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- [SOFTWARE NAME] Copyright (C) (YEAR) (COPYRIGHT HOLDER(S)/AUTHOR(S) ("Licensor")
- Hippocratic License Version Number: 2.1.
-
- Purpose. The purpose of this License is for the Licensor named above to permit
- the Licensee (as defined below) broad permission, if consistent with Human
- Rights Laws and Human Rights Principles (as each is defined below), to use
- and work with the Software (as defined below) within the full scope of Licensor's
- copyright and patent rights, if any, in the Software, while ensuring attribution
- and protecting the Licensor from liability.
-
- Permission and Conditions. The Licensor grants permission by this license
- ("License"), free of charge, to the extent of Licensor's rights under applicable
- copyright and patent law, to any person or entity (the "Licensee") obtaining
- a copy of this software and associated documentation files (the "Software"),
- to do everything with the Software that would otherwise infringe (i) the Licensor's
- copyright in the Software or (ii) any patent claims to the Software that the
- Licensor can license or becomes able to license, subject to all of the following
- terms and conditions:
-
- * Acceptance. This License is automatically offered to every person and entity
- subject to its terms and conditions. Licensee accepts this License and agrees
- to its terms and conditions by taking any action with the Software that, absent
- this License, would infringe any intellectual property right held by Licensor.
-
- * Notice. Licensee must ensure that everyone who gets a copy of any part of
- this Software from Licensee, with or without changes, also receives the License
- and the above copyright notice (and if included by the Licensor, patent, trademark
- and attribution notice). Licensee must cause any modified versions of the
- Software to carry prominent notices stating that Licensee changed the Software.
- For clarity, although Licensee is free to create modifications of the Software
- and distribute only the modified portion created by Licensee with additional
- or different terms, the portion of the Software not modified must be distributed
- pursuant to this License. If anyone notifies Licensee in writing that Licensee
- has not complied with this Notice section, Licensee can keep this License
- by taking all practical steps to comply within 30 days after the notice. If
- Licensee does not do so, Licensee's License (and all rights licensed hereunder)
- shall end immediately.
-
- * Compliance with Human Rights Principles and Human Rights Laws.
-
- 1. Human Rights Principles.
-
- (a) Licensee is advised to consult the articles of the United Nations Universal
- Declaration of Human Rights and the United Nations Global Compact that define
- recognized principles of international human rights (the "Human Rights Principles").
- Licensee shall use the Software in a manner consistent with Human Rights Principles.
-
- (b) Unless the Licensor and Licensee agree otherwise, any dispute, controversy,
- or claim arising out of or relating to (i) Section 1(a) regarding Human Rights
- Principles, including the breach of Section 1(a), termination of this License
- for breach of the Human Rights Principles, or invalidity of Section 1(a) or
- (ii) a determination of whether any Law is consistent or in conflict with
- Human Rights Principles pursuant to Section 2, below, shall be settled by
- arbitration in accordance with the Hague Rules on Business and Human Rights
- Arbitration (the "Rules"); provided, however, that Licensee may elect not
- to participate in such arbitration, in which event this License (and all rights
- licensed hereunder) shall end immediately. The number of arbitrators shall
- be one unless the Rules require otherwise.
-
- Unless both the Licensor and Licensee agree to the contrary: (1) All documents
- and information concerning the arbitration shall be public and may be disclosed
- by any party; (2) The repository referred to under Article 43 of the Rules
- shall make available to the public in a timely manner all documents concerning
- the arbitration which are communicated to it, including all submissions of
- the parties, all evidence admitted into the record of the proceedings, all
- transcripts or other recordings of hearings and all orders, decisions and
- awards of the arbitral tribunal, subject only to the arbitral tribunal's powers
- to take such measures as may be necessary to safeguard the integrity of the
- arbitral process pursuant to Articles 18, 33, 41 and 42 of the Rules; and
- (3) Article 26(6) of the Rules shall not apply.
-
- 2. Human Rights Laws. The Software shall not be used by any person or entity
- for any systems, activities, or other uses that violate any Human Rights Laws.
- "Human Rights Laws" means any applicable laws, regulations, or rules (collectively,
- "Laws") that protect human, civil, labor, privacy, political, environmental,
- security, economic, due process, or similar rights; provided, however, that
- such Laws are consistent and not in conflict with Human Rights Principles
- (a dispute over the consistency or a conflict between Laws and Human Rights
- Principles shall be determined by arbitration as stated above). Where the
- Human Rights Laws of more than one jurisdiction are applicable or in conflict
- with respect to the use of the Software, the Human Rights Laws that are most
- protective of the individuals or groups harmed shall apply.
-
- 3. Indemnity. Licensee shall hold harmless and indemnify Licensor (and any
- other contributor) against all losses, damages, liabilities, deficiencies,
- claims, actions, judgments, settlements, interest, awards, penalties, fines,
- costs, or expenses of whatever kind, including Licensor's reasonable attorneys'
- fees, arising out of or relating to Licensee's use of the Software in violation
- of Human Rights Laws or Human Rights Principles.
-
- * Failure to Comply. Any failure of Licensee to act according to the terms
- and conditions of this License is both a breach of the License and an infringement
- of the intellectual property rights of the Licensor (subject to exceptions
- under Laws, e.g., fair use). In the event of a breach or infringement, the
- terms and conditions of this License may be enforced by Licensor under the
- Laws of any jurisdiction to which Licensee is subject. Licensee also agrees
- that the Licensor may enforce the terms and conditions of this License against
- Licensee through specific performance (or similar remedy under Laws) to the
- extent permitted by Laws. For clarity, except in the event of a breach of
- this License, infringement, or as otherwise stated in this License, Licensor
- may not terminate this License with Licensee.
-
- * Enforceability and Interpretation. If any term or provision of this License
- is determined to be invalid, illegal, or unenforceable by a court of competent
- jurisdiction, then such 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; provided,
- however, subject to a court modification pursuant to the immediately following
- sentence, if any term or provision of this License pertaining to Human Rights
- Laws or Human Rights Principles is deemed invalid, illegal, or unenforceable
- against Licensee by a court of competent jurisdiction, all rights in the Software
- granted to Licensee shall be deemed null and void as between Licensor and
- Licensee. Upon a determination that any term or provision is invalid, illegal,
- or unenforceable, to the extent permitted by Laws, the court may modify this
- License to affect the original purpose that the Software be used in compliance
- with Human Rights Principles and Human Rights Laws as closely as possible.
- The language in this License shall be interpreted as to its fair meaning and
- not strictly for or against any party.
-
- * Disclaimer. TO THE FULL EXTENT ALLOWED BY LAW, THIS SOFTWARE COMES "AS IS,"
- WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, AND LICENSOR AND ANY OTHER CONTRIBUTOR
- SHALL NOT BE LIABLE TO ANYONE FOR ANY DAMAGES OR OTHER LIABILITY ARISING FROM,
- OUT OF, OR IN CONNECTION WITH THE SOFTWARE OR THIS LICENSE, UNDER ANY KIND
- OF LEGAL CLAIM.
-
- This Hippocratic License is an Ethical Source license (https://ethicalsource.dev)
- and is offered for use by licensors and licensees at their own risk, on an
- "AS IS" basis, and with no warranties express or implied, to the maximum extent
- permitted by Laws.
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