From 84a88eb52d00303daea46a2652e69d9b295ca8c0 Mon Sep 17 00:00:00 2001 From: Jason Brault Date: Sun, 1 Sep 2024 19:16:20 -0400 Subject: [PATCH] Upload of the common community LICENSE to use for CACD --- LICENSE-Community-v1.0 | 114 +++++++++++++++++++++++++++++++++++++++++ 1 file changed, 114 insertions(+) create mode 100644 LICENSE-Community-v1.0 diff --git a/LICENSE-Community-v1.0 b/LICENSE-Community-v1.0 new file mode 100644 index 0000000..64cb3e9 --- /dev/null +++ b/LICENSE-Community-v1.0 @@ -0,0 +1,114 @@ +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.