diff --git a/LICENSE.adoc b/LICENSE.adoc index 3289f21..70f122b 100644 --- a/LICENSE.adoc +++ b/LICENSE.adoc @@ -1,4 +1,4 @@ -== HIPPOCRATIC LICENSE += HIPPOCRATIC LICENSE *Version 3.0, October 2021* @@ -8,7 +8,7 @@ https://firstdonoharm.dev TERMS AND CONDITIONS FOR USE, COPY, MODIFICATION, PREPARATION OF DERIVATIVE WORK, REPRODUCTION, AND DISTRIBUTION: -=== 1. DEFINITIONS +== 1. DEFINITIONS _This section defines certain terms used throughout this license agreement._ @@ -28,7 +28,7 @@ _This section defines certain terms used throughout this license agreement._ 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. -=== 2. INTELLECTUAL PROPERTY GRANTS +== 2. INTELLECTUAL PROPERTY GRANTS _This section identifies intellectual property rights granted to a Licensee_. @@ -36,7 +36,7 @@ _This section identifies intellectual property rights granted to a Licensee_. 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. -=== 3. ETHICAL STANDARDS +== 3. ETHICAL STANDARDS _This section lists conditions the Licensee must comply with in order to have rights under this License._ @@ -74,9 +74,9 @@ The rights granted to the Licensee by this License are expressly made subject to 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 + (See Articles 8 and 10, _United Nations Declaration on the Rights of Indigenous Peoples_); -3.1.11. (Module – Carbon Underground 200) 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; +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; -3.1.12. (Module – Ecocide) Commit ecocide: +3.1.12. Commit ecocide: 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; @@ -94,37 +94,37 @@ The rights granted to the Licensee by this License are expressly made subject to (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); -3.1.13. (Module – Extractive Industries) 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; +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; -3.1.14. (Module – BDS) 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; +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; -3.1.15. (Module – Taliban) Be an individual or entity that: +3.1.15. Be an individual or entity that: 3.1.15.1. engages in any commercial transactions with the Taliban; or 3.1.15.2. is a representative, agent, affiliate, successor, attorney, or assign of the Taliban; -3.1.16. (Module – Myanmar) Be an individual or entity that: +3.1.16. Be an individual or entity that: 3.1.16.1. engages in any commercial transactions with the Myanmar/Burmese military junta; or 3.1.16.2. is a representative, agent, affiliate, successor, attorney, or assign of the Myanmar/Burmese government; -3.1.17. (Module – Xinjiang Uygur Autonomous Region) 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; +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; -3.1.18. (Module – U.S. Tariff Act) Be an individual or entity: +3.1.18. Be an individual or entity: 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 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; -3.1.19. (Module – Mass Surveillance) 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; +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; -3.1.20. (Module – Military Activities) Be an entity or a representative, agent, affiliate, successor, attorney, or assign of an entity which conducts military activities; +3.1.20. Be an entity or a representative, agent, affiliate, successor, attorney, or assign of an entity which conducts military activities; -3.1.21. (Module – Law Enforcement) 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; +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; -3.1.22. (Module – Media) 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; +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; 3.1.23. Interfere with Workers’ free exercise of the right to organize and associate + (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 @@ -133,11 +133,11 @@ The rights granted to the Licensee by this License are expressly made subject to 3.2. The Licensee SHALL: -3.2.1. (Module – Social Auditing) 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; +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; -3.2.2. (Module – Workers on Board of Directors) 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; +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; -3.2.3. (Module – Supply Chain Transparency) Provide clear, accessible supply chain data to the public in accordance with the following conditions: +3.2.3. Provide clear, accessible supply chain data to the public in accordance with the following conditions: 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 @@ -157,7 +157,7 @@ The rights granted to the Licensee by this License are expressly made subject to 3.2.5. Allow for reasonable limitation of working hours and periodic holidays with pay + (See Article 24, _United Nations Universal Declaration of Human Rights_; Article 7, _International Covenant on Economic, Social and Cultural Rights_). -=== 4. SUPPLY CHAIN IMPACTED PARTIES +== 4. SUPPLY CHAIN IMPACTED PARTIES _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._ @@ -165,7 +165,7 @@ _This section identifies additional individuals or entities that a Licensee coul 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. -=== 5. NOTICE +== 5. NOTICE _This section explains when a Licensee must notify others of the License._ @@ -175,13 +175,13 @@ _This section explains when a Licensee must notify others of the License._ 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. -=== 6. REPRESENTATIONS AND WARRANTIES +== 6. REPRESENTATIONS AND WARRANTIES 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. 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. -=== 7. TERMINATION +== 7. TERMINATION 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. @@ -193,13 +193,13 @@ _This section explains when a Licensee must notify others of the License._ 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. -=== 8. MISCELLANEOUS +== 8. MISCELLANEOUS 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. 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. -8.3. (Module – Copyleft) _Copyleft_: Modified software, source code, or other derivative work must be licensed, in its entirety, under the exact same conditions as this License. +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. 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.