307 lines
16 KiB
Plaintext
307 lines
16 KiB
Plaintext
HIPPOCRATIC LICENSE
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Version 3.0, October 2021
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https://firstdonoharm.dev/version/3/0/core.txt
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TERMS AND CONDITIONS
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TERMS AND CONDITIONS FOR USE, COPY, MODIFICATION, PREPARATION OF DERIVATIVE
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WORK, REPRODUCTION, AND DISTRIBUTION:
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1. DEFINITIONS:
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This section defines certain terms used throughout this license agreement.
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1.1. “License” means the terms and conditions, as stated herein, for use, copy,
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modification, preparation of derivative work, reproduction, and distribution of
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Software (as defined below).
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1.2. “Licensor” means the copyright and/or patent owner or entity authorized by
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the copyright and/or patent owner that is granting the License.
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1.3. “Licensee” means the individual or entity exercising permissions granted by
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this License, including the use, copy, modification, preparation of derivative
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work, reproduction, and distribution of Software (as defined below).
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1.4. “Software” means any copyrighted work, including but not limited to
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software code, authored by Licensor and made available under this License.
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1.5. “Supply Chain” means the sequence of processes involved in the production
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and/or distribution of a commodity, good, or service offered by the Licensee.
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1.6. “Supply Chain Impacted Party” or “Supply Chain Impacted Parties” means any
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person(s) directly impacted by any of Licensee’s Supply Chain, including the
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practices of all persons or entities within the Supply Chain prior to a good or
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service reaching the Licensee.
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1.7. “Duty of Care” is defined by its use in tort law, delict law, and/or
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similar bodies of law closely related to tort and/or delict law, including
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without limitation, a requirement to act with the watchfulness, attention,
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caution, and prudence that a reasonable person in the same or similar
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circumstances would use towards any Supply Chain Impacted Party.
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1.8. “Worker” is defined to include any and all permanent, temporary, and agency
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workers, as well as piece-rate, salaried, hourly paid, legal young (minors),
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part-time, night, and migrant workers.
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2. INTELLECTUAL PROPERTY GRANTS:
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This section identifies intellectual property rights granted to a Licensee.
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2.1. Grant of Copyright License: Subject to the terms and conditions of this
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License, Licensor hereby grants to Licensee a worldwide, non-exclusive,
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no-charge, royalty-free copyright license to use, copy, modify, prepare
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derivative work, reproduce, or distribute the Software, Licensor authored
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modified software, or other work derived from the Software.
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2.2. Grant of Patent License: Subject to the terms and conditions of this
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License, Licensor hereby grants Licensee a worldwide, non-exclusive, no-charge,
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royalty-free patent license to make, have made, use, offer to sell, sell,
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import, and otherwise transfer Software.
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3. ETHICAL STANDARDS:
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This section lists conditions the Licensee must comply with in order to have
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rights under this License.
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The rights granted to the Licensee by this License are expressly made subject to
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the Licensee’s ongoing compliance with the following conditions:
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* 3.1. The Licensee SHALL NOT, whether directly or indirectly, through agents
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or assigns:
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* 3.1.1. Infringe upon any person’s right to life or security of person,
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engage in extrajudicial killings, or commit murder, without lawful cause
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(See Article 3, United Nations Universal Declaration of Human Rights;
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Article 6, International Covenant on Civil and Political Rights)
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* 3.1.2. Hold any person in slavery, servitude, or forced labor (See Article
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4, United Nations Universal Declaration of Human Rights; Article 8,
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International Covenant on Civil and Political Rights);
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* 3.1.3. Contribute to the institution of slavery, slave trading, forced
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labor, or unlawful child labor (See Article 4, United Nations Universal
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Declaration of Human Rights; Article 8, International Covenant on Civil and
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Political Rights);
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* 3.1.4. Torture or subject any person to cruel, inhumane, or degrading
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treatment or punishment (See Article 5, United Nations Universal
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Declaration of Human Rights; Article 7, International Covenant on Civil and
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Political Rights);
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* 3.1.5. Discriminate on the basis of sex, gender, sexual orientation, race,
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ethnicity, nationality, religion, caste, age, medical disability or
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impairment, and/or any other like circumstances (See Article 7, United
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Nations Universal Declaration of Human Rights; Article 2, International
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Covenant on Economic, Social and Cultural Rights; Article 26, International
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Covenant on Civil and Political Rights);
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* 3.1.6. Prevent any person from exercising his/her/their right to seek an
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effective remedy by a competent court or national tribunal (including
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domestic judicial systems, international courts, arbitration bodies, and
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other adjudicating bodies) for actions violating the fundamental rights
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granted to him/her/them by applicable constitutions, applicable laws, or by
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this License (See Article 8, United Nations Universal Declaration of Human
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Rights; Articles 9 and 14, International Covenant on Civil and Political
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Rights);
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* 3.1.7. Subject any person to arbitrary arrest, detention, or exile (See
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Article 9, United Nations Universal Declaration of Human Rights; Article 9,
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International Covenant on Civil and Political Rights);
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* 3.1.8. Subject any person to arbitrary interference with a person’s
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privacy, family, home, or correspondence without the express written
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consent of the person (See Article 12, United Nations Universal Declaration
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of Human Rights; Article 17, International Covenant on Civil and Political
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Rights);
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* 3.1.9. Arbitrarily deprive any person of his/her/their property (See
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Article 17, United Nations Universal Declaration of Human Rights);
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* 3.1.10. Forcibly remove indigenous peoples from their lands or territories
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or take any action with the aim or effect of dispossessing indigenous
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peoples from their lands, territories, or resources, including without
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limitation the intellectual property or traditional knowledge of indigenous
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peoples, without the free, prior, and informed consent of indigenous
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peoples concerned (See Articles 8 and 10, United Nations Declaration on the
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Rights of Indigenous Peoples);
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* 3.1.11. Interfere with Workers’ free exercise of the right to organize and
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associate (See Article 20, United Nations Universal Declaration of Human
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Rights; C087 - Freedom of Association and Protection of the Right to
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Organise Convention, 1948 (No. 87), International Labour Organization;
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Article 8, International Covenant on Economic, Social and Cultural Rights);
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and
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* 3.1.12. Harm the environment in a manner inconsistent with local, state,
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national, or international law.
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* 3.2. The Licensee SHALL:
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* 3.2.1. Provide equal pay for equal work where the performance of such work
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requires equal skill, effort, and responsibility, and which are performed
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under similar working conditions, except where such payment is made
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pursuant to:
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* 3.2.1.1. A seniority system;
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* 3.2.1.2. A merit system;
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* 3.2.1.3. A system which measures earnings by quantity or quality of
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production; or
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* 3.2.1.4. A differential based on any other factor other than sex, gender,
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sexual orientation, race, ethnicity, nationality, religion, caste, age,
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medical disability or impairment, and/or any other like circumstances
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(See 29 U.S.C.A. § 206(d)(1); Article 23, United Nations Universal
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Declaration of Human Rights; Article 7, International Covenant on
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Economic, Social and Cultural Rights; Article 26, International Covenant
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on Civil and Political Rights); and
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* 3.2.2. Allow for reasonable limitation of working hours and periodic
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holidays with pay (See Article 24, United Nations Universal Declaration of
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Human Rights; Article 7, International Covenant on Economic, Social and
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Cultural Rights).
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4. SUPPLY CHAIN IMPACTED PARTIES:
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This section identifies additional individuals or entities that a Licensee could
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harm as a result of violating the Ethical Standards section, the condition that
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the Licensee must voluntarily accept a Duty of Care for those individuals or
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entities, and the right to a private right of action that those individuals or
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entities possess as a result of violations of the Ethical Standards section.
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4.1. In addition to the above Ethical Standards, Licensee voluntarily accepts a
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Duty of Care for Supply Chain Impacted Parties of this License, including
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individuals and communities impacted by violations of the Ethical Standards. The
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Duty of Care is breached when a provision within the Ethical Standards section
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is violated by a Licensee, one of its successors or assigns, or by an individual
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or entity that exists within the Supply Chain prior to a good or service
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reaching the Licensee.
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4.2. Breaches of the Duty of Care, as stated within this section, shall create a
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private right of action, allowing any Supply Chain Impacted Party harmed by the
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Licensee to take legal action against the Licensee in accordance with applicable
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negligence laws, whether they be in tort law, delict law, and/or similar bodies
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of law closely related to tort and/or delict law, regardless if Licensee is
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directly responsible for the harms suffered by a Supply Chain Impacted Party.
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Nothing in this section shall be interpreted to include acts committed by
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individuals outside of the scope of his/her/their employment.
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5. NOTICE: This section explains when a Licensee must notify others of the
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License.
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5.1. Distribution of Notice: Licensee must ensure that everyone who receives a
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copy of or uses any part of Software from Licensee, with or without changes,
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also receives the License and the copyright notice included with Software (and
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if included by the Licensor, patent, trademark, and attribution notice).
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Licensee must ensure that License is prominently displayed so that any
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individual or entity seeking to download, copy, use, or otherwise receive any
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part of Software from Licensee is notified of this License and its terms and
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conditions. Licensee must cause any modified versions of the Software to carry
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prominent notices stating that Licensee changed the Software.
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5.2. Modified Software: Licensee is free to create modifications of the Software
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and distribute only the modified portion created by Licensee, however, any
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derivative work stemming from the Software or its code must be distributed
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pursuant to this License, including this Notice provision.
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5.3. Recipients as Licensees: Any individual or entity that uses, copies,
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modifies, reproduces, distributes, or prepares derivative work based upon the
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Software, all or part of the Software’s code, or a derivative work developed by
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using the Software, including a portion of its code, is a Licensee as defined
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above and is subject to the terms and conditions of this License.
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6. REPRESENTATIONS AND WARRANTIES:
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6.1. Disclaimer of Warranty: TO THE FULL EXTENT ALLOWED BY LAW, THIS SOFTWARE
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COMES “AS IS,” WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, AND LICENSOR SHALL NOT
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BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DAMAGES OR OTHER LIABILITY ARISING
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FROM, OUT OF, OR IN CONNECTION WITH THE SOFTWARE OR THIS LICENSE, UNDER ANY
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LEGAL CLAIM.
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6.2. Limitation of Liability: LICENSEE SHALL HOLD LICENSOR HARMLESS AGAINST ANY
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AND ALL CLAIMS, DEBTS, DUES, LIABILITIES, LIENS, CAUSES OF ACTION, DEMANDS,
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OBLIGATIONS, DISPUTES, DAMAGES, LOSSES, EXPENSES, ATTORNEYS’ FEES, COSTS,
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LIABILITIES, AND ALL OTHER CLAIMS OF EVERY KIND AND NATURE WHATSOEVER, WHETHER
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KNOWN OR UNKNOWN, ANTICIPATED OR UNANTICIPATED, FORESEEN OR UNFORESEEN, ACCRUED
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OR UNACCRUED, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR RELATING TO LICENSEE’S
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USE OF THE SOFTWARE. NOTHING IN THIS SECTION SHOULD BE INTERPRETED TO REQUIRE
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LICENSEE TO INDEMNIFY LICENSOR, NOR REQUIRE LICENSOR TO INDEMNIFY LICENSEE.
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7. TERMINATION
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7.1. Violations of Ethical Standards or Breaching Duty of Care: If Licensee
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violates the Ethical Standards section or Licensee, or any other person or
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entity within the Supply Chain prior to a good or service reaching the Licensee,
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breaches its Duty of Care to Supply Chain Impacted Parties, Licensee must remedy
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the violation or harm caused by Licensee within 30 days of being notified of the
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violation or harm. If Licensee fails to remedy the violation or harm within 30
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days, all rights in the Software granted to Licensee by License will be null and
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void as between Licensor and Licensee.
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7.2. Failure of Notice: If any person or entity notifies Licensee in writing
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that Licensee has not complied with the Notice section of this License, Licensee
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can keep this License by taking all practical steps to comply within 30 days
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after the notice of noncompliance. If Licensee does not do so, Licensee’s
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License (and all rights licensed hereunder) will end immediately.
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7.3. Judicial Findings: In the event Licensee is found by a civil, criminal,
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administrative, or other court of competent jurisdiction, or some other
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adjudicating body with legal authority, to have committed actions which are in
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violation of the Ethical Standards or Supply Chain Impacted Party sections of
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this License, all rights granted to Licensee by this License will terminate
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immediately.
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7.4. Patent Litigation: If Licensee institutes patent litigation against any
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entity (including a cross-claim or counterclaim in a suit) alleging that the
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Software, all or part of the Software’s code, or a derivative work developed
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using the Software, including a portion of its code, constitutes direct or
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contributory patent infringement, then any patent license, along with all other
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rights, granted to Licensee under this License will terminate as of the date
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such litigation is filed.
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7.5. Additional Remedies: Termination of the License by failing to remedy harms
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in no way prevents Licensor or Supply Chain Impacted Party from seeking
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appropriate remedies at law or in equity.
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8. MISCELLANEOUS:
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8.1. Conditions: Sections 3, 4.1, 5.1, 5.2, 7.1, 7.2, 7.3, and 7.4 are
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conditions of the rights granted to Licensee in the License.
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8.2. Equitable Relief: Licensor and any Supply Chain Impacted Party shall be
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entitled to equitable relief, including injunctive relief or specific
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performance of the terms hereof, in addition to any other remedy to which they
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are entitled at law or in equity.
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8.3. Severability: If any term or provision of this License is determined to be
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invalid, illegal, or unenforceable by a court of competent jurisdiction, any
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such determination of invalidity, illegality, or unenforceability shall not
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affect any other term or provision of this License or invalidate or render
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unenforceable such term or provision in any other jurisdiction. If the
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determination of invalidity, illegality, or unenforceability by a court of
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competent jurisdiction pertains to the terms or provisions contained in the
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Ethical Standards section of this License, all rights in the Software granted to
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Licensee shall be deemed null and void as between Licensor and Licensee.
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8.4. Section Titles: Section titles are solely written for organizational
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purposes and should not be used to interpret the language within each section.
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8.5. Citations: Citations are solely written to provide context for the source
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of the provisions in the Ethical Standards.
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8.6. Section Summaries: Some sections have a brief italicized description which
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is provided for the sole purpose of briefly describing the section and should
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not be used to interpret the terms of the License.
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8.7. Entire License: This is the entire License between the Licensor and
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Licensee with respect to the claims released herein and that the consideration
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stated herein is the only consideration or compensation to be paid or exchanged
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between them for this License. This License cannot be modified or amended except
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in a writing signed by Licensor and Licensee.
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8.8. Successors and Assigns: This License shall be binding upon and inure to the
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benefit of the Licensor’s and Licensee’s respective heirs, successors, and
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assigns. |