(Version 1.1)
1. Definitions.
1.1. "Contributor" means each entity that creates or contributes
to the creation of Modifications.
1.2. "Covered Work" means the Original Work or Modifications
or the combination of the Original Work and Modifications, in each case
including portions thereof.
1.3. "Larger Work" means a work that combines Covered
Work or portions thereof with work not governed by the terms of this License.
1.4. "License" means this document.
1.5. "Modifications" means any addition to or deletion
from the substance or structure of either the Original Work or any previous
Modifications.
1.6. "Original Work" means work of creative expression
appearing on the Privacilla.org website, and portions thereof, and does not mean
work of creative expression hosted on other sites even if such work appears in a frame
hosted by Privacilla.org or is linked to by Privacilla.org.
1.7 "Privacilla.org" means Privacilla.org, Inc., a Washington, D.C. corporation
incorporated July 16, 2002.
1.8. "You" means an individual or a legal entity exercising
rights under, and complying with all of the terms of this License or a
future version of this License issued under Section 5.1. For legal entities,
"You" includes any entity which controls, is controlled by, or is under
common control with You. For purposes of this definition, "control" means
(a) the power, direct or indirect, to cause the direction or management
of such entity, whether by contract or otherwise, or (b) ownership of fifty
percent (50%) or more of the outstanding shares or beneficial ownership
of such entity.
2. License.
2.1. Privacilla.org Grant.
Privacilla.org hereby grants You a world-wide, royalty-free,
non-exclusive license, subject to third party intellectual property claims,
to use, reproduce, modify, display, perform, sublicense, and distribute
the Original Work (or portions thereof) with or without Modifications,
or as part of a Larger Work.
2.2. Contributor Grant.
Each Contributor hereby grants You a world-wide, royalty-free,
non-exclusive license, subject to third party intellectual property claims
to use, reproduce, modify, display, perform, sublicense, and distribute
the Modifications created by such Contributor (or portions thereof) either
unmodified, with other Modifications, as Covered Work, or as part of a
Larger Work.
3. Distribution Obligations.
3.1. Application of License.
The Modifications which You create or to which You contribute
are governed by the terms of this License, including without limitation
Section 2.2.
3.2. Attribution of Covered Work.
You must cause all Covered Work to which you contribute
to include a prominent statement that it is derived, directly or indirectly,
from Original Work provided by Privacilla.org.
3.3. Required Notices.
You may choose to offer, and to charge a fee for warranty,
indemnity, or liability obligations to one or more recipients of Covered
Work. However, You may do so only on Your own behalf, and not on behalf
of Privacilla.org or any Contributor. You must provide notice of this to
all offerees, making it absolutely clear that any such warranty, indemnity
or liability obligation is offered by You alone. You hereby agree to indemnify
Privacilla.org and every Contributor for any liability incurred by Privacilla.org
or such Contributor as a result of warranty, indemnity, or liability terms
You offer.
3.4. Larger Works.
You may create and distribute a Larger Work by combining
Covered Work with other work not governed by the terms of this License.
In such a case, You must make sure the requirements of this License are
fulfilled for the Covered Work.
4. Inability to Comply Due to Statute or Regulation.
If it is impossible for You to comply with any of the
terms of this License with respect to some or all of the Covered Work due
to statute or regulation then You must comply with the terms of this License
to the maximum extent possible.
5. Versions of the License.
5.1. New Versions.
Privacilla.org may publish revised and/or new versions
of the License from time to time. Each version will be given a distinguishing
version number.
5.2. Effect of New Versions.
Once Covered Work has been published under a particular
version of the License, You may always continue to use it under the terms
of that version. You may also choose to use such Covered Work under the
terms of any subsequent version of the License published by Privacilla.org.
No one other than Privacilla.org has the right to modify the terms applicable
to Covered Work created under this License.
5.3. Derivative Works.
This license contains terms which differ from the Mozilla
Public License and the Netscape Public License. If you create or use a
modified version of this License (which you may only do in order to apply
it to work which is not already Covered Work governed by this License),
you must (a) rename Your license so that the phrases "Mozilla", "MOZILLAPL",
"MOZPL", "Netscape", "NPL", "Privacilla", "PPL", or any confusingly similar
phrase do not appear anywhere in your license and (b) otherwise make it
clear that your version of the license contains terms which differ from
the Mozilla Public License, Netscape Public License, and Privacilla Public
License.
6. DISCLAIMER.
COVERED WORK IS PROVIDED UNDER THIS LICENSE "AS IS", WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
WARRANTIES THAT THE COVERED WORK IS FACTUALLY OR LEGALLY ACCURATE, NON-DEFAMATORY,
OR NON-INFRINGING. THE COVERED WORK DOES NOT CONSTITUTE LEGAL ADVICE AND
YOU MAY NOT RELY ON IT FOR THAT PURPOSE, NOR ADVISE OTHERS TO RELY ON IT
FOR THAT PURPOSE. THE ENTIRE RISK AS TO THE QUALITY OF THE COVERED WORK
IS WITH YOU. SHOULD ANY COVERED WORK PROVE DEFECTIVE IN ANY RESPECT, YOU
(NOT PRIVACILLA.ORG OR ANY OTHER CONTRIBUTOR) ASSUME THE RISK OF ANY DEFECT.
THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE.
NO USE OF ANY COVERED WORK IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
7. TERMINATION.
This License and the rights granted hereunder will terminate
automatically if You fail to comply with terms herein and fail to cure
such breach within 30 days of becoming aware of the breach. All sublicenses
to the Covered Work which are properly granted shall survive any termination
of this License. Provisions which, by their nature, must remain in effect
beyond the termination of this License shall survive.
8. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER
TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL PRIVACILLA.ORG,
ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED WORK, OR ANY SUPPLIER
OF ANY SUCH PARTY, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, OR ANY AND ALL OTHER
COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED
OF THE POSSIBILITY OF SUCH DAMAGES.
9. MISCELLANEOUS.
This License represents the complete agreement concerning
the subject matter hereof. If any provision of this License is held to
be unenforceable, such provision shall be reformed only to the extent necessary
to make it enforceable. This License shall be governed by [California]
law (except to the extent applicable law, if any, provides otherwise),
excluding its conflict-of-law provisions. With respect to disputes in which
at least one party is a citizen of, or an entity chartered or registered
to do business in, the United States of America: (a) unless otherwise agreed
in writing, all disputes relating to this License (excepting any dispute
relating to intellectual property rights) shall be subject to final and
binding arbitration, with the losing party paying all costs of arbitration;
(b) any arbitration relating to this Agreement shall be held in [Santa
Clara County, California, under the auspices of JAMS/EndDispute;] and (c)
any litigation relating to this Agreement shall be subject to the jurisdiction
of the Federal Courts of the [Northern District of California,] with venue
lying in [Santa Clara County, California,] with the losing party responsible
for costs, including without limitation, court costs and reasonable attorneys
fees and expenses. Any law or regulation which provides that the language
of a contract shall be construed against the drafter shall not apply to
this License.
10. RESPONSIBILITY FOR CLAIMS.
You are responsible for damages arising, directly or indirectly,
out of Your utilization of rights under this License, based on the number
of copies of Covered Work you made available, the revenues you received
from utilizing such rights, and other relevant factors. You agree to work
with affected parties to distribute responsibility on an equitable basis.
Comments? license@privacilla.org
(subject: License)
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