complied with the Notice section of this License, Licensee can keep this License by taking all practical steps to comply within 30 days after the notice of noncompliance. If Licensee does not do so, Licensee’s License (and all rights licensed hereunder) will end immediately. |
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7.3. Judicial Findings: In the event Licensee is found by a civil, criminal, administrative, or other court of competent jurisdiction, or some other adjudicating body with legal authority, to have committed actions which are in violation of the Ethical Standards or Supply Chain Impacted Party sections of this License, all rights granted to Licensee by this License will terminate immediately. |
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7.4. Patent Litigation: If Licensee institutes patent litigation against any entity (including a cross-claim or counterclaim in a suit) alleging that the Software, all or part of the Software’s code, or a derivative work developed using the Software, including a portion of its code, constitutes direct or contributory patent infringement, then any patent license, along with all other rights, granted to Licensee under this License will terminate as of the date such litigation is filed. |
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7.5. Additional Remedies: Termination of the License by failing to remedy harms in no way prevents Licensor or Supply Chain Impacted Party from seeking appropriate remedies at law or in equity. |
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* MISCELLANEOUS: |
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8.1. Conditions: Sections 3, 4.1, 5.1, 5.2, 7.1, 7.2, 7.3, and 7.4 are conditions of the rights granted to Licensee in the License. |
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8.2. Equitable Relief: Licensor and any Supply Chain Impacted Party shall be entitled to equitable relief, including injunctive relief or specific performance of the terms hereof, in addition to any other remedy to which they are entitled at law or in equity. |
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8.3. (Module – Copyleft) Copyleft: Modified software, source code, or other derivative work must be licensed, in its entirety, under the exact same conditions as this License. |
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8.4. Severability: If any term or provision of this License is determined to be invalid, illegal, or unenforceable by a court of competent jurisdiction, any such determination of invalidity, illegality, or unenforceability shall not affect any other term or provision of this License or invalidate or render unenforceable such term or provision in any other jurisdiction. If the determination of invalidity, illegality, or unenforceability by a court of competent jurisdiction pertains to the terms or provisions contained in the Ethical Standards section of this License, all rights in the Software granted to Licensee shall be deemed null and void as between Licensor and Licensee. |
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8.5. Section Titles: Section titles are solely written for organizational purposes and should not be used to interpret the language within each section. |
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8.6. Citations: Citations are solely written to provide context for the source of the provisions in the Ethical Standards. |
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8.7. Section Summaries: Some sections have a brief italicized description which is provided for the sole purpose of briefly describing the section and should not be used to interpret the terms of the License. |
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8.8. Entire License: This is the entire License between the Licensor and Licensee with respect to the claims released herein and that the consideration stated herein is the only consideration or compensation to be paid or exchanged between them for this License. This License cannot be modified or amended except in a writing signed by Licensor and Licensee. |
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8.9. Successors and Assigns: This License shall be binding upon and inure to the benefit of the Licensor’s and Licensee’s respective heirs, successors, and assigns. |
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Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International |
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By exercising the Licensed Rights (defined below), You accept and agree |
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Attribution-NonCommercial-ShareAlike 4.0 International Public License |
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e. Effective Technological Measures means those measures that, in the |
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absence of proper authority, may not be circumvented under laws |
|
fulfilling obligations under Article 11 of the WIPO Copyright |
|
Treaty adopted on December 20, 1996, and/or similar international |
|
agreements. |
|
|
|
f. Exceptions and Limitations means fair use, fair dealing, and/or |
|
any other exception or limitation to Copyright and Similar Rights |
|
that applies to Your use of the Licensed Material. |
|
|
|
g. License Elements means the license attributes listed in the name |
|
of a Creative Commons Public License. The License Elements of this |
|
Public License are Attribution, NonCommercial, and ShareAlike. |
|
|
|
h. Licensed Material means the artistic or literary work, database, |
|
or other material to which the Licensor applied this Public |
|
License. |
|
|
|
i. Licensed Rights means the rights granted to You subject to the |
|
terms and conditions of this Public License, which are limited to |
|
all Copyright and Similar Rights that apply to Your use of the |
|
Licensed Material and that the Licensor has authority to license. |
|
|
|
j. Licensor means the individual(s) or entity(ies) granting rights |
|
under this Public License. |
|
|
|
k. NonCommercial means not primarily intended for or directed towards |
|
commercial advantage or monetary compensation. For purposes of |
|
this Public License, the exchange of the Licensed Material for |
|
other material subject to Copyright and Similar Rights by digital |
|
file-sharing or similar means is NonCommercial provided there is |
|
no payment of monetary compensation in connection with the |
|
exchange. |
|
|
|
l. Share means to provide material to the public by any means or |
|
process that requires permission under the Licensed Rights, such |
|
as reproduction, public display, public performance, distribution, |
|
dissemination, communication, or importation, and to make material |
|
available to the public including in ways that members of the |
|
public may access the material from a place and at a time |
|
individually chosen by them. |
|
|
|
m. Sui Generis Database Rights means rights other than copyright |
|
resulting from Directive 96/9/EC of the European Parliament and of |
|
the Council of 11 March 1996 on the legal protection of databases, |
|
as amended and/or succeeded, as well as other essentially |
|
equivalent rights anywhere in the world. |
|
|
|
n. You means the individual or entity exercising the Licensed Rights |
|
under this Public License. Your has a corresponding meaning. |
|
|
|
|
|
Section 2 -- Scope. |
|
|
|
a. License grant. |
|
|
|
1. Subject to the terms and conditions of this Public License, |
|
the Licensor hereby grants You a worldwide, royalty-free, |
|
non-sublicensable, non-exclusive, irrevocable license to |
|
exercise the Licensed Rights in the Licensed Material to: |
|
|
|
a. reproduce and Share the Licensed Material, in whole or |
|
in part, for NonCommercial purposes only; and |
|
|
|
b. produce, reproduce, and Share Adapted Material for |
|
NonCommercial purposes only. |
|
|
|
2. Exceptions and Limitations. For the avoidance of doubt, where |
|
Exceptions and Limitations apply to Your use, this Public |
|
License does not apply, and You do not need to comply with |
|
its terms and conditions. |
|
|
|
3. Term. The term of this Public License is specified in Section |
|
6(a). |
|
|
|
4. Media and formats; technical modifications allowed. The |
|
Licensor authorizes You to exercise the Licensed Rights in |
|
all media and formats whether now known or hereafter created, |
|
and to make technical modifications necessary to do so. The |
|
Licensor waives and/or agrees not to assert any right or |
|
authority to forbid You from making technical modifications |
|
necessary to exercise the Licensed Rights, including |
|
technical modifications necessary to circumvent Effective |
|
Technological Measures. For purposes of this Public License, |
|
simply making modifications authorized by this Section 2(a) |
|
(4) never produces Adapted Material. |
|
|
|
5. Downstream recipients. |
|
|
|
a. Offer from the Licensor -- Licensed Material. Every |
|
recipient of the Licensed Material automatically |
|
receives an offer from the Licensor to exercise the |
|
Licensed Rights under the terms and conditions of this |
|
Public License. |
|
|
|
b. Additional offer from the Licensor -- Adapted Material. |
|
Every recipient of Adapted Material from You |
|
automatically receives an offer from the Licensor to |
|
exercise the Licensed Rights in the Adapted Material |
|
under the conditions of the Adapter's License You apply. |
|
|
|
c. No downstream restrictions. You may not offer or impose |
|
any additional or different terms or conditions on, or |
|
apply any Effective Technological Measures to, the |
|
Licensed Material if doing so restricts exercise of the |
|
Licensed Rights by any recipient of the Licensed |
|
Material. |
|
|
|
6. No endorsement. Nothing in this Public License constitutes or |
|
may be construed as permission to assert or imply that You |
|
are, or that Your use of the Licensed Material is, connected |
|
with, or sponsored, endorsed, or granted official status by, |
|
the Licensor or others designated to receive attribution as |
|
provided in Section 3(a)(1)(A)(i). |
|
|
|
b. Other rights. |
|
|
|
1. Moral rights, such as the right of integrity, are not |
|
licensed under this Public License, nor are publicity, |
|
privacy, and/or other similar personality rights; however, to |
|
the extent possible, the Licensor waives and/or agrees not to |
|
assert any such rights held by the Licensor to the limited |
|
extent necessary to allow You to exercise the Licensed |
|
Rights, but not otherwise. |
|
|
|
2. Patent and trademark rights are not licensed under this |
|
Public License. |
|
|
|
3. To the extent possible, the Licensor waives any right to |
|
collect royalties from You for the exercise of the Licensed |
|
Rights, whether directly or through a collecting society |
|
under any voluntary or waivable statutory or compulsory |
|
licensing scheme. In all other cases the Licensor expressly |
|
reserves any right to collect such royalties, including when |
|
the Licensed Material is used other than for NonCommercial |
|
purposes. |
|
|
|
|
|
Section 3 -- License Conditions. |
|
|
|
Your exercise of the Licensed Rights is expressly made subject to the |
|
following conditions. |
|
|
|
a. Attribution. |
|
|
|
1. If You Share the Licensed Material (including in modified |
|
form), You must: |
|
|
|
a. retain the following if it is supplied by the Licensor |
|
with the Licensed Material: |
|
|
|
i. identification of the creator(s) of the Licensed |
|
Material and any others designated to receive |
|
attribution, in any reasonable manner requested by |
|
the Licensor (including by pseudonym if |
|
designated); |
|
|
|
ii. a copyright notice; |
|
|
|
iii. a notice that refers to this Public License; |
|
|
|
iv. a notice that refers to the disclaimer of |
|
warranties; |
|
|
|
v. a URI or hyperlink to the Licensed Material to the |
|
extent reasonably practicable; |
|
|
|
b. indicate if You modified the Licensed Material and |
|
retain an indication of any previous modifications; and |
|
|
|
c. indicate the Licensed Material is licensed under this |
|
Public License, and include the text of, or the URI or |
|
hyperlink to, this Public License. |
|
|
|
2. You may satisfy the conditions in Section 3(a)(1) in any |
|
reasonable manner based on the medium, means, and context in |
|
which You Share the Licensed Material. For example, it may be |
|
reasonable to satisfy the conditions by providing a URI or |
|
hyperlink to a resource that includes the required |
|
information. |
|
3. If requested by the Licensor, You must remove any of the |
|
information required by Section 3(a)(1)(A) to the extent |
|
reasonably practicable. |
|
|
|
b. ShareAlike. |
|
|
|
In addition to the conditions in Section 3(a), if You Share |
|
Adapted Material You produce, the following conditions also apply. |
|
|
|
1. The Adapter's License You apply must be a Creative Commons |
|
license with the same License Elements, this version or |
|
later, or a BY-NC-SA Compatible License. |
|
|
|
2. You must include the text of, or the URI or hyperlink to, the |
|
Adapter's License You apply. You may satisfy this condition |
|
in any reasonable manner based on the medium, means, and |
|
context in which You Share Adapted Material. |
|
|
|
3. You may not offer or impose any additional or different terms |
|
or conditions on, or apply any Effective Technological |
|
Measures to, Adapted Material that restrict exercise of the |
|
rights granted under the Adapter's License You apply. |
|
|
|
|
|
Section 4 -- Sui Generis Database Rights. |
|
|
|
Where the Licensed Rights include Sui Generis Database Rights that |
|
apply to Your use of the Licensed Material: |
|
|
|
a. for the avoidance of doubt, Section 2(a)(1) grants You the right |
|
to extract, reuse, reproduce, and Share all or a substantial |
|
portion of the contents of the database for NonCommercial purposes |
|
only; |
|
|
|
b. if You include all or a substantial portion of the database |
|
contents in a database in which You have Sui Generis Database |
|
Rights, then the database in which You have Sui Generis Database |
|
Rights (but not its individual contents) is Adapted Material, |
|
including for purposes of Section 3(b); and |
|
|
|
c. You must comply with the conditions in Section 3(a) if You Share |
|
all or a substantial portion of the contents of the database. |
|
|
|
For the avoidance of doubt, this Section 4 supplements and does not |
|
replace Your obligations under this Public License where the Licensed |
|
Rights include other Copyright and Similar Rights. |
|
|
|
|
|
Section 5 -- Disclaimer of Warranties and Limitation of Liability. |
|
|
|
a. UNLESS OTHERWISE SEPARATELY UNDERTAKEN BY THE LICENSOR, TO THE |
|
EXTENT POSSIBLE, THE LICENSOR OFFERS THE LICENSED MATERIAL AS-IS |
|
AND AS-AVAILABLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES OF |
|
ANY KIND CONCERNING THE LICENSED MATERIAL, WHETHER EXPRESS, |
|
IMPLIED, STATUTORY, OR OTHER. THIS INCLUDES, WITHOUT LIMITATION, |
|
WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR |
|
PURPOSE, NON-INFRINGEMENT, ABSENCE OF LATENT OR OTHER DEFECTS, |
|
ACCURACY, OR THE PRESENCE OR ABSENCE OF ERRORS, WHETHER OR NOT |
|
KNOWN OR DISCOVERABLE. WHERE DISCLAIMERS OF WARRANTIES ARE NOT |
|
ALLOWED IN FULL OR IN PART, THIS DISCLAIMER MAY NOT APPLY TO YOU. |
|
|
|
b. TO THE EXTENT POSSIBLE, IN NO EVENT WILL THE LICENSOR BE LIABLE |
|
TO YOU ON ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, |
|
NEGLIGENCE) OR OTHERWISE FOR ANY DIRECT, SPECIAL, INDIRECT, |
|
INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR OTHER LOSSES, |
|
COSTS, EXPENSES, OR DAMAGES ARISING OUT OF THIS PUBLIC LICENSE OR |
|
USE OF THE LICENSED MATERIAL, EVEN IF THE LICENSOR HAS BEEN |
|
ADVISED OF THE POSSIBILITY OF SUCH LOSSES, COSTS, EXPENSES, OR |
|
DAMAGES. WHERE A LIMITATION OF LIABILITY IS NOT ALLOWED IN FULL OR |
|
IN PART, THIS LIMITATION MAY NOT APPLY TO YOU. |
|
|
|
c. The disclaimer of warranties and limitation of liability provided |
|
above shall be interpreted in a manner that, to the extent |
|
possible, most closely approximates an absolute disclaimer and |
|
waiver of all liability. |
|
|
|
|
|
Section 6 -- Term and Termination. |
|
|
|
a. This Public License applies for the term of the Copyright and |
|
Similar Rights licensed here. However, if You fail to comply with |
|
this Public License, then Your rights under this Public License |
|
terminate automatically. |
|
|
|
b. Where Your right to use the Licensed Material has terminated under |
|
Section 6(a), it reinstates: |
|
|
|
1. automatically as of the date the violation is cured, provided |
|
it is cured within 30 days of Your discovery of the |
|
violation; or |
|
|
|
2. upon express reinstatement by the Licensor. |
|
|
|
For the avoidance of doubt, this Section 6(b) does not affect any |
|
right the Licensor may have to seek remedies for Your violations |
|
of this Public License. |
|
|
|
c. For the avoidance of doubt, the Licensor may also offer the |
|
Licensed Material under separate terms or conditions or stop |
|
distributing the Licensed Material at any time; however, doing so |
|
will not terminate this Public License. |
|
|
|
d. Sections 1, 5, 6, 7, and 8 survive termination of this Public |
|
License. |
|
|
|
|
|
Section 7 -- Other Terms and Conditions. |
|
|
|
a. The Licensor shall not be bound by any additional or different |
|
terms or conditions communicated by You unless expressly agreed. |
|
|
|
b. Any arrangements, understandings, or agreements regarding the |
|
Licensed Material not stated herein are separate from and |
|
independent of the terms and conditions of this Public License. |
|
|
|
|
|
Section 8 -- Interpretation. |
|
|
|
a. For the avoidance of doubt, this Public License does not, and |
|
shall not be interpreted to, reduce, limit, restrict, or impose |
|
conditions on any use of the Licensed Material that could lawfully |
|
be made without permission under this Public License. |
|
|
|
b. To the extent possible, if any provision of this Public License is |
|
deemed unenforceable, it shall be automatically reformed to the |
|
minimum extent necessary to make it enforceable. If the provision |
|
cannot be reformed, it shall be severed from this Public License |
|
without affecting the enforceability of the remaining terms and |
|
conditions. |
|
|
|
c. No term or condition of this Public License will be waived and no |
|
failure to comply consented to unless expressly agreed to by the |
|
Licensor. |
|
|
|
d. Nothing in this Public License constitutes or may be interpreted |
|
as a limitation upon, or waiver of, any privileges and immunities |
|
that apply to the Licensor or You, including from the legal |
|
processes of any jurisdiction or authority. |
|
|
|
======================================================================= |
|
|
|
Creative Commons is not a party to its public |
|
licenses. Notwithstanding, Creative Commons may elect to apply one of |
|
its public licenses to material it publishes and in those instances |
|
will be considered the “Licensor.” The text of the Creative Commons |
|
public licenses is dedicated to the public domain under the CC0 Public |
|
Domain Dedication. Except for the limited purpose of indicating that |
|
material is shared under a Creative Commons public license or as |
|
otherwise permitted by the Creative Commons policies published at |
|
creativecommons.org/policies, Creative Commons does not authorize the |
|
use of the trademark "Creative Commons" or any other trademark or logo |
|
of Creative Commons without its prior written consent including, |
|
without limitation, in connection with any unauthorized modifications |
|
to any of its public licenses or any other arrangements, |
|
understandings, or agreements concerning use of licensed material. For |
|
the avoidance of doubt, this paragraph does not form part of the |
|
public licenses. |
|
|
|
Creative Commons may be contacted at creativecommons.org. |