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