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copyleft-next
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copyleft-next
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THIS IS A DRAFT. DO NOT USE AS A LICENSE.
copyleft-next
0. Definitions.
"License" means this document.
"You" means an individual or entity exercising rights under this
License.
"Program" means the particular work licensed to You under this
License.
"We" means the individual(s), entity or entities that license(s) the
Program under this License.
For each one of Us, "Essential Patent Claims" means all patent
claims owned or controlled by Us, whether already acquired or
hereafter acquired, that would be infringed by some manner, permitted
by this License, of making, using, or selling the Program, but do not
include claims that would be infringed only as a consequence of
further modification of the Program. For purposes of this definition,
"control" includes the right to grant patent sublicenses in a manner
consistent with the requirements of this License.
"Derivative Work" means a work that copies from, modifies or adapts
all or part of the Program such that copyright permission is required,
but does not include (i) the mere making, in isolation, of a verbatim
copy of the entire Program or a subset of it, or (ii) Mere
Aggregation. For the avoidance of doubt, this definition may be
broader or narrower than definitions of "derivative work" (or similar)
under applicable copyright law.
"Mere Aggregation" means a collection of a Covered Work with other
separate and independent works on a storage or distribution medium, to
the extent such other works are not by their nature extensions or
enhancements of the Covered Work, unless the license of the collection
would limit a user from exercising rights under this License with
respect to the Covered Work.
"Covered Work" means either the Program or a Derivative Work.
"Source Code" for a work means the preferred form of the work
for making modifications to it.
"Object Code" means any form of a work other than Source Code.
"Corresponding Source" for an Object Code work means all the
machine-readable Source Code needed to generate, install, and (for an
executable work) run the object code and to modify the work, including
scripts to control those activities. However, it does not include the
work's System Libraries (as defined below), or general-purpose tools
or generally available free programs which are used unmodified in
performing those activities but which are not part of the work. For
example, Corresponding Source includes interface definition files
associated with source files for the work, and the Source Code of
shared libraries and dynamically linked subprograms that the work is
specifically designed to require, such as by intimate data
communication or control flow between those subprograms and other
parts of the work.
"System Libraries" of an executable work means any part of the work
that is normally distributed with (i) the major components (kernel,
window system, and so on) of the operating system on which the
executable runs or (ii) a compiler used to produce the executable or
(iii) an object code interpreter used to run the executable.
"Contribution" means any modification to the Covered Work intentionally
submitted by You to Us for inclusion in a Covered Work.
"Contractor Transfer" means Your transfer of a Covered Work to a
recipient for the sole purpose of having the recipient make
modifications exclusively for You, or providing You with facilities
for running the Covered Work, where the recipient performs such
activities exclusively on Your behalf, under Your direction and
control, on terms extrinsic to this License that prohibit making
copies of Your copyrighted material not authorized by You.
"Distribute" means to transfer or make available copies of Covered
Works to others, to the extent such activity requires copyright
permission, but Distribution does not include Contractor Transfer. For
the avoidance of doubt, "Distribution" also does not include mere
interaction with a user through a computer network, without any
transfer of a Covered Work to the user.
"GNU Strong Copyleft License" means (i) the GNU General Public
License, version 2; (ii) the GNU General Public License, version 3;
(iii) the GNU Affero General Public License, version 3; and/or (iv) a
later final version of any of the foregoing licenses, all as
officially released by the Free Software Foundation.
"Proprietary Terms" means [to be defined].
"Legal Notices" means copyright notices, license notices, warranty
disclaimers, textual author attributions and/or other kinds of legal
notices customarily appearing in free software source code.
1. Basic Permissions.
Subject to the terms and conditions of this License, We hereby grant
You:
(a) a worldwide, royalty-free, nonexclusive, perpetual (for the
duration of copyright on the Program) license to make, copy,
Distribute, publicly perform and publicly display Covered Works, in
all cases in any medium or format; and
(b) a worldwide, royalty-free, nonexclusive patent license under
Essential Patent Claims, to make, use, sell, offer for sale, import
and otherwise transfer the contents of the Program.
Permission to run the Program is entirely unconditional. For the
avoidance of doubt, You may charge any fee for (i) Distributing
Covered Works, and (ii) providing services to recipients of Covered
Works.
This License is not intended to exclude or limit (i) any rights You
have under applicable copyright doctrines of fair use, fair dealing or
other equivalents, and (ii) any implied license or other defense to
infringement that may otherwise be available to You under applicable
patent law.
2. Trademarks.
This License does not grant any rights in the trademarks, service
marks, or logos of any of Us.
3. Anti-Circumvention Law.
No Covered Work shall be deemed part of an effective technological
measure under any applicable law fulfilling obligations under article
11 of the WIPO copyright treaty adopted on 20 December 1996, or
similar laws prohibiting or restricting circumvention of such
measures.
When You distribute a Covered Work, You waive any legal power to forbid
circumvention of technological measures to the extent such circumvention
is effected by exercising rights under this License with respect to
the Covered Work, and You disclaim any intention to limit operation or
modification of the work as a means of enforcing, against the work's
users, Your or third parties' legal rights to forbid circumvention of
technological measures.
4. Inbound = Outbound.
Unless You explicitly state otherwise, any Contribution shall be under the
terms and conditions of this License, without any additional terms or
conditions.
5. Distributing Source Code.
You may Distribute a Covered Work in Source Code form, provided that
You meet all of these conditions:
a) Keep intact all applicable Legal Notices contained in the
Program, and, for a Derivative Work, include prominent notice
that the Derivative Work is released under this License.
b) Include a copy of this License along with the Covered Work.
c) For a Derivative Work:
i) Include prominent notice that You modified the Program.
ii) Include prominent notice that the Derivative Work is released
under this License.
iii) You must license the entire Derivative Work, as a whole, under
this License to anyone who comes into possession of a copy.
This License will therefore apply, along with any applicable
section 7 additional terms, to the whole of the Derivative
Work, and all its parts, regardless of how they are
packaged. However, if We license a Covered Work under
Proprietary Terms, this clause c)iii) shall not apply to Your
Derivative Work.
6. Distributing Object Code.
You may distribute a Covered Work in object code form under the
terms of sections 4 and 5, provided that You also distribute the
Corresponding Source under the terms of this License, in one of these
ways:
a) Simultaneous Distribution.
i) Distribute the Object Code in, or embodied in, a physical
product (including a physical distribution medium),
accompanied by the Corresponding Source fixed on a durable
physical medium customarily used for software interchange.
ii) Distribute the Object Code by offering access from a
designated place (gratis or for a charge), and offer
equivalent access to the Corresponding Source in the same way
through the same place at no further charge. You need not
require recipients to copy the Corresponding Source along
with the Object Code. If the place to copy the Object Code
is a network server, the Corresponding Source may be on a
different server (operated by You or a third party) that
supports equivalent copying facilities, provided You maintain
clear directions next to the object code saying where to find
the Corresponding Source. Regardless of what server hosts
the Corresponding Source, You remain obligated to ensure that
it is available for as long as needed to satisfy these
requirements.
b) Offer for Source.
i) Distribute the Object Code in, or embodied in, a physical
product (including a physical distribution medium),
accompanied by a written offer, valid for at least three
years and valid for as long as You offer spare parts or
customer support for that product model, to give anyone who
possesses the Object Code either (1) a copy of the
Corresponding Source for all the software in the product that
is covered by this License, on a durable physical medium
customarily used for software interchange, for a price no
more than Your reasonable cost of physically performing this
distributing of source, or (2) access to copy the
Corresponding Source from a network server at no charge.
ii) Distribute individual copies of the Object Code with a copy
of the written offer to provide the Corresponding Source.
This alternative is allowed only occasionally and
noncommercially, and only if You received the Object Code
with such an offer, in accord with the preceding option.
7. Additional Terms.
Notwithstanding any other provision of this License, for material
You add to a Covered Work, You may (if authorized by the copyright
holders of that material) supplement the terms of this License with
terms (a) disclaiming warranty or limiting liability differently from
the terms of sections 13 and 14 of this License; (b) requiring
preservation of specified reasonable legal notices or textual author
attributions in that material; (c) prohibiting misrepresentation of
the origin of that material, or requiring that modified versions of
such material be marked in reasonable ways as different from the
original version; or (d) limiting the use for publicity purposes of
names of licensors or authors of the material.
All other non-permissive additional terms are considered "further
restrictions" within the meaning of section 11. If the Program as You
received it, or any part of it, contains a notice stating that it is
governed by this License along with a term that is a further
restriction, You may remove that term. If a license document contains
a further restriction but permits relicensing or distributing under
this License, You may add to a Covered Work material governed by the
terms of that license document, provided that the further restriction
does not survive such relicensing or distributing.
Additional terms may be stated in the form of a separately written
license or stated as qualifications of this License.
8. Termination.
You may not copy, distribute or modify a Covered Work except as
expressly provided under this License. Any unauthorized act of
copying, distribution or modification automatically terminates Your
rights under this License.
However, if You cease all violation of this License, then Your
license from a particular copyright holder is reinstated (a)
provisionally, unless and until the copyright holder explicitly and
finally terminates Your license, and (b) permanently, if the copyright
holder fails to notify You of the violation by some reasonable means
prior to 60 days after the cessation.
Moreover, Your license from a particular copyright holder is
reinstated permanently if the copyright holder notifies You of the
violation by some reasonable means, this is the first time You have
received notice of violation of this License (for any work) from that
copyright holder, and You cure the violation prior to 30 days after
Your receipt of the notice.
Termination of Your rights under this section does not terminate the
licenses of parties who have received copies or rights from You under
this License. If Your rights have been terminated and not permanently
reinstated, You do not qualify to receive new licenses for the same
material under section 9.
9. Automatic Licensing of Downstream Recipients.
Each time You distribute a Covered Work, the recipient automatically
receives permission from Us to run, copy, modify and distribute the
Covered Work, subject to this License.
10. No Further Restrictions; Liberty-or-Death.
You may not impose any further restrictions on the exercise of the
rights granted or affirmed under this License. Further restrictions
include initiation of litigation (including a cross-claim or
counterclaim in a lawsuit) alleging that any patent claim is infringed
by making, using, selling, offering for sale, or importing the Program
or any portion of it. Distribution of a Covered Work containing
material covered by the Apache License 2.0, as published by the Apache
Software Foundation, is not imposition of a further restriction under
this section.
If conditions are imposed on You (whether by court order, agreement
or otherwise) that contradict the conditions of this License, they do
not excuse You from the conditions of this License. If You cannot
distribute a Covered Work in a way that would satisfy simultaneously Your
requirements under this License and any pertinent obligations
extrinsic to this License, then as a consequence You may not distribute it
at all. For example, if You agree to terms that obligate You to
collect a royalty for further distributing from those to whom You distribute
the Program, the only way You could satisfy both those terms and this
License would be to refrain entirely from distributing the Program.
For the avoidance of doubt, no violation of the preceding paragraph
occurs if You distribute a Covered Work, knowingly relying on a Patent
License, and: (i) the Corresponding Source of the work is available
for anyone to copy, free of charge and under the terms of this
License, through a publicly available network server, or (ii) the
Patent License is available to all downstream recipients under terms
not inconsistent with this License. "Knowingly relying" means You
have actual knowledge that, but for the Patent License, Your
distributing the Covered Work in a country, or Your recipient's use of
the Covered Work in a country, would infringe one or more identifiable
patents in that country that You have reason to believe are valid. A
"Patent License" as used in this paragraph means any express agreement
or commitment, however denominated, not to enforce a patent (such as
an express permission to practice a patent or covenant not to sue for
patent infringement).
11. Compatibility with GNU Strong Copyleft Licenses.
Notwithstanding any other provision of this License, You have
permission to relicense any Covered Work under the terms of any
version of a GNU Strong Copyleft License. No condition of this License
that would conflict with the chosen GNU Strong Copyleft License shall
survive such relicensing.
12. New Versions of this License.
The initial License Steward is the Copyleft Next Group. The License
Steward may publish new versions of copyleft-next. Each version will
be given a distinguishing version number. You may distribute a Covered
Work under the terms of the version of copyleft-next under which the
Program is licensed, or under the terms of any subsequent version
published by the License Steward.
13. Disclaimer of Warranty.
To the extent permitted by applicable law, the Program is provided
under this License on an "as is" basis, without warranty of any kind,
either express, implied, or statutory, including, without limitation,
warranties that the Program is free of defects, merchantable, fit for
a particular purpose or non-infringing. The entire risk as to the
quality and performance of the Program is with You. Should the
Program prove defective in any respect, You assume the cost of all
necessary servicing, repair or correction. This disclaimer of
warranty constitutes an essential part of this License. No use of the
Program is authorized under this License except under this disclaimer.
14. Limitation of Liability.
In no event unless required by applicable law or agreed to in
writing will any copyright holder, or any other party who modifies
and/or distributes the Program as permitted above, be liable to You
for damages, including any general, special, incidental or
consequential damages arising out of the use or inability to use the
Program (including but not limited to loss of data or data being
rendered inaccurate or losses sustained by You or third parties or a
failure of the Program to operate with any other programs), even if
such holder or other party has been advised of the possibility of such
damages.