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LICENSE
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Copyright 2019-2024 Bill Segall. All rights reserved.
Hippocratic License Version Number: 2.1.
See https://firstdonoharm.dev/ - it's basically BSD 2 clause with a
do-no-evil caveat.
Purpose. The purpose of this License is for the Licensor named above
to permit the Licensee (as defined below) broad permission, if
consistent with Human Rights Laws and Human Rights Principles (as each
is defined below), to use and work with the Software (as defined
below) within the full scope of Licensor’s copyright and patent
rights, if any, in the Software, while ensuring attribution and
protecting the Licensor from liability.
Permission and Conditions. The Licensor grants permission by this
license (“License”), free of charge, to the extent of Licensor’s
rights under applicable copyright and patent law, to any person or
entity (the “Licensee”) obtaining a copy of this software and
associated documentation files (the “Software”), to do everything with
the Software that would otherwise infringe (i) the Licensor’s
copyright in the Software or (ii) any patent claims to the Software
that the Licensor can license or becomes able to license, subject to
all of the following terms and conditions:
Acceptance. This License is automatically offered to every person and
entity subject to its terms and conditions. Licensee accepts this
License and agrees to its terms and conditions by taking any action
with the Software that, absent this License, would infringe any
intellectual property right held by Licensor.
Notice. Licensee must ensure that everyone who gets a copy of any part
of this Software from Licensee, with or without changes, also receives
the License and the above copyright notice (and if included by the
Licensor, patent, trademark and attribution notice). Licensee must
cause any modified versions of the Software to carry prominent notices
stating that Licensee changed the Software. For clarity, although
Licensee is free to create modifications of the Software and
distribute only the modified portion created by Licensee with
additional or different terms, the portion of the Software not
modified must be distributed pursuant to this License. If anyone
notifies Licensee in writing that Licensee has not complied with this
Notice section, Licensee can keep this License by taking all practical
steps to comply within 30 days after the notice. If Licensee does not
do so, Licensee’s License (and all rights licensed hereunder) shall
end immediately.
Compliance with Human Rights Principles and Human Rights Laws.
Human Rights Principles.
(a) Licensee is advised to consult the articles of the United Nations
Universal Declaration of Human Rights and the United Nations
Global Compact that define recognized principles of international
human rights (the “Human Rights Principles”). Licensee shall use
the Software in a manner consistent with Human Rights Principles.
(b) Unless the Licensor and Licensee agree otherwise, any dispute,
controversy, or claim arising out of or relating to (i) Section
1(a) regarding Human Rights Principles, including the breach of
Section 1(a), termination of this License for breach of the Human
Rights Principles, or invalidity of Section 1(a) or (ii) a
determination of whether any Law is consistent or in conflict with
Human Rights Principles pursuant to Section 2, below, shall be
settled by arbitration in accordance with the Hague Rules on
Business and Human Rights Arbitration (the “Rules”); provided,
however, that Licensee may elect not to participate in such
arbitration, in which event this License (and all rights licensed
hereunder) shall end immediately. The number of arbitrators shall
be one unless the Rules require otherwise.
Unless both the Licensor and Licensee agree to the contrary: (1) All
documents and information concerning the arbitration shall be public
and may be disclosed by any party; (2) The repository referred to
under Article 43 of the Rules shall make available to the public in a
timely manner all documents concerning the arbitration which are
communicated to it, including all submissions of the parties, all
evidence admitted into the record of the proceedings, all transcripts
or other recordings of hearings and all orders, decisions and awards
of the arbitral tribunal, subject only to the arbitral tribunal’s
powers to take such measures as may be necessary to safeguard the
integrity of the arbitral process pursuant to Articles 18, 33, 41 and
42 of the Rules; and (3) Article 26(6) of the Rules shall not apply.
Human Rights Laws. The Software shall not be used by any person or
entity for any systems, activities, or other uses that violate any
Human Rights Laws. “Human Rights Laws” means any applicable laws,
regulations, or rules (collectively, “Laws”) that protect human,
civil, labor, privacy, political, environmental, security, economic,
due process, or similar rights; provided, however, that such Laws are
consistent and not in conflict with Human Rights Principles (a dispute
over the consistency or a conflict between Laws and Human Rights
Principles shall be determined by arbitration as stated above). Where
the Human Rights Laws of more than one jurisdiction are applicable or
in conflict with respect to the use of the Software, the Human Rights
Laws that are most protective of the individuals or groups harmed
shall apply.
Indemnity. Licensee shall hold harmless and indemnify Licensor (and
any other contributor) against all losses, damages, liabilities,
deficiencies, claims, actions, judgments, settlements, interest,
awards, penalties, fines, costs, or expenses of whatever kind,
including Licensor’s reasonable attorneys’ fees, arising out of or
relating to Licensee’s use of the Software in violation of Human
Rights Laws or Human Rights Principles.
Failure to Comply. Any failure of Licensee to act according to the
terms and conditions of this License is both a breach of the License
and an infringement of the intellectual property rights of the
Licensor (subject to exceptions under Laws, e.g., fair use). In the
event of a breach or infringement, the terms and conditions of this
License may be enforced by Licensor under the Laws of any jurisdiction
to which Licensee is subject. Licensee also agrees that the Licensor
may enforce the terms and conditions of this License against Licensee
through specific performance (or similar remedy under Laws) to the
extent permitted by Laws. For clarity, except in the event of a breach
of this License, infringement, or as otherwise stated in this License,
Licensor may not terminate this License with Licensee.
Enforceability and Interpretation. If any term or provision of this
License is determined to be invalid, illegal, or unenforceable by a
court of competent jurisdiction, then such 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; provided, however, subject to a court
modification pursuant to the immediately following sentence, if any
term or provision of this License pertaining to Human Rights Laws or
Human Rights Principles is deemed invalid, illegal, or unenforceable
against Licensee by a court of competent jurisdiction, all rights in
the Software granted to Licensee shall be deemed null and void as
between Licensor and Licensee. Upon a determination that any term or
provision is invalid, illegal, or unenforceable, to the extent
permitted by Laws, the court may modify this License to affect the
original purpose that the Software be used in compliance with Human
Rights Principles and Human Rights Laws as closely as possible. The
language in this License shall be interpreted as to its fair meaning
and not strictly for or against any party.
Disclaimer. TO THE FULL EXTENT ALLOWED BY LAW, THIS SOFTWARE COMES “AS
IS,” WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, AND LICENSOR AND ANY
OTHER CONTRIBUTOR SHALL NOT BE LIABLE TO ANYONE FOR ANY DAMAGES OR
OTHER LIABILITY ARISING FROM, OUT OF, OR IN CONNECTION WITH THE
SOFTWARE OR THIS LICENSE, UNDER ANY KIND OF LEGAL CLAIM.
This Hippocratic License is an Ethical Source license
(https://ethicalsource.dev) and is offered for use by licensors and
licensees at their own risk, on an “AS IS” basis, and with no
warranties express or implied, to the maximum extent permitted by
Laws.