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Upload of the common community LICENSE to use for CACD
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CACD Community License Agreement 1.0 | ||
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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. | ||
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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. | ||
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LICENSE GRANT AND CONDITIONS. | ||
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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. | ||
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1.2 Conditions. In consideration of the License, Licensee’s distribution of the Software | ||
is subject to the following conditions: | ||
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a. Licensee must cause any Software modified by Licensee to carry prominent notices | ||
stating that Licensee modified the Software. | ||
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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. | ||
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“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.” | ||
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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. | ||
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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. | ||
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TERM AND TERMINATION. | ||
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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. | ||
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INTELLECTUAL PROPERTY. | ||
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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. | ||
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DISCLAIMER. | ||
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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. | ||
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LIMITATION OF LIABILITY. | ||
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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. | ||
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GENERAL. | ||
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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. | ||
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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. | ||
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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. |