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LICENSE
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Esoteric Foundation Public License 1.0.10
Copyright (C) 2024 Esoteric Foundation
<https://www.github.com/EsotericFoundation>
=======================================================================
Summary
This Public License is a modified version of the CC BY-NC-SA 4.0
license, which can be found here:
https://www.creativecommons.org/licenses/by-nc-sa/4.0/deed.en
The main difference between this Public License and the CC BY-NC-SA 4.0
license is the requirement to Share all files involved in the creation
of Adapted Material, preferably in the form of a Git repository, and
ideally in the form of a GitHub repository, and if applicable, as a
fork of the Licensed Material, in other words, a requirement for
Adapted Material to be 'open source'.
All differences between this Public License and the CC BY-NC-SA 4.0
license can be seen here:
https://www.github.com/EsotericFoundation/license/compare/0.0.1...main
Note that the points under "Esoteric Foundation Public License Summary"
is only a summary of the Public License and do not form part of the
Public License itself.
Please read and understand the entire Public License.
Esoteric Foundation Public License Summary
You may:
a. Use and Share the Licensed Material, provided that You:
1. give appropriate Attribution, as defined in the Public
License below; and
2. use or Share the Licensed Material for NonCommercial purposes
only.
b. Produce, use and Share Adapted Material, provided that:
1. You give appropriate Attribution, as defined in the Public
License below;
2. If You produce Adapted Material, You:
a. Share a link to all files involved in the creation of
the Adapted Material, preferably in the form of a Git
repository, and ideally in the form of a GitHub
repository, and if applicable, as a fork of the Licensed
Material. In other words, the Adapted Material must be
'open source';
b. use this Public License (this version or later) as the
Adapter's License (Your license);
c. refer to the Adapted Material with a name that is
distinct from the name of the Licensed Material, but may
include recognizable variations of, the name of the
Licensed Material (which is encouraged); and
3. You produce, use or Share the Adapted Material for
NonCommercial purposes only.
You may not:
a. Use or Share the Licensed Material without giving appropriate
Attribution, as defined in the Public License below.
b. Use or Share the Licensed Material for any kind of commercial
purposes.
c. Produce, use or Share Adapted Material without giving appropriate
Attribution, as defined in the Public License below.
d. Produce Adapted Material and not Share files involved in the
creation of the Adapted Material. In other words, make the Adapted
Material 'closed source'.
e. Produce Adapted Material where the Adapter's License (Your
license) is not this Public License.
f. Produce Adapted Material where the Adapter's License (Your
license) is an earlier version of this Public License.
g. Produce Adapted Material with the exact same name as the Licensed
Material.
h. Produce, use or Share Adapted Material for any kind of commercial
purposes.
=======================================================================
The Esoteric Foundation organisation ("Esoteric Foundation") is not a
law firm and does not provide legal services or legal advice.
Distribution of this Public License does not create a lawyer-client or
other relationship. The Esoteric Foundation makes its Public License
and related information available on an "as-is" basis. The Esoteric
Foundation gives no warranties regarding its Public License, any
Licensed Material, or any related information. The Esoteric Foundation
disclaims all liability for damages resulting from the use of its
Public License to the fullest extent possible.
Using the Esoteric Foundation Public License
The Esoteric Foundation Public License provides a standard set of terms
and conditions that creators and other rights holders may use to share
original works of authorship and other material subject to copyright
and certain other rights specified in the Public License below. The
following considerations are for informational purposes only, are not
exhaustive, and do not form part of our Public License.
Considerations for licensors: Our Public License is intended for
use by those authorized to give the public permission to use
material in ways otherwise restricted by copyright and certain
other rights. Our Public License is irrevocable. Licensors should
read and understand the terms and conditions of the Public License
before applying it. Licensors should also secure all rights
necessary before applying our Public License so that the public
can reuse the material as expected. Licensors should clearly mark
any material not subject to the Public License. This includes
material used under an Exception or Limitation to copyright.
Considerations for the public: By using our Public License, a
Licensor grants the public permission to use the Licensed Material
under specified terms and conditions. If the Licensor's permission
is not necessary for any reason--for example, because of any
applicable Exception or Limitation to copyright--then that use is
not regulated by the Public License. Our Public License grants
only permissions under copyright and certain other rights that a
Licensor has authority to grant. Use of the Licensed Material may
still be restricted for other reasons, including because others
have copyright or other rights in the material. A Licensor may
make special requests, such as asking that all changes be marked
or described. Although not required by our Public License, you are
encouraged to respect those requests where reasonable.
=======================================================================
Esoteric Foundation Public License
By exercising the Licensed Rights (defined below), You accept and agree
to be bound by the terms and conditions of the Esoteric Foundation
Public License ("Public License"). To the extent that the Public
License may be interpreted as a contract, You are granted the Licensed
Rights in consideration of Your acceptance of these terms and
conditions, and the Licensor grants You such rights in consideration of
benefits the Licensor receives from making the Licensed Material
available under these terms and conditions.
Section 1 -- Definitions.
a. Adapted Material means material subject to Copyright and Similar
Rights that is derived from or based upon the Licensed Material or
in which the Licensed Material is translated, altered, arranged,
transformed, or otherwise modified or interacted with in a manner
requiring permission under the Copyright and Similar Rights held
by the Licensor. For purposes of this Public License, where the
Licensed Material is a musical work, performance, or sound
recording, Adapted Material is always produced where the Licensed
Material is synched in timed relation with a moving image.
b. Adapter's License means the license You apply to Your Copyright
and Similar Rights in Your contributions to Adapted Material in
accordance with the terms and conditions of this Public License.
c. Copyright and Similar Rights means copyright and/or similar rights
closely related to copyright including, without limitation,
performance, broadcast, sound recording, and Sui Generis Database
Rights, without regard to how the rights are labeled or
categorized. For purposes of this Public License, the rights
specified in Section 2(b)(1)-(2) are not Copyright and Similar
Rights.
d. Effective Technological Measures means those measures that, in the
absence of proper authority, may not be circumvented under laws
fulfilling obligations under Article 11 of the WIPO Copyright
Treaty adopted on December 20, 1996, and/or similar international
agreements.
e. Exceptions and Limitations means fair use, fair dealing, and/or
any other exception or limitation to Copyright and Similar Rights
that applies to Your use of the Licensed Material.
f. Licensed Material means the artistic or literary work, database,
or other material to which the Licensor applied this Public
License.
g. Licensed Rights means the rights granted to You subject to the
terms and conditions of this Public License, which are limited to
all Copyright and Similar Rights that apply to Your use of the
Licensed Material and that the Licensor has authority to license.
h. Licensor means the individual(s) or entity(ies) granting rights
under this Public License.
i. NonCommercial means not intended for and not directed towards
commercial advantage or monetary compensation. For purposes of
this Public License, the exchange of the Licensed Material for
other material subject to Copyright and Similar Rights by digital
file-sharing or similar means is NonCommercial provided there is
no payment of monetary compensation in connection with the
exchange.
j. Share means to provide material to the public by any means or
process that requires permission under the Licensed Rights, such
as reproduction, public display, public performance, distribution,
dissemination, communication, or importation, and to make material
available to the public including in ways that members of the
public may access the material from a place and at a time
individually chosen by them.
k. Sui Generis Database Rights means rights other than copyright
resulting from Directive 96/9/EC of the European Parliament and of
the Council of 11 March 1996 on the legal protection of databases,
as amended and/or succeeded, as well as other essentially
equivalent rights anywhere in the world.
l. You means the individual or entity exercising the Licensed Rights
under this Public License. Your has a corresponding meaning.
Section 2 -- Scope.
a. License grant.
1. Subject to the terms and conditions of this Public License,
the Licensor hereby grants You a worldwide, royalty-free,
non-sublicensable, non-exclusive, irrevocable license to
exercise the Licensed Rights in the Licensed Material to:
a. reproduce and Share the Licensed Material, in whole or
in part, for NonCommercial purposes only; and
b. produce, reproduce, and Share Adapted Material for
NonCommercial purposes only.
2. Exceptions and Limitations. For the avoidance of doubt, where
Exceptions and Limitations apply to Your use, this Public
License does not apply, and You do not need to comply with
its terms and conditions.
3. Term. The term of this Public License is specified in Section
6(a).
4. Media and formats; technical modifications allowed. The
Licensor authorizes You to exercise the Licensed Rights in
all media and formats whether now known or hereafter created,
and to make technical modifications necessary to do so. The
Licensor waives and/or agrees not to assert any right or
authority to forbid You from making technical modifications
necessary to exercise the Licensed Rights, including
technical modifications necessary to circumvent Effective
Technological Measures. For purposes of this Public License,
simply making modifications authorized by this Section 2(a)
(4) never produces Adapted Material.
5. Downstream recipients.
a. Offer from the Licensor -- Licensed Material. Every
recipient of the Licensed Material automatically
receives an offer from the Licensor to exercise the
Licensed Rights under the terms and conditions of this
Public License.
b. Additional offer from the Licensor -- Adapted Material.
Every recipient of Adapted Material from You
automatically receives an offer from the Licensor to
exercise the Licensed Rights in the Adapted Material
under the conditions of the Adapter's License You apply.
c. No downstream restrictions. You may not offer or impose
any additional or different terms or conditions on, or
apply any Effective Technological Measures to, the
Licensed Material if doing so restricts exercise of the
Licensed Rights by any recipient of the Licensed
Material.
6. No endorsement. Nothing in this Public License constitutes or
may be construed as permission to assert or imply that You
are, or that Your use of the Licensed Material is, connected
with, or sponsored, endorsed, or granted official status by,
the Licensor or others designated to receive attribution as
provided in Section 3(a)(1)(A)(i).
b. Other rights.
1. Moral rights, such as the right of integrity, are not
licensed under this Public License, nor are publicity,
privacy, and/or other similar personality rights; however, to
the extent possible, the Licensor waives and/or agrees not to
assert any such rights held by the Licensor to the limited
extent necessary to allow You to exercise the Licensed
Rights, but not otherwise.
2. Patent and trademark rights are not licensed under this
Public License.
3. To the extent possible, the Licensor waives any right to
collect royalties from You for the exercise of the Licensed
Rights, whether directly or through a collecting society
under any voluntary or waivable statutory or compulsory
licensing scheme. In all other cases the Licensor expressly
reserves any right to collect such royalties, including when
the Licensed Material is used other than for NonCommercial
purposes.
Section 3 -- License Conditions.
Your exercise of the Licensed Rights is expressly made subject to the
following conditions.
a. Attribution.
1. If You Share the Licensed Material (including in modified
form), You must:
a. retain the following if it is supplied by the Licensor
with the Licensed Material:
i. identification of, and the URI(s) or hyperlink(s)
to, the creator(s) of the Licensed Material and any
others designated to receive attribution, in any
reasonable manner requested by the Licensor
(including by pseudonym if designated), to the
extent reasonably practicable;
ii. a copyright notice;
iii. a URI or hyperlink to the Licensed Material to the
extent reasonably practicable;
iv. a notice that refers to this Public License;
v. a notice that refers to the disclaimer of
warranties;
b. indicate if You modified the Licensed Material and
retain an indication of any previous modifications; and
c. indicate the Licensed Material is licensed under this
Public License, and include the text of, or the URI or
hyperlink to, this Public License.
2. You may satisfy the conditions in Section 3(a)(1) in any
reasonable manner based on the medium, means, and context in
which You Share the Licensed Material. For example, it may be
reasonable to satisfy the conditions by providing a URI or
hyperlink to a resource that includes the required
information.
3. If requested by the Licensor, You must remove any of the
information required by Section 3(a)(1)(A) to the extent
reasonably practicable.
b. ShareAlike.
In addition to the conditions in Section 3(a), if You Share
Adapted Material You produce, the following conditions also apply.
1. You must include the URI or hyperlink to any files involved
in the creation of the Adapted Material, preferably in the
form of a Git repository, and ideally in the form of a GitHub
repository, and if applicable, as a fork of the Licensed
Material. In other words, the Adapted Material must be 'open
source'. You may satisfy this condition in any reasonable
manner based on the medium, means, and context in which You
Share Adapted Material.
2. The Adapter's License You apply must be the Esoteric
Foundation Public License, this version or later.
3. You must include the text of, or the URI or hyperlink to, the
Adapter's License You apply. You may satisfy this condition
in any reasonable manner based on the medium, means, and
context in which You Share Adapted Material.
4. You may not offer or impose any additional or different terms
or conditions on, or apply any Effective Technological
Measures to, Adapted Material that restrict exercise of the
rights granted under the Adapter's License You apply.
5. You may not use the exact same name as the Licensed Material
for Your Adapted Material. You may not refer to the Adapted
Material using the exact name of the Licensed Material. Using
variations of the name of the Licensed Material is acceptable
and even encouraged.
Section 4 -- Sui Generis Database Rights.
Where the Licensed Rights include Sui Generis Database Rights that
apply to Your use of the Licensed Material:
a. for the avoidance of doubt, Section 2(a)(1) grants You the right
to extract, reuse, reproduce, and Share all or a substantial
portion of the contents of the database for NonCommercial purposes
only;
b. if You include all or a substantial portion of the database
contents in a database in which You have Sui Generis Database
Rights, then the database in which You have Sui Generis Database
Rights (but not its individual contents) is Adapted Material,
including for purposes of Section 3(b); and
c. You must comply with the conditions in Section 3(a) if You Share
all or a substantial portion of the contents of the database.
For the avoidance of doubt, this Section 4 supplements and does not
replace Your obligations under this Public License where the Licensed
Rights include other Copyright and Similar Rights.
Section 5 -- Disclaimer of Warranties and Limitation of Liability.
a. UNLESS OTHERWISE SEPARATELY UNDERTAKEN BY THE LICENSOR, TO THE
EXTENT POSSIBLE, THE LICENSOR OFFERS THE LICENSED MATERIAL AS-IS
AND AS-AVAILABLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES OF
ANY KIND CONCERNING THE LICENSED MATERIAL, WHETHER EXPRESS,
IMPLIED, STATUTORY, OR OTHER. THIS INCLUDES, WITHOUT LIMITATION,
WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT, ABSENCE OF LATENT OR OTHER DEFECTS,
ACCURACY, OR THE PRESENCE OR ABSENCE OF ERRORS, WHETHER OR NOT
KNOWN OR DISCOVERABLE. WHERE DISCLAIMERS OF WARRANTIES ARE NOT
ALLOWED IN FULL OR IN PART, THIS DISCLAIMER MAY NOT APPLY TO YOU.
b. TO THE EXTENT POSSIBLE, IN NO EVENT WILL THE LICENSOR BE LIABLE TO
YOU ON ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION,
NEGLIGENCE) OR OTHERWISE FOR ANY DIRECT, SPECIAL, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR OTHER LOSSES,
COSTS, EXPENSES, OR DAMAGES ARISING OUT OF THIS PUBLIC LICENSE OR
USE OF THE LICENSED MATERIAL, EVEN IF THE LICENSOR HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH LOSSES, COSTS, EXPENSES, OR
DAMAGES. WHERE A LIMITATION OF LIABILITY IS NOT ALLOWED IN FULL OR
IN PART, THIS LIMITATION MAY NOT APPLY TO YOU.
c. The disclaimer of warranties and limitation of liability provided
above shall be interpreted in a manner that, to the extent
possible, most closely approximates an absolute disclaimer and
waiver of all liability.
Section 6 -- Term and Termination.
a. This Public License applies for the term of the Copyright and
Similar Rights licensed here. However, if You fail to comply with
this Public License, then Your rights under this Public License
terminate automatically.
b. Where Your right to use the Licensed Material has terminated under
Section 6(a), it reinstates:
1. automatically as of the date the violation is cured, provided
it is cured within 30 days of Your discovery of the
violation; or
2. upon express reinstatement by the Licensor.
For the avoidance of doubt, this Section 6(b) does not affect any
right the Licensor may have to seek remedies for Your violations
of this Public License.
c. For the avoidance of doubt, the Licensor may also offer the
Licensed Material under separate terms or conditions or stop
distributing the Licensed Material at any time; however, doing so
will not terminate this Public License.
d. Sections 1, 5, 6, 7, and 8 survive termination of this Public
License.
Section 7 -- Other Terms and Conditions.
a. The Licensor shall not be bound by any additional or different
terms or conditions communicated by You unless expressly agreed.
b. Any arrangements, understandings, or agreements regarding the
Licensed Material not stated herein are separate from and
independent of the terms and conditions of this Public License.
Section 8 -- Interpretation.
a. For the avoidance of doubt, this Public License does not, and
shall not be interpreted to, reduce, limit, restrict, or impose
conditions on any use of the Licensed Material that could lawfully
be made without permission under this Public License.
b. To the extent possible, if any provision of this Public License is
deemed unenforceable, it shall be automatically reformed to the
minimum extent necessary to make it enforceable. If the provision
cannot be reformed, it shall be severed from this Public License
without affecting the enforceability of the remaining terms and
conditions.
c. No term or condition of this Public License will be waived and no
failure to comply consented to unless expressly agreed to by the
Licensor.
d. Nothing in this Public License constitutes or may be interpreted
as a limitation upon, or waiver of, any privileges and immunities
that apply to the Licensor or You, including from the legal
processes of any jurisdiction or authority.
=======================================================================
How to Apply This Public License to Your Work
Include a copy of the Public License in Your Work. If applicable,
in a file, typically called LICENSE.
Attach the following notice to the Licensed Material. If
applicable, in a file, typically called README or README.md, with
the fields enclosed by square brackets "[]" replaced with your own
identifying information (don't include the brackets).
[Name of the Licensed Material] (the "Licensed Material")
Copyright (C) [year] by [name of copyright owner] (the "Licensor")
is licensed under the Esoteric Foundation Public License 1.0.10
(the "Public License").
You may not use this Licensed Material except in compliance with
the Public License. You may obtain a copy of the Public License at
https://www.github.com/EsotericFoundation/license.
=======================================================================
The Esoteric Foundation is not a party to its Public License.
Notwithstanding, the Esoteric Foundation may elect to apply its Public
License to material it publishes and in those instances will be
considered the "Licensor". The text of the Esoteric Foundation Public
License is licensed under the Esoteric Foundation Public License.
The Esoteric Foundation may be contacted at
https://www.github.com/EsotericFoundation.