COOPERATIVE NON-VIOLENT PUBLIC LICENSE v4
Preamble
The Cooperative Non-Violent Public license is a freedom-respecting sharealike
license for both the author of a work as well as those subject to a work.
It aims to protect the basic rights of human beings from exploitation,
the earth from plunder, and the equal treatment of the workers involved in the
creation of the work. It aims to ensure a copyrighted work is forever
available for public use, modification, and redistribution under the same
terms so long as the work is not used for harm. For more information about
the CNPL refer to the official webpage
Official Webpage: https://thufie.lain.haus/NPL.html
Terms and Conditions
THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS
COOPERATIVE NON-VIOLENT PUBLIC LICENSE v4 ("LICENSE"). THE WORK IS
PROTECTED BY COPYRIGHT AND ALL OTHER APPLICABLE LAWS. ANY USE OF THE
WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS
PROHIBITED. BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED IN THIS
LICENSE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE.
TO THE EXTENT THIS LICENSE MAY BE CONSIDERED TO BE A CONTRACT,
THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE IN AS CONSIDERATION
FOR ACCEPTING THE TERMS AND CONDITIONS OF THIS LICENSE AND FOR AGREEING
TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE.
1. DEFINITIONS
a. "Act of War" means any action of one country against any group
either with an intention to provoke a conflict or an action that
occurs during a declared war or during armed conflict between
military forces of any origin. This includes but is not limited
to enforcing sanctions or sieges, supplying armed forces,
or profiting from the manufacture of tools or weaponry used in
military conflict.
b. "Adaptation" means a work based upon the Work, or upon the
Work and other pre-existing works, such as a translation,
adaptation, derivative work, arrangement of music or other
alterations of a literary or artistic work, or phonogram or
performance and includes cinematographic adaptations or any
other form in which the Work may be recast, transformed, or
adapted including in any form recognizably derived from the
original, except that a work that constitutes a Collection will
not be considered an Adaptation for the purpose of this License.
For the avoidance of doubt, where the Work is a musical work,
performance or phonogram, the synchronization of the Work in
timed-relation with a moving image ("synching") will be
considered an Adaptation for the purpose of this License.
c. "Bodily Harm" means any physical hurt or injury to a person that
interferes with the health or comfort of the person and that is more
more than merely transient or trifling in nature.
d. "Collection" means a collection of literary or artistic
works, such as encyclopedias and anthologies, or performances,
phonograms or broadcasts, or other works or subject matter other
than works listed in Section 1(i) below, which, by reason of the
selection and arrangement of their contents, constitute
intellectual creations, in which the Work is included in its
entirety in unmodified form along with one or more other
contributions, each constituting separate and independent works
in themselves, which together are assembled into a collective
whole. A work that constitutes a Collection will not be
considered an Adaptation (as defined above) for the purposes of
this License.
e. "Distribute" means to make available to the public the
original and copies of the Work or Adaptation, as appropriate,
through sale, gift or any other transfer of possession or
ownership.
f. "Incarceration" means confinement in a jail, prison, or any
other place where individuals of any kind are held against
either their will or the will of their legal guardians.
g. "Licensor" means the individual, individuals, entity or
entities that offer(s) the Work under the terms of this License.
h. "Original Author" means, in the case of a literary or
artistic work, the individual, individuals, entity or entities
who created the Work or if no individual or entity can be
identified, the publisher; and in addition (i) in the case of a
performance the actors, singers, musicians, dancers, and other
persons who act, sing, deliver, declaim, play in, interpret or
otherwise perform literary or artistic works or expressions of
folklore; (ii) in the case of a phonogram the producer being the
person or legal entity who first fixes the sounds of a
performance or other sounds; and, (iii) in the case of
broadcasts, the organization that transmits the broadcast.
i. "Work" means the literary and/or artistic work offered under
the terms of this License including without limitation any
production in the literary, scientific and artistic domain,
whatever may be the mode or form of its expression including
digital form, such as a book, pamphlet and other writing; a
lecture, address, sermon or other work of the same nature; a
dramatic or dramatico-musical work; a choreographic work or
entertainment in dumb show; a musical composition with or
without words; a cinematographic work to which are assimilated
works expressed by a process analogous to cinematography; a work
of drawing, painting, architecture, sculpture, engraving or
lithography; a photographic work to which are assimilated works
expressed by a process analogous to photography; a work of
applied art; an illustration, map, plan, sketch or
three-dimensional work relative to geography, topography,
architecture or science; a performance; a broadcast; a
phonogram; a compilation of data to the extent it is protected
as a copyrightable work; or a work performed by a variety or
circus performer to the extent it is not otherwise considered a
literary or artistic work.
j. "You" means an individual or entity exercising rights under
this License who has not previously violated the terms of this
License with respect to the Work, or who has received express
permission from the Licensor to exercise rights under this
License despite a previous violation.
k. "Publicly Perform" means to perform public recitations of the
Work and to communicate to the public those public recitations,
by any means or process, including by wire or wireless means or
public digital performances; to make available to the public
Works in such a way that members of the public may access these
Works from a place and at a place individually chosen by them;
to perform the Work to the public by any means or process and
the communication to the public of the performances of the Work,
including by public digital performance; to broadcast and
rebroadcast the Work by any means including signs, sounds or
images.
l. "Reproduce" means to make copies of the Work by any means
including without limitation by sound or visual recordings and
the right of fixation and reproducing fixations of the Work,
including storage of a protected performance or phonogram in
digital form or other electronic medium.
m. "Software" means any digital Work which, through use of a
third-party piece of Software or through the direct usage of
itself on a computer system, the memory of the computer is
modified dynamically or semi-dynamically. "Software",
secondly, processes or interprets information.
n. "Source Code" means the human-readable form of Software
through which the Original Author and/or Distributor originally
created, derived, and/or modified it.
o. "Surveilling" means the use of the Work to either
overtly or covertly observe and record persons and or their
activities.
p. "Web Service" means the use of a piece of Software to
interpret or modify information that is subsequently and directly
served to users over the Internet.
q. "Discriminate" means the use of a work to differentiate between
humans in a such a way which prioritizes some above others on the
basis of percieved membership within certain groups.
r. "Hate Speech" means communication or any form
of expression which is solely for the purpose of expressing hatred
for some group or advocating a form of Discrimination
(to Discriminate per definition in (q)) between humans.
2. FAIR DEALING RIGHTS
Nothing in this License is intended to reduce, limit, or restrict any
uses free from copyright or rights arising from limitations or
exceptions that are provided for in connection with the copyright
protection under copyright law or other applicable laws.
3. LICENSE GRANT
Subject to the terms and conditions of this License, Licensor hereby
grants You a worldwide, royalty-free, non-exclusive, perpetual (for the
duration of the applicable copyright) license to exercise the rights in
the Work as stated below:
a. to Reproduce the Work, to incorporate the Work into one or
more Collections, and to Reproduce the Work as incorporated in
the Collections;
b. to create and Reproduce Adaptations provided that any such
Adaptation, including any translation in any medium, takes
reasonable steps to clearly label, demarcate or otherwise
identify that changes were made to the original Work. For
example, a translation could be marked "The original work was
translated from English to Spanish," or a modification could
indicate "The original work has been modified.";
c. to Distribute and Publicly Perform the Work including as
incorporated in Collections; and,
d. to Distribute and Publicly Perform Adaptations. The above
rights may be exercised in all media and formats whether now
known or hereafter devised. The above rights include the right
to make such modifications as are technically necessary to
exercise the rights in other media and formats. Subject to
Section 8(g), all rights not expressly granted by Licensor are
hereby reserved, including but not limited to the rights set
forth in Section 4(i).
4. RESTRICTIONS
The license granted in Section 3 above is expressly made subject to and
limited by the following restrictions:
a. You may Distribute or Publicly Perform the Work only under
the terms of this License. You must include a copy of, or the
Uniform Resource Identifier (URI) for, this License with every
copy of the Work You Distribute or Publicly Perform. You may not
offer or impose any terms on the Work that restrict the terms of
this License or the ability of the recipient of the Work to
exercise the rights granted to that recipient under the terms of
the License. You may not sublicense the Work. You must keep
intact all notices that refer to this License and to the
disclaimer of warranties with every copy of the Work You
Distribute or Publicly Perform. When You Distribute or Publicly
Perform the Work, You may not impose any effective technological
measures on the Work that restrict the ability of a recipient of
the Work from You to exercise the rights granted to that
recipient under the terms of the License. This Section 4(a)
applies to the Work as incorporated in a Collection, but this
does not require the Collection apart from the Work itself to be
made subject to the terms of this License. If You create a
Collection, upon notice from any Licensor You must, to the
extent practicable, remove from the Collection any credit as
required by Section 4(h), as requested. If You create an
Adaptation, upon notice from any Licensor You must, to the
extent practicable, remove from the Adaptation any credit as
required by Section 4(h), as requested.
b. Subject to the exception in Section 4(e), you may not
exercise any of the rights granted to You in Section 3 above in
any manner that is primarily intended for or directed toward
commercial advantage or private monetary compensation. The
exchange of the Work for other copyrighted works by means of
digital file-sharing or otherwise shall not be considered to be
intended for or directed toward commercial advantage or private
monetary compensation, provided there is no payment of any
monetary compensation in connection with the exchange of
copyrighted works.
c. If the Work meets the definition of Software, You may exercise
the rights granted in Section 3 only if You provide a copy of the
corresponding Source Code from which the Work was derived in digital
form, or You provide a URI for the corresponding Source Code of
the Work, to any recipients upon request.
d. If the Work is used as or for a Web Service, You may exercise
the rights granted in Section 3 only if You provide a copy of the
corresponding Source Code from which the Work was derived in digital
form, or You provide a URI for the corresponding Source Code to the
Work, to any recipients of the data served or modified by the Web
Service.
e. You may exercise the rights granted in Section 3 for
commercial purposes only if you satisfy any of the following:
i. You are a worker-owned business or worker-owned
collective; and
ii. after tax, all financial gain, surplus, profits and
benefits produced by the business or collective are
distributed among the worker-owners unless a set amount
is to be allocated towards community projects as decided
by a previously-established consensus agreement between the
worker-owners where all worker-owners agreed
iii. You are not using such rights on behalf of a business
other than those specified in 4(e.i) and elaborated upon in
4(e.ii), nor are using such rights as a proxy on behalf of a
business with the intent to circumvent the aforementioned
restrictions on such a business.
f. Any use by a business that is privately owned and managed,
and that seeks to generate profit from the labor of employees
paid by salary or other wages, is not permitted under this
license.
g. You may exercise the rights granted in Section 3 for
any purposes only if:
i. You do not use the Work for the purpose of inflicting
Bodily Harm on human beings (subject to criminal
prosecution or otherwise) outside of providing medical aid.
ii.You do not use the Work for the purpose of Surveilling
or tracking individuals for financial gain.
iii. You do not use the Work in an Act of War.
iv. You do not use the Work for the purpose of supporting
or profiting from an Act of War.
v. You do not use the Work for the purpose of Incarceration.
vi. You do not use the Work for the purpose of extracting
oil, gas, or coal.
vii. You do not use the Work for the purpose of
expediting, coordinating, or facilitating paid work
undertaken by individuals under the age of 12 years.
viii. You do not use the Work to either Discriminate or
spread Hate Speech on the basis of sex, sexual orientation,
gender identity, race, age, disability, color, national origin,
religion, or lower economic status.
h. If You Distribute, or Publicly Perform the Work or any
Adaptations or Collections, You must, unless a request has been
made pursuant to Section 4(a), keep intact all copyright notices
for the Work and provide, reasonable to the medium or means You
are utilizing: (i) the name of the Original Author (or
pseudonym, if applicable) if supplied, and/or if the Original
Author and/or Licensor designate another party or parties (e.g.,
a sponsor institute, publishing entity, journal) for attribution
("Attribution Parties") in Licensor!s copyright notice, terms of
service or by other reasonable means, the name of such party or
parties; (ii) the title of the Work if supplied; (iii) to the
extent reasonably practicable, the URI, if any, that Licensor
specifies to be associated with the Work, unless such URI does
not refer to the copyright notice or licensing information for
the Work; and, (iv) consistent with Section 3(b), in the case of
an Adaptation, a credit identifying the use of the Work in the
Adaptation (e.g., "French translation of the Work by Original
Author," or "Screenplay based on original Work by Original
Author"). The credit required by this Section 4(h) may be
implemented in any reasonable manner; provided, however, that in
the case of an Adaptation or Collection, at a minimum such credit
will appear, if a credit for all contributing authors of the
Adaptation or Collection appears, then as part of these credits
and in a manner at least as prominent as the credits for the
other contributing authors. For the avoidance of doubt, You may
only use the credit required by this Section for the purpose of
attribution in the manner set out above and, by exercising Your
rights under this License, You may not implicitly or explicitly
assert or imply any connection with, sponsorship or endorsement
by the Original Author, Licensor and/or Attribution Parties, as
appropriate, of You or Your use of the Work, without the
separate, express prior written permission of the Original
Author, Licensor and/or Attribution Parties.
i. For the avoidance of doubt:
i. Non-waivable Compulsory License Schemes. In those
jurisdictions in which the right to collect royalties
through any statutory or compulsory licensing scheme
cannot be waived, the Licensor reserves the exclusive
right to collect such royalties for any exercise by You of
the rights granted under this License;
ii. Waivable Compulsory License Schemes. In those
jurisdictions in which the right to collect royalties
through any statutory or compulsory licensing scheme can
be waived, the Licensor reserves the exclusive right to
collect such royalties for any exercise by You of the
rights granted under this License if Your exercise of such
rights is for a purpose or use which is otherwise than
noncommercial as permitted under Section 4(b) and
otherwise waives the right to collect royalties through
any statutory or compulsory licensing scheme; and,
iii.Voluntary License Schemes. The Licensor reserves the
right to collect royalties, whether individually or, in
the event that the Licensor is a member of a collecting
society that administers voluntary licensing schemes, via
that society, from any exercise by You of the rights
granted under this License that is for a purpose or use
which is otherwise than noncommercial as permitted under
Section 4(b).
j. Except as otherwise agreed in writing by the Licensor or as
may be otherwise permitted by applicable law, if You Reproduce,
Distribute or Publicly Perform the Work either by itself or as
part of any Adaptations or Collections, You must not distort,
mutilate, modify or take other derogatory action in relation to
the Work which would be prejudicial to the Original Author's
honor or reputation. Licensor agrees that in those jurisdictions
(e.g. Japan), in which any exercise of the right granted in
Section 3(b) of this License (the right to make Adaptations)
would be deemed to be a distortion, mutilation, modification or
other derogatory action prejudicial to the Original Author's
honor and reputation, the Licensor will waive or not assert, as
appropriate, this Section, to the fullest extent permitted by
the applicable national law, to enable You to reasonably
exercise Your right under Section 3(b) of this License (right to
make Adaptations) but not otherwise.
k. Do not make any legal claim against anyone accusing the
Work, with or without changes, alone or with other works,
of infringing any patent claim.
5. REPRESENTATIONS, WARRANTIES AND DISCLAIMER
UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR
OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY
KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE,
INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY,
FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF
LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF
ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO
YOU.
6. LIMITATION ON LIABILITY
EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL
LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL,
INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF
THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
7. TERMINATION
a. This License and the rights granted hereunder will terminate
automatically upon any breach by You of the terms of this
License. Individuals or entities who have received Adaptations
or Collections from You under this License, however, will not
have their licenses terminated provided such individuals or
entities remain in full compliance with those licenses. Sections
1, 2, 5, 6, 7, and 8 will survive any termination of this
License.
b. Subject to the above terms and conditions, the license
granted here is perpetual (for the duration of the applicable
copyright in the Work). Notwithstanding the above, Licensor
reserves the right to release the Work under different license
terms or to stop distributing the Work at any time; provided,
however that any such election will not serve to withdraw this
License (or any other license that has been, or is required to
be, granted under the terms of this License), and this License
will continue in full force and effect unless terminated as
stated above.
8. REVISED LICENSE VERSIONS
a. This License may receive future revisions in the original
spirit of the license intended to strengthen This License.
Each version of This License has an incrementing version number.
b. Unless otherwise specified like in Section 8(c) The Licensor
has only granted this current version of This License for The Work.
In this case future revisions do not apply.
c. The Licensor may specify that the latest available
revision of This License be used for The Work by either explicitly
writing so or by suffixing the License URI with a "+" symbol.
d. The Licensor may specify that The Work is also available
under the terms of This License's current revision as well
as specific future revisions. The Licensor may do this by
writing it explicitly or suffixing the License URI with any
additional version numbers each separated by a comma.
9. MISCELLANEOUS
a. Each time You Distribute or Publicly Perform the Work or a
Collection, the Licensor offers to the recipient a license to
the Work on the same terms and conditions as the license granted
to You under this License.
b. Each time You Distribute or Publicly Perform an Adaptation,
Licensor offers to the recipient a license to the original Work
on the same terms and conditions as the license granted to You
under this License.
c. If the Work is classified as Software, each time You Distribute
or Publicly Perform an Adaptation, Licensor offers to the recipient
a copy and/or URI of the corresponding Source Code on the same
terms and conditions as the license granted to You under this License.
d. If the Work is used as a Web Service, each time You Distribute
or Publicly Perform an Adaptation, or serve data derived from the
Software, the Licensor offers to any recipients of the data a copy
and/or URI of the corresponding Source Code on the same terms and
conditions as the license granted to You under this License.
e. If any provision of this License is invalid or unenforceable
under applicable law, it shall not affect the validity or
enforceability of the remainder of the terms of this License,
and without further action by the parties to this agreement,
such provision shall be reformed to the minimum extent necessary
to make such provision valid and enforceable.
f. No term or provision of this License shall be deemed waived
and no breach consented to unless such waiver or consent shall
be in writing and signed by the party to be charged with such
waiver or consent.
g. This License constitutes the entire agreement between the
parties with respect to the Work licensed here. There are no
understandings, agreements or representations with respect to
the Work not specified here. Licensor shall not be bound by any
additional provisions that may appear in any communication from
You. This License may not be modified without the mutual written
agreement of the Licensor and You.
h. The rights granted under, and the subject matter referenced,
in this License were drafted utilizing the terminology of the
Berne Convention for the Protection of Literary and Artistic
Works (as amended on September 28, 1979), the Rome Convention of
1961, the WIPO Copyright Treaty of 1996, the WIPO Performances
and Phonograms Treaty of 1996 and the Universal Copyright
Convention (as revised on July 24, 1971). These rights and
subject matter take effect in the relevant jurisdiction in which
the License terms are sought to be enforced according to the
corresponding provisions of the implementation of those treaty
provisions in the applicable national law. If the standard suite
of rights granted under applicable copyright law includes
additional rights not granted under this License, such
additional rights are deemed to be included in the License; this
License is not intended to restrict the license of any rights
under applicable law.
