diff --git a/LICENSE.txt b/LICENSE.txt index 4a6005f5..6bb53397 100644 --- a/LICENSE.txt +++ b/LICENSE.txt @@ -1,196 +1,661 @@ -Diveplane Corporation - -Free Software License Terms - -PLEASE READ THIS LICENSE AGREEMENT (“Agreement”) CAREFULLY. This Agreement is a -legally binding agreement between you (sometimes referred to as “You” or -“Your”) and Diveplane Corporation (referred to as “Diveplane”, “Us”, “Our”, or -“We”). You and Diveplane are collectively referred to herein as the “Parties”. -By accessing and using the Diveplane Software, You agree to be bound by these -terms and conditions. - - -1. Diveplane Software - - a. Provided as Is. You acknowledge and agree that the Diveplane Reactor - Community Edition (“Diveplane Software”) is provided “as is” with no - warranty express or implied under this Agreement, and for use by You. No - other services, upgrades, or support are being provided to You, but - Diveplane may, at its sole discretion provide upgrades during the Term. - - b. Grant of License for Your Use Only. Subject to the terms and conditions - of this Agreement, Diveplane hereby grants to You a limited, non- - exclusive, non-transferable, non-sublicensable right to install, access, - and use the Diveplane Software and its output (“Diveplane Output”) for - commercial or non-commercial purposes as limited by this Agreement. - - c. Prohibitions. You may not and shall not permit anyone to (a) copy the - Diveplane Software; (b) sublicense, rent, lease, sell, loan, transfer, - distribute, translate, reverse engineer, decompile, or disassemble or - otherwise obtain or attempt to create, derive, or obtain the source or - object code of the Diveplane Software; (c) modify, add content to, - enhance, prepare derivative works from or otherwise change the Diveplane - Software; (d) bypass or breach any security device or other protection - used by the Diveplane Software; (e) damage, destroy, disable, interfere - with or otherwise impede or harm the Diveplane Software, Diveplane - systems or Diveplane’s provision of services to or from any third party, - in whole or in part; (f) access or use the Diveplane Software or other - services for purposes of competitive analysis of or creation of - competitive software to the Diveplane Software. - - d. Remote Network Interaction. Notwithstanding any other provision of this - Agreement, this agreement does not permit You to offer services that use - the Diveplane Software over a network (“Network Services”) that allows - users interacting with programs that use the Diveplane Software remotely - through a computer network. - - e. Distribution. Notwithstanding any other provision of this Agreement, - this Agreement does not permit distribution or conveying the Diveplane - Software, including embedded in other software or hardware products, to - anyone else, nor can you provide the Diveplane Software for download, or - place it on a computer or server so that it may be downloaded by another - (“Redistributed Copies”). Redistributed Copies are not licensed under - this Agreement. - - f. Suspension. Diveplane may, and You shall assist Diveplane to, suspend, - terminate or otherwise deny Your and/or any User’s, or any other - person’s access to or use of all or any part of the Diveplane Software - without incurring any resulting obligation or liability, if: (i) - required by a judicial or other governmental demand; or (ii) Diveplane - believes, in its reasonable discretion, that You or any User has failed - to comply with any material term of this Agreement; or (iii) this - Agreement expires or is terminated. Diveplane may terminate this - Agreement upon the occurrence of (i) or (ii) in this Section. - - g. Ownership. As between Diveplane and You, Diveplane owns and shall own - all right, title, and interest in and to the Diveplane Software and all - products or services developed by Diveplane in relation thereto, during - and after the Term. - - h. Your Data and Usage Data. You have sole ownership and/or rights to all - Your data supplied by You to the Diveplane Software (“Your Data”). You - acknowledge, consent and agree to Diveplane’s collection, use, - processing and storage of usage related content from the computer or - other devices used to access the Diveplane Software. This may include, - but is not necessarily limited to, version number, IP addresses and - other information like internet service, location, the type of browser - and modules that are used and/or accessed (“Usage Data”). For avoidance - of doubt, Usage Data is not Your Data. - - i. Term and Effect of Termination or Expiration. The term of this Agreement - runs from the date You first download, access, or use the Diveplane - Software and runs until December 31, 2023 (“Term”) unless earlier - terminated. You may terminate this Agreement at will. Upon any - termination of this Agreement, all rights, licenses, consents and - authorizations granted by either party to the other hereunder will - immediately terminate and You shall immediately deactivate the - applicable access credentials, including those of Users, and delete, - uninstall, and / or remove all copies of the Diveplane Software and any - derivate works. - - j. Survival. Those provisions of this Agreement that by their nature are - intended to survive termination or expiration of this Agreement shall - so survive. - - -2. Disclaimers and No Warranties - - a. General. The Diveplane Software is provided “as is” and no warranties, - express or implied, are provided for the software. You acknowledge that: - (i) the Diveplane Software may contain errors, design flaws or other - problems; (ii) access to and/or use of the Diveplane Software may result - in unexpected results, loss of Your Data, project delays or other - unpredictable damage or loss, and that You should backup all relevant - systems and maintain copies of all Your Data used in the Diveplane - Software under this Agreement; and (iii) by entering into this Agreement, - Diveplane is under no obligation to enter into any subsequent agreement - with You related to the Diveplane Software. For the avoidance of doubt, - You agree and acknowledge that loss of data and records is a risk in - connection with this Agreement and, therefore, agree to configure and - backup Your computer system environment and data to prevent the - activities contemplated hereunder from causing business interruption, - damage to systems, loss of Your Data, or other loss or damage. EXCEPT AS - SET FORTH HEREIN, YOU AGREE THAT DIVEPLANE HAS NO OBLIGATION OR LIABILITY - FOR ANY LOSS, ALTERATION, DESTRUCTION, DAMAGE, CORRUPTION OR RECOVERY OF - YOUR DATA OR SYSTEMS. You represent, warrant, and covenant to Diveplane - that You own or otherwise have and will have the necessary rights and - consents in and relating to the Your Data so that, as received by the - Diveplane Software and processed in accordance with this Agreement, they - do not and will not infringe, misappropriate or otherwise violate any - intellectual property rights, privacy or other rights of any third party - or violate any applicable law. - - b. DIVEPLANE MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, - REGARDING USE OF OR RELIANCE ON THE DIVEPLANE SOFTWARE, AND THE DIVEPLANE - SOFTWARE IS PROVIDED “AS IS.” YOU HEREBY WAIVE, RELEASE AND DISCLAIM ALL - OTHER WARRANTIES, OBLIGATIONS AND LIABILITIES OF DIVEPLANE AND ALL OTHER - REMEDIES, RIGHTS AND CLAIMS OF YOURS EXPRESS OR IMPLIED, ARISING BY LAW - OR OTHERWISE, WITH RESPECT TO ANY DEFECT, DEFICIENCY, DATA ACCURACY, OR - NONCONFORMITY IN THE SOFTWARE OR ANYTHING ELSE FURNISHED UNDER THIS - AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY: (A) IMPLIED WARRANTY OF - MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (B) IMPLIED WARRANTY - ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE; - (C) ANY OBLIGATION, LIABILITY, RIGHT, REMEDY OR CLAIM IN TORT, - NOTWITHSTANDING ANY FAULT, NEGLIGENCE, STRICT LIABILITY OR PRODUCT - LIABILITY OF DIVEPLANE (WHETHER ACTIVE, PASSIVE OR IMPUTED); AND (D) - CLAIM OF INFRINGEMENT. DIVEPLANE DOES NOT WARRANT THAT OPERATION OF OR - USE OF THE DIVEPLANE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR - ENTIRELY SECURE. YOU WILL BEAR ALL RISK ASSOCIATED WITH ANY USE OF THE - INTERNET OR OTHER MEANS OF COMMUNICATION OR DATA TRANSMISSION BY OR ON - BEHALF OF YOU UNDER THIS AGREEMENT, AND DIVEPLANE DISCLAIMS ALL LIABILITY - AND RESPONSIBILITY IN CONNECTION WITH SUCH USE. Further, You agree to - indemnify and hold Diveplane harmless from and against any third party - damages, claims or other liabilities directly or indirectly caused or - arising out of any of the following: (i) Your use or non-use of the - Diveplane Software; (ii) any content, results or output from any - Diveplane Software; (iii) any recommendations based on the content, - results or output from any Diveplane Software; (iv) Your failure to - identify and correct any inaccuracies and/or errors in the content, - results or output of any Diveplane Software; and/or (v) unauthorized or - illegal use of Your Data in the Diveplane Software. - - c. IN NO EVENT SHALL DIVEPLANE BE LIABLE FOR ANY INDIRECT, SPECIAL, - INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF USE OR DATA, - INTERRUPTION OF BUSINESS, OR ANY OTHER DAMAGES, WHETHER SUCH ALLEGED - DAMAGES ARE LABELED IN TORT, CONTRACT OR INDEMNITY, INCLUDING, BUT NOT - LIMITED TO, LOSS OF REVENUE AND LOSS OF PROFITS, EVEN IF ADVISED OF THE - POSSIBILITY OF SUCH DAMAGES. - - -3. Other Provisions - - a. Publicity. If You use the Diveplane Software or its output (“Diveplane - Software Output”) commercially or in or as a basis of a publication (such - as a book, paper, blog post, direct publishing of the Diveplane Software - Output, etc.) in any medium, You shall and agree to conspicuously publish - an appropriate notice that indicates Your use of the Diveplane Software - and / or the Diveplane Software Output. - - b. Independent Parties. The parties agree that this Agreement governs the - relationship between Diveplane and You for the license of Reactor - Community Edition. Nothing contained in this Agreement shall be construed - as creating a joint venture, partnership, agent, or employment - relationship between Diveplane and You or any User. - - c. Severability. If any term or provision of this Agreement should be - declared invalid by a court of competent jurisdiction or by operation of - law, the remaining terms and provisions of this Agreement shall be - unimpaired, and the invalid term or provision shall be replaced by such - valid term or provision as comes closest to its underlying intention. - - d. No Assignment. You cannot assign, delegate, or otherwise transfer in any - way either this Agreement or any of your rights, duties or - obligations hereunder. - - e. Applicable Law. This Agreement will be interpreted, construed, and - enforced in all respects in accordance with the laws of the State of - Delaware, including its statutes of limitation, but without reference to - its choice of law principles. Each party hereby consents to the - jurisdiction and venue of the state and federal courts located in North - Carolina, with regard to any suit or claim arising under or by reason of - this Agreement. - - f. Compliance with Laws. 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"Knowingly relying" means you have +actual knowledge that, but for the patent license, your conveying the +covered work in a country, or your recipient's use of the covered work +in a country, would infringe one or more identifiable patents in that +country that you have reason to believe are valid. + +If, pursuant to or in connection with a single transaction or +arrangement, you convey, or propagate by procuring conveyance of, a +covered work, and grant a patent license to some of the parties +receiving the covered work authorizing them to use, propagate, modify +or convey a specific copy of the covered work, then the patent license +you grant is automatically extended to all recipients of the covered +work and works based on it. + +A patent license is "discriminatory" if it does not include within +the scope of its coverage, prohibits the exercise of, or is +conditioned on the non-exercise of one or more of the rights that are +specifically granted under this License. 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No Surrender of Others' Freedom. + +If conditions are imposed on you (whether by court order, agreement or +otherwise) that contradict the conditions of this License, they do not +excuse you from the conditions of this License. If you cannot convey a +covered work so as to satisfy simultaneously your obligations under this +License and any other pertinent obligations, then as a consequence you may +not convey it at all. For example, if you agree to terms that obligate you +to collect a royalty for further conveying from those to whom you convey +the Program, the only way you could satisfy both those terms and this +License would be to refrain entirely from conveying the Program. + +13. Remote Network Interaction; Use with the GNU General Public License. + +Notwithstanding any other provision of this License, if you modify the +Program, your modified version must prominently offer all users +interacting with it remotely through a computer network (if your version +supports such interaction) an opportunity to receive the Corresponding +Source of your version by providing access to the Corresponding Source +from a network server at no charge, through some standard or customary +means of facilitating copying of software. This Corresponding Source +shall include the Corresponding Source for any work covered by version 3 +of the GNU General Public License that is incorporated pursuant to the +following paragraph. + +Notwithstanding any other provision of this License, you have +permission to link or combine any covered work with a work licensed +under version 3 of the GNU General Public License into a single +combined work, and to convey the resulting work. The terms of this +License will continue to apply to the part which is the covered work, +but the work with which it is combined will remain governed by version +3 of the GNU General Public License. + +14. Revised Versions of this License. + +The Free Software Foundation may publish revised and/or new versions of +the GNU Affero General Public License from time to time. Such new versions +will be similar in spirit to the present version, but may differ in detail to +address new problems or concerns. + +Each version is given a distinguishing version number. If the +Program specifies that a certain numbered version of the GNU Affero General +Public License "or any later version" applies to it, you have the +option of following the terms and conditions either of that numbered +version or of any later version published by the Free Software +Foundation. If the Program does not specify a version number of the +GNU Affero General Public License, you may choose any version ever published +by the Free Software Foundation. + +If the Program specifies that a proxy can decide which future +versions of the GNU Affero General Public License can be used, that proxy's +public statement of acceptance of a version permanently authorizes you +to choose that version for the Program. + +Later license versions may give you additional or different +permissions. However, no additional obligations are imposed on any +author or copyright holder as a result of your choosing to follow a +later version. + +15. Disclaimer of Warranty. + +THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY +APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT +HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY +OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, +THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR +PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM +IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF +ALL NECESSARY SERVICING, REPAIR OR CORRECTION. + +16. 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Interpretation of Sections 15 and 16. + +If the disclaimer of warranty and limitation of liability provided +above cannot be given local legal effect according to their terms, +reviewing courts shall apply local law that most closely approximates +an absolute waiver of all civil liability in connection with the +Program, unless a warranty or assumption of liability accompanies a +copy of the Program in return for a fee. + + END OF TERMS AND CONDITIONS + +How to Apply These Terms to Your New Programs + +If you develop a new program, and you want it to be of the greatest +possible use to the public, the best way to achieve this is to make it +free software which everyone can redistribute and change under these terms. + +To do so, attach the following notices to the program. It is safest +to attach them to the start of each source file to most effectively +state the exclusion of warranty; and each file should have at least +the "copyright" line and a pointer to where the full notice is found. + + +Copyright (C) + +This program is free software: you can redistribute it and/or modify +it under the terms of the GNU Affero General Public License as published +by the Free Software Foundation, either version 3 of the License, or +(at your option) any later version. + +This program is distributed in the hope that it will be useful, +but WITHOUT ANY WARRANTY; without even the implied warranty of +MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the +GNU Affero General Public License for more details. + +You should have received a copy of the GNU Affero General Public License +along with this program. If not, see . + +Also add information on how to contact you by electronic and paper mail. + +If your software can interact with users remotely through a computer +network, you should also make sure that it provides a way for users to +get its source. For example, if your program is a web application, its +interface could display a "Source" link that leads users to an archive +of the code. There are many ways you could offer source, and different +solutions will be better for different programs; see section 13 for the +specific requirements. + +You should also get your employer (if you work as a programmer) or school, +if any, to sign a "copyright disclaimer" for the program, if necessary. +For more information on this, and how to apply and follow the GNU AGPL, see +. diff --git a/pyproject.toml b/pyproject.toml index 7139a75d..0ff836ee 100644 --- a/pyproject.toml +++ b/pyproject.toml @@ -18,7 +18,7 @@ classifiers = [ "Development Status :: 3 - Alpha", "Intended Audience :: Science/Research", "Topic :: Scientific/Engineering :: Artificial Intelligence", - "License :: Other/Proprietary License", + "License :: OSI Approved :: GNU Affero General Public License v3", "Programming Language :: Python :: 3", "Programming Language :: Python :: 3.8", "Programming Language :: Python :: 3.9",