rubysmith 2.0.1 → 2.0.2

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- = HIPPOCRATIC LICENSE
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-
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- *Version 3.0, October 2021*
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-
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- https://firstdonoharm.dev
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-
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- *TERMS AND CONDITIONS*
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-
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- TERMS AND CONDITIONS FOR USE, COPY, MODIFICATION, PREPARATION OF DERIVATIVE WORK, REPRODUCTION, AND DISTRIBUTION:
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-
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- == 1. DEFINITIONS
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-
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- _This section defines certain terms used throughout this license agreement._
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-
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- 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).
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-
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- 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.
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-
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- 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).
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-
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- 1.4. "Software" means any copyrighted work, including but not limited to software code, authored by Licensor and made available under this License.
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-
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- 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.
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-
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- 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.
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-
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- 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.
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-
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- 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.
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-
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- == 2. INTELLECTUAL PROPERTY GRANTS
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-
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- _This section identifies intellectual property rights granted to a Licensee_.
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-
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- 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.
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-
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- 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.
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-
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- == 3. ETHICAL STANDARDS
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-
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- _This section lists conditions the Licensee must comply with in order to have rights under this License._
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-
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- The rights granted to the Licensee by this License are expressly made subject to the Licensee’s ongoing compliance with the following conditions:
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-
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- 3.1. The Licensee SHALL NOT, whether directly or indirectly, through agents or assigns:
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-
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- 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 +
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- (See Article 3, _United Nations Universal Declaration of Human Rights_; Article 6, _International Covenant on Civil and Political Rights_)
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-
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- 3.1.2. Hold any person in slavery, servitude, or forced labor +
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- (See Article 4, _United Nations Universal Declaration of Human Rights_; Article 8, _International Covenant on Civil and Political Rights_);
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-
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- 3.1.3. Contribute to the institution of slavery, slave trading, forced labor, or unlawful child labor +
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- (See Article 4, _United Nations Universal Declaration of Human Rights_; Article 8, _International Covenant on Civil and Political Rights_);
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-
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- 3.1.4. Torture or subject any person to cruel, inhumane, or degrading treatment or punishment +
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- (See Article 5, _United Nations Universal Declaration of Human Rights_; Article 7, _International Covenant on Civil and Political Rights_);
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-
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- 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 +
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- (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_);
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-
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- 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 +
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- (See Article 8, _United Nations Universal Declaration of Human Rights_; Articles 9 and 14, _International Covenant on Civil and Political Rights_);
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-
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- 3.1.7. Subject any person to arbitrary arrest, detention, or exile +
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- (See Article 9, _United Nations Universal Declaration of Human Rights_; Article 9, _International Covenant on Civil and Political Rights_);
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- 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 +
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- (See Article 12, _United Nations Universal Declaration of Human Rights_; Article 17, _International Covenant on Civil and Political Rights_);
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- 3.1.9. Arbitrarily deprive any person of his/her/their property +
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- (See Article 17, _United Nations Universal Declaration of Human Rights_);
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-
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- 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 +
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- (See Articles 8 and 10, _United Nations Declaration on the Rights of Indigenous Peoples_);
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-
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- 3.1.11. 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;
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-
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- 3.1.12. Commit ecocide:
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-
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- 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;
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-
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- 3.1.12.2 For the purpose of further defining ecocide and the terms contained in the previous paragraph:
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-
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- 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;
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- 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;
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- 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;
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- 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
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- 3.1.12.2.5. "Environment" means the earth, its biosphere, cryosphere, lithosphere, hydrosphere, and atmosphere, as well as outer space
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-
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- (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);
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- 3.1.13. 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;
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- 3.1.14. 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/ and https://bdsmovement.net/get-involved/what-to-boycott) as a target for boycott;
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- 3.1.15. Be an individual or entity that:
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- 3.1.15.1. engages in any commercial transactions with the Taliban; or
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- 3.1.15.2. is a representative, agent, affiliate, successor, attorney, or assign of the Taliban;
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- 3.1.16. Be an individual or entity that:
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- 3.1.16.1. engages in any commercial transactions with the Myanmar/Burmese military junta; or
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- 3.1.16.2. is a representative, agent, affiliate, successor, attorney, or assign of the Myanmar/Burmese government;
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- 3.1.17. 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;
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- 3.1.18. Be an individual or entity:
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- 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
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- 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;
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- 3.1.19. 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;
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- 3.1.20. Be an entity or a representative, agent, affiliate, successor, attorney, or assign of an entity which conducts military activities;
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- 3.1.21. 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;
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- 3.1.22. 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;
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- 3.1.23. Interfere with Workers’ free exercise of the right to organize and associate +
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- (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
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- 3.1.24. Harm the environment in a manner inconsistent with local, state, national, or international law.
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- 3.2. The Licensee SHALL:
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- 3.2.1. 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;
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- 3.2.2. 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;
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- 3.2.3. Provide clear, accessible supply chain data to the public in accordance with the following conditions:
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- 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
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- 3.2.3.2. Data published will include, where applicable, manufacturers, top tier suppliers, subcontractors, cooperatives, component parts producers, and farms;
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- 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:
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- 3.2.4.1. A seniority system;
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- 3.2.4.2. A merit system;
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- 3.2.4.3. A system which measures earnings by quantity or quality of production; or
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- 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 +
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- (See 29 U.S.C.A. § 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
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- 3.2.5. Allow for reasonable limitation of working hours and periodic holidays with pay +
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- (See Article 24, _United Nations Universal Declaration of Human Rights_; Article 7, _International Covenant on Economic, Social and Cultural Rights_).
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-
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- == 4. SUPPLY CHAIN IMPACTED PARTIES
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- _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._
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- 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.
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- 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.
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-
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- == 5. NOTICE
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-
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- _This section explains when a Licensee must notify others of the License._
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-
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- 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.
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- 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.
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- 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.
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-
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- == 6. REPRESENTATIONS AND WARRANTIES
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-
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- 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.
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- 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.
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-
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- == 7. TERMINATION
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- 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.
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- 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.
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- 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.
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- 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.
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- 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.
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-
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- == 8. MISCELLANEOUS
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- 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.
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- 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.
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- 8.3. _Copyleft_: Modified software, source code, or other derivative work must be licensed, in its entirety, under the exact same conditions as this License.
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-
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- 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.
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- 8.5. _Section Titles_: Section titles are solely written for organizational purposes and should not be used to interpret the language within each section.
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- 8.6. _Citations_: Citations are solely written to provide context for the source of the provisions in the Ethical Standards.
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- 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.
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- 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.
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- 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.
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+ = Hippocratic License
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+
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+ Version: 2.1.0.
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+
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+ Purpose. The purpose of this License is for the Licensor named above to
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+ permit the Licensee (as defined below) broad permission, if consistent
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+ with Human Rights Laws and Human Rights Principles (as each is defined
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+ below), to use and work with the Software (as defined below) within the
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+ full scope of Licensor’s copyright and patent rights, if any, in the
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+ Software, while ensuring attribution and protecting the Licensor from
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+ liability.
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+
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+ Permission and Conditions. The Licensor grants permission by this
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+ license ("License"), free of charge, to the extent of Licensor’s
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+ rights under applicable copyright and patent law, to any person or
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+ entity (the "Licensee") obtaining a copy of this software and
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+ associated documentation files (the "Software"), to do everything with
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+ the Software that would otherwise infringe (i) the Licensor’s copyright
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+ 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
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+ following terms and conditions:
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+
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+ * Acceptance. This License is automatically offered to every person and
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+ entity subject to its terms and conditions. Licensee accepts this
25
+ License and agrees to its terms and conditions by taking any action with
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+ the Software that, absent this License, would infringe any intellectual
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+ property right held by Licensor.
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+ * Notice. Licensee must ensure that everyone who gets a copy of any part
29
+ of this Software from Licensee, with or without changes, also receives
30
+ the License and the above copyright notice (and if included by the
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+ Licensor, patent, trademark and attribution notice). Licensee must cause
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+ any modified versions of the Software to carry prominent notices stating
33
+ that Licensee changed the Software. For clarity, although Licensee is
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+ free to create modifications of the Software and distribute only the
35
+ modified portion created by Licensee with additional or different terms,
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+ the portion of the Software not modified must be distributed pursuant to
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+ this License. If anyone notifies Licensee in writing that Licensee has
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+ not complied with this Notice section, Licensee can keep this License by
39
+ 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
41
+ hereunder) shall end immediately.
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+ * Compliance with Human Rights Principles and Human Rights Laws.
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+ [arabic]
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+ . Human Rights Principles.
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+ [loweralpha]
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+ .. Licensee is advised to consult the articles of the United Nations
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+ Universal Declaration of Human Rights and the United Nations Global
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+ Compact that define recognized principles of international human rights
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+ (the "Human Rights Principles"). Licensee shall use the Software in a
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+ manner consistent with Human Rights Principles.
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+ .. Unless the Licensor and Licensee agree otherwise, any dispute,
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+ controversy, or claim arising out of or relating to (i) Section 1(a)
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+ regarding Human Rights Principles, including the breach of Section 1(a),
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+ termination of this License for breach of the Human Rights Principles,
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+ or invalidity of Section 1(a) or (ii) a determination of whether any Law
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+ is consistent or in conflict with Human Rights Principles pursuant to
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+ Section 2, below, shall be settled by arbitration in accordance with the
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+ Hague Rules on Business and Human Rights Arbitration (the "Rules");
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+ provided, however, that Licensee may elect not to participate in such
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+ arbitration, in which event this License (and all rights licensed
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+ hereunder) shall end immediately. The number of arbitrators shall be one
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+ unless the Rules require otherwise.
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+ +
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+ Unless both the Licensor and Licensee agree to the contrary: (1) All
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+ documents and information concerning the arbitration shall be public and
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+ may be disclosed by any party; (2) The repository referred to under
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+ Article 43 of the Rules shall make available to the public in a timely
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+ manner all documents concerning the arbitration which are communicated
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+ to it, including all submissions of the parties, all evidence admitted
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+ into the record of the proceedings, all transcripts or other recordings
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+ of hearings and all orders, decisions and awards of the arbitral
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+ tribunal, subject only to the arbitral tribunal’s powers to take such
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+ measures as may be necessary to safeguard the integrity of the arbitral
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+ process pursuant to Articles 18, 33, 41 and 42 of the Rules; and (3)
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+ Article 26(6) of the Rules shall not apply.
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+ . Human Rights Laws. The Software shall not be used by any person or
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+ entity for any systems, activities, or other uses that violate any Human
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+ Rights Laws. "Human Rights Laws" means any applicable laws,
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+ regulations, or rules (collectively, "Laws") that protect human,
80
+ civil, labor, privacy, political, environmental, security, economic, due
81
+ process, or similar rights; provided, however, that such Laws are
82
+ consistent and not in conflict with Human Rights Principles (a dispute
83
+ over the consistency or a conflict between Laws and Human Rights
84
+ Principles shall be determined by arbitration as stated above). Where
85
+ the Human Rights Laws of more than one jurisdiction are applicable or in
86
+ conflict with respect to the use of the Software, the Human Rights Laws
87
+ that are most protective of the individuals or groups harmed shall
88
+ apply.
89
+ . Indemnity. Licensee shall hold harmless and indemnify Licensor (and
90
+ any other contributor) against all losses, damages, liabilities,
91
+ deficiencies, claims, actions, judgments, settlements, interest, awards,
92
+ penalties, fines, costs, or expenses of whatever kind, including
93
+ Licensor’s reasonable attorneys’ fees, arising out of or relating to
94
+ Licensee’s use of the Software in violation of Human Rights Laws or
95
+ Human Rights Principles.
96
+ * Failure to Comply. Any failure of Licensee to act according to the
97
+ terms and conditions of this License is both a breach of the License and
98
+ an infringement of the intellectual property rights of the Licensor
99
+ (subject to exceptions under Laws, e.g., fair use). In the event of a
100
+ breach or infringement, the terms and conditions of this License may be
101
+ enforced by Licensor under the Laws of any jurisdiction to which
102
+ Licensee is subject. Licensee also agrees that the Licensor may enforce
103
+ the terms and conditions of this License against Licensee through
104
+ specific performance (or similar remedy under Laws) to the extent
105
+ permitted by Laws. For clarity, except in the event of a breach of this
106
+ License, infringement, or as otherwise stated in this License, Licensor
107
+ may not terminate this License with Licensee.
108
+ * Enforceability and Interpretation. If any term or provision of this
109
+ License is determined to be invalid, illegal, or unenforceable by a
110
+ court of competent jurisdiction, then such invalidity, illegality, or
111
+ unenforceability shall not affect any other term or provision of this
112
+ License or invalidate or render unenforceable such term or provision in
113
+ any other jurisdiction; provided, however, subject to a court
114
+ modification pursuant to the immediately following sentence, if any term
115
+ or provision of this License pertaining to Human Rights Laws or Human
116
+ Rights Principles is deemed invalid, illegal, or unenforceable against
117
+ Licensee by a court of competent jurisdiction, all rights in the
118
+ Software granted to Licensee shall be deemed null and void as between
119
+ Licensor and Licensee. Upon a determination that any term or provision
120
+ is invalid, illegal, or unenforceable, to the extent permitted by Laws,
121
+ the court may modify this License to affect the original purpose that
122
+ the Software be used in compliance with Human Rights Principles and
123
+ Human Rights Laws as closely as possible. The language in this License
124
+ shall be interpreted as to its fair meaning and not strictly for or
125
+ against any party.
126
+ * Disclaimer. TO THE FULL EXTENT ALLOWED BY LAW, THIS SOFTWARE COMES
127
+ "AS IS," WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, AND LICENSOR AND
128
+ ANY OTHER CONTRIBUTOR SHALL NOT BE LIABLE TO ANYONE FOR ANY DAMAGES OR
129
+ OTHER LIABILITY ARISING FROM, OUT OF, OR IN CONNECTION WITH THE SOFTWARE
130
+ OR THIS LICENSE, UNDER ANY KIND OF LEGAL CLAIM.
131
+
132
+ This Hippocratic License is an link:https://ethicalsource.dev[Ethical Source license] and is offered
133
+ for use by licensors and licensees at their own risk, on an "AS IS" basis, and with no warranties
134
+ express or implied, to the maximum extent permitted by Laws.
@@ -75,7 +75,7 @@
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  :license:
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  :label: Hippocratic
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  :name: hippocratic
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- :version: 3.0
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+ :version: 2.1
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  :project:
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  :url:
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  :community:
@@ -1,214 +1,134 @@
1
- = HIPPOCRATIC LICENSE
2
-
3
- *Version 3.0, October 2021*
4
-
5
- https://firstdonoharm.dev
6
-
7
- *TERMS AND CONDITIONS*
8
-
9
- TERMS AND CONDITIONS FOR USE, COPY, MODIFICATION, PREPARATION OF DERIVATIVE WORK, REPRODUCTION, AND DISTRIBUTION:
10
-
11
- == 1. DEFINITIONS
12
-
13
- _This section defines certain terms used throughout this license agreement._
14
-
15
- 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).
16
-
17
- 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.
18
-
19
- 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).
20
-
21
- 1.4. "Software" means any copyrighted work, including but not limited to software code, authored by Licensor and made available under this License.
22
-
23
- 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.
24
-
25
- 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.
26
-
27
- 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.
28
-
29
- 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.
30
-
31
- == 2. INTELLECTUAL PROPERTY GRANTS
32
-
33
- _This section identifies intellectual property rights granted to a Licensee_.
34
-
35
- 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.
36
-
37
- 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.
38
-
39
- == 3. ETHICAL STANDARDS
40
-
41
- _This section lists conditions the Licensee must comply with in order to have rights under this License._
42
-
43
- The rights granted to the Licensee by this License are expressly made subject to the Licensee’s ongoing compliance with the following conditions:
44
-
45
- 3.1. The Licensee SHALL NOT, whether directly or indirectly, through agents or assigns:
46
-
47
- 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 +
48
- (See Article 3, _United Nations Universal Declaration of Human Rights_; Article 6, _International Covenant on Civil and Political Rights_)
49
-
50
- 3.1.2. Hold any person in slavery, servitude, or forced labor +
51
- (See Article 4, _United Nations Universal Declaration of Human Rights_; Article 8, _International Covenant on Civil and Political Rights_);
52
-
53
- 3.1.3. Contribute to the institution of slavery, slave trading, forced labor, or unlawful child labor +
54
- (See Article 4, _United Nations Universal Declaration of Human Rights_; Article 8, _International Covenant on Civil and Political Rights_);
55
-
56
- 3.1.4. Torture or subject any person to cruel, inhumane, or degrading treatment or punishment +
57
- (See Article 5, _United Nations Universal Declaration of Human Rights_; Article 7, _International Covenant on Civil and Political Rights_);
58
-
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- 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 +
60
- (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_);
61
-
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- 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 +
63
- (See Article 8, _United Nations Universal Declaration of Human Rights_; Articles 9 and 14, _International Covenant on Civil and Political Rights_);
64
-
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- 3.1.7. Subject any person to arbitrary arrest, detention, or exile +
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- (See Article 9, _United Nations Universal Declaration of Human Rights_; Article 9, _International Covenant on Civil and Political Rights_);
67
-
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- 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 +
69
- (See Article 12, _United Nations Universal Declaration of Human Rights_; Article 17, _International Covenant on Civil and Political Rights_);
70
-
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- 3.1.9. Arbitrarily deprive any person of his/her/their property +
72
- (See Article 17, _United Nations Universal Declaration of Human Rights_);
73
-
74
- 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 +
75
- (See Articles 8 and 10, _United Nations Declaration on the Rights of Indigenous Peoples_);
76
-
77
- 3.1.11. 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;
78
-
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- 3.1.12. Commit ecocide:
80
-
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- 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;
82
-
83
- 3.1.12.2 For the purpose of further defining ecocide and the terms contained in the previous paragraph:
84
-
85
- 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;
86
-
87
- 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;
88
-
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- 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;
90
-
91
- 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
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-
93
- 3.1.12.2.5. "Environment" means the earth, its biosphere, cryosphere, lithosphere, hydrosphere, and atmosphere, as well as outer space
94
-
95
- (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);
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-
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- 3.1.13. 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;
98
-
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- 3.1.14. 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/ and https://bdsmovement.net/get-involved/what-to-boycott) as a target for boycott;
100
-
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- 3.1.15. Be an individual or entity that:
102
-
103
- 3.1.15.1. engages in any commercial transactions with the Taliban; or
104
-
105
- 3.1.15.2. is a representative, agent, affiliate, successor, attorney, or assign of the Taliban;
106
-
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- 3.1.16. Be an individual or entity that:
108
-
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- 3.1.16.1. engages in any commercial transactions with the Myanmar/Burmese military junta; or
110
-
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- 3.1.16.2. is a representative, agent, affiliate, successor, attorney, or assign of the Myanmar/Burmese government;
112
-
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- 3.1.17. 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;
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-
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- 3.1.18. Be an individual or entity:
116
-
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- 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
118
-
119
- 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;
120
-
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- 3.1.19. 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;
122
-
123
- 3.1.20. Be an entity or a representative, agent, affiliate, successor, attorney, or assign of an entity which conducts military activities;
124
-
125
- 3.1.21. 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;
126
-
127
- 3.1.22. 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;
128
-
129
- 3.1.23. Interfere with Workers’ free exercise of the right to organize and associate +
130
- (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
131
-
132
- 3.1.24. Harm the environment in a manner inconsistent with local, state, national, or international law.
133
-
134
- 3.2. The Licensee SHALL:
135
-
136
- 3.2.1. 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;
137
-
138
- 3.2.2. 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;
139
-
140
- 3.2.3. Provide clear, accessible supply chain data to the public in accordance with the following conditions:
141
-
142
- 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
143
-
144
- 3.2.3.2. Data published will include, where applicable, manufacturers, top tier suppliers, subcontractors, cooperatives, component parts producers, and farms;
145
-
146
- 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:
147
-
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- 3.2.4.1. A seniority system;
149
-
150
- 3.2.4.2. A merit system;
151
-
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- 3.2.4.3. A system which measures earnings by quantity or quality of production; or
153
-
154
- 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 +
155
- (See 29 U.S.C.A. § 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
156
-
157
- 3.2.5. Allow for reasonable limitation of working hours and periodic holidays with pay +
158
- (See Article 24, _United Nations Universal Declaration of Human Rights_; Article 7, _International Covenant on Economic, Social and Cultural Rights_).
159
-
160
- == 4. SUPPLY CHAIN IMPACTED PARTIES
161
-
162
- _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._
163
-
164
- 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.
165
-
166
- 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.
167
-
168
- == 5. NOTICE
169
-
170
- _This section explains when a Licensee must notify others of the License._
171
-
172
- 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.
173
-
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- 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.
175
-
176
- 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.
177
-
178
- == 6. REPRESENTATIONS AND WARRANTIES
179
-
180
- 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.
181
-
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- 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.
183
-
184
- == 7. TERMINATION
185
-
186
- 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.
187
-
188
- 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.
189
-
190
- 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.
191
-
192
- 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.
193
-
194
- 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.
195
-
196
- == 8. MISCELLANEOUS
197
-
198
- 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.
199
-
200
- 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.
201
-
202
- 8.3. _Copyleft_: Modified software, source code, or other derivative work must be licensed, in its entirety, under the exact same conditions as this License.
203
-
204
- 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.
205
-
206
- 8.5. _Section Titles_: Section titles are solely written for organizational purposes and should not be used to interpret the language within each section.
207
-
208
- 8.6. _Citations_: Citations are solely written to provide context for the source of the provisions in the Ethical Standards.
209
-
210
- 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.
211
-
212
- 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.
213
-
214
- 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.
1
+ = Hippocratic License
2
+
3
+ Version: 2.1.0.
4
+
5
+ Purpose. The purpose of this License is for the Licensor named above to
6
+ permit the Licensee (as defined below) broad permission, if consistent
7
+ with Human Rights Laws and Human Rights Principles (as each is defined
8
+ below), to use and work with the Software (as defined below) within the
9
+ full scope of Licensor’s copyright and patent rights, if any, in the
10
+ Software, while ensuring attribution and protecting the Licensor from
11
+ liability.
12
+
13
+ Permission and Conditions. The Licensor grants permission by this
14
+ license ("License"), free of charge, to the extent of Licensor’s
15
+ rights under applicable copyright and patent law, to any person or
16
+ entity (the "Licensee") obtaining a copy of this software and
17
+ associated documentation files (the "Software"), to do everything with
18
+ the Software that would otherwise infringe (i) the Licensor’s copyright
19
+ in the Software or (ii) any patent claims to the Software that the
20
+ Licensor can license or becomes able to license, subject to all of the
21
+ following terms and conditions:
22
+
23
+ * Acceptance. This License is automatically offered to every person and
24
+ entity subject to its terms and conditions. Licensee accepts this
25
+ License and agrees to its terms and conditions by taking any action with
26
+ the Software that, absent this License, would infringe any intellectual
27
+ property right held by Licensor.
28
+ * Notice. Licensee must ensure that everyone who gets a copy of any part
29
+ of this Software from Licensee, with or without changes, also receives
30
+ the License and the above copyright notice (and if included by the
31
+ Licensor, patent, trademark and attribution notice). Licensee must cause
32
+ any modified versions of the Software to carry prominent notices stating
33
+ that Licensee changed the Software. For clarity, although Licensee is
34
+ free to create modifications of the Software and distribute only the
35
+ modified portion created by Licensee with additional or different terms,
36
+ the portion of the Software not modified must be distributed pursuant to
37
+ this License. If anyone notifies Licensee in writing that Licensee has
38
+ not complied with this Notice section, Licensee can keep this License by
39
+ taking all practical steps to comply within 30 days after the notice. If
40
+ Licensee does not do so, Licensee’s License (and all rights licensed
41
+ hereunder) shall end immediately.
42
+ * Compliance with Human Rights Principles and Human Rights Laws.
43
+ [arabic]
44
+ . Human Rights Principles.
45
+ [loweralpha]
46
+ .. Licensee is advised to consult the articles of the United Nations
47
+ Universal Declaration of Human Rights and the United Nations Global
48
+ Compact that define recognized principles of international human rights
49
+ (the "Human Rights Principles"). Licensee shall use the Software in a
50
+ manner consistent with Human Rights Principles.
51
+ .. Unless the Licensor and Licensee agree otherwise, any dispute,
52
+ controversy, or claim arising out of or relating to (i) Section 1(a)
53
+ regarding Human Rights Principles, including the breach of Section 1(a),
54
+ termination of this License for breach of the Human Rights Principles,
55
+ or invalidity of Section 1(a) or (ii) a determination of whether any Law
56
+ is consistent or in conflict with Human Rights Principles pursuant to
57
+ Section 2, below, shall be settled by arbitration in accordance with the
58
+ Hague Rules on Business and Human Rights Arbitration (the "Rules");
59
+ provided, however, that Licensee may elect not to participate in such
60
+ arbitration, in which event this License (and all rights licensed
61
+ hereunder) shall end immediately. The number of arbitrators shall be one
62
+ unless the Rules require otherwise.
63
+ +
64
+ Unless both the Licensor and Licensee agree to the contrary: (1) All
65
+ documents and information concerning the arbitration shall be public and
66
+ may be disclosed by any party; (2) The repository referred to under
67
+ Article 43 of the Rules shall make available to the public in a timely
68
+ manner all documents concerning the arbitration which are communicated
69
+ to it, including all submissions of the parties, all evidence admitted
70
+ into the record of the proceedings, all transcripts or other recordings
71
+ of hearings and all orders, decisions and awards of the arbitral
72
+ tribunal, subject only to the arbitral tribunal’s powers to take such
73
+ measures as may be necessary to safeguard the integrity of the arbitral
74
+ process pursuant to Articles 18, 33, 41 and 42 of the Rules; and (3)
75
+ Article 26(6) of the Rules shall not apply.
76
+ . Human Rights Laws. The Software shall not be used by any person or
77
+ entity for any systems, activities, or other uses that violate any Human
78
+ Rights Laws. "Human Rights Laws" means any applicable laws,
79
+ regulations, or rules (collectively, "Laws") that protect human,
80
+ civil, labor, privacy, political, environmental, security, economic, due
81
+ process, or similar rights; provided, however, that such Laws are
82
+ consistent and not in conflict with Human Rights Principles (a dispute
83
+ over the consistency or a conflict between Laws and Human Rights
84
+ Principles shall be determined by arbitration as stated above). Where
85
+ the Human Rights Laws of more than one jurisdiction are applicable or in
86
+ conflict with respect to the use of the Software, the Human Rights Laws
87
+ that are most protective of the individuals or groups harmed shall
88
+ apply.
89
+ . Indemnity. Licensee shall hold harmless and indemnify Licensor (and
90
+ any other contributor) against all losses, damages, liabilities,
91
+ deficiencies, claims, actions, judgments, settlements, interest, awards,
92
+ penalties, fines, costs, or expenses of whatever kind, including
93
+ Licensor’s reasonable attorneys’ fees, arising out of or relating to
94
+ Licensee’s use of the Software in violation of Human Rights Laws or
95
+ Human Rights Principles.
96
+ * Failure to Comply. Any failure of Licensee to act according to the
97
+ terms and conditions of this License is both a breach of the License and
98
+ an infringement of the intellectual property rights of the Licensor
99
+ (subject to exceptions under Laws, e.g., fair use). In the event of a
100
+ breach or infringement, the terms and conditions of this License may be
101
+ enforced by Licensor under the Laws of any jurisdiction to which
102
+ Licensee is subject. Licensee also agrees that the Licensor may enforce
103
+ the terms and conditions of this License against Licensee through
104
+ specific performance (or similar remedy under Laws) to the extent
105
+ permitted by Laws. For clarity, except in the event of a breach of this
106
+ License, infringement, or as otherwise stated in this License, Licensor
107
+ may not terminate this License with Licensee.
108
+ * Enforceability and Interpretation. If any term or provision of this
109
+ License is determined to be invalid, illegal, or unenforceable by a
110
+ court of competent jurisdiction, then such invalidity, illegality, or
111
+ unenforceability shall not affect any other term or provision of this
112
+ License or invalidate or render unenforceable such term or provision in
113
+ any other jurisdiction; provided, however, subject to a court
114
+ modification pursuant to the immediately following sentence, if any term
115
+ or provision of this License pertaining to Human Rights Laws or Human
116
+ Rights Principles is deemed invalid, illegal, or unenforceable against
117
+ Licensee by a court of competent jurisdiction, all rights in the
118
+ Software granted to Licensee shall be deemed null and void as between
119
+ Licensor and Licensee. Upon a determination that any term or provision
120
+ is invalid, illegal, or unenforceable, to the extent permitted by Laws,
121
+ the court may modify this License to affect the original purpose that
122
+ the Software be used in compliance with Human Rights Principles and
123
+ Human Rights Laws as closely as possible. The language in this License
124
+ shall be interpreted as to its fair meaning and not strictly for or
125
+ against any party.
126
+ * Disclaimer. TO THE FULL EXTENT ALLOWED BY LAW, THIS SOFTWARE COMES
127
+ "AS IS," WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, AND LICENSOR AND
128
+ ANY OTHER CONTRIBUTOR SHALL NOT BE LIABLE TO ANYONE FOR ANY DAMAGES OR
129
+ OTHER LIABILITY ARISING FROM, OUT OF, OR IN CONNECTION WITH THE SOFTWARE
130
+ OR THIS LICENSE, UNDER ANY KIND OF LEGAL CLAIM.
131
+
132
+ This Hippocratic License is an link:https://ethicalsource.dev[Ethical Source license] and is offered
133
+ for use by licensors and licensees at their own risk, on an "AS IS" basis, and with no warranties
134
+ express or implied, to the maximum extent permitted by Laws.
@@ -1,214 +1,33 @@
1
- # HIPPOCRATIC LICENSE
1
+ # Hippocratic License
2
2
 
3
- **Version 3.0, October 2021**
3
+ Version: 2.1.0.
4
4
 
5
- https://firstdonoharm.dev
5
+ Purpose. The purpose of this License is for the Licensor named above to permit the Licensee (as defined below) broad permission, if consistent with Human Rights Laws and Human Rights Principles (as each is defined below), to use and work with the Software (as defined below) within the full scope of Licensor’s copyright and patent rights, if any, in the Software, while ensuring attribution and protecting the Licensor from liability.
6
6
 
7
- **TERMS AND CONDITIONS**
7
+ Permission and Conditions. The Licensor grants permission by this license (“License”), free of charge, to the extent of Licensor’s rights under applicable copyright and patent law, to any person or entity (the “Licensee”) obtaining a copy of this software and associated documentation files (the “Software”), to do everything with the Software that would otherwise infringe (i) the Licensor’s copyright in the Software or (ii) any patent claims to the Software that the Licensor can license or becomes able to license, subject to all of the following terms and conditions:
8
8
 
9
- TERMS AND CONDITIONS FOR USE, COPY, MODIFICATION, PREPARATION OF DERIVATIVE WORK, REPRODUCTION, AND DISTRIBUTION:
9
+ * Acceptance. This License is automatically offered to every person and entity subject to its terms and conditions. Licensee accepts this License and agrees to its terms and conditions by taking any action with the Software that, absent this License, would infringe any intellectual property right held by Licensor.
10
10
 
11
- ## 1. DEFINITIONS
11
+ * Notice. Licensee must ensure that everyone who gets a copy of any part of this Software from Licensee, with or without changes, also receives the License and the above copyright notice (and if included by the Licensor, patent, trademark and attribution notice). Licensee must cause any modified versions of the Software to carry prominent notices stating that Licensee changed the Software. For clarity, although Licensee is free to create modifications of the Software and distribute only the modified portion created by Licensee with additional or different terms, the portion of the Software not modified must be distributed pursuant to this License. If anyone notifies Licensee in writing that Licensee has not complied with this Notice section, Licensee can keep this License by taking all practical steps to comply within 30 days after the notice. If Licensee does not do so, Licensee’s License (and all rights licensed hereunder) shall end immediately.
12
12
 
13
- *This section defines certain terms used throughout this license agreement.*
13
+ * Compliance with Human Rights Principles and Human Rights Laws.
14
14
 
15
- 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).
15
+ 1. Human Rights Principles.
16
16
 
17
- 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.
17
+ (a) Licensee is advised to consult the articles of the United Nations Universal Declaration of Human Rights and the United Nations Global Compact that define recognized principles of international human rights (the “Human Rights Principles”). Licensee shall use the Software in a manner consistent with Human Rights Principles.
18
18
 
19
- 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).
19
+ (b) Unless the Licensor and Licensee agree otherwise, any dispute, controversy, or claim arising out of or relating to (i) Section 1(a) regarding Human Rights Principles, including the breach of Section 1(a), termination of this License for breach of the Human Rights Principles, or invalidity of Section 1(a) or (ii) a determination of whether any Law is consistent or in conflict with Human Rights Principles pursuant to Section 2, below, shall be settled by arbitration in accordance with the Hague Rules on Business and Human Rights Arbitration (the “Rules”); provided, however, that Licensee may elect not to participate in such arbitration, in which event this License (and all rights licensed hereunder) shall end immediately. The number of arbitrators shall be one unless the Rules require otherwise.
20
20
 
21
- 1.4. "Software" means any copyrighted work, including but not limited to software code, authored by Licensor and made available under this License.
21
+ Unless both the Licensor and Licensee agree to the contrary: (1) All documents and information concerning the arbitration shall be public and may be disclosed by any party; (2) The repository referred to under Article 43 of the Rules shall make available to the public in a timely manner all documents concerning the arbitration which are communicated to it, including all submissions of the parties, all evidence admitted into the record of the proceedings, all transcripts or other recordings of hearings and all orders, decisions and awards of the arbitral tribunal, subject only to the arbitral tribunal's powers to take such measures as may be necessary to safeguard the integrity of the arbitral process pursuant to Articles 18, 33, 41 and 42 of the Rules; and (3) Article 26(6) of the Rules shall not apply.
22
22
 
23
- 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.
23
+ 2. Human Rights Laws. The Software shall not be used by any person or entity for any systems, activities, or other uses that violate any Human Rights Laws. “Human Rights Laws” means any applicable laws, regulations, or rules (collectively, “Laws”) that protect human, civil, labor, privacy, political, environmental, security, economic, due process, or similar rights; provided, however, that such Laws are consistent and not in conflict with Human Rights Principles (a dispute over the consistency or a conflict between Laws and Human Rights Principles shall be determined by arbitration as stated above). Where the Human Rights Laws of more than one jurisdiction are applicable or in conflict with respect to the use of the Software, the Human Rights Laws that are most protective of the individuals or groups harmed shall apply.
24
24
 
25
- 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.
25
+ 3. Indemnity. Licensee shall hold harmless and indemnify Licensor (and any other contributor) against all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including Licensor’s reasonable attorneys’ fees, arising out of or relating to Licensee’s use of the Software in violation of Human Rights Laws or Human Rights Principles.
26
26
 
27
- 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.
27
+ * Failure to Comply. Any failure of Licensee to act according to the terms and conditions of this License is both a breach of the License and an infringement of the intellectual property rights of the Licensor (subject to exceptions under Laws, e.g., fair use). In the event of a breach or infringement, the terms and conditions of this License may be enforced by Licensor under the Laws of any jurisdiction to which Licensee is subject. Licensee also agrees that the Licensor may enforce the terms and conditions of this License against Licensee through specific performance (or similar remedy under Laws) to the extent permitted by Laws. For clarity, except in the event of a breach of this License, infringement, or as otherwise stated in this License, Licensor may not terminate this License with Licensee.
28
28
 
29
- 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.
29
+ * Enforceability and Interpretation. If any term or provision of this License is determined to be invalid, illegal, or unenforceable by a court of competent jurisdiction, then such invalidity, illegality, or unenforceability shall not affect any other term or provision of this License or invalidate or render unenforceable such term or provision in any other jurisdiction; provided, however, subject to a court modification pursuant to the immediately following sentence, if any term or provision of this License pertaining to Human Rights Laws or Human Rights Principles is deemed invalid, illegal, or unenforceable against Licensee by a court of competent jurisdiction, all rights in the Software granted to Licensee shall be deemed null and void as between Licensor and Licensee. Upon a determination that any term or provision is invalid, illegal, or unenforceable, to the extent permitted by Laws, the court may modify this License to affect the original purpose that the Software be used in compliance with Human Rights Principles and Human Rights Laws as closely as possible. The language in this License shall be interpreted as to its fair meaning and not strictly for or against any party.
30
30
 
31
- ## 2. INTELLECTUAL PROPERTY GRANTS
31
+ * Disclaimer. TO THE FULL EXTENT ALLOWED BY LAW, THIS SOFTWARE COMES “AS IS,” WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, AND LICENSOR AND ANY OTHER CONTRIBUTOR SHALL NOT BE LIABLE TO ANYONE FOR ANY DAMAGES OR OTHER LIABILITY ARISING FROM, OUT OF, OR IN CONNECTION WITH THE SOFTWARE OR THIS LICENSE, UNDER ANY KIND OF LEGAL CLAIM.
32
32
 
33
- *This section identifies intellectual property rights granted to a Licensee*.
34
-
35
- 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.
36
-
37
- 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.
38
-
39
- ## 3. ETHICAL STANDARDS
40
-
41
- *This section lists conditions the Licensee must comply with in order to have rights under this License.*
42
-
43
- The rights granted to the Licensee by this License are expressly made subject to the Licensee’s ongoing compliance with the following conditions:
44
-
45
- 3.1. The Licensee SHALL NOT, whether directly or indirectly, through agents or assigns:
46
-
47
- 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 +
48
- (See Article 3, *United Nations Universal Declaration of Human Rights*; Article 6, *International Covenant on Civil and Political Rights*)
49
-
50
- 3.1.2. Hold any person in slavery, servitude, or forced labor +
51
- (See Article 4, *United Nations Universal Declaration of Human Rights*; Article 8, *International Covenant on Civil and Political Rights*);
52
-
53
- 3.1.3. Contribute to the institution of slavery, slave trading, forced labor, or unlawful child labor +
54
- (See Article 4, *United Nations Universal Declaration of Human Rights*; Article 8, *International Covenant on Civil and Political Rights*);
55
-
56
- 3.1.4. Torture or subject any person to cruel, inhumane, or degrading treatment or punishment +
57
- (See Article 5, *United Nations Universal Declaration of Human Rights*; Article 7, *International Covenant on Civil and Political Rights*);
58
-
59
- 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 +
60
- (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*);
61
-
62
- 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 +
63
- (See Article 8, *United Nations Universal Declaration of Human Rights*; Articles 9 and 14, *International Covenant on Civil and Political Rights*);
64
-
65
- 3.1.7. Subject any person to arbitrary arrest, detention, or exile +
66
- (See Article 9, *United Nations Universal Declaration of Human Rights*; Article 9, *International Covenant on Civil and Political Rights*);
67
-
68
- 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 +
69
- (See Article 12, *United Nations Universal Declaration of Human Rights*; Article 17, *International Covenant on Civil and Political Rights*);
70
-
71
- 3.1.9. Arbitrarily deprive any person of his/her/their property +
72
- (See Article 17, *United Nations Universal Declaration of Human Rights*);
73
-
74
- 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 +
75
- (See Articles 8 and 10, *United Nations Declaration on the Rights of Indigenous Peoples*);
76
-
77
- 3.1.11. 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;
78
-
79
- 3.1.12. Commit ecocide:
80
-
81
- 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;
82
-
83
- 3.1.12.2 For the purpose of further defining ecocide and the terms contained in the previous paragraph:
84
-
85
- 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;
86
-
87
- 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;
88
-
89
- 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;
90
-
91
- 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
92
-
93
- 3.1.12.2.5. "Environment" means the earth, its biosphere, cryosphere, lithosphere, hydrosphere, and atmosphere, as well as outer space
94
-
95
- (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);
96
-
97
- 3.1.13. 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;
98
-
99
- 3.1.14. 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/ and https://bdsmovement.net/get-involved/what-to-boycott) as a target for boycott;
100
-
101
- 3.1.15. Be an individual or entity that:
102
-
103
- 3.1.15.1. engages in any commercial transactions with the Taliban; or
104
-
105
- 3.1.15.2. is a representative, agent, affiliate, successor, attorney, or assign of the Taliban;
106
-
107
- 3.1.16. Be an individual or entity that:
108
-
109
- 3.1.16.1. engages in any commercial transactions with the Myanmar/Burmese military junta; or
110
-
111
- 3.1.16.2. is a representative, agent, affiliate, successor, attorney, or assign of the Myanmar/Burmese government;
112
-
113
- 3.1.17. 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;
114
-
115
- 3.1.18. Be an individual or entity:
116
-
117
- 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
118
-
119
- 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;
120
-
121
- 3.1.19. 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;
122
-
123
- 3.1.20. Be an entity or a representative, agent, affiliate, successor, attorney, or assign of an entity which conducts military activities;
124
-
125
- 3.1.21. 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;
126
-
127
- 3.1.22. 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;
128
-
129
- 3.1.23. Interfere with Workers’ free exercise of the right to organize and associate +
130
- (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
131
-
132
- 3.1.24. Harm the environment in a manner inconsistent with local, state, national, or international law.
133
-
134
- 3.2. The Licensee SHALL:
135
-
136
- 3.2.1. 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;
137
-
138
- 3.2.2. 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;
139
-
140
- 3.2.3. Provide clear, accessible supply chain data to the public in accordance with the following conditions:
141
-
142
- 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
143
-
144
- 3.2.3.2. Data published will include, where applicable, manufacturers, top tier suppliers, subcontractors, cooperatives, component parts producers, and farms;
145
-
146
- 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:
147
-
148
- 3.2.4.1. A seniority system;
149
-
150
- 3.2.4.2. A merit system;
151
-
152
- 3.2.4.3. A system which measures earnings by quantity or quality of production; or
153
-
154
- 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 +
155
- (See 29 U.S.C.A. § 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
156
-
157
- 3.2.5. Allow for reasonable limitation of working hours and periodic holidays with pay +
158
- (See Article 24, *United Nations Universal Declaration of Human Rights*; Article 7, *International Covenant on Economic, Social and Cultural Rights*).
159
-
160
- ## 4. SUPPLY CHAIN IMPACTED PARTIES
161
-
162
- *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.*
163
-
164
- 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.
165
-
166
- 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.
167
-
168
- ## 5. NOTICE
169
-
170
- *This section explains when a Licensee must notify others of the License.*
171
-
172
- 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.
173
-
174
- 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.
175
-
176
- 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.
177
-
178
- ## 6. REPRESENTATIONS AND WARRANTIES
179
-
180
- 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.
181
-
182
- 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.
183
-
184
- ## 7. TERMINATION
185
-
186
- 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.
187
-
188
- 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.
189
-
190
- 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.
191
-
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- 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.
193
-
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- 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.
195
-
196
- ## 8. MISCELLANEOUS
197
-
198
- 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.
199
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- 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.
201
-
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- 8.3. *Copyleft*: Modified software, source code, or other derivative work must be licensed, in its entirety, under the exact same conditions as this License.
203
-
204
- 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.
205
-
206
- 8.5. *Section Titles*: Section titles are solely written for organizational purposes and should not be used to interpret the language within each section.
207
-
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- 8.6. *Citations*: Citations are solely written to provide context for the source of the provisions in the Ethical Standards.
209
-
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- 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.
211
-
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- 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.
213
-
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- 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.
33
+ This Hippocratic License is an [Ethical Source license](https://ethicalsource.dev) and is offered for use by licensors and licensees at their own risk, on an “AS IS” basis, and with no warranties express or implied, to the maximum extent permitted by Laws.
data/rubysmith.gemspec CHANGED
@@ -2,12 +2,12 @@
2
2
 
3
3
  Gem::Specification.new do |spec|
4
4
  spec.name = "rubysmith"
5
- spec.version = "2.0.1"
5
+ spec.version = "2.0.2"
6
6
  spec.authors = ["Brooke Kuhlmann"]
7
7
  spec.email = ["brooke@alchemists.io"]
8
8
  spec.homepage = "https://github.com/bkuhlmann/rubysmith"
9
9
  spec.summary = "A command line interface for smithing Ruby projects."
10
- spec.license = "Hippocratic-3.0"
10
+ spec.license = "Hippocratic-2.1"
11
11
 
12
12
  spec.metadata = {
13
13
  "bug_tracker_uri" => "https://github.com/bkuhlmann/rubysmith/issues",
@@ -24,13 +24,13 @@ Gem::Specification.new do |spec|
24
24
  spec.required_ruby_version = "~> 3.1"
25
25
  spec.add_dependency "dry-container", "~> 0.9"
26
26
  spec.add_dependency "git_plus", "~> 1.1"
27
- spec.add_dependency "milestoner", "~> 13.0"
27
+ spec.add_dependency "milestoner", "~> 13.3"
28
28
  spec.add_dependency "pastel", "~> 0.8"
29
29
  spec.add_dependency "pragmater", "~> 10.0"
30
30
  spec.add_dependency "refinements", "~> 9.2"
31
31
  spec.add_dependency "rubocop", "~> 1.25"
32
32
  spec.add_dependency "runcom", "~> 8.2"
33
- spec.add_dependency "spek", "~> 0.0"
33
+ spec.add_dependency "spek", "~> 0.2"
34
34
  spec.add_dependency "tocer", "~> 13.2"
35
35
  spec.add_dependency "zeitwerk", "~> 2.5"
36
36
 
data.tar.gz.sig CHANGED
Binary file
metadata CHANGED
@@ -1,7 +1,7 @@
1
1
  --- !ruby/object:Gem::Specification
2
2
  name: rubysmith
3
3
  version: !ruby/object:Gem::Version
4
- version: 2.0.1
4
+ version: 2.0.2
5
5
  platform: ruby
6
6
  authors:
7
7
  - Brooke Kuhlmann
@@ -28,7 +28,7 @@ cert_chain:
28
28
  lkHilIrX69jq8wMPpBhlaw2mRmeSL50Wv5u6xVBvOHhXFSP1crXM95vfLhLyRYod
29
29
  W2A=
30
30
  -----END CERTIFICATE-----
31
- date: 2022-02-28 00:00:00.000000000 Z
31
+ date: 2022-03-04 00:00:00.000000000 Z
32
32
  dependencies:
33
33
  - !ruby/object:Gem::Dependency
34
34
  name: dry-container
@@ -64,14 +64,14 @@ dependencies:
64
64
  requirements:
65
65
  - - "~>"
66
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  - !ruby/object:Gem::Version
67
- version: '13.0'
67
+ version: '13.3'
68
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  type: :runtime
69
69
  prerelease: false
70
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  version_requirements: !ruby/object:Gem::Requirement
71
71
  requirements:
72
72
  - - "~>"
73
73
  - !ruby/object:Gem::Version
74
- version: '13.0'
74
+ version: '13.3'
75
75
  - !ruby/object:Gem::Dependency
76
76
  name: pastel
77
77
  requirement: !ruby/object:Gem::Requirement
@@ -148,14 +148,14 @@ dependencies:
148
148
  requirements:
149
149
  - - "~>"
150
150
  - !ruby/object:Gem::Version
151
- version: '0.0'
151
+ version: '0.2'
152
152
  type: :runtime
153
153
  prerelease: false
154
154
  version_requirements: !ruby/object:Gem::Requirement
155
155
  requirements:
156
156
  - - "~>"
157
157
  - !ruby/object:Gem::Version
158
- version: '0.0'
158
+ version: '0.2'
159
159
  - !ruby/object:Gem::Dependency
160
160
  name: tocer
161
161
  requirement: !ruby/object:Gem::Requirement
@@ -274,7 +274,7 @@ files:
274
274
  - rubysmith.gemspec
275
275
  homepage: https://github.com/bkuhlmann/rubysmith
276
276
  licenses:
277
- - Hippocratic-3.0
277
+ - Hippocratic-2.1
278
278
  metadata:
279
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  bug_tracker_uri: https://github.com/bkuhlmann/rubysmith/issues
280
280
  changelog_uri: https://www.alchemists.io/projects/rubysmith/versions
metadata.gz.sig CHANGED
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