From 514b86dd7f55f4689b8ec5785a8e4798fc1d7624 Mon Sep 17 00:00:00 2001 From: Emi Simpson Date: Sun, 6 Feb 2022 10:55:18 -0500 Subject: [PATCH] Put in license text --- src/License/Hippocratic.elm | 371 +++++++++++++++++++------- src/License/NPL.elm | 515 ++++++++++++++++++++++++++++++++++-- 2 files changed, 777 insertions(+), 109 deletions(-) diff --git a/src/License/Hippocratic.elm b/src/License/Hippocratic.elm index 49444c5..3e69949 100644 --- a/src/License/Hippocratic.elm +++ b/src/License/Hippocratic.elm @@ -71,15 +71,15 @@ moduleInfo mod = case mod of CarbonUnderground -> { name = "Carbon Underground 200" , desc = - [ text - """ - Disallow use by the top global publicly-owned coal, oil, and gas reserve (judged - by - """ + [ text (String.trim """ +Disallow use by the top global publicly-owned coal, oil, and gas reserve (judged by +""") + , text " " , a [ href "https://www.ffisolutions.com/research-analytics-index-solutions/research-screening/the-carbon-underground-200/" ] - [ text "the FFI Carbon Underground 200)" ] + [ text "the FFI Carbon Underground 200" ] + , text ")" ] , index = 0 } @@ -91,11 +91,9 @@ moduleInfo mod = case mod of Extractive -> { name = "Extractive Industries" , desc = - [text - """ - Disallow use by anyone involved in fossil fuel / mineral exploitation, - extraction, development, and sale - """ + [text (String.trim """ +Disallow use by anyone involved in fossil fuel / mineral exploitation, extraction, development, and sale +""") ] , index = 2 } @@ -106,7 +104,7 @@ moduleInfo mod = case mod of , a [ href "https://bdsmovement.net/" ] [ text "Boycott, Divestment, Sanctions'" ] - , text "list" + , text " list" ] , index = 3 } @@ -118,150 +116,339 @@ moduleInfo mod = case mod of Myanmar -> { name = "Myanmar" , desc = - [ text - """ - Disallow use by anyone who trades with, works with, or is the Myanmar/Burmese - military - """ + [ text (String.trim """ +Disallow use by anyone who trades with, works with, or is the Myanmar/Burmese military +""") ] , index = 5 } XinjiangUygar -> { name = "Xinjiang Uygur Autonomous Region" , desc = - [ text - """ - Disallow use by anyone who works with or is someone who benefits from goods - produced in the Xinjiang Uygur Autonomous Region of China - """ + [ text (String.trim """ +Disallow use by anyone who works with or is someone who benefits from goods produced in the Xinjiang Uygur Autonomous Region of China +""") ] , index = 6 } UsTariff -> { name = "U.S. Tariff Act" , desc = - [ text - """ - Disallow use by anyone who works with or is someone who the U.S. Customs and - Border Protection believes uses forced labor - """ + [ text (String.trim """ +Disallow use by anyone who works with or is someone who the U.S. Customs and Border Protection believes uses forced labor +""") ] , index = 7 } Surveillance -> { name = "Mass Surveillance" , desc = - [ text - """ - Disallow use by anyone who works with or is a goverment/multinational corporation - who participates in a mass-surveilence program - """ + [ text (String.trim """ +Disallow use by anyone who works with or is a goverment/multinational corporation who participates in a mass-surveilence program +""") ] , index = 8 } Military -> { name = "Military Activities" , desc = - [ text - """ - Disallow use by anyone who works with or is a goverment/multinational corporation - who conducts military activities - """ + [ text (String.trim """ +Disallow use by anyone who works with or is a goverment/multinational corporation who conducts military activities +""") ] , index = 9 } LawEnforcement -> { name = "Law Enforcement" , desc = - [ text - """ - Disallow use by anyone who works with or anyone who trades with or offers support - to local, state, or federal law enforcement - """ + [ text (String.trim """ +Disallow use by anyone who works with or anyone who trades with or offers support to local, state, or federal law enforcement +""") ] , index = 10 } Media -> { name = "Media" , desc = - [ text - """ - Disallow use by anyone who is or works with someone who broadcasts messages - promoting violence - """ + [ text (String.trim """ +Disallow use by anyone who is or works with someone who broadcasts messages promoting violence +""") ] , index = 11 } SocialAuditing -> { name = "Social Auditing" , desc = - [ text - """ - Require that organizations that use your software only use social auditing methods - that adhere to the principles of the - """ + [ text (String.trim """ +Require that organizations that use your software only use social auditing methods that adhere to the principles of the +""") + , text " " , a [ href "https://wsr-network.org/what-is-wsr/statement-of-principles/" ] - [ text "Worker-Driven Social Responsibility Network," ] - , text - """ - or not use social auditing methods at all - """ + [ text "Worker-Driven Social Responsibility Network" ] + , text ", or not use social auditing methods at all" ] , index = 12 } BoardOfDirectors -> { name = "Workers on Board of Directors" , desc = - [ text - """ - If the organization using your software has a board of directors, require that - they have at least 30% of the seats on the board be paid less than twice the - amount of the the lowest paid worker in the organization - """ + [ text (String.trim """ +If the organization using your software has a board of directors, require that they have at least 30% of the seats on the board be paid less than twice the amount of the the lowest paid worker in the organization +""") ] , index = 13 } SupplyChain -> { name = "Supply Chain Transparency" , desc = - [ text - """ - Require that whoever uses your software must publish information about their - supply chain on a public website - """ + [ text (String.trim """ +Require that whoever uses your software must publish information about their supply chain on a public website +""") ] , index = 14 } Copyleft -> { name = "Copyleft" , desc = - [ text - """ - Require that any modifications or derivitive works based on your software or - source code be licensed under the exact same license - """ + [ text (String.trim """ +Require that any modifications or derivitive works based on your software or source code be licensed under the exact same license +""") ] , index = 15 } getTemplate : DownloadType -> List (Maybe Module, String) -getTemplate _ = - [ (Nothing, "Hippocratic filler text") - , (Just CarbonUnderground, "CU200 enabled") - , (Just Ecocide, "Ecocide enabled") - , (Just Extractive, "Extractive enabled") - , (Just BDS, "BDS enabled") - , (Just Taliban, "Taliban enabled") - , (Just Myanmar, "Myanmar enabled") - , (Just XinjiangUygar, "Uygar enabled") - , (Just UsTariff, "UST enabled") - , (Just Surveillance, "Surv enabled") - , (Just Military, "MILI enabled") - , (Just LawEnforcement, "COPS enabled") - , (Just Media, "MEDIA enabled") - , (Just SocialAuditing, "AUDIT enabled") - , (Just BoardOfDirectors, "BOD enabled") - , (Just SupplyChain, "CHAIN enabled") - , (Just Copyleft, "COPYLEFT enabled") - ] +getTemplate _ = [ (Nothing, + """ +**HIPPOCRATIC LICENSE** + + **Version 3.0, October 2021** + + **TERMS AND CONDITIONS** + +TERMS AND CONDITIONS FOR USE, COPY, MODIFICATION, PREPARATION OF DERIVATIVE WORK, REPRODUCTION, AND DISTRIBUTION: + +1. **DEFINITIONS:** + + *This section defines certain terms used throughout this license agreement.* + + 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). + + 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. + + 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). + + 1.4. "Software" means any copyrighted work, including but not limited to software code, authored by Licensor and made available under this License. + + 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. + + 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. + + 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. + + 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. + +2. **INTELLECTUAL PROPERTY GRANTS:** + + *This section identifies intellectual property rights granted to a Licensee*. + + 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. + + 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. + +3. **ETHICAL STANDARDS:** + + *This section lists conditions the Licensee must comply with in order to have rights under this License.* + + The rights granted to the Licensee by this License are expressly made subject to the Licensee's ongoing compliance with the following conditions: + + 3.1. The Licensee SHALL NOT, whether directly or indirectly, through agents or assigns: + + 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 + (See Article 3, *United Nations Universal Declaration of Human Rights*; Article 6, *International Covenant on Civil and Political Rights*) + + 3.1.2. Hold any person in slavery, servitude, or forced labor + (See Article 4, *United Nations Universal Declaration of Human Rights*; Article 8, *International Covenant on Civil and Political Rights*); + + 3.1.3. Contribute to the institution of slavery, slave trading, forced labor, or unlawful child labor + (See Article 4, *United Nations Universal Declaration of Human Rights*; Article 8, *International Covenant on Civil and Political Rights*); + + 3.1.4. Torture or subject any person to cruel, inhumane, or degrading treatment or punishment + (See Article 5, *United Nations Universal Declaration of Human Rights*; Article 7, *International Covenant on Civil and Political Rights*); + + 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 + (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*); + + 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 + (See Article 8, *United Nations Universal Declaration of Human Rights*; Articles 9 and 14, *International Covenant on Civil and Political Rights*); + + 3.1.7. Subject any person to arbitrary arrest, detention, or exile + (See Article 9, *United Nations Universal Declaration of Human Rights*; Article 9, *International Covenant on Civil and Political Rights*); + + 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 + (See Article 12, *United Nations Universal Declaration of Human Rights*; Article 17, *International Covenant on Civil and Political Rights*); + + 3.1.9. Arbitrarily deprive any person of his/her/their property + (See Article 17, *United Nations Universal Declaration of Human Rights*); + + 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 + (See Articles 8 and 10, *United Nations Declaration on the Rights of Indigenous Peoples*); +"""), (Just CarbonUnderground, + """ + 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; +"""), (Just Ecocide, + """ + 3.1.12. (Module -- Ecocide) Commit ecocide: + + 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; + + 3.1.12.2 For the purpose of further defining ecocide and the terms contained in the previous paragraph: + + 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; + + 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; + + 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; + + 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 + + 3.1.12.2.5. "Environment" means the earth, its biosphere, cryosphere, lithosphere, hydrosphere, and atmosphere, as well as outer space + + (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); +"""), (Just Extractive, + """ + 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; +"""), (Just BDS, + """ + 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; +"""), (Just Taliban, + """ + 3.1.15. (Module -- Taliban) Be an individual or entity that: + + 3.1.15.1. engages in any commercial transactions with the Taliban; or + + 3.1.15.2. is a representative, agent, affiliate, successor, attorney, or assign of the Taliban; +"""), (Just Myanmar, + """ + 3.1.16. (Module -- Myanmar) Be an individual or entity that: + + 3.1.16.1. engages in any commercial transactions with the Myanmar/Burmese military junta; or + + 3.1.16.2. is a representative, agent, affiliate, successor, attorney, or assign of the Myanmar/Burmese government; +"""), (Just XinjiangUygar, + """ + 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; +"""), (Just UsTariff, + """ + 3.1.18. (Module -- U.S. Tariff Act) Be an individual or entity: + + 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 + + 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; +"""), (Just Surveillance, + """ + 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; +"""), (Just Military, + """ + 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; +"""), (Just LawEnforcement, + """ + 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; +"""), (Just Media, + """ + 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; +"""), (Nothing, + """ + 3.1.23. Interfere with Workers' free exercise of the right to organize and associate + (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 + + 3.1.24. Harm the environment in a manner inconsistent with local, state, national, or international law. + + 3.2. The Licensee SHALL: +"""), (Just SocialAuditing, + """ + 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; +"""), (Just BoardOfDirectors, + """ + 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; +"""), (Just SupplyChain, + """ + 3.2.3. (Module -- Supply Chain Transparency) Provide clear, accessible supply chain data to the public in accordance with the following conditions: + + 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 + + 3.2.3.2. Data published will include, where applicable, manufacturers, top tier suppliers, subcontractors, cooperatives, component parts producers, and farms; +"""), (Nothing, + """ + 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: + + 3.2.4.1. A seniority system; + + 3.2.4.2. A merit system; + + 3.2.4.3. A system which measures earnings by quantity or quality of production; or + + 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 + (See 29 U.S.C.A. section 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 + + 3.2.5. Allow for reasonable limitation of working hours and periodic holidays with pay + (See Article 24, *United Nations Universal Declaration of Human Rights*; Article 7, *International Covenant on Economic, Social and Cultural Rights*). + +4. **SUPPLY CHAIN IMPACTED PARTIES:** + + *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.* + + 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. + + 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. + +5. **NOTICE:** + *This section explains when a Licensee must notify others of the License.* + + 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. + + 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. + + 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. + +6. **REPRESENTATIONS AND WARRANTIES:** + + 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. + + 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. + +7. **TERMINATION** + + 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. + + 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. + + 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. + + 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. + + 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. + +8. **MISCELLANEOUS:** + + 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. + + 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. +"""), (Just Copyleft, + """ + 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. +"""), (Nothing, + """ + 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. + + 8.5. *Section Titles*: Section titles are solely written for organizational purposes and should not be used to interpret the language within each section. + + 8.6. *Citations*: Citations are solely written to provide context for the source of the provisions in the Ethical Standards. + + 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. + + 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. + + 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. +""")] diff --git a/src/License/NPL.elm b/src/License/NPL.elm index 813b68d..705ebc8 100644 --- a/src/License/NPL.elm +++ b/src/License/NPL.elm @@ -43,32 +43,513 @@ moduleInfo mod = case mod of WorkerOwnership -> { name = "Worker Ownership" , desc = - [ text - """ - Restrict comercial use of your software to worker-owned businesses and - collectives. Rights are still granted for non-comercial use by traditional - businesses and individuals. - """ + [ text (String.trim """ +Restrict comercial use of your software to worker-owned businesses and collectives. Rights are still granted for non-comercial use by traditional businesses and individuals. +""") ] , index = 0 } Attribution -> { name = "Attribution" , desc = - [ text - """ - Require that anyone who uses the software list your name/psuedonym, the original - title of the software, the website/repository of the project, and credit in the - case of attribution. You can always ask distributors to take down the attribution - as well - """ + [ text (String.trim """ +Require that anyone who uses the software list your name/psuedonym, the original title of the software, the website/repository of the project, and credit in the case of attribution. You can always ask distributors to take down the attribution as well. +""") ] , index = 1 } getTemplate : DownloadType -> List (Maybe Module, String) -getTemplate _ = - [ (Nothing, "NPL filler text") - , (Just WorkerOwnership, "+ Cooperative") - , (Just Attribution, "+ Attribution") +getTemplate _ = [ (Nothing, + """THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS +COOPERATIVE NON-VIOLENT PUBLIC LICENSE (\"LICENSE\"). THE WORK IS +PROTECTED BY COPYRIGHT AND ALL OTHER APPLICABLE LAWS. ANY USE OF THE +WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS +PROHIBITED. BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED IN THIS +LICENSE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE.TO THE +EXTENT THIS LICENSE MAY BE CONSIDERED TO BE A CONTRACT, THE LICENSOR +GRANTS YOU THE RIGHTS CONTAINED HERE IN AS CONSIDERATION FOR ACCEPTING +THE TERMS AND CONDITIONS OF THIS LICENSE AND FOR AGREEING TO BE BOUND BY +THE TERMS AND CONDITIONS OF THIS LICENSE. + +# Definitions + +An Act of War is any action of one country against any group either with +an intention to provoke a conflict or an action that occurs during a +declared war or during armed conflict between military forces of any +origin. This includes but is not limited to enforcing sanctions or +sieges, supplying armed forces, or profiting from the manufacture of +tools or weaponry used in military conflict. + +An Adaptation is a work based upon the Work, or upon the Work and other +pre-existing works, such as a translation, adaptation, derivative work, +arrangement of music or other alterations of a literary or artistic +work, or phonogram or performance and includes cinematographic +adaptations or any other form in which the Work may be recast, +transformed, or adapted including in any form recognizably derived from +the original, except that a work that constitutes a Collection will not +be considered an Adaptation for the purpose of this License. For the +avoidance of doubt, where the Work is a musical work, performance or +phonogram, the synchronization of the Work in timed-relation with a +moving image (\"synching\") will be considered an Adaptation for the +purpose of this License. In addition, where the Work is designed to +output a neural network the output of the neural network will be +considered an Adaptation for the purpose of this license. + +Bodily Harm is any physical hurt or injury to a person that interferes +with the health or comfort of the person and that is more than merely +transient or trifling in nature. + +Distribute is to make available to the public the original and copies of +the Work or Adaptation, as appropriate, through sale, gift or any other +transfer of possession or ownership. + +Incarceration is Confinement in a jail, prison, or any other place where +individuals of any kind are held against either their will or (if their +will cannot be determined) the will of their legal guardian or +guardians. In the case of a conflict between the will of the individual +and the will of their legal guardian or guardians, the will of the +individual will take precedence. + +Licensor is The individual, individuals, entity, or entities that +offer(s) the Work under the terms of this License + +Original Author is in the case of a literary or artistic work, the +individual, individuals, entity or entities who created the Work or if +no individual or entity can be identified, the publisher; and in +addition + +- in the case of a performance the actors, singers, musicians, + dancers, and other persons who act, sing, deliver, declaim, play in, + interpret or otherwise perform literary or artistic works or + expressions of folklore; + +- in the case of a phonogram the producer being the person or legal + entity who first fixes the sounds of a performance or other sounds; + and, + +- in the case of broadcasts, the organization that transmits the + broadcast. + +Work is the literary and/or artistic work offered under the terms of +this License including without limitation any production in the +literary, scientific and artistic domain, whatever may be the mode or +form of its expression including digital form, such as a book, pamphlet +and other writing; 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to make available to the public Works in such a way that +members of the public may access these Works from a place and at a place +individually chosen by them; to perform the Work to the public by any +means or process and the communication to the public of the performances +of the Work, including by public digital performance; to broadcast and +rebroadcast the Work by any means including signs, sounds or images. + +Reproduce is to make copies of the Work by any means including without +limitation by sound or visual recordings and the right of fixation and +reproducing fixations of the Work, including storage of a protected +performance or phonogram in digital form or other electronic medium. + +Software is any digital Work which, through use of a third-party piece +of Software or through the direct usage of itself on a computer system, +the memory of the computer is modified dynamically or semi-dynamically. +\"Software\", secondly, processes or interprets information. + +Source Code is Any digital Work which, through use of a third-party +piece of Software or through the direct usage of itself on a computer +system, the memory of the computer is modified dynamically or +semi-dynamically. \"Software\", secondly, processes or interprets +information. + +Surveilling is the use of the Work to either overtly or covertly observe +and record persons and or their activities. + +A Network Service is the use of a piece of Software to interpret or +modify information that is subsequently and directly served to users +over the Internet. + +To Discriminate is the use of a piece of Software to interpret or modify +information that is subsequently and directly served to users over the +Internet. + +Hate Speech is Communication or any form of expression which is solely +for the purpose of expressing hatred for some group or advocating a form +of Discrimination between humans. + +Coercion is leveraging of the threat of force or use of force to +intimidate a person in order to gain compliance, or to offer large +incentives which aim to entice a person to act against their will. + +# Fair Dealing Rights + +Nothing in this License is intended to reduce, limit, or restrict any +uses free from copyright or rights arising from limitations or +exceptions that are provided for in connection with the copyright +protection under copyright law or other applicable laws. + +# License Grant + +Subject to the terms and conditions of this License, Licensor hereby +grants You a worldwide, royalty-free, non-exclusive, perpetual (for the +duration of the applicable copyright) license to exercise the rights in +the Work as stated below: + +To Reproduce the Work, to incorporate the Work into one or more +Collections, and to Reproduce the Work as incorporated in the +Collections + +To create and Reproduce Adaptations provided that any such Adaptation, +including any translation in any medium, takes reasonable steps to +clearly label, demarcate or otherwise identify that changes were made to +the original Work. For example, a translation could be marked \"The +original work was translated from English to Spanish,\" or a +modification could indicate \"The original work has been modified.\" + +To Distribute and Publicly Perform the Work including as incorporated in +Collections. + +To Distribute and Publicly Perform Adaptations. The above rights may be +exercised in all media and formats whether now known or hereafter +devised. The above rights include the right to make such modifications +as are technically necessary to exercise the rights in other media and +formats. This License constitutes the entire agreement between the +parties with respect to the Work licensed here. There are no +understandings, agreements or representations with respect to the Work +not specified here. Licensor shall not be bound by any additional +provisions that may appear in any communication from You. This License +may not be modified without the mutual written agreement of the Licensor +and You. All rights not expressly granted by Licensor are hereby +reserved, including but not limited to the rights set forth in +Non-waivable Compulsory License Schemes, Waivable Compulsory License +Schemes, and Voluntary License Schemes in the restrictions. + +# Restrictions + +The license granted in the license grant above is expressly made subject +to and limited by the following restrictions: + +You may Distribute or Publicly Perform the Work only under the terms of +this License. You must include a copy of, or the Uniform Resource +Identifier (URI) for, this License with every copy of the Work You +Distribute or Publicly Perform. You may not offer or impose any terms on +the Work that restrict the terms of this License or the ability of the +recipient of the Work to exercise the rights granted to that recipient +under the terms of the License. You may not sublicense the Work. You +must keep intact all notices that refer to this License and to the +disclaimer of warranties with every copy of the Work You Distribute or +Publicly Perform. When You Distribute or Publicly Perform the Work, You +may not impose any effective technological measures on the Work that +restrict the ability of a recipient of the Work from You to exercise the +rights granted to that recipient under the terms of the License. This +Section applies to the Work as incorporated in a Collection, but this +does not require the Collection apart from the Work itself to be made +subject to the terms of this License. If You create a Collection, upon +notice from any Licensor You must, to the extent practicable, remove +from the Collection any credit as requested. If You create an +Adaptation, upon notice from any Licensor You must, to the extent +practicable, remove from the Adaptation any credit as requested. +"""), (Just WorkerOwnership, + """ +## Commercial Restrictions + +You may not exercise any of the rights granted to You in the above +section in any manner that is primarily intended for or directed toward +commercial advantage or private monetary compensation unless you meet +the following requirements. + +i. You are a worker-owned business or worker-owned collective. + +ii. after tax, all financial gain, surplus, profits and benefits + produced by the business or collective are distributed among the + worker-owners unless a set amount is to be allocated towards + community projects as decided by a previously-established consensus + agreement between the worker-owners where all worker-owners agreed. + +iii. You are not using such rights on behalf of a business other than + those specified in (i) or (ii) above, nor are using such rights as + a proxy on behalf of a business with the intent to circumvent the + aforementioned restrictions on such a business. + +The exchange of the Work for other copyrighted works by means of digital +file-sharing or otherwise shall not be considered to be intended for or +directed toward commercial advantage or private monetary compensation, +provided there is no payment of any monetary compensation in connection +with the exchange of copyrighted works. +"""), (Nothing, + """ +If the Work meets the definition of Software, You may exercise the +rights granted in the license grant only if You provide a copy of the +corresponding Source Code from which the Work was derived in digital +form, or You provide a URI for the corresponding Source Code of the +Work, to any recipients upon request. + +If the Work is used as or for a Network Service, You may exercise the +rights granted in the license grant only if You provide a copy of the +corresponding Source Code from which the Work was derived in digital +form, or You provide a URI for the corresponding Source Code to the +Work, to any recipients of the data served or modified by the Web +Service. +"""), (Just WorkerOwnership, + """ +Any use by a business that is privately owned and managed, and that +seeks to generate profit from the labor of employees paid by salary or +other wages, is not permitted under this license. +"""), (Nothing, + """ +## + +You may exercise the rights granted in the license grant for any +purposes only if: + +i. You do not use the Work for the purpose of inflicting Bodily Harm on + human beings (subject to criminal prosecution or otherwise) outside + of providing medical aid or undergoing a voluntary procedure under + no form of Coercion. + +ii. You do not use the Work for the purpose of Surveilling or tracking + individuals for financial gain. + +iii. You do not use the Work in an Act of War. + +iv. You do not use the Work for the purpose of supporting or profiting + from an Act of War. + +v. You do not use the Work for the purpose of Incarceration. + +vi. You do not use the Work for the purpose of extracting, processing, + or refining, oil, gas, or coal. Or to in any other way to + deliberately pollute the environment as a byproduct of manufacturing + or irresponsible disposal of hazardous materials. + +vii. You do not use the Work for the purpose of expediting, + coordinating, or facilitating paid work undertaken by individuals + under the age of 12 years. + +viii. You do not use the Work to either Discriminate or spread Hate + Speech on the basis of sex, sexual orientation, gender identity, + race, age, disability, color, national origin, religion, caste, or + lower economic status. +"""), (Just Attribution, + """ +## + +If You Distribute, or Publicly Perform the Work or any Adaptations or +Collections, You must, unless a request has been made by any Licensor to +remove credit from a Collection or Adaptation, keep intact all copyright +notices for the Work and provide, reasonable to the medium or means You +are utilizing: + +i. the name of the Original Author (or pseudonym, if applicable) if + supplied, and/or if the Original Author and/or Licensor designate + another party or parties (e.g., a sponsor institute, publishing + entity, journal) for attribution (\"Attribution Parties\") in + Licensor\'s copyright notice, terms of service or by other + reasonable means, the name of such party or parties; + +ii. the title of the Work if supplied; + +iii. to the extent reasonably practicable, the URI, if any, that + Licensor to be associated with the Work, unless such URI does not + refer to the copyright notice or licensing information for the + Work; and, + +iv. in the case of an Adaptation, a credit identifying the use of the + Work in the Adaptation (e.g., \"French translation of the Work by + Original Author,\" or \"Screenplay based on original Work by + Original Author\"). + +If any Licensor has sent notice to request removing credit, You must, to +the extent practicable, remove any credit as requested. The credit +required by this Section may be implemented in any reasonable manner; +provided, however, that in the case of an Adaptation or Collection, at a +minimum such credit will appear, if a credit for all contributing +authors of the Adaptation or Collection appears, then as part of these +credits and in a manner at least as prominent as the credits for the +other contributing authors. For the avoidance of doubt, You may only use +the credit required by this Section for the purpose of attribution in +the manner set out above and, by exercising Your rights under this +License, You may not implicitly or explicitly assert or imply any +connection with, sponsorship or endorsement by the Original Author, +Licensor and/or Attribution Parties, as appropriate, of You or Your use +of the Work, without the separate, express prior written permission of +the Original Author, Licensor and/or Attribution Parties. +"""), (Just WorkerOwnership, + """ +Non-waivable Compulsory License Schemes. In those jurisdictions in which +the right to collect royalties through any statutory or compulsory +licensing scheme cannot be waived, the Licensor reserves the exclusive +right to collect such royalties for any exercise by You of the rights +granted under this License + +Waivable Compulsory License Schemes. In those jurisdictions in which the +right to collect royalties through any statutory or compulsory licensing +scheme can be waived, the Licensor reserves the exclusive right to +collect such royalties for any exercise by You of the rights granted +under this License if Your exercise of such rights is for a purpose or +use which is otherwise than noncommercial as permitted under Commercial +Restrictions and otherwise waives the right to collect royalties through +any statutory or compulsory licensing scheme. + +Voluntary License Schemes. The Licensor reserves the right to collect +royalties, whether individually or, in the event that the Licensor is a +member of a collecting society that administers voluntary licensing +schemes, via that society, from any exercise by You of the rights +granted under this License that is for a purpose or use which is +otherwise than noncommercial as permitted under the license grant. +"""), (Nothing, + """ +Except as otherwise agreed in writing by the Licensor or as may be +otherwise permitted by applicable law, if You Reproduce, Distribute or +Publicly Perform the Work either by itself or as part of any Adaptations +or Collections, You must not distort, mutilate, modify or take other +derogatory action in relation to the Work which would be prejudicial to +the Original Author\'s honor or reputation. Licensor agrees that in +those jurisdictions (e.g. Japan), in which any exercise of the right +granted in the license grant of this License (the right to make +Adaptations) would be deemed to be a distortion, mutilation, +modification or other derogatory action prejudicial to the Original +Author\'s honor and reputation, the Licensor will waive or not assert, +as appropriate, this Section, to the fullest extent permitted by the +applicable national law, to enable You to reasonably exercise Your right +under the license grant of this License (right to make Adaptations) but +not otherwise. + +Do not make any legal claim against anyone accusing the Work, with or +without changes, alone or with other works, of infringing any patent +claim. + +# Representations Warranties and Disclaimer + +UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR +OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY +KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, +INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, +FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF +LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS, +WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE +EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU. + +# Limitation on Liability + +EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL +LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL, +INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF +THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED +OF THE POSSIBILITY OF SUCH DAMAGES. + +# Termination + +This License and the rights granted hereunder will terminate +automatically upon any breach by You of the terms of this License. +Individuals or entities who have received Adaptations or Collections +from You under this License, however, will not have their licenses +terminated provided such individuals or entities remain in full +compliance with those licenses. The Sections on definitions, fair +dealing rights, representations, warranties, and disclaimer, limitation +on liability, termination, and revised license versions will survive any +termination of this License. + +Subject to the above terms and conditions, the license granted here is +perpetual (for the duration of the applicable copyright in the Work). +Notwithstanding the above, Licensor reserves the right to release the +Work under different license terms or to stop distributing the Work at +any time; provided, however that any such election will not serve to +withdraw this License (or any other license that has been, or is +required to be, granted under the terms of this License), and this +License will continue in full force and effect unless terminated as +stated above. + +# Revised License Versions + +This License may receive future revisions in the original spirit of the +license intended to strengthen This License. Each version of This +License has an incrementing version number. + +Unless otherwise specified like in the below subsection The Licensor has +only granted this current version of This License for The Work. In this +case future revisions do not apply. + +The Licensor may specify that the latest available revision of This +License be used for The Work by either explicitly writing so or by +suffixing the License URI with a \"+\" symbol. + +The Licensor may specify that The Work is also available under the terms +of This License\'s current revision as well as specific future +revisions. The Licensor may do this by writing it explicitly or +suffixing the License URI with any additional version numbers each +separated by a comma. + +# Miscellaneous + +Each time You Distribute or Publicly Perform the Work or a Collection, +the Licensor offers to the recipient a license to the Work on the same +terms and conditions as the license granted to You under this License. + +Each time You Distribute or Publicly Perform an Adaptation, Licensor +offers to the recipient a license to the original Work on the same terms +and conditions as the license granted to You under this License. + +If the Work is classified as Software, each time You Distribute or +Publicly Perform an Adaptation, Licensor offers to the recipient a copy +and/or URI of the corresponding Source Code on the same terms and +conditions as the license granted to You under this License. + +If the Work is used as a Network Service, each time You Distribute or +Publicly Perform an Adaptation, or serve data derived from the Software, +the Licensor offers to any recipients of the data a copy and/or URI of +the corresponding Source Code on the same terms and conditions as the +license granted to You under this License. + +If any provision of this License is invalid or unenforceable under +applicable law, it shall not affect the validity or enforceability of +the remainder of the terms of this License, and without further action +by the parties to this agreement, such provision shall be reformed to +the minimum extent necessary to make such provision valid and +enforceable. + +No term or provision of this License shall be deemed waived and no +breach consented to unless such waiver or consent shall be in writing +and signed by the party to be charged with such waiver or consent. + +This License constitutes the entire agreement between the parties with +respect to the Work licensed here. There are no understandings, +agreements or representations with respect to the Work not specified +here. Licensor shall not be bound by any additional provisions that may +appear in any communication from You. This License may not be modified +without the mutual written agreement of the Licensor and You. + +The rights granted under, and the subject matter referenced, in this +License were drafted utilizing the terminology of the Berne Convention +for the Protection of Literary and Artistic Works (as amended on +September 28, 1979), the Rome Convention of 1961, the WIPO Copyright +Treaty of 1996, the WIPO Performances and Phonograms Treaty of 1996 and +the Universal Copyright Convention (as revised on July 24, 1971). These +rights and subject matter take effect in the relevant jurisdiction in +which the License terms are sought to be enforced according to the +corresponding provisions of the implementation of those treaty +provisions in the applicable national law. If the standard suite of +rights granted under applicable copyright law includes additional rights +not granted under this License, such additional rights are deemed to be +included in the License; this License is not intended to restrict the +license of any rights under applicable law. +""") ]