an MPL 2.0-based license
1.1. "Adequately Encrypted" means encrypted using encryption standards generally accepted for encrypting sensitive (personal) information, whereby the decryption keys may only be available to Subject.
1.2. "Aggregate Information" means all information that is generated by combining Personal Information about a group of individuals, that does no longer directly contain such Personal Information, and which was created for another purpose than extracting Personal information from that information.
1.3. "Contributor" means each individual or legal entity that creates, contributes to the creation of, or owns Covered Software.
1.4. "Contributor Version" means the combination of the Contributions of others (if any) used by a Contributor and that particular Contributor's Contribution.
1.5. "Contribution" means Covered Software of a particular Contributor.
1.6. "Covered Software" means Source Code Form to which the initial Contributor has attached the notice in Exhibit A, the Executable Form of such Source Code Form, and Modifications of such Source Code Form, in each case including portions thereof.
1.7. "Incompatible With Secondary Licenses" means
(a) that the initial Contributor has attached the notice described in Exhibit B to the Covered Software; or
(b) that the Covered Software was made available under the terms of version 1.1 or earlier of the License, but not also under the terms of a Secondary License.
1.8. "Executable Form" means any form of the work other than Source Code Form.
1.9. "Inferences" means information resulting from combining Aggregate Information with other information
1.10. "Larger Work" means a work that combines Covered Software with other material, in a separate file or files, that is not Covered Software.
1.11. "License" means this document.
1.12. "Licensable" means having the right to grant, to the maximum extent possible, whether at the time of the initial grant or subsequently, any and all of the rights conveyed by this License.
1.13. "Modifications" means any of the following:
(a) any file in Source Code Form that results from an addition to, deletion from, or modification of the contents of Covered Software; or
(b) any new file in Source Code Form that contains any Covered Software.
1.14. "Patent Claims" of a Contributor means any patent claim(s), including without limitation, method, process, and apparatus claims, in any patent Licensable by such Contributor that would be infringed, but for the grant of the License, by the making, using, selling, offering for sale, having made, import, or transfer of either its Contributions or its Contributor Version.
1.15. "Personal Information" Means all information related to or generated by a Subject, generated by the interaction between a Subject and a computer system by means of input devices and/or sensors, or generated by Processing Personal Information, excluding any Aggregate Information.
1.16. "Process / Processing" means any action, whether performed by a human or by a computing device involving Personal Information. Such actions include, but are not limited to, storing, retrieving, viewing, displaying, copying, removing, editing, displaying, and showing.
1.17. "Secondary License" means either the GNU General Public License, Version 2.0, the GNU Lesser General Public License, Version 2.1, the GNU Affero General Public License, Version 3.0, or any later versions of those licenses.
1.18. "Source Code Form" means the form of the work preferred for making modifications.
1.19. "Static Data Set" means a fixed amount of data that is provided at one, immediate point in time.
1.20. "Subject" means the person that is a user of Your Covered Software.
1.21. "Unencrypted" means not Adequately Encrypted.
1.22. "You" (or "Your") 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 more than fifty percent (50%) of the outstanding shares or beneficial ownership of such entity.
Provided that You comply with all the terms of this License, each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license:
(a) under intellectual property rights (other than patent or trademark) Licensable by such Contributor to use, reproduce, make available, modify, display, perform, distribute, and otherwise exploit its Contributions, either on an unmodified basis, with Modifications, or as part of a Larger Work; and
(b) under Patent Claims of such Contributor to make, use, sell, offer for sale, have made, import, and otherwise transfer either its Contributions or its Contributor Version.
The licenses granted in Section 2.1 with respect to any Contribution become effective for each Contribution on the date the Contributor first distributes such Contribution.
The licenses granted in this Section 2 are the only rights granted under this License. No additional rights or licenses will be implied from the distribution or licensing of Covered Software under this License. Notwithstanding Section 2.1(b) above, no patent license is granted by a Contributor:
(a) for any code that a Contributor has removed from Covered Software; or
(b) for infringements caused by: (i) Your and any other third party's modifications of Covered Software, or (ii) the combination of its Contributions with other software (except as part of its Contributor Version); or
(c) under Patent Claims infringed by Covered Software in the absence of its Contributions.
This License does not grant any rights in the trademarks, service marks, or logos of any Contributor (except as may be necessary to comply with the notice requirements in Section 3.4).
No Contributor makes additional grants as a result of Your choice to distribute the Covered Software under a subsequent version of this License (see Section 11.2) or under the terms of a Secondary License (if permitted under the terms of Section 3.3).
Each Contributor represents that the Contributor believes its Contributions are its original creation(s) or it has sufficient rights to grant the rights to its Contributions conveyed by this License.
This License is not intended to limit any rights You have under applicable copyright doctrines of fair use, fair dealing, or other equivalents.
Sections 3.1, 3.2, 3.3, 3.4, and 4 are conditions of the licenses
granted in Section 2.1.
All distribution of Covered Software in Source Code Form, including any Modifications that You create or to which You contribute, must be under the terms of this License. You must inform recipients that the Source Code Form of the Covered Software is governed by the terms of this License, and how they can obtain a copy of this License. You may not attempt to alter or restrict the recipients' rights in the Source Code Form.
If You distribute Covered Software in Executable Form then:
(a) such Covered Software must also be made available in Source Code Form, as described in Section 3.1, and You must inform recipients of the Executable Form how they can obtain a copy of such Source Code Form by reasonable means in a timely manner, at a charge no more than the cost of distribution to the recipient; and
(b) You may distribute such Executable Form under the terms of this License, or sublicense it under different terms, provided that the license for the Executable Form does not attempt to limit or alter the recipients' rights in the Source Code Form under this License.
You may create and distribute a Larger Work under terms of Your choice, provided that You also comply with the requirements of this License for the Covered Software. If the Larger Work is a combination of Covered Software with a work governed by one or more Secondary Licenses, and the Covered Software is not Incompatible With Secondary Licenses, this License permits You to additionally distribute such Covered Software under the terms of such Secondary License(s), so that the recipient of the Larger Work may, at their option, further distribute the Covered Software under the terms of either this License or such Secondary License(s).
You may not remove or alter the substance of any license notices (including copyright notices, patent notices, disclaimers of warranty, or limitations of liability) contained within the Source Code Form of the Covered Software, except that You may alter any license notices to the extent required to remedy known factual inaccuracies.
You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Covered Software. However, You may do so only on Your own behalf, and not on behalf of any Contributor. You must make it absolutely clear that any such warranty, support, indemnity, or liability obligation is offered by You alone, and You hereby agree to indemnify every Contributor for any liability incurred by such Contributor as a result of warranty, support, indemnity or liability terms You offer. You may include additional disclaimers of warranty and limitations of liability specific to any jurisdiction.
Personal Information is not subject to ownership, by either You or the Subject. Instead, privacy is a fundamental human right. Determining if and how Personal Information is Processed is an essential part of privacy. This clause aims to guarantee that You respect this fundamental human right.
You must ensure that Personal Information is Adequately Encrypted wherever possible.
This clause 4 does not apply if and in so far as You are the Subject.
You may Process Personal Information by means of Covered Software, or by means of a Larger Work, without obtaining the prior authorization of clause 4.3, only if and in so far as necessary for providing Your service to the Subject, and provided that this Personal Information is Adequately Encrypted. In all other cases, the terms of clause 4.3 apply.
You may not Process Unencrypted Personal Information by means of Covered Software or by means of a Larger Work, unless You obtain prior authorization from the Subject. You will ensure that such authorization is always:
(a) For a specific period of time;
(b) For a specific, pre-determined, communicated and unchangeable purpose;
(c) Based on clear and understandable information about the specific period of time and the specific purpose;
(d) Based on a separate agreement, and not concealed in general terms and conditions or click through agreements;
(e) Accompanied by an offer to fairly compensate the Subject for the value derived from Processing Personal Information that is not Adequately Encrypted, which value must be validated in hindsight;
The specific period of time listed under clause 4.3 (a) may be an unlimited period of time only if and in so far as the Personal Information is a Static Data Set. If the Personal Information is not a Static Data Set, the specific period of time may not be longer than two years, which term may be extended for another period of two years. Such extension may not occur automatically, and requires renewed authorization in accordance with this clause 4.3.
The terms of this clause 4.3 apply to Processing Adequately Encrypted Personal Information for other purposes than the purposes described in clause 4.2 as well.
If You want to provide access to Personal Information to a third party, then You must ensure that the Subject is a party to the transaction (whether that transaction is for a fee, or not) with regard to their Personal Information, so that the Subject can authorize that access.
The criteria for authorization listed in clause 4.3 apply in full.
In addition, you must ensure that the third party complies with the obligations of clause 4.3 and 4.4, even if the third party does not use Covered Software or a Larger Work to Process the acquired Personal Information.
This Clause does not apply if and in so far as the Subject initiates the process of providing access to such third party, for instance by sending a limited Static Data Set to a recipient of their choice.
If a Subject does not extend the authorization previously given, You will delete all their Personal Information and after deletion You must send proof of deletion to the Subject and subsequently delete such proof.
You must ensure that a Subject has full control over their Personal Information. This includes allowing the Subject to download all their Personal Information in a format regularly used for such Personal Information. The Subject is at all times responsible for safekeeping of the encryption keys.
If you want to Process Personal Information to generate Aggregate Information, the terms of clause 4.3 apply. In addition:
You may only Process Personal Information to generate Aggregate Information if and in so far as it’s reasonable to assume that the chance of extracting Personal Information from the Aggregate
Information is negligible.
Creating Aggregate Information may not serve the purpose of obtaining more Personal Information about a Subject or extracting Personal Information from such Aggregate Information. Furthermore, You must do everything in Your power to prevent anyone, including Yourself, from trying to extract Personal Information about a Subject from Your Aggregate Information or Your Inferences.
If you want to provide access to or sell Aggregate Information to a third party, You must ensure that the terms of clause 4.7 (b) and (c) apply in all material respects to such third party, even if the third party does not use Covered Software or a Larger Work to Process the
Aggregate Information Provided You comply with the terms of this clause 4.7, you may use Aggregate Information to generate Inferences.
You may not Process Personal Information by means of Covered Software or by means of a Larger Work, if the purpose of such Processing is:
(a) Surveillance;
(b) Tracking;
(c) Influencing or recording political views;
(d) identifying, or obtaining information about, other persons than the Subject.
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 Software due to statute, judicial order, or regulation then You must: (a) comply with the terms of this License to the maximum extent possible; and
(b) describe the limitations and the code they affect. Such description must be placed in a text file included with all distributions of the Covered Software under this License. Except to the extent prohibited by statute or regulation, such description must be sufficiently detailed for a recipient of ordinary skill to be able to understand it.
6.1. The rights granted under this License will terminate automatically if You fail to comply with any of its terms. However, if You become compliant, then the rights granted under this License from a particular Contributor are reinstated (a) provisionally, unless and until such Contributor explicitly and finally terminates Your grants, and (b) on an ongoing basis, if such Contributor fails to notify You of the non-compliance by some reasonable means prior to 60 days after You have come back into compliance. Moreover, Your grants from a particular Contributor are reinstated on an ongoing basis if such Contributor notifies You of the non-compliance by some reasonable means, this is the first time You have received notice of non-compliance with this License from such Contributor, and You become compliant prior to 30 days after
Your receipt of the notice.
6.2. If You initiate litigation against any entity by asserting a patent infringement claim (excluding declaratory judgment actions, counter-claims, and cross-claims) alleging that a Contributor Version directly or indirectly infringes any patent, then the rights granted to You by any and all Contributors for the Covered Software under Section 2.1 of this License shall terminate.
6.3. In the event of termination under Sections 5.1 or 5.2 above, all end user license agreements (excluding distributors and resellers) which have been validly granted by You or Your distributors under this License prior to termination shall survive termination.
Covered Software is provided under this License on an "as is" basis, without warranty of any kind, either expressed, implied, or statutory, including, without limitation, warranties that the Covered 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 Covered Software is with You. Should any Covered Software prove defective in any respect, You (not 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 Covered Software is authorized under this License except under this disclaimer.
Under no circumstances and under no legal theory, whether tort (including negligence), contract, or otherwise, shall any Contributor, or anyone who distributes Covered Software as permitted above, be liable to You for any direct, indirect, special, incidental, or consequential damages of any character including, without limitation, damages for lost profits, 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 this exclusion and limitation may not apply to You.
Any litigation relating to this License may be brought only in the courts of a jurisdiction where the defendant maintains its principal place of business and such litigation shall be governed by laws of that jurisdiction, without reference to its conflict-of-law provisions.
Nothing in this Section shall prevent a party's ability to bring cross-claims or counter-claims.
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. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not be used to construe this License against a Contributor.
Memri Federation is the license steward. Except as provided in Section 10.3, no one other than the license steward has the right to modify or publish new versions of this License. Each version will be given a distinguishing version number.
You may distribute the Covered Software under the terms of the version of the License under which You originally received the Covered Software, or under the terms of any subsequent version published by the license steward.
If you create software not governed by this License, and you want to create a new license for such software, you may create and use a modified version of this License if you rename the license and remove any references to the name of the license steward (except to note that such modified license differs from this License).
If You choose to distribute Source Code Form that is Incompatible With Secondary Licenses under the terms of this version of the License, the notice described in Exhibit B of this License must be attached.
This Source Code Form is subject to the terms of the Memri Privacy Preserving License, v. 1.0. If a copy of the Memri Privacy Preserving License was not distributed with this file, You can obtain one at https://memri.io/license.html.
If it is not possible or desirable to put the notice in a particular file, then You may include the notice in a location (such as a LICENSE file in a relevant directory) where a recipient would be likely to look for such a notice.
You may add additional accurate notices of copyright ownership.
This Source Code Form is "Incompatible With Secondary Licenses", as defined by the Memri Privacy Preserving License, v. 0.6.
