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LICENSE
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Esoteric Foundation Public License 1.1.6
Copyright (C) 2024 Esoteric Foundation <https://esoteric.foundation>
=======================================================================
Summary
The Esoteric Foundation Public License is a free, copyleft
general-purpose license, with terms and conditions that also enforce
professional standards and consistency amongst Adapted Material.
The Esoteric Foundation uses this License for almost all, if not all,
material that we publish.
This License is a modified version of the CC BY-SA 4.0 license, changed
to require Adapted Material to be Open-Source, along with a few other
requirements. The CC BY-SA 4.0 license can be found here:
https://creativecommons.org/licenses/by-sa/4.0.
Esoteric Foundation Public License Summary
You may:
a. Use and Share the Licensed Material, provided that You give
appropriate Attribution, as defined in the License below; and
b. Produce, use and Share Adapted Material, provided that:
1. You give appropriate Attribution, as defined in the Public
License below; and
2. If You produce Adapted Material, You:
a. make the Adapted Material Open-Source;
b. use this License (this version or later) as the
Adapter's License (Your license); and
c. refer to the Adapted Material with a name that is
noticeably different and easy to differentiate from the
name of the Licensed Material.
You may not:
a. Use or Share the Licensed Material without giving appropriate
Attribution, as defined in the License below;
b. Produce, use or Share Adapted Material without giving appropriate
Attribution, as defined in the License below;
c. Produce non-Open-Source Adapted Material;
d. Produce Adapted Material where the Adapter's License (Your
license) is not this License;
e. Produce Adapted Material where the Adapter's License (Your
license) is an earlier version of this License; or
f. Produce Adapted Material with a name that may be confused with the
name of the Licensed Material.
Note that the above points are only a summary of the License, and do
not form part of the License itself. Please read and understand the
entire License.
=======================================================================
The Esoteric Foundation organisation ("Esoteric Foundation") is not a
law firm and does not provide legal services or legal advice.
Distribution of this License does not create a lawyer-client or other
relationship.
The Esoteric Foundation makes its License and related information
available on an "as-is" basis. The Esoteric Foundation gives no
warranties regarding its License, any Licensed Material, or any related
information.
The Esoteric Foundation disclaims all liability for damages resulting
from the use of its License to the fullest extent possible.
Using the Esoteric Foundation Public License
The Esoteric Foundation Public License provides a standard set of terms
and conditions that creators and other rights holders may use to share
original works of authorship and other material subject to copyright
and certain other rights specified in the License below.
The following considerations are for informational purposes only, are
not exhaustive, and do not form part of our License.
Considerations for licensors: Our License is intended for use by
those authorized to give the public permission to use material in
ways otherwise restricted by copyright and certain other rights.
Our License is irrevocable.
Licensors should read and understand the terms and conditions of
the License before applying it. Licensors should also secure all
rights necessary before applying our License so that the public
can reuse the material as expected.
Licensors should clearly mark any material not subject to the
License. This includes material used under an Exception or
Limitation to copyright.
Considerations for the public: By using our License, a Licensor
grants the public permission to use the Licensed Material under
specified terms and conditions. If the Licensor's permission is
not necessary for any reason--for example, because of any
applicable Exception or Limitation to copyright--then that use is
not regulated by the License.
Our License grants only permissions under copyright and certain
other rights that a Licensor has authority to grant. Use of the
Licensed Material may still be restricted for other reasons,
including because others have copyright or other rights in the
material.
A Licensor may make special requests, such as asking that all
changes be marked or described. Although not required by our
License, you are encouraged to respect those requests where
reasonable.
=======================================================================
Esoteric Foundation Public License
By exercising the Licensed Rights (defined below), You accept and agree
to be bound by the terms and conditions of the Esoteric Foundation
Public License (the "License").
To the extent that the Public License may be interpreted as a contract,
You are granted the Licensed Rights in consideration of Your acceptance
of these terms and conditions, and the Licensor grants You such rights
in consideration of benefits the Licensor receives from making the
Licensed Material available under these terms and conditions.
Section 1 -- Definitions.
a. Adapted Material means material subject to Copyright and Similar
Rights that is derived from or based upon the Licensed Material or
in which the Licensed Material is translated, altered, arranged,
transformed, or otherwise modified or interacted with in a manner
requiring permission under the Copyright and Similar Rights held
by the Licensor.
For purposes of this License, where the Licensed Material is a
musical work, performance, or sound recording, Adapted Material is
always produced where the Licensed Material is synched in timed
relation with a moving image.
b. Adapter's License means the license You apply to Your Copyright
and Similar Rights in Your contributions to Adapted Material in
accordance with the terms and conditions of this License.
c. Copyright and Similar Rights means copyright and/or similar rights
closely related to copyright including, without limitation,
performance, broadcast, sound recording, and Sui Generis Database
Rights, without regard to how the rights are labeled or
categorized. For purposes of this License, the rights specified in
Section 2(b)(1)-(2) are not Copyright and Similar Rights.
d. Effective Technological Measures means those measures that, in the
absence of proper authority, may not be circumvented under laws
fulfilling obligations under Article 11 of the WIPO Copyright
Treaty adopted on December 20, 1996, and/or similar international
agreements.
e. Exceptions and Limitations means fair use, fair dealing, and/or
any other exception or limitation to Copyright and Similar Rights
that applies to Your use of the Licensed Material.
f. Licensed Material means the artistic or literary work, database,
or other material to which the Licensor applied this Public
License.
g. Licensed Rights means the rights granted to You subject to the
terms and conditions of this License, which are limited to all
Copyright and Similar Rights that apply to Your use of the
Licensed Material and that the Licensor has authority to license.
h. Licensor means the individual(s) or entity(ies) granting rights
under this License.
i. Open-Source material means material whose Sources have been Shared
in a way that allows the public to access and redistribute them,
adhering to any relevant standards for open-source licenses.
j. Share means to provide material to the public by any means or
process that requires permission under the Licensed Rights, such
as reproduction, public display, public performance, distribution,
dissemination, communication, or importation, and to make material
available to the public including in ways that members of the
public may access the material from a place and at a time
individually chosen by them.
k. Sources means all files involved in the creation of the Licensed
Material or Adapted Material, as well as the Licensed Material or
Adapted Material itself.
l. Sui Generis Database Rights means rights other than copyright
resulting from Directive 96/9/EC of the European Parliament and of
the Council of 11 March 1996 on the legal protection of databases,
as amended and/or succeeded, as well as other essentially
equivalent rights anywhere in the world.
m. You means the individual or entity exercising the Licensed Rights
under this License. Your has a corresponding meaning.
Section 2 -- Scope.
a. License grant.
1. Subject to the terms and conditions of this License, the
Licensor hereby grants You a worldwide, royalty-free,
non-sublicensable, non-exclusive, irrevocable license to
exercise the Licensed Rights in the Licensed Material to:
a. reproduce and Share the Licensed Material, in whole or
in part; and
b. produce, reproduce, and Share Adapted Material.
2. Exceptions and Limitations. For the avoidance of doubt, where
Exceptions and Limitations apply to Your use, this Public
License does not apply, and You do not need to comply with
its terms and conditions.
3. Term. The term of this License is specified in Section 6(a).
4. Media and formats; technical modifications allowed. The
Licensor authorizes You to exercise the Licensed Rights in
all media and formats whether now known or hereafter created,
and to make technical modifications necessary to do so.
The Licensor waives and/or agrees not to assert any right or
authority to forbid You from making technical modifications
necessary to exercise the Licensed Rights, including
technical modifications necessary to circumvent Effective
Technological Measures.
For purposes of this License, simply making modifications
authorized by this Section 2(a) (4) never produces Adapted
Material.
5. Downstream recipients.
a. Offer from the Licensor -- Licensed Material. Every
recipient of the Licensed Material automatically
receives an offer from the Licensor to exercise the
Licensed Rights under the terms and conditions of this
License.
b. Additional offer from the Licensor -- Adapted Material.
Every recipient of Adapted Material from You
automatically receives an offer from the Licensor to
exercise the Licensed Rights in the Adapted Material
under the conditions of the Adapter's License You apply.
c. No downstream restrictions. You may not offer or impose
any additional or different terms or conditions on, or
apply any Effective Technological Measures to, the
Licensed Material if doing so restricts exercise of the
Licensed Rights by any recipient of the Licensed
Material.
6. No endorsement. Nothing in this License constitutes or may be
construed as permission to assert or imply that You are, or
that Your use of the Licensed Material is, connected with, or
sponsored, endorsed, or granted official status by, the
Licensor or others designated to receive attribution as
provided in Section 3(a)(1)(A)(i).
b. Other rights.
1. Moral rights, such as the right of integrity, are not
licensed under this License, nor are publicity, privacy,
and/or other similar personality rights; however, to the
extent possible, the Licensor waives and/or agrees not to
assert any such rights held by the Licensor to the limited
extent necessary to allow You to exercise the Licensed
Rights, but not otherwise.
2. Patent and trademark rights are not licensed under this
License.
3. To the extent possible, the Licensor waives any right to
collect royalties from You for the exercise of the Licensed
Rights, whether directly or through a collecting society
under any voluntary or waivable statutory or compulsory
licensing scheme. In all other cases the Licensor expressly
reserves any right to collect such royalties.
Section 3 -- License Conditions.
Your exercise of the Licensed Rights is expressly made subject to the
following conditions.
a. Attribution.
1. If You Share the Licensed Material (including in modified
form), You must:
a. retain the following if it is supplied by the Licensor
with the Licensed Material:
i. identification of, and the URI(s) or hyperlink(s)
to, the creator(s) of the Licensed Material and any
others designated to receive attribution, in any
reasonable manner requested by the Licensor
(including by pseudonym if designated), to the
extent reasonably practicable;
ii. a copyright notice;
iii. a URI or hyperlink to the Licensed Material to the
extent reasonably practicable;
iv. a notice that refers to this License;
v. a notice that refers to the disclaimer of
warranties;
b. indicate if You modified the Licensed Material and
retain an indication of any previous modifications; and
c. indicate the Licensed Material is licensed under this
License, and include the text of, or the URI or
hyperlink to, this License.
2. You may satisfy the conditions in Section 3(a)(1) in any
reasonable manner based on the medium, means, and context in
which You Share the Licensed Material. For example, it may be
reasonable to satisfy the conditions by providing a URI or
hyperlink to a resource that includes the required
information.
3. If requested by the Licensor, You must remove any of the
information required by Section 3(a)(1)(A) to the extent
reasonably practicable.
b. ShareAlike.
In addition to the conditions in Section 3(a), if You Share
Adapted Material You produce, the following conditions also apply.
1. Your Adapted Material must be Open-Source and you must
provide the URI or hyperlink to Your Sources.
In the case that the Licensed Material is a Git repository,
Your Adapted Material must also be a Git repository, as well
as a fork of the Licensed Material if applicable.
If your Adapted Material incorporates the Sources of the
Licensed Material into a larger file structure, we highly
recommend that it is not done by copying the files directly.
Instead, we recommend using tools such as Git submodules for
the purpose of upholding consistency, organisation,
modularity and professional standards.
2. The Adapter's License You apply must be the Esoteric
Foundation License, this version or later.
3. You must include the text of, or the URI or hyperlink to, the
Adapter's License You apply. You may satisfy this condition
in any reasonable manner based on the medium, means, and
context in which You Share Adapted Material.
4. You may not offer or impose any additional or different terms
or conditions on, or apply any Effective Technological
Measures to, Adapted Material that restrict exercise of the
rights granted under the Adapter's License You apply.
5. For the purpose of avoiding confusion, the name you choose
for Your Adapted Material must be recognizably different to,
and easily differentiable from, the name of the Licensed
Material.
If for any reason the Licensed Material is prohibited from
being published under a certain name, the statement above
applies to that name also.
Section 4 -- Sui Generis Database Rights.
Where the Licensed Rights include Sui Generis Database Rights that
apply to Your use of the Licensed Material:
a. for the avoidance of doubt, Section 2(a)(1) grants You the right
to extract, reuse, reproduce, and Share all or a substantial
portion of the contents of the database;
b. if You include all or a substantial portion of the database
contents in a database in which You have Sui Generis Database
Rights, then the database in which You have Sui Generis Database
Rights (but not its individual contents) is Adapted Material,
including for purposes of Section 3(b); and
c. You must comply with the conditions in Section 3(a) if You Share
all or a substantial portion of the contents of the database.
For the avoidance of doubt, this Section 4 supplements and does not
replace Your obligations under this License where the Licensed Rights
include other Copyright and Similar Rights.
Section 5 -- Disclaimer of Warranties and Limitation of Liability.
a. UNLESS OTHERWISE SEPARATELY UNDERTAKEN BY THE LICENSOR, TO THE
EXTENT POSSIBLE, THE LICENSOR OFFERS THE LICENSED MATERIAL AS-IS
AND AS-AVAILABLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES OF
ANY KIND CONCERNING THE LICENSED MATERIAL, WHETHER EXPRESS,
IMPLIED, STATUTORY, OR OTHER. THIS INCLUDES, WITHOUT LIMITATION,
WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT, ABSENCE OF LATENT OR OTHER DEFECTS,
ACCURACY, OR THE PRESENCE OR ABSENCE OF ERRORS, WHETHER OR NOT
KNOWN OR DISCOVERABLE. WHERE DISCLAIMERS OF WARRANTIES ARE NOT
ALLOWED IN FULL OR IN PART, THIS DISCLAIMER MAY NOT APPLY TO YOU.
b. TO THE EXTENT POSSIBLE, IN NO EVENT WILL THE LICENSOR BE LIABLE TO
YOU ON ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION,
NEGLIGENCE) OR OTHERWISE FOR ANY DIRECT, SPECIAL, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR OTHER LOSSES,
COSTS, EXPENSES, OR DAMAGES ARISING OUT OF THIS LICENSE OR USE OF
THE LICENSED MATERIAL, EVEN IF THE LICENSOR HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH LOSSES, COSTS, EXPENSES, OR DAMAGES. WHERE
A LIMITATION OF LIABILITY IS NOT ALLOWED IN FULL OR IN PART, THIS
LIMITATION MAY NOT APPLY TO YOU.
c. The disclaimer of warranties and limitation of liability provided
above shall be interpreted in a manner that, to the extent
possible, most closely approximates an absolute disclaimer and
waiver of all liability.
Section 6 -- Term and Termination.
a. This License applies for the term of the Copyright and Similar
Rights licensed here. However, if You fail to comply with this
License, then Your rights under this License terminate
automatically.
b. Where Your right to use the Licensed Material has terminated under
Section 6(a), it reinstates:
1. automatically as of the date the violation is cured, provided
it is cured within 30 days of Your discovery of the
violation; or
2. upon express reinstatement by the Licensor.
For the avoidance of doubt, this Section 6(b) does not affect any
right the Licensor may have to seek remedies for Your violations
of this License.
c. For the avoidance of doubt, the Licensor may also offer the
Licensed Material under separate terms or conditions or stop
distributing the Licensed Material at any time; however, doing so
will not terminate this License.
d. Sections 1, 5, 6, 7, and 8 survive termination of this Public
License.
Section 7 -- Other Terms and Conditions.
a. The Licensor shall not be bound by any additional or different
terms or conditions communicated by You unless expressly agreed.
b. Any arrangements, understandings, or agreements regarding the
Licensed Material not stated herein are separate from and
independent of the terms and conditions of this License.
Section 8 -- Interpretation.
a. For the avoidance of doubt, this License does not, and shall not
be interpreted to, reduce, limit, restrict, or impose conditions
on any use of the Licensed Material that could lawfully be made
without permission under this License.
b. To the extent possible, if any provision of this License is deemed
unenforceable, it shall be automatically reformed to the minimum
extent necessary to make it enforceable. If the provision cannot
be reformed, it shall be severed from this License without
affecting the enforceability of the remaining terms and
conditions.
c. No term or condition of this License will be waived and no failure
to comply consented to unless expressly agreed to by the Licensor.
d. Nothing in this License constitutes or may be interpreted as a
limitation upon, or waiver of, any privileges and immunities that
apply to the Licensor or You, including from the legal processes
of any jurisdiction or authority.
=======================================================================
How to Apply This License to Your Work
Include a copy of the License in Your Work. If applicable, in a
file, typically called LICENSE.
Attach the following notice to the Licensed Material. If
applicable, in a file, typically called README or README.md, with
the fields enclosed by square brackets "[]" replaced with your own
identifying information (don't include the brackets).
[Name of the Licensed Material] (the "Licensed Material")
Copyright (C) [year] by [name of copyright owner] (the "Licensor")
is licensed under the Esoteric Foundation Public License 1.1.6
(the "License").
You may not use this Licensed Material except in compliance with
the License. You may obtain a copy of the License at
https://esoteric.foundation/license.
You may look at our projects at https://github.com/EsotericFoundation
for examples of applying the License to Your work.
=======================================================================
The Esoteric Foundation is not a party to its License. Notwithstanding,
the Esoteric Foundation may elect to apply its Public License to
material it publishes and in those instances will be considered the
"Licensor". The text of the Esoteric Foundation Public License is
licensed under the Esoteric Foundation Public License.
The Esoteric Foundation may be contacted at
https://esoteric.foundation.