HøLUG

H&oslashLUG Legal Code

Attribute-RequestCommercial-ShareAlike License 01.00
A Derivative Work (as defined below) based on the Creative Commons Corporation's
Attribution-NonCommercial-ShareAlike 1.0 License/Deed

THE H0CHIMINH [CITY] LINUX USER GROUP (HØLUG) IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL SERVICES. DISTRIBUTION OF THIS DRAFT LICENSE DOES NOT CREATE AN LAWYER-CLIENT RELATIONSHIP. HØLUG PROVIDES THIS INFORMATION ON AN "AS-IS" BASIS. HØLUG MAKES NO WARRANTIES REGARDING THE INFORMATION PROVIDED AND DISCLAIMS LIABILITY FOR ANY OR ALL DAMAGES RESULTING FROM ITS USE.

License

THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS HØLUG PUBLIC LICENSE ("HØPL" OR "LICENSE"). THE WORK IS PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE IS PROHIBITED.

BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.

1. Definitions

  1. "Collective Work" means a work, such as a periodical issue, anthology, compilation CD or CD-ROM, or an encyclopedia, in which the Work in its entirety in unmodified form, along with a number of other contributions, constituting separate and independent works in themselves, are assembled into a collective whole. A work that constitutes a Collective Work will not be considered a Derivative Work (as defined below) for the purposes of this License.
  2. "Derivative Work" means a work based upon the Work or upon the Work or other pre-existing works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which the Work is recast, transformed, or adapted. A work that constitutes a Collective Work (as defined above) will not be considered a Derivative Work for the purpose of this License.
  3. "Licensor" means the individual or entity that offers the Work under the terms of this License.
  4. "Original Author" means the individual or entity who created the Work.
  5. "Work" means the copyrightable work of authorship offered under the terms of this License.
  6. "You" means an individual or entity exercising rights under this License who has not previously violated the terms of this License with respect to the Work, or who has accepted the express offer of permission from the Licensor to exercise rights under this License whether that individual or entity has previously violated or is alleged to have violated this License, or any other applicable laws, or not.

2. Fair Use Rights. Nothing in this license is intended to reduce, limit, or restrict any rights arising from fair use, first sale or other limitations on the exclusive rights of the copyright owner under copyright law or other applicable laws.

3. License Grant. Subject to the terms and conditions of this License, Licensor hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) license to exercise the rights in the Work as stated below:

  1. to reproduce the Work, to incorporate the Work into one or more Collective Works, and to reproduce the Work as incorporated in the Collective Works;
  2. to create and reproduce Derivative Works;
  3. to distribute copies or phonorecords of, display publicly, perform publicly or perform publicly by means of a digital or electronic transmission the Work, including as incorporated in Collective Works;
  4. to distribute copies or phonorecords of, display publicly, perform publicly, and perform publicly by means of a digital or electronic transmission Derivative Works;

The above rights may be exercised in all media and formats whether now known or hereafter devised. The above rights include the right to make such modifications as are technically necessary to exercise the rights in other media and formats, provided such modifications do not constitute a violation of this License. All rights not expressly granted by Licensor are hereby reserved.

4. Restrictions. The license granted in Section 3 above is expressly made subject to and limited by the following restrictions:

  1. You may distribute, publicly display, publicly perform, or publicly digitally or electronically or otherwise perform the Work only under the terms of this License, if and only iff You include a readily accessible and legible copy of this License with every copy or phonorecord of the Work You distribute, publicly display, publicly perform, or publicly digitally or electronically or otherwise perform. If You distribute, publicly display, or digitally or electronically or otherwise publicly re-present the Work by means of the Internet, other computer network or other digital media, You may substitute a copy of this License with a Uniform Resource Locator (URL) by means of which any individual or entity receiving the Work from You can access and use a copy of this License, you must, to the extent practicable, ensure that any individual or entity thus receiving the Work from You can use that URL to access and use a copy of this License. You may not offer or impose any terms on the Work that alter or restrict the terms of this License or the recipients' exercise of the rights granted hereunder. You may not sublicense the Work. You must keep intact all notices that refer to this License and to the disclaimer of warranties. You may not distribute, publicly display, publicly perform, or publicly digitally perform the Work with any technological measures that control access or use of the Work in a manner inconsistent with the terms of this License Agreement. The above applies to the Work as incorporated in a Collective Work, but this does not require the Collective Work apart from the Work itself to be made subject to the terms of this License. If You create a Collective Work, upon notice from any Licensor You must, to the extent practicable, remove from the Collective Work any reference to such Licensor or the Original Author, as requested. If You create a Derivative Work, upon notice from any Licensor You must, to the extent practicable, remove from the Derivative Work any reference to such Licensor or the Original Author, as requested.
  2. You may distribute, publicly display, publicly perform, or publicly digitally, electronically or otherwise perform a Derivative Work only under the terms of this License, and You must include a copy of, or (as described above) the Uniform Resource Locator for, this License with every copy or phonorecord of each Derivative Work You distribute, publicly display, publicly perform, or publicly digitally, electronically or otherwise perform. You may not offer or impose any terms on the Derivative Works that alter or restrict the terms of this License or the recipients' exercise of the rights granted hereunder, and You must keep intact all notices that refer to this License and to the disclaimer of warranties. You may not distribute, publicly display, publicly perform, or publicly digitally, electronically or otherwise perform the Derivative Work with any technological measures that control access or use of the Work in a manner inconsistent with the terms of this License Agreement. The above applies to the Derivative Work as incorporated in a Collective Work, but this does not require the Collective Work apart from the Derivative Work itself to be made subject to the terms of this License.
  3. You may not exercise any of the rights granted to You in Section 3 above in any manner that is primarily intended for or directed toward commercial advantage or private monetary compensation before requesting and receiving express permission from the Licensor independent of any permissions included or implied in this License to exercise those rights in a manner that is primarily intended for or directed toward commercial advantage or private monetary compensation. The exchange of the Work for other copyrighted works by means of digital file-sharing or otherwise shall not be considered to be intended for or directed toward commercial advantage or private monetary compensation, provided there is no payment of any monetary compensation or exchange of other commercial advantage in connection with the exchange of copyrighted works.
  4. If you distribute, publicly display, publicly perform, or publicly digitally perform the Work or any Derivative Works or Collective Works, You must keep intact all copyright notices for the Work and give the Original Author credit reasonable to the medium or means You are utilizing by conveying the name (or pseudonym if applicable) of the Original Author if supplied; the title of the Work if supplied; in the case of a Derivative Work, a credit identifying the use of the Work in the Derivative Work (e.g., "French translation of the Work by Original Author," or "Screenplay based on original Work by Original Author"). Such credit may be implemented in any reasonable manner; provided, however, that in the case of a Derivative Work or Collective Work, at a minimum such credit will appear where any other comparable authorship credit appears and in a manner at least as prominent as such other comparable authorship credit.

5. Representations, Warranties and Disclaimer. BECAUSE THIS LICENSE UNDERTAKES TO OFFER TO PERMIT YOU TO EXERCISE THE RIGHTS DESCRIBED HEREIN WITHOUT CHARGE, PAYMENT OR ANY OTHER FORM OF COMMERCIAL COMPENSATION, THERE IS NO WARRANTY FOR THE WORK, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE WORK "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES REGARDING THE CONTENTS OR ACCURACY OF THE WORK, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE WORK IS WITH YOU. SHOULD THE WORK PROVE DEFECTIVE, INACCURATE OR OTHERWISE INADEQUATELY OR INCORRECTLY PERFORMING, YOU ASSUME ANY AND ALL LIABILITIES THAT MAY ARISE AS A CONSEQUENCE OF YOU EXERCISING THE RIGHTS OFFERED HEREIN OR OF YOU OTHERWISE USING THE WORK.

6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. Termination

  1. This License and the rights granted hereunder will terminate automatically upon any breach by You of the terms of this License. Individuals or entities who have received Derivative Works or Collective Works from You under this License, however, will not have their licenses terminated provided such individuals or entities remain in full compliance with those licenses. Sections 1, 2, 5, 6, 7, and 8 will survive any termination of this License.
  2. Subject to the above terms and conditions, the license granted here is perpetual (for the duration of the applicable copyright in the Work). Notwithstanding the above, Licensor reserves the right to release the Work under different license terms or to stop distributing the Work at any time; provided, however that any such election will not serve to withdraw this License (or any other license that has been, or is required to be, granted under the terms of this License), and this License will continue in full force and effect unless terminated as stated above.

8. Miscellaneous

  1. Each time You distribute or publicly digitally perform the Work or a Collective Work, the Licensor offers to the recipient a license to the Work on the same terms and conditions as the license granted to You under this License.
  2. Each time You distribute or publicly digitally perform a Derivative Work, Licensor offers to the recipient a license to the original Work on the same terms and conditions as the license granted to You under this License.
  3. If any provision of this License is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this License, and without further action by the parties to this agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
  4. No term or provision of this License shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by the party to be charged with such waiver or consent.
  5. This License constitutes the entire agreement between the parties with respect to the Work licensed here. There are no understandings, agreements or representations with respect to the Work not specified here. Licensor shall not be bound by any additional provisions that may appear in any communication from You. This License may not be modified without the mutual written agreement of the Licensor and You.

Because this License may be copied and used by other individuals or entitities licensing Works which HøLUG is not Licensor or Originator, except where HøLUG is Licensor or Originator of the Work described in this License, HøLUG is not a party to this License, and makes no warranty whatsoever in connection with the Work. HøLUG will not be liable to You or any party on any legal theory for any damages whatsoever, including without limitation any general, special, incidental or consequential damages arising in connection to this license. Notwithstanding the foregoing two (2) sentences, if HøLUG has expressly identified itself as the Licensor hereunder, it shall have all rights and obligations of Licensor.

HøLUG may be contacted at http://h0lug.sourceforge.net/ .

Copyright ©2004 AD Marshall: This information may be copied, distributed
or modified as per the cc:by-rc-sa-lesswar-01.00 license; NO WARRANTIES PROVIDED.