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LICENSE-Community-v1.0
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CACD Community License Agreement 1.0
This CACD Community License Agreement Version 1.0 (the “Agreement”) sets forth the
terms on which Combined Arms Cyber Defence, Inc. (“CACD”) makes available certain
software made available by CACD under this Agreement (the “Software”), with the intent
to foster both cyber security and open source software developer communities. In
the interest of ensuring communities and environments where CACD's software is used
will be able to promote human dignity and the equal worth of all humans, CACD will
retain the right to revoke this license as it sees fit, should it be obvious that
egregious actions are being taken against this basic principle. Software use and
development in the open source space has always been a social action, therefore,
basic human dignity should be enshrined, and is a requirement for use of this license.
BY INSTALLING, DOWNLOADING, ACCESSING, USING OR DISTRIBUTING ANY OF THE SOFTWARE,
YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.IF YOU DO NOT AGREE TO SUCH
TERMS AND CONDITIONS, YOU MUST NOT USE THE SOFTWARE. IF YOU ARE RECEIVING THE SOFTWARE
ON BEHALF OF A LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE ACTUAL AUTHORITY
TO AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT ON BEHALF OF SUCH ENTITY.
“Licensee” means you, an individual, or the entity on whose behalf you are receiving
the Software.
LICENSE GRANT AND CONDITIONS.
1.1 License. Subject to the terms and conditions of this Agreement, CACD hereby grants
to Licensee a non-exclusive, royalty-free, worldwide, non-transferable, non-sublicenseable
license during the term of this Agreement to: (a) use the Software; (b) prepare modifications
and derivative works of the Software; (c) distribute the Software (including without
limitation in source code or object code form); and (d) reproduce copies of the Software
(the “License”). Licensee is not granted the right to, and Licensee shall not, exercise
the License for an Excluded Purpose. For purposes of this Agreement, “Excluded Purpose
” means making available any software-as-a-service, platform-as-a-service, infrastructure
-as-a-service or other similar service that directly competes with CACD products
or services that provide the Software.
1.2 Conditions. In consideration of the License, Licensee’s distribution of the Software
is subject to the following conditions:
a. Licensee must cause any Software modified by Licensee to carry prominent notices
stating that Licensee modified the Software.
b. On each Software copy, Licensee shall reproduce and not remove or alter all CACD
or third party copyright or other proprietary notices contained in the Software,
and Licensee must provide the notice below with each copy.
“This software is made available by CACD, Inc., under the terms of the CACD Community
License Agreement, Version 1.0 located at https://www.combinedarms.ca/cacd-community
-license. BY INSTALLING, DOWNLOADING, ACCESSING, USING OR DISTRIBUTING ANY OF THE
SOFTWARE, YOU AGREE TO THE TERMS OF SUCH LICENSE AGREEMENT.”
1.3 Licensee Modifications. Licensee may add its own copyright notices to modifications
made by Licensee and may provide additional or different license terms and conditions
for use, reproduction, or distribution of Licensee’s modifications. While redistributing
the Software or modifications thereof, Licensee may choose to offer, for a fee or
free of charge, support, warranty, indemnity, or other obligations.Licensee, and
not CACD, will be responsible for any such obligations.
1.4 No Sublicensing. The License does not include the right to sublicense the Software
, however, each recipient to which Licensee provides the Software may exercise the
Licenses so long as such recipient agrees to the terms and conditions of this Agreement.
TERM AND TERMINATION.
This Agreement will continue unless and until earlier terminated as set forth herein
. If Licensee breaches any of its conditions or obligations under this Agreement,
this Agreement will terminate automatically and the License will terminate automatically
and permanently.
INTELLECTUAL PROPERTY.
As between the parties, CACD will retain all right, title, and interest in the Software
, and all intellectual property rights therein. CACD hereby reserves all rights not
expressly granted to Licensee in this Agreement. CACD hereby reserves all rights
in its trademarks and service marks, and no licenses therein are granted in this Agreement.
DISCLAIMER.
CACD HEREBY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY
, OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE.
LIMITATION OF LIABILITY.
CACD WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO
, LOST PROFITS OR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR DIRECT DAMAGES
, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, ARISING OUT OF THIS AGREEMENT. THE
FOREGOING SHALL APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
GENERAL.
6.1 Governing Law. This Agreement will be governed by and interpreted in accordance
with the laws of the province of Ontario, without reference to its conflict of laws
principles. If Licensee is located within Canada, all disputes arising out of this
Agreement are subject to the exclusive jurisdiction of courts located in Ottawa,
Ontario, Canada. If Licensee is located outside of Canada, any dispute, controversy
or claim arising out of or relating to this Agreement will be referred to and finally
determined by arbitration in accordance with the JAMS International Arbitration Rules.
The tribunal will consist of one arbitrator. The place of arbitration will be Toronto
, Canada. The language to be used in the arbitral proceedings will be English. Judgment
upon the award rendered by the arbitrator may be entered in any court having jurisdiction
thereof.
6.2. Assignment. Licensee is not authorized to assign its rights under this Agreement
to any third party. CACD may freely assign its rights under this Agreement to any
third party.
6.3. Other. This Agreement is the entire agreement between the parties regarding
the subject matter hereof. No amendment or modification of this Agreement will be
valid or binding upon the parties unless made in writing and signed by the duly authorized
representatives of both parties. In the event that any provision, including without
limitation any condition, of this Agreement is held to be unenforceable, this Agreement
and all licenses and rights granted hereunder will immediately terminate. Waiver
by CACD of a breach of any provision of this Agreement or the failure by CACD to
exercise any right hereunder will not be construed as a waiver of any subsequent
breach of that right or as a waiver of any other right.