ALUSUS PUBLIC LICENSE
Version 1.0, 8 February 2014
Copyright
© 2014 Alusus Software Ltd.
<http://alusus.org/>
This License affects Your legal rights and obligations, and is a binding legal agreement between You and Alusus Software Ltd. , a company incorporated and existing under the laws of British Columbia/Canada whose registered office is at 10052 128 Street, Surrey, BC, V3T 2Y9, Canada (“Licensor”).
In this License, the terms “Contributor”, “Contribution”, “Core Language”, “Extension”, “License”, “Modification”, “Program”, and “You” shall have the meanings defined below.
By clicking the ‘ACCEPT LICENSE AGREEMENT’ button or by using the Core Language or Modifications You acknowledge that You have read the terms contained in this License and agree with and accept all such terms. YOUR USE OF CORE LANGUAGE AND MODIFICATIONS IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTING AND AGREEING TO ALL TERMS OF THIS LICENSE . If You do not understand the meaning of any of the terms contained in this License, DO NOT use Core Language or Modifications unless (i) You have contacted Licensor at info@alusus.org , (ii) received a satisfactory explanation of such meaning, and (iii) agree with all terms contained in this License.
If You do not agree with any of the terms contained in this License, You are not allowed to use Core Language or Modifications, and You must immediately cease any such use.
If You are agreeing to the terms of this License on behalf of a company or other legal entity, You represent that You have the legal authority to bind the legal entity to these terms. If You do not have such authority, or if You do not wish to be bound by the terms, then click the “DECLINE LICENSE AGREEMENT” button, in which case You must not use Core Language, Modifications, or any other derivative work based on or containing Core Language.
DEFINITIONS
“ Contribution” means elements and parts of Core Language created by a particular Contributor.
“ Contributor” means each individual or legal entity that creates or contributes to the creation of Core Language.
“ Core Language” means that version of programming environment which this License accompanies, including all source code, binary files, and documentation, created by or for Licensor that is at the relevant times approved by Licensor to be made available under the terms of this License at https://alusus.org/dev .
“ Extension” means any software that is not a Modification or a Program, that expands of modifies the existing functionality of Core Language as a programming environment. For greater clarity, Extensions are different from Modifications in that no modifications to existing code including any functions, variables, classes, or subroutines are allowed to be found in Extensions. For further clarity, Extensions are different from Programs in that the functionality of Extensions does not go beyond providing an enhanced or modified programming environment based on Core Language, while Programs are designed to perform any other functions.
“ License” means this document. For greater clarity, Licensor is only bound to the official version of this License as it is published at https://alusus.org/alusus_license_1_0 , subject to any revisions and modifications pursuant to Section 9 of this License. If there is a discrepancy between such official versions and the text that may be made available in whichever form, the official version of this License shall govern.
“ Modification” means any software that modifies then existing functions, variables or subroutines in Core Language. For greater clarity, the term “Modification” does not include Extensions or Programs. The term “Modification” should be read as “Modification and any fragment or element of Core Language included in or reproduced as part of such Modification”.
“ Program” means any software created using Core Language (whether or not modified by Modifications or Extensions) that is designed to perform a function other than extending the functionality of Core Language as a programming environment.
“ You” (or “Your”) means an individual or a legal entity exercising rights under this License.
Subject to provisions of Sections 3, 4, 5, 6, 7 and 8 of this License, Licensor on its own behalf and on behalf of all Contributors who rightfully granted Licensor permission to sublicense their Contributions, hereby grants You a worldwide, royalty-free, non-exclusive license to do the following with unmodified versions of Core Language:
reproduce and make copies;
distribute, including by way of selling, offering for sale, renting out, gifting, importing and exporting such copies of Core Language, to the extent that Licensor may only sell or offer the Core Language for sale as part of a package containing other hardware, software or materials;
display in public;
perform in public;
communicate to the public;
communicate to the public by telecommunication;
make available to the public; and
subject to provisions of Sections 3, 4, 5, 6, 7 and 8 of this License, amend, modify, and create Modifications, Extensions, Programs, and, if applicable, other derivative works based on Core Language.
Licensor welcomes Contributions from Contributors and is interested in continued development of Core Language. However, in order to keep the development of Core Language manageable, and to prevent emergence of multiple independent threads of Core Language, Licensor shall keep a centralized depository of Modifications and decide which Modifications become an integral part of Core Language.
Unless You submit Your Modification as a Contributor, and Your Modification is approved by Licensor to become an integral part of Core Language, You must not publish, distribute or otherwise make the Modification available to the public.
To become a Contributor and submit Your Modifications, please visit https://alusus.org/contributor_terms and accept Contributor Terms and Conditions .
If Your Modification was not approved as a Contribution, You are encouraged to make the necessary changes to transform Your Modification into an Extension by ensuring that no variables, functions or subroutines of Core Language are modified.
If You do not agree with the terms of this Section 3, You do not have Licensor’s permission to use Core Language (including by reproducing, making available, amending or modifying Core Language), or to create Modifications, Extensions, Programs or other derivative works based on Core Language.
You agree that limitations and prohibitions contained in this Section 3 apply to You even if applicable laws in Your jurisdiction set forth that it is not a copyright infringement for You to make some of these prohibited uses of Modifications. You voluntarily assume these limitations, even if some uses listed in this Section 3 are recognized as copyright exceptions or “user rights” in Your jurisdiction. You agree to waive and hereby waive any such rights You may have in exchange for Licensor granting You the license to use Core Language, and You hereby agree that any such unauthorized use by You will constitute a breach of this License.
Subject to Sections 3(a), 3(b) and 5 of this License, Licensor on its own behalf and on behalf of all Contributors who rightfully granted Licensor permission to sublicense their Contributions, hereby grants You a worldwide, royalty-free, non-exclusive license to create Programs using the Modifications You may have created by amending or modifying Core Language. No other rights are granted to You in connection with Your use of Modifications.
Licensor welcomes independent development of Extensions by third parties, as long as it does not result in emergence of multiple independent threads of Core Language.
Licensor makes no claim to Your Extensions. You are free to make and authorize others to make any use of Your Extensions, including for commercial purposes, as long as:
You and Your licensees do not include Core Language in the same package as Your Extension;
You do not distribute, make available, or facilitate distribution or making available of Modifications; and
You and Your licensees do not use names or references or do anything else that would lead a reasonable person to believe that Your Extension is created, offered, sponsored, granted official status, or endorsed by Licensor.
To the extent that You need or wish to distribute Core Language, provisions of Section 2 of this License apply.
You are responsible for maintaining Your own licensing policy for authorizing others to use Your Extensions. To the extent You choose to use software by third parties in Your Extensions, You are responsible for ensuring that You are in compliance with such third parties’ respective licensing policies.
Core Language is being developed to allow creation of Programs. Allowing users to create Programs is the reason for the existence of Core Language.
Licensor makes no claim to Your Programs. You are free to make and authorize others to make any use of Your Programs, including for commercial purposes, as long as:
You and Your licensees do not include Core Language in the same package as Your Program;
You do not distribute, make available, or facilitate distribution or making available of Modifications; and
You and Your licensees do not use names or references or do anything else that would lead a reasonable person to believe that Your Program is created, offered, sponsored, granted official status, or endorsed by Licensor.
To the extent that You need or wish to distribute Core Language or Extensions, provisions of Sections 2 and 4 of this License apply.
You are responsible for maintaining Your own licensing policy for authorizing others to use Your Programs. To the extent You choose to use software by third parties in Your Programs, You are responsible for ensuring that You are in compliance with such third parties’ respective licensing policies.
The rights that are not explicitly licensed under this License are reserved by Licensor.
Moral rights, such as the right to be recognized as the author of the work, or the right of integrity, are not licensed under this License, nor are publicity, privacy or other similar personality rights. Licensor agrees that the attribution requirements typically associated with moral rights will be deemed satisfied if You comply with the terms of 7(b) of this License.
Without limitation, this License does not grant any rights in the trademarks, service marks, trade names, or logos of Licensor or any Contributor (except as may be necessary to comply with the notice requirements in Section 7(b) of this License). You acknowledge and agree not to seek to invalidate or otherwise question Licensor’s rights in and to its trademark ALUSUS.
When distributing or making available copies of Core Language, You must inform recipients that the use of such copies is subject to this License and provide a link to https://alusus.org/alusus_license_1_0 as the source of the official text of this License.
You may not remove or alter any notices (including copyright notices, patent notices, disclaimers of warranty, or limitations of liability) contained within the source code or otherwise incorporated into Core Language.
You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of copies of Core Language, Your Extensions, or Your Programs. However, You may do so only on Your own behalf, and not on behalf of Licensor or any Contributors. You must make it absolutely clear that any such warranty, support, indemnity, or liability obligation is offered by You alone, and You hereby agree to indemnify Licensor and every Contributor for any liability incurred by Licensor or such Contributor as a result of warranty, support, indemnity or liability terms You offer. You may include additional disclaimers of warranty and limitations of liability specific to any jurisdictions.
Your ability to sublicense or assign any of the rights and licenses under this License is conditional upon and subject to Your licensees and assignees (and their respective licenses or assignees, through multiple tiers) agreeing to assume all obligations You have under this License.
Unless terminated early under Section , This License is granted for the entire term of protection of rights licensed to You.
Your rights under this License will terminate automatically:
If You fail to comply with the terms of this License,
If You initiate litigation against Licensor,
upon which You must immediately cease and desist from using Core Language.
For the avoidance of doubt, this Section 8 does not affect any right Licensor may have to seek remedies for Your violations of this License.
FUTURE VERSIONS OF THIS LICENSE
Licensor has the right to modify or publish new versions of this License. Each version will be given a distinguishing version number.
You may choose whether to continue using Core Language, Modifications, Extensions, and Programs pursuant to the terms of this License in force when You originally became a party to this License or to be bound by the terms of any subsequent version of this License published by Licensor.
DISCLAIMER OF WARRANTY
Core Language is provided under this License on an “as is” basis, without warranty of any kind, either expressed, implied, or statutory, including, without limitation, warranties that Core Language is free of defects, merchantable, fit for a particular purpose or non-infringing.
You recognize and acknowledge that while each of the Contributors has offered Licensor guarantees and representations of non-infringement in respect of their respective Contributions, Licensor makes no warranties, of any kind, either expressed, implied, or statutory, in respect of such Contributions.
The entire risk as to the quality and performance of Core Language is with You. Should any part of Core Language prove defective in any respect, You (not Licensor or any Contributor) assume the cost of any necessary servicing, repair, or correction.
Licensor disclaims any liability for Modifications, Extensions, Programs or other works derivative of Core Language, whether authorized or not, distributed by third parties outside of Licensor’s control.
If Licensor chooses to distribute Extensions or Programs directly, Licensor may provide specific license terms that apply to such Extensions and Programs, and such license terms shall have precedence over this License.
LIMITATION OF LIABILITY
Under no circumstances and under no legal theory, whether tort (including negligence), contract, or otherwise, shall Licensor or any Contributor, or anyone who distributes Core Language as permitted above, be liable to You for any direct, indirect, special, incidental, or consequential damages of any character including, without limitation, damages for lost profits, loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, even if such party shall have been informed of the possibility of such damages. This limitation of liability shall not apply to liability for death or personal injury resulting from such party’s negligence to the extent applicable law prohibits such limitation. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this exclusion and limitation may not apply to You.
In this License, unless there is something in the subject matter or context inconsistent therewith:
words in the singular number include the plural and such words shall be construed to include the plural;
words in the plural include the singular and such words shall be construed to include the singular;
the words “and” and “or” mean “and/or”;
words importing the use of any gender shall include all genders where the context or party referred to so requires, and the rest of the sentence shall be construed as if the necessary grammatical and terminological changes had been made;
the headings of this License are for convenience only and should not be used for its interpretation.
SEVERABILITY
If any term, clause or provision of this License is held invalid, unenforceable or unconscionable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this License and reformed only to the extent necessary to make it enforceable and valid. Any law or regulation which provides that the language of a contract is to be construed against the drafted shall not be used to construe this License against Licensor or Contributors.
GOVERNING LAW
This License shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada, without giving effect to its choice of law rules.
ARBITRATION
Licensor is committed to providing a world-class service and customer service, and sincerely hopes to resolve most issues that You may have with Licensor without any intermediaries. If You have an issue with Licensor, please send Licensor an email at info@alusus.org .
In the unlikely event that a satisfactory solution cannot be found, You agree to follow the resolution process described below.
Before You initiate, join or participate in any formal proceedings against Licensor, You agree to first discuss the matter informally with Licensor for at least 30 days. To do that, please send Your full name and contact information, Your concern and Your proposed solution by registered mail to us at: 10052 128 Street, Surrey, BC, V3T 2Y9, Canada .
To the maximum extent not expressly prohibited by the laws that may apply to You in each specific situation, You hereby waive Your right to initiate, join or participate in any class actions against us or otherwise consolidate Your claim with any other claim or controversy that any other party may have against us. You agree to resolve any and all disputes You may have with us on an individual basis.
To the maximum extent not expressly prohibited by the laws that may apply to You in each specific situation, You hereby agree that any claim that You might have against us regarding this License, Core Language, Modifications, Extensions, or Programs must be resolved through binding arbitration administered by the British Columbia International Commercial Arbitration Centre, pursuant to its Rules. In the absence of any written agreement otherwise, the place of arbitration shall be Vancouver, British Columbia.
All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorization of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorization of all parties. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.
Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator's decision and any award contained therein.
If, and only if, Your election to use arbitration to resolve any and all disputes as agreed above is held to be unenforceable in each specific situation, whether by operation of law or otherwise, You agree to submit to the exclusive jurisdiction of the courts located in Vancouver, British Columbia to finally adjudicate and determine any suit, action or proceeding arising out of or in connection with the validity, construction, subject-matter, or performance of this License, in accordance with the laws of British Columbia.