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238 changes: 0 additions & 238 deletions LICENSE.md
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TOZNY NON-COMMERCIAL LICENSE


THIS TOZNY NON-COMMERCIAL LICENSE PERMITS USE OF THE SOFTWARE ONLY BY
GOVERNMENT AGENCIES, SCHOOLS, UNIVERSITIES, NON-PROFIT ORGANIZATIONS
OR INDIVIDUALS ON PROJECTS THAT DO NOT RECEIVE EXTERNAL FUNDING OTHER
THAN GOVERNMENT RESEARCH GRANTS AND CONTRACTS. FOR THE SPECIFIC
LIMITATIONS, SEE SECTION 1.12. ANY OTHER USE REQUIRES A COMMERCIAL
LICENSE. PLEASE CONTACT US FOR DETAILS AT
_[email protected]_.

1. DEFINITIONS

1.1. "Community" means the Initial Developer and each and every
one of You.

1.2. "Contributor" means each individual or legal entity that
creates or contributes to the creation of Modifications.

1.3. "Distribute" means to transfer, publish, or otherwise provide
or make available a copy of software to any third party.

1.4. "Distributor" means each individual or legal entity
exercising a right to Distribute Licensed Software under this
License.

1.5. "Distributor Code" means, collectively, (a) the Original
Source Code and (b) the Licensed Software that is Distributed by a
particular Distributor.

1.6. "Distributor IP" means all patent claims, copyright, and
trade secrets owned or licensable by a Distributor that are
embodied in or necessarily practiced by the Distributor Code of
that particular Distributor.

1.7. "Electronic Distribution Mechanism" means a mechanism
generally accepted in the software development community for the
electronic transfer of data.

1.8. "Executable" means software in any form other than Source
Code.

1.9. "Initial Developer" means TOZNY LLC ("TOZNY"), an Oregon
limited liability company with offices in Portland, Oregon.

1.10. "Initial Developer IP" means all patent claims, copyright,
and trade secrets owned or licensable by the Initial Developer
which are embodied in or necessarily practiced by the unmodified
Original Source Code.

1.11. "License" means this TOZNY NON-COMMERCIAL LICENSE.

1.12. "Licensed Purpose" means the exercise of rights under this
License: (a) by an official governmental agency, strictly for
non-commercial, public benefit purposes; or (b) by a school,
university, non-profit organization, or individual solely for
non-commercial teaching or research purposes in exchange for which
no financially valuable consideration (including but not limited
to sales or license revenue, service revenue, and advertising
revenue, and further including but not limited to monetary,
equity, and in-kind forms of consideration) is received, except
for tuition, or research funding received from an official
government agency sponsor.

1.13. "Licensed Software" means any copy of the Original Source
Code, the Modifications, and/or Executable versions thereof, as to
which You are exercising any rights under this License.

1.14. "Modifications" means any derivative work of either the
Original Source Code or of existing Modifications, including
header files or calls to Licensed Software library functions or
Executable programs in an application program shall not in and of
itself cause that application program to be deemed a Modification,
provided that the Licensed Software so included shall in any case
remain subject to the terms of this License.

1.15. "Original Source Code" means the Source Code for the
_E3DB JS SDK_ as made available for
download by TOZNY from [https://github.com/tozny/e3db-js/](https://github.com/tozny/e3db-js/).

1.16. "Source Code" means the preferred form of software for
making modifications to it, including all modules it contains,
plus any associated interface definition files, scripts used to
control compilation and installation of an Executable, or a list
of source code differential comparisons against either the
Original Source Code or another well known, available Modification
of the Contributor's choice. The Source Code can be in a
compressed or archival form, provided the appropriate
decompression or de-archiving software is widely available for no
charge.

1.17. "You" means an individual or a legal entity exercising
rights under this License. For legal entities, "You" includes any
entity that 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. SOFTWARE LICENSE GRANTS

2.1. The Initial Developer Grant. The Initial Developer hereby
grants You a worldwide, royalty-free, non-exclusive, solely for
the Licensed Purpose and subject to the terms and conditions of
this License (including without limitation the Contributor and
Distributor grants set forth in Section 2 and the Distribution
Obligations set forth in Section 3), as follows:

(a) A license under the Initial Developer IP to modify, copy, use,
and Distribute the Original Source Code and Modifications. (b) A
license to copy, use and Distribute Executable versions of the
Original Source Code and Modifications.

2.2. Distributor Grant. If You are a Distributor, You hereby grant
TOZNY a worldwide, royalty-free, non-exclusive license under the
Distributor IP, solely for the Licensed Purpose and subject to the
terms and conditions of this License, to modify, copy, use, and
Distribute the Distributor Code and Modifications.

2.3. Sublicenses. The license rights that are granted under this
Section 2 may be sublicensed only by Distributing Licensed
Software in compliance with all applicable terms and conditions of
this License. No other sublicensing of intellectual property
rights granted under this License is permitted.

2.4. No Other Rights. Except as expressly set forth in this
section 2, no other license rights are implied or otherwise
granted under this License.

3. DISTRIBUTION OBLIGATIONS

The right to Distribute Licensed Software set forth above, whether to
a government sponsor or to any other recipient, is subject to the
following obligations:

3.1. Notice of License to Recipients. Any publication or other
Distribution of Licensed Software must be made expressly subject
to this License. You must include a prominent copy of the notice
set forth in Exhibit A with all Licensed Software that you
Distribute: (a) in all notices or documentation in which You
describe the origin or ownership of the software or the
recipient's rights thereto, and (b) in each Source Code file. You
hereby agree to indemnify the Initial Developer and every
Contributor to the Licensed Software for any and all liability or
damages they may incur if caused by Your violation of this
Section. Except as expressly authorized by this License, no right
is granted to use the name of Tozny in any advertising, news
release, other publication, or product documentation, without the
prior express written consent of Tozny.

3.2. Required Availability of Source Code. If You Distribute
Licensed Software for which you are a Contributor, You must make
the Source Code for all Modifications to which you contribute
publicly available to TOZNY or the Community, under the terms of
this License and at no additional restriction or cost, via an
accepted Electronic Distribution Mechanism for a period of at
least twelve (12) months following the date You first Distribute
the Licensed Software. You must also include with the Source Code
a file documenting any changes You made to create each
Modification, and the dates of such changes.

3.3. Licensee Registration. Before You Distribute any Licensed
Software under this License, You must first register by sending
email to the Initial Developer addressed to _[email protected]_,
including a statement confirming that you accept the terms and
conditions of this License and describing the specific Electronic
Distribution Mechanism you are using (e.g., identify the URL) to
make Source Code available under Section 3.2 where applicable.

4. DISCLAIMER OF WARRANTY

LICENSED SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES
THAT THE LICENSED SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A
PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE
QUALITY AND PERFORMANCE OF THE LICENSED SOFTWARE IS WITH YOU. SHOULD
ANY LICENSED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE
INITIAL DEVELOPER OR ANY CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY
SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY
CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY LICENSED
SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

5. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE INITIAL
DEVELOPER, ANY CONTRIBUTOR, OR ANY DISTRIBUTOR OF LICENSED SOFTWARE,
OR ANY SUPPLIER OF ANY OF SUCH PARTIES, 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, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND
ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE
BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THAT EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.

6. RESPONSIBILITY FOR CLAIMS.

You are responsible for damages arising, directly or indirectly, out
of Your exercise of rights under this License, based on the number of
copies of Licensed Software 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.

7. U.S. GOVERNMENT END USERS.

The Licensed Software is a "commercial item," as that term is defined
in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer
software" and "commercial computer software documentation," as such
terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48
C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995),
all U.S. Government End Users acquire Licensed Software with only
those rights set forth herein.

8. 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
Oregon law provisions (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 any litigation relating to this Agreement shall be subject to
personal jurisdiction and venue in the Federal Courts of the District
of Oregon, and in the Oregon state courts of Portland, OR, with the
losing party responsible for costs, including without limitation,
court costs and reasonable attorneys fees and expenses. The
application of the United Nations Convention on Contracts for the
International Sale of Goods is expressly excluded. Any law or
regulation which provides that the language of a contract shall be
construed against the drafter shall not apply to this License.

EXHIBIT A

Tozny dual licenses this product. For commercial use, please contact
[email protected]. For non-commercial use, the contents of this file are
subject to the TOZNY NON-COMMERCIAL LICENSE (the "License") which
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3 changes: 0 additions & 3 deletions README.md
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Expand Up @@ -153,9 +153,6 @@ General E3DB documentation is [on our web site](https://tozny.com/documentation/

Bug reports and pull requests are welcome on GitHub at https://github.com/tozny/e3db-js.

## License

Tozny dual licenses this product. For commercial use, please contact [[email protected]](mailto:[email protected]). For non-commercial use, the contents of this file are subject to the TOZNY NON-COMMERCIAL LICENSE (the "License") which permits use of the software only by government agencies, schools, universities, non-profit organizations or individuals on projects that do not receive external funding other than government research grants and contracts. Any other use requires a commercial license. You may not use this file except in compliance with the License. You may obtain a copy of the License at https://tozny.com/legal/non-commercial-license. Software distributed under the License is distributed on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for the specific language governing rights and limitations under the License. Portions of the software are Copyright (c) TOZNY LLC, 2017. All rights reserved.

[npm-image]: https://badge.fury.io/js/e3db.svg
[npm-url]: https://npmjs.org/package/e3db
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