Andrew Geissler | 5199d83 | 2021-09-24 16:47:35 -0500 | [diff] [blame^] | 1 | # The Cryptographic Autonomy License, v. 1.0 |
| 2 | |
| 3 | *This Cryptographic Autonomy License (the "License") applies to any |
| 4 | Work whose owner has marked it with any of the following notices, or a |
| 5 | similar demonstration of intent:* |
| 6 | |
| 7 | SPDX-License-Identifier: CAL-1.0 |
| 8 | Licensed under the Cryptographic Autonomy License version 1.0 |
| 9 | |
| 10 | *or* |
| 11 | |
| 12 | SPDX-License-Identifier: CAL-1.0-Combined-Work-Exception |
| 13 | Licensed under the Cryptographic Autonomy License version 1.0, with |
| 14 | Combined Work Exception |
| 15 | |
| 16 | ______________________________________________________________________ |
| 17 | |
| 18 | ## 1. Purpose |
| 19 | |
| 20 | This License gives You unlimited permission to use and modify the |
| 21 | software to which it applies (the "Work"), either as-is or in modified |
| 22 | form, for Your private purposes, while protecting the owners and |
| 23 | contributors to the software from liability. |
| 24 | |
| 25 | This License also strives to protect the freedom and autonomy of third |
| 26 | parties who receive the Work from you. If any non-affiliated third |
| 27 | party receives any part, aspect, or element of the Work from You, this |
| 28 | License requires that You provide that third party all the permissions |
| 29 | and materials needed to independently use and modify the Work without |
| 30 | that third party having a loss of data or capability due to your |
| 31 | actions. |
| 32 | |
| 33 | The full permissions, conditions, and other terms are laid out below. |
| 34 | |
| 35 | ## 2. Receiving a License |
| 36 | |
| 37 | In order to receive this License, You must agree to its rules. The |
| 38 | rules of this License are both obligations of Your agreement with the |
| 39 | Licensor and conditions to your License. You must not do anything with |
| 40 | the Work that triggers a rule You cannot or will not follow. |
| 41 | |
| 42 | ### 2.1. Application |
| 43 | |
| 44 | The terms of this License apply to the Work as you receive it from |
| 45 | Licensor, as well as to any modifications, elaborations, or |
| 46 | implementations created by You that contain any licensable portion of |
| 47 | the Work (a "Modified Work"). Unless specified, any reference to the |
| 48 | Work also applies to a Modified Work. |
| 49 | |
| 50 | ### 2.2. Offer and Acceptance |
| 51 | |
| 52 | This License is automatically offered to every person and |
| 53 | organization. You show that you accept this License and agree to its |
| 54 | conditions by taking any action with the Work that, absent this |
| 55 | License, would infringe any intellectual property right held by |
| 56 | Licensor. |
| 57 | |
| 58 | ### 2.3. Compliance and Remedies |
| 59 | |
| 60 | Any failure to act according to the terms and conditions of this |
| 61 | License places Your use of the Work outside the scope of the License |
| 62 | and infringes the intellectual property rights of the Licensor. In the |
| 63 | event of infringement, the terms and conditions of this License may be |
| 64 | enforced by Licensor under the intellectual property laws of any |
| 65 | jurisdiction to which You are subject. You also agree that either the |
| 66 | Licensor or a Recipient (as an intended third-party beneficiary) may |
| 67 | enforce the terms and conditions of this License against You via |
| 68 | specific performance. |
| 69 | |
| 70 | ## 3. Permissions |
| 71 | ### 3.1. Permissions Granted |
| 72 | |
| 73 | Conditioned on compliance with section 4, and subject to the |
| 74 | limitations of section 3.2, Licensor grants You the world-wide, |
| 75 | royalty-free, non-exclusive permission to: |
| 76 | |
| 77 | + a) Take any action with the Work that would infringe the non-patent |
| 78 | intellectual property laws of any jurisdiction to which You are |
| 79 | subject; and |
| 80 | |
| 81 | + b) claims that Licensor can license or becomes able to |
| 82 | license, to the extent that those claims are embodied in the Work as |
| 83 | distributed by Licensor. ### 3.2. Limitations on Permissions Granted |
| 84 | |
| 85 | The following limitations apply to the permissions granted in section |
| 86 | 3.1: |
| 87 | |
| 88 | + a) Licensor does not grant any patent license for claims that are |
| 89 | only infringed due to modification of the Work as provided by |
| 90 | Licensor, or the combination of the Work as provided by Licensor, |
| 91 | directly or indirectly, with any other component, including other |
| 92 | software or hardware. |
| 93 | |
| 94 | + b) Licensor does not grant any license to the trademarks, service |
| 95 | marks, or logos of Licensor, except to the extent necessary to comply |
| 96 | with the attribution conditions in section 4.1 of this License. |
| 97 | |
| 98 | ## 4. Conditions |
| 99 | |
| 100 | If You exercise any permission granted by this License, such that the |
| 101 | Work, or any part, aspect, or element of the Work, is distributed, |
| 102 | communicated, made available, or made perceptible to a non-Affiliate |
| 103 | third party (a "Recipient"), either via physical delivery or via a |
| 104 | network connection to the Recipient, You must comply with the |
| 105 | following conditions: |
| 106 | |
| 107 | ### 4.1. Provide Access to Source Code |
| 108 | |
| 109 | Subject to the exception in section 4.4, You must provide to each |
| 110 | Recipient a copy of, or no-charge unrestricted network access to, the |
| 111 | Source Code corresponding to the Work ("Access"). |
| 112 | |
| 113 | The "Source Code" of the Work means the form of the Work preferred for |
| 114 | making modifications, including any comments, configuration |
| 115 | information, documentation, help materials, installation instructions, |
| 116 | cryptographic seeds or keys, and any information reasonably necessary |
| 117 | for the Recipient to independently compile and use the Source Code and |
| 118 | to have full access to the functionality contained in the Work. |
| 119 | |
| 120 | #### 4.1.1. Providing Network Access to the Source Code |
| 121 | |
| 122 | Network Access to the Notices and Source Code may be provided by You |
| 123 | or by a third party, such as a public software repository, and must |
| 124 | persist during the same period in which You exercise any of the |
| 125 | permissions granted to You under this License and for at least one |
| 126 | year thereafter. |
| 127 | |
| 128 | #### 4.1.2. Source Code for a Modified Work |
| 129 | |
| 130 | Subject to the exception in section 4.5, You must provide to each |
| 131 | Recipient of a Modified Work Access to Source Code corresponding to |
| 132 | those portions of the Work remaining in the Modified Work as well as |
| 133 | the modifications used by You to create the Modified Work. The Source |
| 134 | Code corresponding to the modifications in the Modified Work must be |
| 135 | provided to the Recipient either a) under this License, or b) under a |
| 136 | Compatible Open Source License. |
| 137 | |
| 138 | A “Compatible Open Source License” means a license accepted by the Open Source |
| 139 | Initiative that allows object code created using both Source Code provided under |
| 140 | this License and Source Code provided under the other open source license to be |
| 141 | distributed together as a single work. |
| 142 | |
| 143 | #### 4.1.3. Coordinated Disclosure of Security Vulnerabilities |
| 144 | |
| 145 | You may delay providing the Source Code corresponding to a particular |
| 146 | modification of the Work for up to ninety (90) days (the "Embargo |
| 147 | Period") if: |
| 148 | |
| 149 | + a) the modification is intended to address a newly-identified |
| 150 | vulnerability or a security flaw in the Work, |
| 151 | |
| 152 | + b) disclosure of the vulnerability or security flaw before the end |
| 153 | of the Embargo Period would put the data, identity, or autonomy of one |
| 154 | or more Recipients of the Work at significant risk, |
| 155 | |
| 156 | + c) You are participating in a coordinated disclosure of the |
| 157 | vulnerability or security flaw with one or more additional Licensees, |
| 158 | and |
| 159 | |
| 160 | + d) Access to the Source Code pertaining to the modification is |
| 161 | provided to all Recipients at the end of the Embargo Period. |
| 162 | |
| 163 | ### 4.2. Maintain User Autonomy |
| 164 | |
| 165 | In addition to providing each Recipient the opportunity to have Access |
| 166 | to the Source Code, You cannot use the permissions given under this |
| 167 | License to interfere with a Recipient's ability to fully use an |
| 168 | independent copy of the Work generated from the Source Code You |
| 169 | provide with the Recipient's own User Data. |
| 170 | |
| 171 | "User Data" means any data that is an input to or an output from the |
| 172 | Work, where the presence of the data is necessary for substantially |
| 173 | identical use of the Work in an equivalent context chosen by the |
| 174 | Recipient, and where the Recipient has an existing ownership interest, |
| 175 | an existing right to possess, or where the data has been generated by, |
| 176 | for, or has been assigned to the Recipient. |
| 177 | |
| 178 | #### 4.2.1. No Withholding User Data |
| 179 | |
| 180 | Throughout any period in which You exercise any of the permissions |
| 181 | granted to You under this License, You must also provide to any |
| 182 | Recipient to whom you provide services via the Work, a no-charge copy, |
| 183 | provided in a commonly used electronic form, of the Recipient's User |
| 184 | Data in your possession, to the extent that such User Data is |
| 185 | available to You for use in conjunction with the Work. |
| 186 | |
| 187 | #### 4.2.2. No Technical Measures that Limit Access |
| 188 | |
| 189 | You may not, by means of the use cryptographic methods applied to |
| 190 | anything provided to the Recipient, by possession or control of |
| 191 | cryptographic keys, seeds, hashes, by any other technological |
| 192 | protection measures, or by any other method, limit a Recipient's |
| 193 | ability to access any functionality present in Recipient's independent |
| 194 | copy of the Work, or to deny a Recipient full control of the |
| 195 | Recipient's User Data. |
| 196 | |
| 197 | #### 4.2.3. No Legal or Contractual Measures that Limit Access |
| 198 | |
| 199 | You may not contractually restrict a Recipient's ability to |
| 200 | independently exercise the permissions granted under this License. You |
| 201 | waive any legal power to forbid circumvention of technical protection |
| 202 | measures that include use of the Work, and You waive any claim that |
| 203 | the capabilities of the Work were limited or modified as a means of |
| 204 | enforcing the legal rights of third parties against Recipients. |
| 205 | |
| 206 | ### 4.3. Provide Notices and Attribution |
| 207 | |
| 208 | You must retain all licensing, authorship, or attribution notices |
| 209 | contained in the Source Code (the "Notices"), and provide all such |
| 210 | Notices to each Recipient, together with a statement acknowledging the |
| 211 | use of the Work. Notices may be provided directly to a Recipient or |
| 212 | via an easy-to-find hyperlink to an Internet location also providing |
| 213 | Access to Source Code. |
| 214 | |
| 215 | ### 4.4. Scope of Conditions in this License |
| 216 | |
| 217 | You are required to uphold the conditions of this License only |
| 218 | relative to those who are Recipients of the Work from You. Other than |
| 219 | providing Recipients with the applicable Notices, Access to Source |
| 220 | Code, and a copy of and full control of their User Data, nothing in |
| 221 | this License requires You to provide processing services to or engage |
| 222 | in network interactions with anyone. |
| 223 | |
| 224 | ### 4.5. Combined Work Exception |
| 225 | |
| 226 | As an exception to condition that You provide Recipients Access to |
| 227 | Source Code, any Source Code files marked by the Licensor as having |
| 228 | the "Combined Work Exception," or any object code exclusively |
| 229 | resulting from Source Code files so marked, may be combined with other |
| 230 | Software into a "Larger Work." So long as you comply with the |
| 231 | requirements to provide Recipients the applicable Notices and Access |
| 232 | to the Source Code provided to You by Licensor, and you provide |
| 233 | Recipients access to their User Data and do not limit Recipient's |
| 234 | ability to independently work with their User Data, any other Software |
| 235 | in the Larger Work as well as the Larger Work as a whole may be |
| 236 | licensed under the terms of your choice. |
| 237 | |
| 238 | ## 5. Term and Termination |
| 239 | |
| 240 | The term of this License begins when You receive the Work, and |
| 241 | continues until terminated for any of the reasons described herein, or |
| 242 | until all Licensor's intellectual property rights in the Software |
| 243 | expire, whichever comes first ("Term"). This License cannot be |
| 244 | revoked, only terminated for the reasons listed below. |
| 245 | |
| 246 | ### 5.1. Effect of Termination |
| 247 | |
| 248 | If this License is terminated for any reason, all permissions granted |
| 249 | to You under Section 3 by any Licensor automatically terminate. You |
| 250 | will immediately cease exercising any permissions granted in this |
| 251 | License relative to the Work, including as part of any Modified Work. |
| 252 | |
| 253 | ### 5.2. Termination for Non-Compliance; Reinstatement |
| 254 | |
| 255 | This License terminates automatically if You fail to comply with any |
| 256 | of the conditions in section 4. As a special exception to termination |
| 257 | for non-compliance, Your permissions for the Work under this License |
| 258 | will automatically be reinstated if You come into compliance with all |
| 259 | the conditions in section 2 within sixty (60) days of being notified |
| 260 | by Licensor or an intended third-party beneficiary of Your |
| 261 | noncompliance. You are eligible for reinstatement of permissions for |
| 262 | the Work one time only, and only for the sixty days immediately after |
| 263 | becoming aware of noncompliance. Loss of permissions granted for the |
| 264 | Work under this License due to either a) sustained noncompliance |
| 265 | lasting more than sixty days or b) subsequent termination for |
| 266 | noncompliance after reinstatement, is permanent, unless rights are |
| 267 | specifically restored by Licensor in writing. |
| 268 | |
| 269 | ### 5.3. Termination Due to Litigation |
| 270 | |
| 271 | If You initiate litigation against Licensor, or any Recipient of the |
| 272 | Work, either direct or indirect, asserting that the Work directly or |
| 273 | indirectly infringes any patent, then all permissions granted to You |
| 274 | by this License shall terminate. In the event of termination due to |
| 275 | litigation, all permissions validly granted by You under this License, |
| 276 | directly or indirectly, shall survive termination. Administrative |
| 277 | review procedures, declaratory judgment actions, counterclaims in |
| 278 | response to patent litigation, and enforcement actions against former |
| 279 | Licensees terminated under this section do not cause termination due |
| 280 | to litigation. |
| 281 | |
| 282 | ## 6. Disclaimer of Warranty and Limit on Liability |
| 283 | |
| 284 | As far as the law allows, the Work comes AS-IS, without any warranty |
| 285 | of any kind, and no Licensor or contributor will be liable to anyone |
| 286 | for any damages related to this software or this license, under any |
| 287 | kind of legal claim, or for any type of damages, including indirect, |
| 288 | special, incidental, or consequential damages of any type arising as a |
| 289 | result of this License or the use of the Work including, without |
| 290 | limitation, damages for loss of goodwill, work stoppage, computer |
| 291 | failure or malfunction, loss of profits, revenue, or any and all other |
| 292 | commercial damages or losses. |
| 293 | |
| 294 | ## 7. Other Provisions |
| 295 | ### 7.1. Affiliates |
| 296 | |
| 297 | An "Affiliate" means any other entity that, directly or indirectly |
| 298 | through one or more intermediaries, controls, is controlled by, or is |
| 299 | under common control with, the Licensee. Employees of a Licensee and |
| 300 | natural persons acting as contractors exclusively providing services |
| 301 | to Licensee are also Affiliates. |
| 302 | |
| 303 | ### 7.2. Choice of Jurisdiction and Governing Law |
| 304 | |
| 305 | A Licensor may require that any action or suit by a Licensee relating |
| 306 | to a Work provided by Licensor under this License may be brought only |
| 307 | in the courts of a particular jurisdiction and under the laws of a |
| 308 | particular jurisdiction (excluding its conflict-of-law provisions), if |
| 309 | Licensor provides conspicuous notice of the particular jurisdiction to |
| 310 | all Licensees. |
| 311 | |
| 312 | ### 7.3. No Sublicensing |
| 313 | |
| 314 | This License is not sublicensable. Each time You provide the Work or a |
| 315 | Modified Work to a Recipient, the Recipient automatically receives a |
| 316 | license under the terms described in this License. You may not impose |
| 317 | any further reservations, conditions, or other provisions on any |
| 318 | Recipients' exercise of the permissions granted herein. |
| 319 | |
| 320 | ### 7.4. Attorneys' Fees |
| 321 | |
| 322 | In any action to enforce the terms of this License, or seeking damages |
| 323 | relating thereto, including by an intended third-party beneficiary, |
| 324 | the prevailing party shall be entitled to recover its costs and |
| 325 | expenses, including, without limitation, reasonable attorneys' fees |
| 326 | and costs incurred in connection with such action, including any |
| 327 | appeal of such action. A "prevailing party" is the party that |
| 328 | achieves, or avoids, compliance with this License, including through |
| 329 | settlement. This section shall survive the termination of this |
| 330 | License. |
| 331 | |
| 332 | ### 7.5. No Waiver |
| 333 | |
| 334 | Any failure by Licensor to enforce any provision of this License will |
| 335 | not constitute a present or future waiver of such provision nor limit |
| 336 | Licensor's ability to enforce such provision at a later time. |
| 337 | |
| 338 | ### 7.6. Severability |
| 339 | |
| 340 | If any provision of this License is held to be unenforceable, such |
| 341 | provision shall be reformed only to the extent necessary to make it |
| 342 | enforceable. Any invalid or unenforceable portion will be interpreted |
| 343 | to the effect and intent of the original portion. If such a |
| 344 | construction is not possible, the invalid or unenforceable portion |
| 345 | will be severed from this License but the rest of this License will |
| 346 | remain in full force and effect. |
| 347 | |
| 348 | ### 7.7. License for the Text of this License |
| 349 | |
| 350 | The text of this license is released under the Creative Commons |
| 351 | Attribution-ShareAlike 4.0 International License, with the caveat that |
| 352 | any modifications of this license may not use the name "Cryptographic |
| 353 | Autonomy License" or any name confusingly similar thereto to describe |
| 354 | any derived work of this License. |