LIBERAL LICENSE - PROTECTED SOURCES 1.0 STRICT BLACKLIST

License agreement

LIBERAL LICENSE for works with PROTECTED SOURCES 1.0

STRICT BLACKLIST International Public License

By exercising the Licensed Rights (defined below), You accept and agree to be bound by the terms and conditions of this License agreement LIBERAL LICENSE for works with PROTECTED SOURCES 1.0 STRICT BLACKLIST International Public License ("Public License"). To the extent this 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.

Adapted Material means material subject to Copyright and Similar Rights that is derived from or based upon the Licensed Material and in which the Licensed Material is translated, altered, arranged, transformed, or otherwise modified in a manner requiring permission under the Copyright and Similar Rights held by the Licensor. For purposes of this Public License Adapted Material is always produced, where the Licensed Material is a software, a machine readable program, a program part, a framework or a component(s) for machine readable programs when it is decompiled, disassembled or otherwise reverse engineered, and if the Licensed Material is encrypted, obfuscated or otherwise protected by Effective Technological Measures when this protection is altered or abrogated, and where the Licensed Material is a construction, when its nature, state or functionality is altered in a not intended manner, and where the Licensed Material is a musical work, performance, or sound recording, when the Licensed Material is synched in timed relation with a moving image.
Copyright and Similar Rights means copyright and/or similar rights closely related to copyright including, without limitation thereon, the right of the exercising creator of the Licensed Material e.g. of the author, developer, inventor, artist or manufacturer, the right of performance, broadcast, sound recording, and Sui Generis Database Rights, without regard to how the rights are labeled or categorized. For purposes of this Public License, the rights specified in Section 2(b)(1)-(2) are not Copyright and Similar Rights.
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.
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.
Licensed Material means the software, the machine readable program, the program part, the framework, the component(s) for software respectively machine readable programs, including all of its documentations and belonging data, as far as provided by the Licensor, but excluding its source codes and specifications, the design pattern, the construction, including all of its documentations, as far as provided by the Licensor, but excluding its construction plans and specifications, the artistic or literary work, database, or other material to which the Licensor applied this Public License. Material which is created or generated by the Licensed Material itself, also by interaction with anybody, is neither part of the Licensed Material of this Public License nor otherwise licensed material, unless that created Material is licensed explicitly.
Licensed Rights means the rights granted to You subject to the terms and conditions of this Public License, which are limited to all Copyright and Similar Rights that apply to Your use of the Licensed Material and that the Licensor has authority to license.
Licensor means the individual(s) or entity(ies) granting rights under this Public License.
Licensee means the individual(s) or entity(ies) to whom rights under this Public License are granted.
Commercial means primarily intended for or directed towards commercial advantage or monetary compensation. For the avoidance of doubt, for purposes of this Public License, a commercial advantage may be given when the Licensed Material is used in whatever manner, e.g. connected to business processes, but is not Shared.
Upper Limits for the Commercial Usage means the values issued or published by the licensor with this Public License, which You must not exceed by a commercial usage of the Licensed Material. These Upper Limits restrict the commercial usage within the scope of this Public License, e.g. regarding the maximum useful life, the maximum number of users, the maximum number of locations for the usage or other criteria. If the Licensor did not issue or publish any Upper Limit, then the commercial usage is not allowed.
NonCommercial means not primarily intended for or directed towards commercial advantage or monetary compensation. For purposes of this Public License, the exchange of the Licensed Material for other material subject to Copyright and Similar Rights by digital file-sharing or similar means is NonCommercial provided there is no payment of monetary compensation in connection with the exchange.
You means the individual or entity exercising the Licensed Rights under this Public License, including the individual(s) or entity(ies) acting as employees or contractors directly on the individual‘s or entity‘s, means Your, behalf based on a legally valid and corresponding contract using the Licensed Material to implement Your orders, as long as the Licensed Material is necessary for this purpose, but not otherwise. Your has a corresponding meaning.
Third party means individual(s) or entity(ies), which are not You, not the Licensor and consequently not Licensee within the scope of this Public License.
Public means accessible and available to the general public, and thus to Third Parties, no matter at which times, at which locations and by which media and technologies the accessibility or the availability is given, if the accessibility and availability for the general public is not restricted by protective measures, such as encryption, obfuscation, geo-blocking, or password protection. Publicly, Published, Publishing and Publication have a corresponding meaning.
NonPublic means not accessible to the general public and Third Parties and not available for the general public and Third Parties, irrespective of times, locations, media and technologies. NonPublicly has a corresponding meaning.
Share means to provide material to Third Parties or the Public by any means or process that requires permission under the Licensed Rights, such as reproduction, public display or execution, public performance, distribution, dissemination, communication, or importation, and to make material available or to transmit respectively upload material to whatever medium, in ways that Third Parties or members of the Public may access the material . This applies even though the material is made available bundled with or bounded to not licensed materials or as a part of a larger work. Sharing has a corresponding meaning.
Blacklist means an actual or an imaginary list of countries with a significant lack of realized fundamental freedoms like human rights, civil rights, political rights and democratization, beyond a certain extend. For purposes of this Public License this list of countries is determined by the „Freedom in the World“-Report from the respective past year, published by Freedom House (freedomhouse.org), as well as the „Democracy Index“-Report from the respective past year, published by The Economist Intelligence Unit (eiu.com) in the manner, that countries which are assessed in at least one of the two indices in its overall assessment with a value of less than the half of the maximum value are considered to be on that list and therefore are excluded from the Sharing of the Licensed Material. To Share the Licensed Material with, respectively to pass the Licensed Material to, these countries and their institutions, as well as the import of the Licensed Material into the territory of these countries, also as a part of a larger work, is not allowed, not even by publishing the Licensed Material, not entirely and not partially; and these countries and their institutions are not allowed for their part to possess or use the Licensed Material in whatever manner, also as a part of a larger work.
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.
Designated to receive attribution means that the Licensor requires to mention the name(s), when Sharing the Licensed Material, in the same manner in which the Licensor must be mentioned as the creator; either required explicitly by message, issue with the Licensed Material or Publication, or required implicitly when these name(s) is (are) mentioned in a similar way the Licensor mentioned himself as the creator on the issue or publishing of the Licensed Material.
Reasonable manner requested by the Licensor means the form to mention the name(s), which the Licensor requires when Sharing the Licensed Material; either required explicitly by message, issue with the Licensed Material or Publication, or required implicitly by the form used when these name(s) is (are) mentioned in a similar way the Licensor mentioned himself as the creator on the issue or publishing of the Licensed Material, to the extent reasonably practicable. The form to mention the name(s) when Sharing the Licensed Material is always considered as reasonable, if it corresponds to the form to mention the name(s) on the issue or publishing of the Licensed Material by the Licensor.
Compatible Liberal Licenses are this Public License and all higher versions of this license, by the same author or by an author authorized by him. Compatible Liberal License has a corresponding meaning.
Admitted Umbrella Licensing is the additional licensing of the Licensed Material that results from applying a Compatible Liberal License to a larger work, which embeds or integrates, references, invokes or executes the Licensed Material. For the avoidance of doubt, a licensing of the larger work with a license other than a Compatible Liberal License is not an Admitted Umbrella Licensing.

Section 2 – Scope.

License grant.
1. Subject to the terms and conditions of this Public License, the Licensor hereby grants You a worldwide, royalty-free, non-sublicensable, non-exclusive, irrevocable license to exercise the Licensed Rights in the Licensed Material to:
  1. display it NonPublicly ; and
  2. display it Publicly, if at the same time this Public License and the name of the creator are displayed or given on the same way to be noticed publicly in a reasonable but effective manner; and
  3. obtain it, e.g. to download it, from any source, but only if it does not violate other regulations of this Public License; and
  4. execute it NonPublicly for NonCommercial purposes only; and
  5. execute it NonPublicly for Commercial purposes, as long as the Upper Limits for the Commercial Usage are not exceeded; and
  6. execute it Publicly for NonCommercial purposes only, if at the same time this Public License and the name of the creator are displayed or given on the same way to be noticed publicly in a reasonable but effective manner; and
  7. execute it Publicly for Commercial purposes, as long as the Upper Limits for the Commercial Usage are not exceeded, if at the same time this Public License and the name of the creator are displayed or given on the same way to be noticed publicly in a reasonable but effective manner; and
  8. use it as a part of a (own) larger work for NonCommercial purposes only, and for this to embed or integrate it into the larger work or to reference to it, invoke it or execute it from there, in any manner, but only if it does not violate other regulations of this Public License. This Public License is applied to the Licensed Material included in a larger work as well with the same Upper Limits for the Commercial Usage. The licensing of the other parts of the larger work remains unaffected. You have the right to execute an Admitted Umbrella Licensing and the Licensor waives and/or agrees not to assert rights held by the Licensor to the limited extent necessary to allow Your Licensees to exercise the rights licensed by the Admitted Umbrella Licensing, but not otherwise. And
  9. use it as a part of a (own) larger work for Commercial purposes, as long as the Upper Limits for the Commercial Usage are not exceeded, and for this to embed or integrate it into the larger work or to reference to it, invoke it or execute it from there, in any manner, but only if it does not violate other regulations of this Public License. This Public License is applied to the Licensed Material included in a larger work as well with the same Upper Limits for the Commercial Usage. The licensing of the other parts of the larger work remains unaffected. You have the right to execute an Admitted Umbrella Licensing and the Licensor waives and/or agrees not to assert rights held by the Licensor to the limited extent necessary to allow Your Licensees to exercise the rights licensed by the Admitted Umbrella Licensing, but not otherwise. And
  10. reproduce and Share it, also a part of a larger work, for Commercial purposes only if not primarily intended for or directed towards a monetary compensation, as well as for NonCommercial purposes, if at the same time this Public License and the name of the creator are Shared on the same way in such an effective but reasonable manner, that it has to be assumed usually the recipient will notice this Public License and the name of the creator. This Public License is applied to the Licensed Material included in a larger work as well, also after it has been Shared, with the same Upper Limits for the Commercial Usage. You have the right to execute an Admitted Umbrella Licensing and the Licensor waives and/or agrees not to assert rights held by the Licensor to the limited extent necessary to allow Your Licensees to exercise the rights licensed by the Admitted Umbrella Licensing, but not otherwise. To Share it beyond country borders is allowed unrestricted, but only if it neither violates other regulations of this Public License, nor the country into which territory the Licensed Material will be imported is excluded from the Sharing of the Licensed Material by a Blacklist for purposes of this Public License.
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. To Share the Licensed Material with Third Parties, also as a part of a larger work, is not allowed in each and every case where these Third Parties are excluded from the Sharing of the Licensed Material by a Blacklist for purposes of this Public License, even if this Sharing is taking place by a Publishing of the Licensed Material, entirely or partially.
3. Term. The term of this Public License is specified in Section 6(a).
4. Media and formats. The Licensor authorizes You to exercise the Licensed Rights in all media and formats whether now known or hereafter created.
5. Downstream recipients.
  1. Offer from the Licensor – Licensed Material. Every recipient of the Licensed Material automatically receives an offer from the Licensor to exercise the Licensed Rights under the terms and conditions of this Public License.
  2. No downstream restrictions. You may not offer or impose any additional or different terms or conditions on, or apply any Effective Technological Measures to, the Licensed Material if doing so restricts exercise of the Licensed Rights by any recipient of the Licensed Material.
6. No endorsement. Nothing in this Public License constitutes or may be construed as permission to assert or imply that You are, or that Your use of the Licensed Material is, connected with, or sponsored, endorsed, or granted official status by, the Licensor or others Designated to receive attribution as provided in Section 3(a)(1)(A)(i).
Other rights.
1. Moral rights, such as the right of integrity, are not licensed under this Public License, nor are publicity, privacy, and/or other similar personality rights; however, to the extent possible, the Licensor waives and/or agrees not to assert any such rights held by the Licensor to the limited extent necessary to allow You to exercise the Licensed Rights, but not otherwise.
2. Patent and trademark rights are not licensed under this Public License. This Public License does not grant you any right in the trademarks, service marks, brand names or logos of the Licensor or others Designated to receive attribution as provided in Section 3(a)(1)(A)(i). However, to the extent possible, the Licensor waives and/or agrees not to assert the rights mentioned in this Section 2(b)(2) to the limited extent necessary to allow You to exercise the Licensed Rights, but not otherwise.
3. To the extent possible, the Licensor waives any right to collect royalties from You for the exercise of the Licensed Rights, whether directly or through a collecting society under any voluntary or waivable statutory or compulsory licensing scheme. In all other cases the Licensor expressly reserves any right to collect such royalties, including when the Licensed Material is used other than for NonCommercial purposes.

Section 3 – License Conditions.

Your exercise of the Licensed Rights is expressly made subject to the following conditions.

Attribution and other declarations.
1. If You Share the Licensed Material, You must:
  1. retain the following if it is supplied by the Licensor with the Licensed Material:
    1. identification of 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);
    2. a copyright notice;
    3. a notice that refers to this Public License;
    4. a notice that refers to the disclaimer of warranties;
    5. a notice that refers to the Upper Limits for the Commercial Usage, as far as issued or published by the Licensor;
    6. a notice that this Public License defines a Blacklist which restricts the Sharing of the Licensed Material;
    7. a URI or hyperlink to the Licensed Material to the extent reasonably practicable;
    8. all documentations and data the usage of the Licensed Material is based on;
  2. indicate the Licensed Material is licensed under this Public License, and include the text of, or the URI or hyperlink to, this Public License.
  For the avoidance of doubt, You do not have permission under this Public License to create or produce Adapted Material or to use in whatever manner source codes, construction plans or specifications of the Licensed Material, unless the Licensor allows You otherwise explicitly to do so.
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. The manner to satisfy the conditions is always considered as reasonable if it corresponds to the manner on the issue or publishing of the Licensed Material by the Licensor.
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. This applies as well to the possibly required information about the Licensor and the possibly required information about this Public License in Sector 2(a)(1).

Section 4 – Sui Generis Database Rights.

Where the Licensed Rights include Sui Generis Database Rights that apply to Your use of the Licensed Material:

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; and
You must comply with the conditions in Section 3(a) if You Share all or a substantial portion of the contents of the database; and
to Share the entire database content or a substantial portion of it with Third Parties, even if it is included in another database, is not allowed in each and every case where these Third Parties are excluded from the Sharing of the Licensed Material by a Blacklist for purposes of this Public License, even if this Sharing is taking place by aPublishing of these contents, entirely or partially.

For the avoidance of doubt, this Section 4 supplements and does not replace Your obligations under this Public License where the Licensed Rights include other Copyright and Similar Rights.

Section 5 – Disclaimer of Warranties and Limitation of Liability.

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.
To the extent possible, in no event will the Licensor be liable to You on any legal theory (including, without limitation, negligence) or otherwise for any direct, special, indirect, incidental, consequential, punitive, exemplary, or other losses, costs, expenses, or damages arising out of this Public License or use of the Licensed Material, even if the Licensor has been advised of the possibility of such losses, costs, expenses, or damages. Where a limitation of liability is not allowed in full or in part, this limitation may not apply to You.

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.

This Public License applies for the term of the Copyright and Similar Rights licensed here. However, if You fail to comply with this Public License, or if You sue the Licensor connected to the Licensed Material or connected to the usage of the Licensed Material by anybody, e.g. because You think patent infringements are given, then Your rights under this Public License terminate automatically. This applies as well in case the Upper Limits for the Commercial Usage are exceeded; and if the Upper Limits for the Commercial Usage are exceeded the Licensor has the right to charge You with an appropriate increased compensation, that is as far as applicable, the double of the price of his price list which has been offered at the time of the usage of the Licensed Material, or as far as reasonably applicable the double of the usual market price at the time of the usage, or as far as reasonably applicable the half of the commercial advantage or monetary compensation which You gained by the usage of the Licensed Material, whichever is higher.
Where Your right to use the Licensed Material has terminated under Section 6(a), it reinstates:
1. automatically as of the date the violation is cured, provided it is cured within 30 days of Your discovery of the violation; or
2. upon express reinstatement by the Licensor.
For the avoidance of doubt, this Section 6(b) does not affect any right the Licensor may have to seek remedies for Your violations of this Public License.
For the avoidance of doubt, the Licensor may also offer the Licensed Material under separate terms or conditions or stop distributing the Licensed Material at any time; however, doing so will not terminate this Public License.
Sections 1, 5, 6, 7, and 8 survive termination of this Public License.

Section 7 – Other Terms and Conditions.

The Licensor shall not be bound by any additional or different terms or conditions communicated by You unless expressly agreed.
Any arrangements, understandings, or agreements regarding the Licensed Material not stated herein are separate from and independent of the terms and conditions of this Public License.

Abschnitt 8 – Place of jurisdiction

If the Licensor is an individual, then the place of jurisdiction is the domicile or alternatively the main residence of the Licensor. If the Licensor is a legal entity, then the place of jurisdiction is the registered office or alternatively the head office of the Licensor.
This Public License shall be governed by and construed in accordance with the local, national and international laws which are applicable at the place of jurisdiction.

Section 9 – Interpretation.

For the avoidance of doubt, this Public License does not, and shall not be interpreted to, reduce, limit, restrict, or impose conditions on any use of the Licensed Material that could lawfully be made without permission under this Public License.
To the extent possible, if any provision of this Public License is deemed unenforceable, it shall be automatically reformed to the minimum extent necessary to make it enforceable. If the provision cannot be reformed, it shall be severed from this Public License without affecting the enforceability of the remaining terms and conditions.
No term or condition of this Public License will be waived and no failure to comply consented to unless expressly agreed to by the Licensor.
Nothing in this Public License constitutes or may be interpreted as a limitation upon, or waiver of, any privileges and immunities that apply to the Licensor or You, including from the legal processes of any jurisdiction or authority.

Document revision: 2
Author: Philip Rickel, Hamburg (Germany) 2018
This document is licensed under the following license:
Creative Commons Attribution-ShareAlike 4.0 International Public License (CC BY-SA)
Direct link to the license: https://creativecommons.org/licenses/by-sa/4.0/legalcode
Human-readable summary: https://creativecommons.org/licenses/by-sa/4.0/