Open Source Eventually License

Preamble

Everyone loves Free/Libre (as in “free speech”) and Open Source Things! Now software, hardware, art and even bioware are available under licenses that respect the freedom of their users. However, it can be difficult to make money selling Open Source Things when those Things can be made available without cost (as in “free beer”). We need a way to be able to temporarily limit users freedoms in order to ensure that the creators of great Open Source stuff can pay mortgages and buy food.

This license limits your freedom to share the Thing(s) (software,hardware, art, bioware, whatever) for a specific amount of time. During that time, only the original creator (Licensor) of the Thing(s) has the right to share this “thing”. After a predetermined and reasonable amount of time, this license will automatically convert to an Free/Libre Open Source license, ensuring that you have the right to share the original Thing(s), and any improvements you have made to this Thing(s), under the terms of an Open Source License.

The files associated with the Thing(s) in question should include:

* OSELicense.txt -> This license without modification.
* STARTINGLICENSE.txt -> An optional file containing permissions and restrictions that apply before the conversion to the end license
* ENDLICENSE.txt -> The Open Source License that this license will convert to.
* CONVERSTIONDATE.txt -> A file containing the date that conversion will take place
* COPYRIGHT.txt -> A file listing the Thing(s) copyright holder including an email address

The functioning of this license is simple. Creators (Licensors) make the Thing(s) (software/hardware/whatever) and then release them using these files, which detail what Open Source License the Thing(s) will convert to and when that conversion occurs. Further clarifications are included in the legalspeak below.

Please read this License carefully before accessing or using the licensed Things. By accessing or using the Things, you are agreeing to be bound by the terms of this License. If you do not or cannot agree to the terms of this License, please do not access or use the Things.

1. Definitions
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1. _Licensor._ The Licensor under this License is defined in the file called COPYRIGHT, that file describes how to contact the copyright owner. If this license is used without this file, the licenses is still valid.
2. _Applicability._ This License applies to any data, software, hardware, bioware, art, program or other work (the “Things(s)”) which Licensor makes available and which contains a notice placed by Licensor identifying such work as subject to the terms of this Open Source Eventually License (the “License”).
3. _Conversion Date._ The Conversin Date is the date upon which the Pre-Release Products shall no longer be covered by this License and/or the restrictions in the STARTINGLICENSE file and revert to a specified Open-Source license. The Conversion Date is the earlier of a) the specific date detailed in the CONVERSIONDATE or b) five years from the Effective Date herein.
4. _Target License._ The conversion license is a Free/Libre Open Source license as defined below. If this license is found to be invalid in court through no fault of the Licensor, the Licensor may replace it with another Free/Libre Open Source license that meets the definition listed below.
5. _Additional Definitions._ As used in this License:
6. “Effective Date” means the date You accept this License.
7. “Applicable Rights” mean: (a) in the case where Licensor is the grantor of rights, (i) claims of copyrights, trademarks, or patents not licensed under this Open Source Eventually License that are now or hereafter acquired, owned by or assigned to Licensor and (ii) that cover subject matter contained in the Products, but only to the extent necessary to use, reproduce and/or distribute the Products without infringement; and (b) in the case where You are the grantor of rights, (i) claims of copyrights, trademarks, or patents that are now or hereafter acquired, owned by or assigned to You and (ii) that cover subject matter in Your Modifications, taken alone or in combination with the Products.
8. “Covered Things” means any works, Thing(s), Modifications, or combination of Thing(s) and any Modifications, and/or any respective portions thereof made subject to this License and for which Licensor is the grantor or owner of Applicable Rights.
9. “Internally Deploy” means: to use, reproduce, display, perform, distribute or otherwise make the Covered Things available, directly or indirectly, to anyone solely inside Your organization.
10. “Externally Deploy” means: (a) to sublicense, distribute or otherwise make the Thing(s) available, directly or indirectly, to anyone other than You; and/or (b) to use the Thing(s), alone or as part of a Larger Work, in any way to provide a service, including but not limited to delivery of content, through electronic communication with a anyone other than You.
11. “Larger Work” means a work which combines the Things or portions thereof with material not governed by the terms of this License.
12. “Modifications” mean any addition to, deletion from, and/or change to, the substance and/or structure of the Things, any previous Modifications, the combination of Things and any previous Modifications,and/or any respective portions thereof. When material is released as a series of files, a Modification is: (a) any addition to or deletion from the contents of a file containing the Products; and/or (b) any new representation or work that contains any part of Things.
13. “You” or “Your” means an individual or a legal entity exercising rights under this License. For legal entities, “You” or “Your” includes any entity which controls, is controlled by, or is under common control with, You, where “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.
14. “Pre-Release Things(s)” means those Covered Things and Modifications created, managed, or developed by Licensor which have not been previously released under an Free/Libre Open Source License (as defined in this document)
15. “After-Release Product(s)” means all Covered Things that are not Pre-Release Things.

2. Grant of License
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1. _Pre-Release Things._ Subject to the terms and conditions of this License and to such royalties or fees assessed by Licensor, Licensor hereby grants You, beginning on the Effective Date, a world-wide, non-exclusive license, to the extent of Licensor’s Applicable Rights and copyrights for the Covered Products: to use, copy, modify, merge,and/or internally deploy copies of the Pre-Release Products within your organization subject to the following conditions:
2. This license alone does not allow you to put the Things or the “source” files for the Thing on the Internet for download.
3. This license alone does not allow you to use this code to offer a service to persons outside your organization.
4. This license alone does not give You the right to use trademarks from the Licensor in marketing to your clients, or otherwise imply that the Licensor is endorsing you, your services or your company.
5. This license alone does not give you the ability to transfer your rights under this license to another individual or other entity. Each entity must buy a separate copy of this license to use or modify the Thing(s), until this license has reverted to the Target License. At that time then contents of the Target License will dictate your right to republish the Thing(s)
6. _Extra Stuff you might have paid for._ This license is intentionally restrictive. The Licensor might have sold you extra privileges that are not provided for here. If the Licensor has provided you with extra privileges, warranties or other things which contradict your Pre-release rights under this document, those will be listed in a file called STARTINGLICENSE.txt The contents of STARTINGLICENSE.txt can provide you with extra privileges, but will not impact the conversion of this document into an Free/Libre Open Source Document. If no STARTINGLICENSE.txt file exists, then you only have the rights described in this document until the license conversion occurs.
7. _Post-Release Products._ On the Effective Date, the terms of this license will be replaced entirely by the terms of the license found in the TARGETLICENSE file. This file must be a Free/Libre Open Source License or a Creative Commons License as defined on one of the following sites:

* http://www.gnu.org/licenses/
* http://opensource.org/licenses
* http://creativecommons.org/licenses/

If the Licensor fails to include a copy of the TARGETLICENSE when you aquire your copy of theThing(s) then You have the right to release the Thing(s) under both the Affero General Public License and the Creative Commons Share-Alike Attribution License:

* http://www.gnu.org/licenses/agpl-3.0.txt
* http://creativecommons.org/licenses/by-sa/3.0/legalcode

1. _Calculating the Conversion Date._ Along with this file, there should be a file titled CONVERSIONDATE. That file shall list the date when this License shall convert to the Target License. However, that conversion date shall be no more than two years from the Download Date. If the CONVERSIONDATE file is missing, or unreadable or has date more than five years from when you downloaded the data: You have the right to create a new file called DOWNLOADDATE, that records the date which you downloaded the file. In order to prevent conflict please send the creator of the Thing(s), and another public mailing list (i.e. the Thing(s) community email list) an email indicating that you had to create a DOWNLOADATE file for your purchase and that you will convert the license two years after that date. This email should include a copy of your reciept for your purchase of the Thing(s) in question. The DOWNLOADDATE file for your purchase can only be set to the date of your public email indicating that you are using this option, and not the date mentioned on the receipt.

3. Other Provisions
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1. _Versions of the License._ DocGraph Journal may publish revised and/or new versions of this License from time to time. Minor and de minimis revisions to styling, numbering, or cosmetic changes will be distinguished by a different commit value. Major revisions which affect the material terms of this License will be given a distinguishing version number. Once a Covered Thing and/or Modification has been published under a particular version of this License, You may continue to use it under the terms of that version. You may also choose to use such Covered Things under the terms of any subsequent version of this License published by DocGraph Journal.
2. _For original works only._ This license is not, itself, an Open Source license. This cannot be used to meet obligations under OpenSource Licenese. If the Licensor of the Thing(s) was obligated to release the Things(s) because of another Open Source licenses, this licenses does not fulfill that obligation. (i.e. if you download Linux, which is under the GPLv2, and modify it, the Licensor cannot use this license to do a GPL v2 OSE release, because the GPLv2 does not give the Licensor the right to do that.
3. _No Warranty or Support._ The Covered Products may contain in whole or in part pre-release, untested, or not fully tested works. The Covered Products may contain errors that could cause failures or loss of data, and may be incomplete or contain inaccuracies. You expressly acknowledge and agree that use of the Covered Products, or any portion thereof, is at Your sole and entire risk. THE PRODUCTS ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE PRODUCTS OR THE USE OR OTHER DEALINGS IN THE PRODUCTS.

[[copyright-and-trademarks]]
4. Copyright and Trademarks
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Copyright (C) 2013 Fred Trotter The terms * Open Source Eventually™ and OSE™ * Open Source Eventually License™ and OSEL™

If you would like to use the term Open Source Eventually, then please also use these licenses, without modification. If you would like to use the idea, but want to change the contents of the license, then please use some other term than “Open Source Eventually” etc to refer to your new license. It is important to us that the developer and user community can rely on this licensing model as safe and reliable extension of the licenses that are already approved by the Creative Commons, the Free Software Foundation and/or the Open Source Initiative, so we will strictly enforce our trademark and copyright licenses in order to ensure that there are no “look-a-like” licenses here.

 

DocGraph Proprietary License

Plain English version:

This license is intended to enable you to have generous use of this data set inside your own company. Unlike the Open Source or Open Source Eventually licenses, this license has no requirement for your company to re-release your improvements around the data, making this license ideal for integrating the data into proprietary software products or service offerings. There are almost no restrictions on what you can do with the data internal to your own company with this license. Additionally, this license is designed to allow you to offer services to other companies using DocGraph data. This license does not permit you to pass this privilege along to other companies, and there are restrictions that are designed to restrict you from passing the raw data, in bulk, to third parties. These restrictions allow us to fund DocGraph and keep providing you with more awesome data! If you need to pass along raw data in violation of this license, please contact us for reseller arrangements.

Full DocGraph Proprietary Legal Agreement:

LICENSE AGREEMENT

FOR USE OF The DocGraph Journal, L.L.C.’S DATA SET
This License Agreement (“License”) is a binding contract between you (“User”) and The DocGraph Journal, L.L.C. (“DocGraph”) regarding the use of DocGraph’s online data set, and all documentation DocGraph provides therewith, as it may be supplemented or modified from time to time (the “Data Set”).  The Data Set is protected by US and international intellectual property laws and treaties, and is licensed, not sold.

PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE CAREFULLY BEFORE ACCESSING OR USING THE DATA SET.  BY ACCESSING OR USING THE DATA SET, USER AGREES TO THE TERMS AND CONDITIONS OF THIS LICENSE.  IF USER IS NOT WILLING TO BE BOUND BY THIS LICENSE, USER MAY NOT ACCESS OR USE THE DATA SET.

WARNING:  Online usage of the Data Set is monitored by DocGraph to prevent violations of this License by users.
A. USER OBLIGATIONS

 

User acknowledges that the Data Set is a commercially valuable proprietary product of DocGraph, the design and development of which involved the expenditure of substantial amounts of money over a long period of time.  User understands that any unauthorized use, reproduction or downloading of the Data Set or the information contained therein could cause substantial and irreparable damage to DocGraph, the extent of which would be difficult to ascertain, and that DocGraph shall be entitled to seek immediate injunctive relief in any court of competent jurisdiction under the applicable laws thereof.

User agrees that User will not, during the term of this License or at any time thereafter, directly or indirectly engage in or take or refrain from taking any action or inaction which may in any way lead to the unauthorized dissemination, reproduction or use of the Data Set or its content by any third party, nor use the same for User’s own commercial benefit (except as expressly permitted under the terms of this License).

User agrees not to copy or duplicate or permit any other person or entity to copy or duplicate any portion of or the entire Data Set except as expressly permitted under the terms of this License. User further agrees not to swap, rent, sublicense, transfer, sell, upload, download, display or offer the Data Set to any other person or entity in any medium or nature whatsoever, except as expressly permitted under the terms of this License.  User agrees to notify DocGraph immediately of any unauthorized use of the Data Set.
B. LICENSE TERMS

 

1.  Grant of Limited Use License.  Subject to User’s compliance with the terms and conditions of this License, including without limitation Sections A, B, C, D, E and K, DocGraph grants to User a non-exclusive, non-transferable, non-sublicensable limited license to use the Data Set in the manner specified below:

a. Searches by User

User is licensed to undertake unlimited searches of the Data Set for the benefit of User in the management and operation of User’s business, embed data retrieved from the Data Set in User’s products, and make copies or printouts of the data or portions of the data contained within the Data Set in accordance with subsection (c) below.

b. Third Party Searches

(I) General Limitation.  User may not allow third parties to conduct searches of the Data Set or make copies or printouts of the data or portions of the data contained within the Data Set except in the instances outlined below.

(II) User’s Staff.  User may allow User’s staff, working under the supervision of User, in the management of User’s business, to conduct searches of the Data Set and make copies or printouts of the data or portions of the data contained within the Data Set in accordance with subsection (c) below.

 

(III) Other Third Parties.  User may allow third parties to access the Data Set, with the following limitaion:  User may not allow third parties to conduct searches or otherwise access the Data Set in any way that results in the third party gaining access to more than fifty percent (50%) of the Data Set.

c. Printouts and Copies

User may not download, upload, publish, distribute, transmit or sell any materials retrieved through use of the Data Set except to the extent permitted under this License.

(I) Definition of Printout.  In this License, “printout” means a visually readable copy which may be displayed on screen or printed on paper.

(II) Internal Use by User.  User is licensed to create printouts or electronic copies of small portions of the data contained within the Data Set only for User’s internal purposes.

2. Termination of License

This License will terminate immediately:  (a) upon User’s breach of or failure to comply with this License in whole or in part; or (b) in the event DocGraph elects, in its sole discretion, to cease offering access to the Data Set online .

The rights of DocGraph under this Section B.2 are in addition to any other rights and remedies permitted by law or under this License.
C. OWNERSHIP

 

User shall have no right or license other than the rights expressly granted in Section B.1 above, and no other right or license shall be implied by conduct or otherwise.  Except to the extent that a third party’s materials or property are included in the Data Set, and this third party has copyright or other proprietary interests in such materials or property, all right, title, and interest in the Data Set including, but not limited to, all copyrights, are the exclusive property of DocGraph.  User agrees not to remove, destroy, deface or otherwise alter any legends, notices, statements or marks indicating DocGraph’s ownership or the restrictions contained in this License on use of the Data Set that are contained or displayed on any screens or printouts.  User acknowledges and agrees that this License does not grant any rights in connection with any trademarks or servicemarks of DocGraph.
D. LIMITATIONS ON LICENSED USE

 

User acknowledges that the Data Set embodies the collection and organization by DocGraph of discrete items of information through the investment of substantial monetary and other resources.  User agrees that in no event will its licensed use of the Data Set hereunder entail reproduction or distribution of all, substantially all, or any material portion of the contents of the Data Set.

User at all times shall treat the Data Set as the confidential and proprietary information of DocGraph and shall comply fully with the limitations on usage and distribution contained in Section A above.  DocGraph’s grant to User of access to the Data Set is in consideration of
User’s acknowledgment of these limitations and User’s agreement not to use or to allow third parties access to the Data Set, except as expressly provided in this License.
E.  CONFIDENTIALITY

 

User shall not disclose or cause to be disclosed in whole or in part the Data Set or any information contained therein (“Confidential Information”) to any third party or use same except as specifically authorized by this Agreement.  User shall protect the confidentiality of Confidential Information with the same degree of care, but no less than reasonable care, as User uses to protect its own confidential information of like nature.   Only staff members of the User with a strict and essential need to use Confidential Information shall receive access to same.
F. WARRANTIES, DISCLAIMER, AND LIMITATION OF LIABILITY

 

1. General Limitation

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DATABASE AND THE INFORMATION CONTAINED THEREIN IS PROVIDED “AS IS” AND WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.  User acknowledges that the Data Set and the information within it may have defects, deficiencies or errors which may not be corrected by DocGraph.

2. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF DocGraph FOR ANY CLAIM FOR DAMAGES UNDER ANY LEGAL THEORY SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY USER FOR USER’S MEMBERSHIP IN DocGraph FOR THE PERIOD DURING WHICH THE EVENT COMPLAINED OF OCCURRED.  DocGraph SHALL NOT BE LIABLE TO USER FOR ANY CLAIM RELATING IN ANY WAY TO THE USE OR INABILITY TO USE THE DATABASE, INCLUDING WITHOUT LIMITATION CLAIMS ARISING FROM THE INACCURACY OR INCOMPLETENESS OF THE INFORMATION CONTAINED IN THE DATABASE, THE USER’S INABILITY TO ACCESS THE DATABASE OR PERFORM SEARCHES (EVEN IF USER’S ACCESS TO THE DATABASE HAS BEEN TERMINATED WITHOUT NOTICE BY DocGraph), OR INCOMPATIBLITY OF THE DATABASE WITH ANY SOFTWARE, HARDWARE, OR OTHER EQUIPMENT UTILIZED BY THE USER.  DocGraph SHALL NOT BE LIABLE FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, EXEMPLARY, INDIRECT, OR SPECIAL DAMAGES RELATING IN WHOLE OR IN PART TO USER’S RIGHTS HEREUNDER, OR USE OF, OR INABILITY TO USE, THE DATABASE IN ANY WAY (INCLUDING INTERRUPTION OF BUSINESS, DAMAGE TO SOFTWARE OR HARDWARE, OR LOSS OF USE, DATA, OR OTHER ECONOMIC ADVANTAGE), REGARDLESS OF THE THEORY OF LIABILITY, WHETHER FOR BREACH OF THIS AGREEMENT, INCLUDING BREACH OF WARRANTY, OR IN TORT OR OTHERWISE, EVEN IF DocGraph HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY EVEN IF ANY REMEDY PROVIDED HEREIN FAILS OF ITS ESSENTIAL PURPOSE.

3. No Continuing Obligation of DocGraph

DocGraph is not obligated by this License to continue making the Data Set available online for any period of time whatsoever, or to provide any technical support of any kind relating to use of the Data Set.
G. SUBSEQUENT CHANGES; USER FEEDBACK

 

1. New Functions or Features.  From time to time, DocGraph may, but shall have no obligation to, add new functions or features to the Data Set or make new information services available to User.

2. Changes in Terms and Conditions.  From time to time, DocGraph may amend any of the existing terms and conditions of this License.  Each time that User seeks online access to the product, DocGraph may require that User assent to this License or to the then-current version of this License.   If the User does not assent to this License as it may be amended from time to time, User shall not be permitted to access any future version of the Data Set.

3. User Feedback. User agrees that DocGraph may use any feedback, ideas, critiques, recommendations or other information User provides hereunder for DocGraph’s business purpose, including for Data Set support and development, without any obligation or payment to User of any kind.
H. EFFECT AND TERM OF LICENSE

 

1. Effect of Agreement
This License constitutes the complete understanding of the parties and supersedes any prior understanding or agreement, oral or written, relating to the Data Set.  No waiver of any provision shall be valid unless in writing and signed by all parties. Nothing in this License or any other agreement between the User and DocGraph is intended to create a relationship such as a partnership, franchise, joint venture, agency, or employment relationship.

2. Term
This License is effective upon acceptance by User by clicking on the YES buttons at the end of this License.  This License will terminate in accordance with Section B.2 above or when superseded by a subsequent agreement between the parties.  Termination of this Agreement by DocGraph in accordance with its terms shall not give rise to the right for User to recover damages or to indemnification of any nature or kind, regardless of whether the User’s business depends on timely and continuous access to the Data Set.
I. CHOICE OF LAW AND SEVERABILITY

 

This License and all related disputes shall be governed by the laws of the State of Texas and controlling US law, without giving effect to any choice of law rules that may require the application of laws of another jurisdiction.  Should any provision of this License be found to be void, invalid, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

J. NON-ASSIGNABILITY AND NON-WAIVER

 

Neither this entire License, nor any portion thereof, may be assigned, sublicensed, loaned, leased, distributed or transferred by User without the prior written permission of DocGraph.  Any such assignment or transfer in violation of this Section J shall be null and void.  DocGraph may assign and/or delegate the rights and/or obligations of this Agreement, in whole or in part, in its sole discretion.  The failure of either party to enforce any provision of this License shall not be deemed a waiver of that party’s right to enforce that provision or any other provision.
K. INDEMNITY

 

User shall indemnify, hold harmless and defend DocGraph from any and all claims, liabilities, damages, expenses, costs, penalties or fines (including reasonable attorneys’ and expert fees) arising from (a) User’s or User’s staff’s use of the Data Set; or (b) User’s failure to comply with the terms of this License.