@oxy.so/protocol 1.0.0 → 1.1.0

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package/LICENSE CHANGED
@@ -1,202 +1,676 @@
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+ 2.1: running the Software commercially requires the Commercial Terms even
323
+ where your own separate program stays yours.
324
+
325
+ 3.6 No further restrictions
326
+
327
+ You may not impose any term on a recipient of the Software or a Modified
328
+ Version that restricts the rights these terms grant them, and you may not
329
+ condition their exercise of those rights on the payment of a royalty to you
330
+ for the Software itself. You may charge for your own work, for distribution,
331
+ for support, and for services, subject to Section 2.1.
332
+
333
+ ----------------------------------------------------------------------------
334
+
335
+ 4. The Commercial Terms
336
+
337
+ If your use is Commercial Use, you need the Commercial Terms identified in
338
+ the Parameters table. They are a separate license granted by the Licensor as
339
+ copyright holder, and they are the only way to use the Software
340
+ commercially.
341
+
342
+ What they give you. The right to use the Software for Commercial Use. That
343
+ is all, and it is deliberate.
344
+
345
+ What they do not give you, and what no Oxy license will ever give anyone:
346
+
347
+ - They do not release you from publishing source. Sections 3.2 and 3.3
348
+ apply to commercial licensees in full. If you deploy the Software or a
349
+ Modified Version, you publish the Corresponding Source, exactly as a
350
+ non paying user does.
351
+
352
+ - They do not release you from Attribution. Section 3.1 applies to
353
+ commercial licensees in full.
354
+
355
+ - They do not permit you to make the Software, or your changes to it,
356
+ proprietary. There is no arrangement, at any price, under which the
357
+ Licensor will agree otherwise. This is a design choice, not an opening
358
+ negotiating position.
359
+
360
+ The Licensor grants the Commercial Terms at no charge to Exempt
361
+ Organizations. See Section 5.
362
+
363
+ ----------------------------------------------------------------------------
364
+
365
+ 5. Exempt Organizations
366
+
367
+ The Licensor grants the Commercial Terms at no charge to any Exempt
368
+ Organization, on the terms of the published Exemption Policy.
369
+
370
+ The exemption is from the fee, and from nothing else. An Exempt Organization
371
+ using the Software commercially is bound by every condition in Section 3 in
372
+ full, including publishing Corresponding Source and giving Attribution,
373
+ exactly as a paying commercial licensee is.
374
+
375
+ An Exempt Organization may begin Commercial Use immediately in reliance on
376
+ this Section, without waiting for written confirmation from the Licensor.
377
+ The Exemption Policy explains how to obtain written confirmation if you want
378
+ it for your own records.
379
+
380
+ Many Exempt Organizations will find they do not need the Commercial Terms at
381
+ all, because their use is not Commercial Use in the first place. Section 2.2
382
+ already covers them.
383
+
384
+ A change to the Exemption Policy does not retroactively withdraw a grant
385
+ already made.
386
+
387
+ ----------------------------------------------------------------------------
388
+
389
+ 6. Third party components
390
+
391
+ These terms cover only the parts of the Software that the Licensor owns.
392
+
393
+ The Software may contain, bundle, depend on, vendor, or link to components
394
+ authored by third parties and licensed under their own terms. Those
395
+ components remain governed by their own licenses. Nothing in these terms:
396
+
397
+ - (a) overrides, replaces, supersedes, or modifies the license of any
398
+ third party component;
399
+
400
+ - (b) reduces, restricts, or conditions any right that a third party
401
+ component's own license grants you;
402
+
403
+ - (c) purports to license to you any right in a third party component
404
+ that the Licensor does not itself hold and is not entitled to grant;
405
+ or
406
+
407
+ - (d) creates any obligation for you in respect of a third party
408
+ component beyond what that component's own license requires.
409
+
410
+ Where a third party component's license conflicts with these terms in
411
+ respect of that component, that component's license governs it. In
412
+ particular, a component licensed permissively remains usable by you
413
+ commercially under its own terms, whether or not you hold the Commercial
414
+ Terms for the Software.
415
+
416
+ Where to look. A work licensed under these terms that carries third party
417
+ components lists them in a NOTICE or THIRD-PARTY-LICENSES file at its root,
418
+ naming each component, its license, and where the full license text can be
419
+ found. Read it. The absence of such a file is not a representation that the
420
+ work carries no third party components; dependency manifests and lockfiles
421
+ are also authoritative.
422
+
423
+ What this clause does not do. It resolves the case where the Software merely
424
+ *contains* separately licensed files alongside the Licensor's own code. It
425
+ does not rescue a work that is a derivative of copyleft licensed code. If
426
+ code under the GPL, the AGPL, or another copyleft license is combined into
427
+ the Software such that the combination is a derivative or covered work of
428
+ that code, then that copyleft license governs the whole combination, and no
429
+ third party components clause can carve the Licensor's own contributions
430
+ back out of it. In that case the Licensor cannot license the combination
431
+ under these terms at all, because the Licensor does not hold the right to do
432
+ so.
433
+
434
+ ----------------------------------------------------------------------------
435
+
436
+ 7. Patent license
437
+
438
+ The Licensor grants you a patent license for the Software covering patent
439
+ claims the Licensor can license, or becomes able to license, that you would
440
+ infringe by using the Software as these terms permit. This patent license
441
+ runs for as long as your copyright license under Section 2 does, and extends
442
+ to Commercial Use only while you hold the Commercial Terms.
443
+
444
+ No other patent rights are granted, by implication, estoppel, or otherwise.
445
+
446
+ ----------------------------------------------------------------------------
447
+
448
+ 8. Patent defense
449
+
450
+ If you make any written claim that the Software infringes or contributes to
451
+ the infringement of any patent, your patent license under Section 7 ends
452
+ immediately. If Your Organization makes such a claim, your patent license
453
+ ends immediately for work done on behalf of Your Organization.
454
+
455
+ ----------------------------------------------------------------------------
456
+
457
+ 9. Trademarks
458
+
459
+ These terms grant you no right to use the Licensor's names, logos, trade
460
+ names, service marks, or product names, including "Oxy" and "Breathe",
461
+ except as Section 3.1 requires in order to state the origin of the Software
462
+ accurately, and except for nominative fair use permitted by law.
463
+
464
+ You may say your product is built on the Software. You may not say or imply
465
+ that it is published, endorsed, certified, sponsored, or supported by the
466
+ Licensor unless it is.
467
+
468
+ ----------------------------------------------------------------------------
469
+
470
+ 10. Termination and cure
471
+
472
+ If you violate these terms, your licenses end. But the first time the
473
+ Licensor notifies you in writing of a violation, your licenses are
474
+ reinstated if you come into full compliance, and take practical steps to
475
+ correct the violation, within 32 days of receiving that notice. After a
476
+ first cured violation, further violations end your licenses immediately on
477
+ notice.
478
+
479
+ If your licenses end, the rights of anyone who received the Software or a
480
+ Modified Version from you are not affected, as long as they comply
481
+ themselves.
482
+
483
+ If your Commercial Terms end, for any reason including non payment, your
484
+ license under Section 2 for Permitted Purposes continues, provided you
485
+ comply with Section 3. You must stop Commercial Use.
486
+
487
+ ----------------------------------------------------------------------------
488
+
489
+ 11. Severability and partial exclusion
490
+
491
+ If any part of the Software cannot lawfully be licensed under these terms,
492
+ whether because a third party holds rights in it, because a copyleft
493
+ obligation governs it, or for any other reason, that part is excluded from
494
+ these terms and continues under whatever terms actually govern it. The rest
495
+ of the Software continues under these terms, unaffected.
496
+
497
+ If any provision of these terms is held invalid, illegal, or unenforceable
498
+ by a court of competent jurisdiction, that provision is severed and the
499
+ remaining provisions continue in full force, with the severed provision
500
+ replaced by a valid provision that comes as close as the law permits to the
501
+ original intent.
502
+
503
+ If a condition in Section 3 cannot be enforced against you as a matter of
504
+ law in your jurisdiction, your licenses under Section 2 end rather than
505
+ continuing without that condition.
506
+
507
+ ----------------------------------------------------------------------------
508
+
509
+ 12. No warranty
510
+
511
+ *As far as the law allows, the Software comes as is, without warranty or
512
+ condition of any kind, express or implied, including any warranty of
513
+ merchantability, fitness for a particular purpose, title, or non
514
+ infringement. The entire risk as to the quality and performance of the
515
+ Software is with you.*
516
+
517
+ ----------------------------------------------------------------------------
518
+
519
+ 13. Limitation of liability
520
+
521
+ *As far as the law allows, the Licensor will not be liable to you for any
522
+ damages arising out of these terms or out of the use or nature of the
523
+ Software, under any kind of legal claim, including direct, indirect,
524
+ special, incidental, and consequential damages, and including lost profits
525
+ and lost data, even if the Licensor has been advised of the possibility of
526
+ them.*
527
+
528
+ Nothing in these terms excludes or limits liability that cannot lawfully be
529
+ excluded or limited, including liability for death or personal injury caused
530
+ by negligence, or for fraud.
531
+
532
+ ----------------------------------------------------------------------------
533
+
534
+ 14. Governing law
535
+
536
+ These terms are governed by the law of the jurisdiction named in the
537
+ Parameters table, without regard to its conflict of law rules. The courts of
538
+ that jurisdiction have exclusive jurisdiction over any dispute arising out
539
+ of these terms, except that either party may seek injunctive relief in any
540
+ court of competent jurisdiction to protect its intellectual property.
541
+
542
+ ----------------------------------------------------------------------------
543
+
544
+ 15. Definitions
545
+
546
+ Licensor is the entity named in the Parameters table, being the entity that
547
+ holds the copyright in the Licensor authored parts of the Software or that
548
+ has been granted the rights necessary to license them under both these terms
549
+ and the Commercial Terms.
550
+
551
+ The Software is the software and other material identified in the Parameters
552
+ table that the Licensor makes available under these terms, including each
553
+ version the Licensor so makes available.
554
+
555
+ You means the individual or legal entity exercising rights under these
556
+ terms.
557
+
558
+ Your Organization means any legal entity, sole proprietorship, cooperative,
559
+ association, foundation, or other organization you work for or on behalf of,
560
+ together with every organization that controls it, is controlled by it, or
561
+ is under common control with it. Control means ownership of more than fifty
562
+ percent of the voting interests or of substantially all the assets of an
563
+ entity, or the power to direct its management and policies by vote,
564
+ contract, or otherwise, whether direct or indirect.
565
+
566
+ Permitted Purpose has the meaning given in Section 2.1.
567
+
568
+ Commercial Use means any use of the Software by or for Your Organization
569
+ that is connected to Revenue, whether or not the Software is itself sold.
570
+ Section 2.3 enumerates cases that are Commercial Use. Section 2.2 enumerates
571
+ cases that are not.
572
+
573
+ Revenue means all consideration of any kind received by Your Organization
574
+ from third parties, in cash or in kind, recognized under the accounting
575
+ standards Your Organization ordinarily applies, before deduction of costs.
576
+ It includes subscription fees, license fees, transaction fees, advertising
577
+ revenue, and payments for support or professional services. It excludes
578
+ grants and donations that are not consideration for goods or services,
579
+ capital raised by issuing shares or debt, and proceeds from the sale of
580
+ capital assets.
581
+
582
+ Convey means any act of propagating the Software that enables another party
583
+ to make or receive copies, including distributing it in source or object
584
+ form, publishing it, and shipping it inside a product or device. Merely
585
+ interacting with users over a network, without transferring a copy, is not
586
+ Conveying.
587
+
588
+ Remote Interaction means allowing a user to interact with the Software, or
589
+ with a Modified Version, over a computer network, without that user
590
+ receiving a copy. Providing the Software as a hosted or managed service is
591
+ Remote Interaction.
592
+
593
+ Modified Version means a work that is a Modified Version under Section 3.5.
594
+
595
+ Corresponding Source means all the source code needed to generate, install,
596
+ and run the version in question, and to modify it, including the source of
597
+ the work itself, interface definition files associated with it, build
598
+ scripts, configuration needed to reproduce the build, and scripts
599
+ controlling installation. It does not include the Software's own
600
+ dependencies where those are generally available under their own licenses,
601
+ standard system libraries, compilers, or general purpose tools used to
602
+ produce the build. It does not include your credentials, keys, secrets,
603
+ personal data, or user data.
604
+
605
+ Documented Public Interfaces means the application programming interfaces,
606
+ network protocols, message formats, command line interfaces, plugin
607
+ interfaces, and extension points that the Licensor documents for use by
608
+ others, in the Software's published documentation, its type definitions, or
609
+ its public package exports. An interface the Licensor marks internal,
610
+ private, unstable, or experimental is not a Documented Public Interface.
611
+
612
+ Attribution has the meaning given in Section 3.1.
613
+
614
+ Commercial Terms means the document identified in the Parameters table.
615
+
616
+ Exempt Organization means Your Organization, where Your Organization is any
617
+ of the following. The test applies to Your Organization as a whole, not to a
618
+ department, subsidiary, or project within it.
619
+
620
+ - (a) A cooperative. An entity registered as a cooperative, a mutual, or
621
+ an equivalent form under the law of its jurisdiction, or whose
622
+ governing documents bind it to all four of: membership is open and
623
+ voluntary; members control the entity democratically, with voting
624
+ power not allocated in proportion to capital contributed; any surplus
625
+ is returned to members in proportion to their transactions or
626
+ participation, retained by the entity, or applied to purposes the
627
+ members approve, rather than distributed to outside investors in
628
+ proportion to capital; and the entity is not controlled by an entity
629
+ that is not itself an Exempt Organization.
630
+
631
+ - (b) A nonprofit organization. An entity established on a not for
632
+ profit basis under the law of its jurisdiction, whose governing
633
+ documents prohibit distributing profits or assets to members,
634
+ directors, officers, or shareholders other than as reasonable
635
+ compensation for services actually rendered, and whose assets on
636
+ dissolution must pass to another not for profit or public purpose
637
+ entity. Entities recognized under section 501(c)(3) of the United
638
+ States Internal Revenue Code, entities on the register of the Charity
639
+ Commission for England and Wales or its equivalent elsewhere, and
640
+ entities constituted as an asociación, fundación, association loi
641
+ 1901, Verein, stichting, or equivalent, qualify where they meet this
642
+ test.
643
+
644
+ - (c) An educational institution. A school, college, university, or
645
+ other institution whose primary purpose is education or academic
646
+ research, together with its students and faculty acting in that
647
+ capacity.
648
+
649
+ - (d) A public body. A government, public authority, public health
650
+ service, or public research institution, acting in a public capacity
651
+ and not in competition with commercial providers of the Software.
652
+
653
+ - (e) A worker owned business. An entity in which the people performing
654
+ substantially all of its work also hold substantially all of its
655
+ voting control, whether directly or through a trust or foundation
656
+ constituted for that purpose.
657
+
658
+ An entity does not stop being an Exempt Organization merely because it
659
+ charges for goods or services, earns Revenue, pays market salaries, holds
660
+ reserves, or receives grants or public funding. An entity is not an Exempt
661
+ Organization if it is controlled by an entity that is not one, or if its
662
+ exempt form is used principally to hold or route the economic benefit of the
663
+ Software to persons or entities that would not themselves qualify.
664
+
665
+ Exemption Policy means the document identified in the Parameters table, as
666
+ published by the Licensor from time to time.
667
+
668
+ Governing Law means the jurisdiction named in the Parameters table.
669
+
670
+ ----------------------------------------------------------------------------
671
+
672
+ 16. How to apply these terms
673
+
674
+ See licensing/README.md for the full procedure: which Oxy works use these
675
+ terms and which use Apache-2.0, the file layout, the license identifier, the
676
+ package.json license field, the source header, and the NOTICE file.