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POST-OPEN ZERO-COST LICENSE 0.07, August 1, 2024.

<Some of the documents and URLs referred to herein are not yet written. Contact [email protected] to discuss this document.>

1. PRELUDE

1.1 HOW TO USE THIS TEXT ON YOUR OWN WORK.

If you wish to apply these terms to your own work, even by reference, YOU must first enter into the POST-OPEN OPERATING AGREEMENT, or the POST-OPEN PAID LICENSE, which give permission to use this copyrighted text.

1.2 COPYRIGHT OF THIS TEXT

Copyright (C) 2024 POST-OPEN ADMINISTRATION. All rights reserved. These sections do not originate with us and we do not claim copyright upon them: * The section on ARBITRATION originates with the American Arbitration Association. * The definition of COMPILATION (MEANING 2) comes from Title 17 of the United States Code, Section 101. * The section on FORCE MAJEURE comes from a list of examples at https://afterpattern.com/clauses/force-majeure , but we don't have any other information regarding its origin.

1.3 TEXTUAL STYLE, ADVISORY SECTIONS AND WORKING NOTES

Text contained within square brackets ("[" and "]") is advisory in nature and not part of these terms. These terms will not be invalidated or otherwise impaired if advisory sections are incorrect or become out-of-date. [This is an example of an advisory section.] Text contained within angle brackets ("<" and ">") is a working note, and is not intended to be present within a FINAL version of these terms. Working notes are of relevance to the terms authors only, and will have no effect. <This is an example of a working note.>

1.5 THE CONTACT.txt FILE

The identity of the LICENSORS and the means of contacting them should appear in the file "CONTACT.txt" where the SOURCE CODE is stored. This file may also contain caveats regarding the work, declarations of PUBLIC INTERFACES, statements regarding the source and status of some portions of the work (for example that the developer disclaims copyright to that portion), and other information that may effect your rights.

1.6 DRAFT NATURE OF THIS DOCUMENT

This is a DRAFT version of the POST-OPEN ZERO-COST LICENSE. [If you don't like these terms, contact the LICENSORS for a different license.] WARNING: These terms are not the product of an attorney, and that's a particularly bad practice - the way a judge would enforce (or decline to enforce) these terms is unpredictable, and they may let down the developer who attempts to enforce them in court. Apply these terms to your work at your own risk. [We intend to release a version that is the product of a competent attorney.]

1.7 POST-OPEN ISN’T OPEN SOURCE The POST-OPEN ZERO-COST LICENSE does not comply with the Open Source Definition, thus Post-Open is not Open Source.

Post-Open is a successor paradigm informed by the history of Open Source and created by the author of the Open Source Definition.

2. DEFINITIONS


This section contains definitions of terms in this document.
References to defined terms are rendered in all-capital lettering, for example: “TERMINATION”. When a defined term appears in lower-case, it refers to the general usage of that word rather than the defined form, for example “WORK” refers specifically to the work placed under these terms by the LICENSORS, and a “work” may be the WORK or another one. Section headings are also rendered all-capitals, and some words in these terms appear as all-capital simply as part of common parlance, for example “A” and “HTTP”.
For terms that are not defined in this section, there is an authorative external legal dictionary. See the definition of US-ENGLISH.

2.1 The POST-OPEN ADMINISTRATION is the entity which, through the POST-OPEN OPERATING AGREEMENT with all of the LICENSORS of works in the POST-OPEN COLLECTION, may represent itself and any of those LICENSORS in any controversy or claim arising out of or related to these terms and its other agreements and processes. As part of its normal operations, the POST-OPEN ADMINISTRATION may join with YOU into a POST-OPEN PERMISSION on behalf of itself and all LICENSEES of works in the POST-OPEN COLLECTION. The POST-OPEN ADMINISTRATION may bring suit or enforce other law on behalf of the all LICENSORS of works in the POST-OPEN COLLECTION.

2.2 The POST-OPEN ZERO-COST CONTRACT is these same terms, with the addition of clear and recorded consent by YOU. [To enter into it, see https://postopen.org/zero-contract/ ]

2.3 The POST-OPEN PAID CONTRACT is a separate agreement which grants additional rights not provided by these terms. [To enter into it, see https://postopen.org/paid-contract/ ]

2.4 The POST-OPEN REMEDIATION PROCESS is the process by which an infringing entity cures an infringement and comes back into compliance without litigation. Uncooperative infringers are, of course, subject to litigation, blocking of imports, simple and punitive damages, and other prosecution. [To participate in the POST-OPEN REMEDIATION PROCESS, see https::/postopen.org/remediation/ ]

2.5 YOU are:

  1. The entity exercising RESTRICTED RIGHTS under these terms.
  2. An entity with power of attorney or legal responsibility for the entity of subsection a, when the entity of subsection a does not have contractual capacity or when their civil rights have been abridged. [Contractual capacity is the legal ability to enter into a binding contract. The entity of subsection a might be a legal minor, a mentally ill or mentally disabled person, or an incarcerated person. The entity of subsection b might be a parent or guardian, a family member or other person who the party of subsection a has granted a written power of attorney, a court-ordered conservator, a lawyer, or a correctional official.]
  3. Any other entity, when the entity of subsection a or b exercises RESTRICTED RIGHTS on their behalf, directly or through other entities.
  4. Any other entity in which the entity of subsection a, b, or c exercises significant control or ownership, directly or through other entities, and receives benefit from those entities exercise of RESTRICTED RIGHTS.
  5. Any other entity which exercises significant control or ownership of the entity of subsection a, b or c directly or through other entities, and receives benefit from those entities exercise of RESTRICTED RIGHTS. This includes (but is not limited to) the national branch of a local entity. [This is meant to pierce the corporate veil, where allowable, and to properly classify that many small local entities of a deep-pockets worldwide organization belong under the POST-OPEN PAID LICENSE as an aggregate.]
    Where the above definition contains multiple legal entities, all are subject to these terms, including the sections regarding TERMINATION. This is to avoid the situation in which a company or companies create a legal entity specifically for the purpose of entering into these terms while insulating other parts of the company, or some asset, from their effect. [One example is an entity that we believe Qualcom created to make contributions to Open Source without exposing their patents to terms in the GPL and other Open Source licenses.]
    YOUR is the possessive or adjective form of YOU. YOURS is the second-person possessive pronoun form of YOU.

2.6 A MACHINE LEARNING MODEL is a computational program or device that makes use of data to influence its future logical operations, with or without inclusion of that data textually or in any recognizable form. Other names for MACHINE LEARNING MODEL are artificial intelligence (abbreviated AI), and large language model.

2.7 To TRAIN is to input data for the purpose of producing or improving a MACHINE LEARNING MODEL. TRAINED is the past tense of TRAIN.

2.8 AGGREGATION is the storage of multiple works on a storage medium for the purpose of permitting access to the individual works for the purpose of transferring them to another medium, for example computer memory or another storage medium; or the provision of those works via a method of access, for example a web site, for the purpose of transferring the individual works to another medium. Provision of a COMPILATION (MEANING 2) including the WORK for REMUNERATION is not AGGREGATION.

2.9 The WORK is the computer program, data, or other information to which these terms are applied by the LICENSORS, any derivative of the WORK under copyright or moral rights law, any MODIFICATION of the WORK, any transformation of the WORK (for example COMPILATION (MEANING 1), text processing, non-literal copying), any work which has the intended use of producing a MODIFICATION (for example a text produced as input to the “patch” program), any work combining or incorporating the WORK other than through its PUBLIC INTERFACES, any work which creates a new PUBLIC INTERFACE for the work, including through its PUBLIC INTERFACES (for example, adding a graphical user interface means of using the WORK when the work is a command-line program, or adding a web service interface to the work, when the work is a command-line program); or a MACHINE LEARNING MODEL TRAINED with the SOURCE CODE or any transformation of the WORK are all considered to be the WORK. For example: a compiled program; a modified program; a program, system or device containing the WORK; a program produced by connecting another program and the WORK together except through a PUBLIC INTERFACE; a version of the WORK translated to a different computer language; a version of the texts of the WORK translated to another human language;

2.10 COMPILATION has two meanings. COMPILATION (MEANING 1) is the creation of an executable form of the WORK from SOURCE CODE. COMPILATION generally involves multiple tools, for example a compiler, an assembler, and a linker. COMPILATION may include the use of conditional compilation facilities provided by the developers of the WORK, and configuration of the options of the aforementioned tools.

COMPILATION (MEANING 2) is a "work formed by the collection and assembling of preexisting materials or of data that are selected, coordinated, or arranged in such a way that the resulting work as a whole constitutes an original work of authorship." (from Title 17 of the United States Code, Section 101).

2.11 A PUBLIC INTERFACE is an interface that is part of a fundamental purpose of the work to provide services to other works without those works becoming MODIFICATIONS, or causing the combination of works. For example, the command-line processor in a command-line program, the input of a language interpreter which processes the intended language, the HTTP interface of a web browser, or the system call interface of an operating system kernel. The fundamental nature of the interface within the work is important. A developer may not unilaterally add a PUBLIC INTERFACE to an existing program or remove such an interface without the agreement of the other LICENSORS. The simple existence of an API does not automatically make that API a PUBLIC INTERFACE. PUBLIC INTERFACES means one or more of a PUBLIC INTERFACE.

Where it could be unclear, the declaration of a public interface, or that a particular interface is not a public interface, may be stated in the CONTACT.txt file.

2.12 MODIFICATION is:

  1. Any alteration or transformation of the WORK other than COMPILATION (MEANING 1).
  2. The combination or inclusion of the WORK or any portion of it with another work other than through a PUBLIC INTERFACE or AGGREGATION, such that the two works are combined into a single program or application, regardless of the means of such combination or inclusion, whether or not such combination or inclusion is considered the creation of a derivative work under copyright and moral rights law. For example, dynamic linking, or the provision of a program through any interface that is integrated into a second program, such that the functionality of the first program is added to the combination of both programs. AGGREGATION is not MODIFICATION.
  3. Production of a work with the purpose of producing a MODIFICATION, even when the modification is done remotely, or at a later date, or where there is no attribution indicating a MODIFICATION. For example: producing a file to be provided to the “patch” utility to cause the production of an altered version of the WORK; producing a program that modifies the WORK; TRAINING of a MACHINE LEARNING MODEL with the SOURCE CODE or any transformation of the WORK so that the MACHINE LEARNING MODEL may later produce any output which is influenced by that input.
  4. Production of a SHIM.

2.13 RESTRICTED RIGHTS are any rights regarding the WORK that are protected by copyright, patent, or moral rights law; and additionally any acts which are specifically restricted by these terms; with this exception: you may perform the actions necessary to examine these terms and the CONTACT.txt file and provide them to others to examine, however you must not take advantage of other files revealed by those actions.

RESTRICTED RIGHTS include (but are not limited to) ephemeral, non-literal, or other copying; reading or examining the WORK other than to read these terms and the CONTACT.txt file; use, redistribution, modification, performance of the WORK; TRAINING of a MACHINE LEARNING MODEL with SOURCE CODE or any transformation of the WORK; and exercise of any of the aforestated rights or acts upon a MACHINE LEARNING MODEL TRAINED thusly.

2.14 PROTECTING JURISDICTIONS are those that provide legal protection of RESTRICTED RIGHTS regarding the work, except that they are not required to protect patents. Along with all of the usual copyright and/or moral rights protections, they must protect the copyright or moral rights of works used to used to TRAIN a MACHINE LEARNING MODEL. At this writing, (May, 2024) the POST-OPEN ADMINISTRATION asserts that the nation of Japan is not a PROTECTING JURISDICTION due to the lack of protection of works used to TRAIN a MACHINE LEARNING MODEL.

2.15 The LICENSOR is the legal entity which owns the WORK, and which applies these terms to it. LICENSORS means one or more LICENSOR. The use of the term LICENSOR is not to be construed that these terms are anything but a contract. [Most works in the POST-OPEN COLLECTION will be the product of many real persons, and businesses, and organizations, who may act as LICENSOR directly or through another legal entity.]

2.17 SOURCE CODE is the human-readable, unobfuscated and preferred form of a work for modification. In the case of a compiled or interpreted computer language, this would be the language used as input to the compiler or interpreter. A MACHINE LEARNING MODEL may not be human-readable, but is still considered SOURCE CODE.

2.18 PUBLIC RELEASE is the publication of the SOURCE CODE of the WORK or a MODIFICATION in a public site on the internet, licensed under these terms, where it is expected to be permanently and reliably available worldwide for anonymous download without any permission or legal agreement in addition to these terms. Because governments do not necessarily allow access to all nations, it must be possible for another party to anonymously download and redistribute the WORK, potentially making it accessable in a nation YOU can not provide access to.

[We intend to operate the canonical git repository and download site for Post Open at https://postopen.org/ , and upload to it will constitute PUBLIC RELEASE. One example, at this writing, would be a public repository on "github.com", although that site has national restrictions, see https://docs.github.com/en/site-policy/other-site-policies/github-and-trade-controls . The most common practical form of PUBLIC RELEASE of a MODIFICATION at this writing is contribution of a modification to a project via the "pull" mechanism of a public "git" repository.]

2.19 The POST-OPEN COLLECTION is all works that have been placed under these terms by LICENSORS who have entered into the POST-OPEN OPERATING AGREEMENT, and for which PUBLIC RELEASE has been performed.

2.20 TERMINATION immediately discontinues YOUR GRANT OF RIGHTS to all works in the POST-OPEN COLLECTION, including (but not limited to) the WORK, but all other terms continue to apply and YOUR consent to these terms survives TERMINATION. TERMINATION is never ended automatically, or simply by the cure of the condition causing TERMINATION. YOU must take a specific action to cure TERMINATION, such as entering into one of the contracts that allows the condition that previously caused TERMINATION (the POST-OPEN ZERO-COST CONTRACT or the POST-OPEN PAID CONTRACT), or by participating in the POST-OPEN REMEDIATION PROCESS. TERMINATES is the act or past-tense of TERMINATION.

A NON-TERMINATED PARTY is a party to a POST-OPEN PERMISSION or the POST-OPEN OPERATING AGREEMENT which is not currently subject to TERMINATION.

2.21 YEAR is YOUR fiscal year which is accepted by YOUR national tax authority and which YOU routinely use for accounting purposes, otherwise the first day of January through the last day day of December of the Julian calendar in YOUR time zone.

2.22 EXPORT CONTROLLED USE is:

  1. Any use or MODIFICATION of the WORK that could make the WORK subject to export control law, for example the USA ITAR and EAR. Examples of EXPORT CONTROLLED USE would be use or MODIFICATION for military or defense purposes, or to weaponize the WORK.
    We note that both ITAR and EAR have carve-outs for information in the public domain (in a trade-secret rather than copyright sense), which should include Post-Open software. This is protective of work which may be listed as a munition under export control law, but also has peaceful use, for example systems for space and satellite use, some radio communication systems, low-bandwidth digital voice CODECs. We do not mean to prohibit such work in these terms. However, the developer must take care to maintain this protection.
  2. Offering of or performance of service regarding the WORK to any entity for military or defense purposes, or to weaponize the WORK, even when the WORK is information in the public domain. [This is referred to in USA export control law as provision of defense services, and potentially makes the work subject to export control laws when it otherwise would not be.]

2.23 CIRCUMVENTION STRATEGIES are legal or technical strategies which may have the effect of circumventing these terms. For example: failing to disclose to the POST-OPEN ADMINISTRATION or the LICENSORS a condition that would cause TERMINATION; creating one or more legal entities for the purpose of entering into these terms while insulating another legal entity from these terms; creating a technical means of connecting a program in the POST-OPEN COLLECTION to a second program other than through a PUBLIC INTERFACE, which may cause that second program to not be considered part of the WORK.

2.24 DRAFT and FINAL A DRAFT version of of this or a related document is released for comment and revision. It is not recommended for use as a license on a work. A FINAL version is released after editing and approval (potentially by a large community) and is intended for use as a license on a work.

2.25 SOFTWARE AS A SERVICE is the performance of a work in the POST-OPEN COLLECTION for another entity.

2.26 An EMBEDDED SYSTEM is a hardware device containing a work in the POST-OPEN COLLECTION.

2.27 A SHIM is an adaptation of a PUBLIC INTERFACE or any other part of the WORK to a different interface, which may have the effect of circumventing these terms, even if it has another technical purpose. SHIMS is the plural of SHIM.

2.28 A POST-OPEN PERMISSION is one of the POST-OPEN ZERO-COST LICENSE, the POST-OPEN ZERO-COST CONTRACT, or the POST-OPEN PAID CONTRACT, as applicable.

The POST-OPEN PERMISSIONS are the set of all three of the POST-OPEN ZERO-COST LICENSE, the POST-OPEN ZERO-COST CONTRACT, and the POST-OPEN PAID LICENSE.

2.29 REVENUE is all money collected and the monetary equivalent of any non-monetary value collected, including (but not limited to) taxation, donations, grants, bequests, property, barter, a non-government currency (for example cryptocurrency), a valuable negotiable instrument (for example stock), a legal instrument (for example a deed), the grant of rights or privileges. Where there are payments between different legal entities constituting YOU, these amounts are to be subtracted from REVENUE of the payee such that they will be counted as REVENUE to YOU once.

Where there is ambiguity regarding equivalence in value, currency exchange rates are to be calculated according to the last report of the United States Treasury Reporting Rates of Exchange dataset released on or before the end-date of your fiscal YEAR. [At https://fiscaldata.treasury.gov/datasets/treasury-reporting-rates-exchange/treasury-reporting-rates-of-exchange We are aware of the differences in official and unofficial currency exchange rates, we selected one source to reduce the potential for dispute.]

2.30 REMUNERATION is the collection of REVENUE in exchange for something, regardless of whether an action is performed directly by YOU or on YOUR behalf. This includes (but is not limited to) be payment for a service (for example SOFTWARE AS A SERVICE), for rights or privileges for example a software license, or property (for example an EMBEDDED SYSTEM).

2.32 US-ENGLISH is the dialect of the human language English commonly used in legal documents in the United States, with terms defined by the “LexPredict Legal Dictionary” [currently at https://github.com/LexPredict/lexpredict-legal-dictionary , this dictionary is under Creative Commons Attribution Share-Alike 4.0 license].

The version of that dictionary to be used is the last version released by the LexPredict project before the release of the applicable version of these terms by the POST-OPEN ADMINISTRATION. Where a definition is absent in the above reference, or where definitions conflict, the court or arbitrator will determine the applicable definition.

2.33 VOLUNTARY TERMINATION is the first step of the RELEASE PROCESS, which releases YOU from these terms. The VOLUNTARY TERMINATION DATE is a present or future date which you communicate to the POST-OPEN ADMINISTRATION as the date upon which you wish TERMINATION to be effective.

To be released from these terms, YOU must first go through VOLUNTARY TERMINATION even if YOU have already involuntarily become subject to TERMINATION. To initiate VOLUNTARY TERMINATION, inform the POST-OPEN ADMINISTRATION electronically via this URL [https://postopen.org/voluntary-termination/]. Voluntary termination announces that you believe you have (or will have) ceased exercising RESTRICTED RIGHTS regarding any WORK in the POST-OPEN COLLECTION before YOUR VOLUNTARY TERMINATION DATE, and removes YOUR GRANT OF RIGHTS, but does not release you from any other of the terms of any POST-OPEN PERMISSION. To be released from those terms, you must go through the RELEASE PROCESS. If you find that YOU have exercised RESTRICTED RIGHTS regarding any WORK in the POST-OPEN COLLECTION on or after your VOLUNTARY TERMINATION date, that aborts VOLUNTARY TERMINATION. YOU must inform the POST-OPEN ADMINISTRATION. You may then restart VOLUNTARY TERMINATION from that date or later, or elect to forego TERMINATION.

2.34 The RELEASE PROCESS is the process for being released from these terms. YOU must first go through VOLUNTARY TERMINATION. 365 days after your VOLUNTARY TERMINATION DATE, if you have not exercised RESTRICTED RIGHTS regarding any WORK in the POST-OPEN COLLECTION for a period of at least 365 days, you may certify that fact in writing, with an officer’s signature, to the POST-OPEN ADMINISTRATION, and request to be released from all POST-OPEN PERMISSIONS. If the POST-OPEN ADMINISTRATION does not grant the release, YOU or the POST-OPEN ADMINISTRATION may initiate a dispute as specified in these terms.

3. CONDITIONS

3.2 ZERO-COST CONDITIONS

TERMINATION occurs when any of the conditions in the following list apply to YOU and YOU have not already entered into the POST-OPEN ZERO-COST CONTRACT. If YOU wish to continue to exercise RESTRICTED RIGHTS after one of these conditions applies, YOU may enter into the POST-OPEN ZERO-COST CONTRACT. [Which is a version of these same terms with the addition of clear and recorded consent by YOU.]

  1. You exercise RESTRICTED RIGHTS outside of a PROTECTING JURISDICTION. [To avoid this term, businesses may wish to pre-emptively enter into the POST-OPEN ZERO-COST CONTRACT. This has no difference in terms from the POST-OPEN ZERO-COST LICENSE other than explicit consent and a representation that the party signing has the right to enter into a contract on behalf of the entity signed for.]

3.3 PAID CONDITIONS

TERMINATION occurs when any of the conditions in the following list apply to YOU. If YOU wish to continue to exercise RESTRICTED RIGHTS, YOU may enter into the POST-OPEN PAID CONTRACT. [Which is a separate agreement that gives permission to perform the stated actions, in exchange for annual payment and an annual disclosure requirement.]

  1. The REVENUE through all legal entities defined as YOU exceeds a value equivalent to USD$5 Million per YEAR.
    [This is intended to prevent free-riding by government and non-profits. Governments levy many odious procedures upon us and we must pay for these and some of our technical support of them, as well as maintain an involvement with them and their law-creation processes, for our own protection. Large non-profits also require some technical support which we may not be able to bill for, and are not universally purely virtuous in purpose: for example many have highly-compensated officers, we omit other examples to avoid argument.]
    [We do not ask for a portion of profit because it is so easy to hide profit - it is a cliche in the feature film business that if you have a profit, you are doing your books wrong.]
  2. You perform SOFTWARE AS A SERVICE.
  3. You provide an EMBEDDED SYSTEM to others for REMUNERATION.
  4. You provide a WORK in the POST-OPEN COLLECTION to others for REMUNERATION.
  5. You make MODIFICATIONS to any WORK in the POST-OPEN COLLECTION without first performing one of these actions (you may perform both):
    1. You enter into the POST-OPEN OPERATING AGREEMENT and make a PUBLIC RELEASE of the MODIFICATION.
    2. You enter into the POST-OPEN PAID CONTRACT.

3.4 TERMINATION CONDITIONS

TERMINATION occurs if any of the conditions in the following list apply to you.

  1. You perform any action prohibited by these terms, breach this contract, or infringe RESTRICTED RIGHTS of any work in the POST-OPEN COLLECTION.
  2. You bring suit or other enforcement for patent infringement regarding any work in the POST-OPEN COLLECTION or cause, fund or join such a suit or enforcement.
  3. YOU offer, enter into, make use of, or benefit from a patent license which permits your practice of one or more patent claims in WORKS in the POST OPEN COLLECTION without granting the same privilege to all parties.
  4. YOU further restrict the rights granted in these terms, YOU add any terms to these terms, or YOU make separate terms which change the effect of these terms. For example, you enter into a contract with users which includes a punitive action if they redistribute security information regarding a work in the POST-OPEN COLLECTION or MODIFICATIONS of such a work intended to cure or mitigate a security issue.
  5. You offer or perform EXPORT CONTROLLED USE regarding any work in the POST-OPEN COLLECTION.
  6. YOU deliberately do not report security-related information regarding any work in the POST-OPEN COLLECTION to the LICENSORS and the POST-OPEN ADMINISTRATION as soon as possible, or YOU create an agreement with terms restricting any other party from making such a report, except in the case that you are legally restricted from making such a disclosure by a direct order of your government (rather than a private agreement such as an NDA), and then only as long as such a restriction prevents you from making the report. [Please see https://postopen.org/security/ to make a report to the POST-OPEN ADMINISTRATION and the LICENSOR.]
    For example, if YOU are a company or other entity that provides security services, and you disclose security information about the WORK to your customers and affiliates without also disclosing it to the POST-OPEN ADMINISTRATION and the LICENSORS before then or at the same time, you violate these terms and TERMINATION occurs.
  7. You train a MACHINE LEARNING MODEL with the SOURCE CODE or any transformation of a work within the POST-OPEN COLLECTION, or exercise any rights protected by copyright, patent, or moral rights law regarding a MACHINE LEARNING MODEL TRAINED with the text of a work within the POST-OPEN COLLECTION, except if YOU join the POST-OPEN OPERATING AGREEMENT, place the resulting work under these terms, and YOU make a PUBLIC RELEASE of the resulting work.
  8. YOU are unresponsive for more than 60 days to enforcement-related communications of the POST-OPEN ADMINISTRATION regarding any work in the POST-OPEN COLLECTION, a POST-OPEN PERMISSION, or the POST-OPEN OPERATING AGREEMENT.
  9. YOU provide the WORK to others for the purpose of insulating them from these terms.
  10. YOU go through the VOLUNTARILY TERMINATION process.

4. TERMS

These terms include this entire document, including (but not limited to) the DEFINITIONS, CONDITIONS, and PRELUDE, except for the ADVISORY SECTIONS and WORKING NOTES.

4.1 GOVERNING VERSION AND EXTERNAL DEFINITIONS

While the POST-OPEN ADMINISTRATION may release official translations, the US-ENGLISH version of this license provided by the POST-OPEN ADMINISTRATION is the definitive version. In any dispute over the meaning of these terms, the court or arbitrator must interpret the US-ENGLISH version, and its terms govern. Where a term is not defined within these terms, an external definition of that term from a source defined in the definition US-ENGLISH, for the US-ENGLISH version of this license, will govern.

4.2 REQUIREMENT TO LICENSE

No exercise of RESTRICTED RIGHTS, including (but not restricted to) ephemeral copying or non-literal copying, is permitted except by entering into a POST-OPEN PERMISSION. You must enter into a POST-OPEN PERMISSION if another legal entity exercises RESTRICTED RIGHTS on YOUR behalf, for example SOFTWARE AS A SERVICE.

4.3 NO WARRANTY, REQUIREMENT FOR INDEMNIFICATION

To the extent permissible by law, no warranties are applicable to the WORK, even warranties of usability or fitness for use. You agree to indemnify the LICENSORS and the POST-OPEN ADMINISTRATION regarding any hazard or liability caused by YOUR use of the WORK, including (but not limited to) damages to you and others, penalties or fines levied by government, and prosecution of patent infringement resulting from YOUR exercise of RESTRICTED RIGHTS. If such liability is of concern to YOU, you are advised to purchase insurance to protect YOU from it. [The POST-OPEN ADMINISTRATION does not offer such insurance at this time.]

4.5 ASSERTION OF PRESENCE OF DEFECTS, NO RESPONSIBILITY TO REPORT OR CURE

There are defects in the WORK, both known and unknown, including (but not limited to) ones with a potential effect upon security or privacy of the user, and ones that could conceivably cause damage to life or property. It is not technically or economically possible to produce a work free of defects within the state of the art at this time. The deliberate insertion of defects is possible, including deliberate circumventions of security or insertion of a surveillance mechanism. The LICENSORS and the POST-OPEN ADMINISTRATION may operate systems to defend against such insertions, but is not technically or economically possible to guard against them with 100% reliability, especially in the case of nation-state actors. It is also possible that a developer, the LICENSORS or the POST-OPEN ADMINISTRATION could be faced with government requirements that have the effect of circumventing security or allowing surveillance, and which they would not be allowed to disclose. The LICENSORS and the POST-OPEN ADMINISTRATION decline any responsibility to report, repair, or cure defects, to the extent permissible by law, even though they may operate a defect reporting system and software updates which routinely report and cure defects. Additional services to report and cure defects may be available through a paid support contract.

4.6 ASSERTION OF THE POSSIBILITY OF PATENT CLAIMS

The WORK may be considered to come under one or more existing patent claims, regardless of the validity or enforceability of such claims. A complete patent search and the development of an understanding of what patents are actually valid or enforceable is not technically or economically possible. The liability for such claims is entirely YOURS, the LICENSORS and the POST-OPEN ADMINISTRATION deny any such liability, including to YOU. If such liability is of concern to YOU, YOU are advised to purchase insurance to protect you from it.

4.7 MODIFICATION

MODIFICATION of the WORK with PUBLIC RELEASE requires entry into the POST-OPEN OPERATING AGREEMENT. If YOU wish to make MODIFICATIONS without PUBLIC RELEASE, YOU must enter into the POST-OPEN PAID CONTRACT. You may enter into both and make modifications under each as appropriate. If YOU perform MODIFICATION without entering into the POST-OPEN OPERATING AGREEMENT or the POST-OPEN PAID CONTRACT, TERMINATION occurs. [Producers of significant MODIFICATIONS and new works are advised that if YOU make PUBLIC RELEASE and enter into the POST-OPEN OPERATING AGREEMENT, the POST-OPEN ADMINISTRATION may pay you with part of the revenue collected under the POST-OPEN PAID CONTRACT. Thus, there is a financial incentive for all parties to publish their modifications and increase the size and functionality of the POST-OPEN COLLECTION. Modifications that are made available via PUBLIC RELEASE are more likely to be maintained as part of the overall project, while private modifications must be brought up to sync with every public release if you wish to use the features and bug fixes in that release, and this will be a continuing expense.]

4.8 CONSENT AND AGREEMENT

This is a contract between YOU, the LICENSOR, and the POST-OPEN ADMINISTRATION. Exercise of any RESTRICTED RIGHTS indicates YOUR consent to these terms. YOU may explicitly indicate your consent by entering into the POST-OPEN ZERO-COST CONTRACT, but your consent is indicated whether or not you do so. If YOU are a government, nation, or sovereign power, you agree to comply with the law and these terms as they would apply to an ordinary real person (not one with special rights such as royalty or a diplomat) who lives within a normal region of your jurisdiction: for example a state, province, or canton where your laws apply, not a special region where your laws are overriden (for example a Tribal Sovereignty in the United States if party "a" in the definition of YOU is not the Tribal Sovereignty). You specifically consent to allow and commit to respond to any lawsuit and arbitration by the LICENSORS or the POST-OPEN ADMINISTRATION. If YOU are more than one legal entity, each individual entity which exercises RESTRICTED RIGHTS must enter into these terms, the POST-OPEN ZERO-COST LICENSE, or the POST-OPEN PAID LICENSE. YOU agree to comply with these terms regardless of the status of the WORK under copyright, moral rights, or patent law. Where the law grants YOU a right and these terms prohibit it, these terms will prevail to the extent permitted by law. YOU agree not to exercise RESTRICTED RIGHTS outside of these terms. You agree not to TRAIN a MACHINE LEARNING MODEL with the information of any work in the POST-OPEN COLLECTION, or perform ephemeral copying with the purpose of TRAINING such a model, unless YOU join the POST-OPEN OPERATING AGREEMENT, place the resulting work under these terms, and YOU make a PUBLIC RELEASE of it.

4.9 NO RIGHT TO SUBLICENSE

This agreement directly is between the LICENSOR, the POST-OPEN ADMINISTRATION, and YOU. You may not sublicense the WORK. When you convey a copy of the WORK to another party, or run any WORK in the POST-OPEN COLLECTION as SOFTWARE AS A SERVICE for another party, you must give them a copy of these terms and inform them that to legally use the work or have it performed for them, they would be required to either enter into these terms or the POST-OPEN PAID LICENSE, depending on their situation. [It is a intended that these terms can require payment from both the softwar-as-a-service provider and their customer.]

4.10 PUBLIC INTERFACES

YOU agree to connect the WORK to software which is not under these terms only through its PUBLIC INTERFACES. YOU agree that an API present in the WORK which is not a PUBLIC INTERFACE is not permissible for use for connecting to programs that are not under these terms. If you produce a SHIM, you agree to provide it only to parties that are party to a POST-OPEN PERMISSION.

4.12 USE OF TERMS AND MISREPRESENTATION

YOU agree not to apply these terms to any work, even by reference, without first becoming a party to the POST-OPEN OPERATING AGREEMENT. YOU agree not to use the text of a POST-OPEN PERMISSION except in the form of an agreement properly executed by a party and the POST-OPEN ADMINISTRATION or an agreement not executed by any party and provided for information purposes only. YOU agree not to represent a work as Post-Open unless it is issued by a NON-TERMINATED PARTY to the POST-OPEN OPERATING AGREEMENT and is available via the POST-OPEN PERMISSIONS. YOU agree not to represent the POST-OPEN ZERO-COST LICENSE, the POST-OPEN ZERO-COST CONTRACT, or the POST-OPEN PAID LICENSE as an Open Source license. However, software may be dual-licensed as Open Source and Post-Open, and only in that case YOU may represent that the software is available under Open Source terms. You agree not to otherwise represent software under these terms as Open Source.

4.13 NO CIRCUMVENTION

YOU agree not to employ CIRCUMVENTION STRATEGIES for the purpose of circumventing these terms. Where such strategies are employed for a purpose other than circumventing these terms, YOU agree that in any dispute, any possible circumvention of these terms or applicable law caused by such strategies will be interpreted as if the circumvention does not exist. In particular, see the definition of YOU and the terms regarding PUBLIC INTERFACES.

4.14 GRANT OF RIGHTS

In consideratienton of your consent to the entirety of these terms: as long as TERMINATION has not occurred, you are granted the right to exercise RESTRICTED RIGHTS other than MODIFICATION and TRAINING of a MACHINE LEARNING MODEL, including (but not restricted to) use and redistribution of the WORK and exercise of patent claims of the LICENSORS and the POST-OPEN ADMINISTRATION to the extent necessary to exercise the aforementioned RESTRICTED RIGHTS under these terms.

4.15 CONDITIONS FOR TERMINATION

You agree not to perform any of the actions listed as conditions for termination under the sections on PAID CONDITIONS or ZERO-COST CONDITIONS without first entering into the contract that would provide permission to perform those actions and performing any required actions of that contract (for example, entering into the POST-OPEN OPERATING AGREEMENT and performing PUBLIC RELEASE of a MODIFICATION, or entering into the POST-OPEN ZERO-COST CONTRACT or the POST-OPEN PAID CONTRACT). You agree not to perform any of the actions listed as conditions for termination under the section on TERMINATION CONDITIONS. You agree to perform the POST-OPEN REMEDIATION PROCESS if you infringe, with or without intention or foreknowledge, upon the copyright or moral rights of any work in the POST-OPEN COLLECTION or violate these terms in any way.

4.16 SEVERABILITY

If a court should strike any of these terms or find them unenforceable, the minimum possible text is struck and the remainder of these terms survive.

4.17 FORCE MAJEURE

A Party affected by Force Majeure will not assume any liability under these terms. However, subject to the Party affected by Force Majeure having taken its reasonable and practicable efforts to perform these terms, the Party claiming for exemption of the liabilities may only be exempted from performing such liability as within limitation of the part performance delayed or prevented by Force Majeure. Once causes for such exemption of liabilities are rectified and remedied, all parties agree to resume performance of these terms with their best efforts.

4.18 ACCEPTANCE OF THE POST-OPEN ADMINISTRATION AS A PARTY TO ANY DISPUTE

YOU agree that the POST-OPEN ADMINISTRATION has the right to represent the LICENSORS in any controversy or claim arising out of or relating to these terms.

4.19 ARBITRATION

Any controversy or claim arising out of or relating to these terms, or the breach thereof, will be settled by arbitration administered by the American Arbitration Association if the parties are all within the United States, or the International Centre for Dispute Resolution in the case that a party to the dispute is external to the United States, in accordance with the Commercial Arbitration Rules and/or other appropriate rules of those organizations. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. YOU and all parties to these terms consent to the use of computer videoconferencing or telephone conferencing, as an alternative to personal appearance, for the operation of arbitration and any court session.

4.22 SEAL A party to a dispute concerning these terms or the breach thereof may obtain filing under seal of information that would otherwise be restricted under these terms:

  1. By consent of the POST-OPEN ADMINISTRATION for itself and as representative of any LICENSORS and the other party to the dispute, where that is allowed. [California requires a court order to file a record under seal.]
  2. By order of the court or arbitrator under the rules prevailing upon that adjudication.

4.23 TRANSLATIONS The POST-OPEN ADMINISTRATION may provide translations of this license into other languages (human languages; and computational legal languages, for example “smart contracts”, if any such thing is ever capable of representing these terms). Translations without the permission of the POST-OPEN ADMINISTRATION are prohibited, but this is not meant to discourage translations, contact us if you would like to make one.

4.24 REVISION OF THESE TERMS

During the present DRAFT terms period, changes to these terms published as a revised DRAFT by the POST-OPEN ADMINISTRATION are effective immediately and supersede the terms previously issued. After the first publication of a FINAL version of these terms, the following terms apply: The POST-OPEN ADMINISTRATION may publish revised versions of these terms. Revised terms will remain substantially similar to these ones, and may include changes only to:

  1. Correct errors and ambiguities.
  2. Avoid loopholes that have come into use.
  3. Respond to findings of courts which sever some of the terms or interpret some of the terms unfavorably.
  4. Respond to new law or law newly enforced upon any party to these terms.
  5. Respond to changes in technology (for example this text responds to the rise of MACHINE LEARNING MODELS and TRAINING of such, terms which were not included in classical Open Source licenses).
  6. Respond to changes in monetary value: for example a change in the real value of the stated amount of REVENUE requiring that YOU join into the POST-OPEN PAID CONTRACT, or a change in the nation or other entity for which the value is defined, for example a change from USD to a presently-theoretical stable global currency.
    In the case of a change to the amount of REVENUE which mandates use of the POST-OPEN PAID CONTRACT, that amount may only be adjusted using commonly-accepted inflationary (and deflationary) indices to an equivalent value at the current time.
    When changes to these terms are published as FINAL revised terms by the POST-OPEN ADMINISTRATION (rather than a DRAFT), YOU may, at your discretion, apply the new terms, or you may continue to apply these terms to works already in your use for no more than one year from the publication of the revised terms, and then you must apply the new terms. If you begin to use another work in the collection, the new terms apply to it immediately. [This allows YOU time for legal evaluation of the new terms and to make decisions regarding YOUR use of the POST-OPEN COLLECTION.]