npl-builder/template.xml

<!-- -*- nxml -*- -->
<article version="5.0" xml:lang="en">
	<info>
		<title>Nonviolence Licenses Collection V7</title>
		<subtitle>DocBookv5 XML license text for license builder input.</subtitle>
	</info>
	<para>THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS COOPERATIVE NON-VIOLENT PUBLIC LICENSE ("LICENSE"). THE WORK IS PROTECTED BY COPYRIGHT AND ALL OTHER APPLICABLE LAWS. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED. BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED IN THIS LICENSE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE.TO THE EXTENT THIS LICENSE MAY BE CONSIDERED TO BE A CONTRACT, THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE IN AS CONSIDERATION FOR ACCEPTING THE TERMS AND CONDITIONS OF THIS LICENSE AND FOR AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE.</para>
	<section xml:id="definitions">
		<title>Definitions</title>
		<para>An Act of War is any action of one country against any group either with an intention to provoke a conflict or an action that occurs during a declared war or during armed conflict between military forces of any origin. This includes but is not limited to enforcing sanctions or sieges, supplying armed forces, or profiting from the manufacture of tools or weaponry used in military conflict.</para>
		<para>An Adaptation is a work based upon the Work, or upon the Work and other pre-existing works, such as a translation, adaptation, derivative work, arrangement of music or other alterations of a literary or artistic work, or phonogram or performance and includes cinematographic adaptations or any other form in which the Work may be recast, transformed, or adapted including in any form recognizably derived from the original, except that a work that constitutes a Collection will not be considered an Adaptation for the purpose of this License. For the avoidance of doubt, where the Work is a musical work, performance or phonogram, the synchronization of the Work in timed-relation with a moving image ("synching") will be considered an Adaptation for the purpose of this License. In addition, where the Work is designed to output  a neural network the output of the neural network will be considered an Adaptation for the purpose of this license.</para>
		<para>Bodily Harm is any physical hurt or injury to a person that interferes with the health or comfort of the person and that is more than merely transient or trifling in nature.</para>
		<para>Distribute is to make available to the public the original and copies of the Work or Adaptation, as appropriate, through sale, gift or any other transfer of possession or ownership.</para>
		<para>Incarceration is Confinement in a jail, prison, or any other place where individuals of any kind are held against either their will or (if their will cannot be determined) the will of their legal guardian or guardians. In the case of a conflict between the will of the individual and the will of their legal guardian or guardians, the will of the individual will take precedence.</para>
		<para>Licensor is The individual, individuals, entity, or entities that offer(s) the Work under the terms of this License</para>
		<para>Original Author is in the case of a literary or artistic work, the individual, individuals, entity or entities who created the Work or if no individual or entity can be identified, the publisher; and in addition </para>
		<itemizedlist>
			<listitem><para>in the case of a performance the actors, singers, musicians, dancers, and other persons who act, sing, deliver, declaim, play in, interpret or otherwise perform literary or artistic works or expressions of folklore;</para></listitem>
			<listitem><para>in the case of a phonogram the producer being the person or legal entity who first fixes the sounds of a performance or other sounds; and,</para></listitem>
			<listitem><para>in the case of broadcasts, the organization that transmits the broadcast.</para></listitem>
		</itemizedlist>
		<para>Work is the literary and/or artistic work offered under the terms of this License including without limitation any production in the literary, scientific and artistic domain, whatever may be the mode or form of its expression including digital form, such as a book, pamphlet and other writing; a lecture, address, sermon or other work of the same nature; a dramatic or dramatico-musical work; a choreographic work or entertainment in dumb show; a musical composition with or without words; a cinematographic work to which are assimilated works expressed by a process analogous to cinematography; a work of drawing, painting, architecture, sculpture, engraving or lithography; a photographic work to which are assimilated works expressed by a process analogous to photography; a work of applied art; an illustration, map, plan, sketch or three-dimensional work relative to geography, topography, architecture or science; a performance; a broadcast; a phonogram; a compilation of data to the extent it is protected as a copyrightable work; or a work performed by a variety or circus performer to the extent it is not otherwise considered a literary or artistic work.</para>
		<para>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 received express permission from the Licensor to exercise rights under this License despite a previous violation.</para>
		<para>Publicly Perform means to perform public recitations of the Work and to communicate to the public those public recitations, by any means or process, including by wire or wireless means or public digital performances; to make available to the public Works in such a way that members of the public may access these Works from a place and at a place individually chosen by them; to perform the Work to the public by any means or process and the communication to the public of the performances of the Work, including by public digital performance; to broadcast and rebroadcast the Work by any means including signs, sounds or images.</para>
		<para>Reproduce is to make copies of the Work by any means including without limitation by sound or visual recordings and the right of fixation and reproducing fixations of the Work, including storage of a protected performance or phonogram in digital form or other electronic medium.</para>
		<para>Software is any digital Work which, through use of a third-party piece of Software or through the direct usage of itself on a computer system, the memory of the computer is modified dynamically or semi-dynamically. "Software", secondly, processes or interprets information.</para>
		<para>Source Code is Any digital Work which, through use of a third-party piece of Software or through the direct usage of itself on a computer system, the memory of the computer is modified dynamically or semi-dynamically. "Software", secondly, processes or interprets information.</para>
		<para>Surveilling is the use of the Work to either overtly or covertly observe and record persons and or their activities.</para>
		<para>A Network Service is the use of a piece of Software to interpret or modify information that is subsequently and directly served to users over the Internet.</para>
		<para>To Discriminate is the use of a piece of Software to interpret or modify information that is subsequently and directly served to users over the Internet.</para>
		<para>Hate Speech is Communication or any form of expression which is solely for the purpose of expressing hatred for some group or advocating a form of Discrimination between humans.</para>
		<para>Coercion is leveraging of the threat of force or use of force to intimidate a person in order to gain compliance, or to offer large incentives which aim to entice a person to act against their will.</para>
	</section>
	<section xml:id="fair-dealing-rights">
		<title>Fair Dealing Rights</title>
		<para>Nothing in this License is intended to reduce, limit, or restrict any uses free from copyright or rights arising from limitations or exceptions that are provided for in connection with the copyright protection under copyright law or other applicable laws.</para>
	</section>
	<section xml:id="license-grant">
		<title>License Grant</title>
		<para>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:</para>
		<para role="right">To Reproduce the Work, to incorporate the Work into one or more Collections, and to Reproduce the Work as incorporated in the Collections</para>
		<para role="right">To create and Reproduce Adaptations provided that any such Adaptation, including any translation in any medium, takes reasonable steps to clearly label, demarcate or otherwise identify that changes were made to the original Work. For example, a translation could be marked "The original work was translated from English to Spanish," or a modification could indicate "The original work has been modified."</para>
		<para role="right">To Distribute and Publicly Perform the Work including as incorporated in Collections.</para>
		<para role="right">To Distribute and Publicly Perform Adaptations. 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. 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. All rights not expressly granted by Licensor are hereby reserved, including but not limited to the rights set forth in Non-waivable Compulsory License Schemes, Waivable Compulsory License Schemes, and Voluntary License Schemes in the restrictions.</para>
	</section>
	<section xml:id="restrictions">
		<title>Restrictions</title>
		<para>The license granted in the license grant above is expressly made subject to and limited by the following restrictions:</para>
		<para role="restriction">You may Distribute or Publicly Perform the Work only under the terms of this License. You must include a copy of, or the Uniform Resource Identifier (URI) for, this License with every copy of the Work You Distribute or Publicly Perform. You may not offer or impose any terms on the Work that restrict the terms of this License or the ability of the recipient of the Work to exercise the rights granted to that recipient under the terms of the License. You may not sublicense the Work. You must keep intact all notices that refer to this License and to the disclaimer of warranties with every copy of the Work You Distribute or Publicly Perform. When You Distribute or Publicly Perform the Work, You may not impose any effective technological measures on the Work that restrict the ability of a recipient of the Work from You to exercise the rights granted to that recipient under the terms of the License. This Section applies to the Work as incorporated in a Collection, but this does not require the Collection apart from the Work itself to be made subject to the terms of this License. If You create a Collection, upon notice from any Licensor You must, to the extent practicable, remove from the Collection any credit as requested. If You create an Adaptation, upon notice from any Licensor You must, to the extent practicable, remove from the Adaptation any credit as requested.</para>
		<section role="restriction-cooperative">
			<title>Commercial Restrictions</title>
			<para>You may not exercise any of the rights granted to You in the above section in any manner that is primarily intended for or directed toward commercial advantage or private monetary compensation unless you meet the following requirements.</para>
			<orderedlist numeration="lowerroman">
				<listitem><para>You are a worker-owned business or worker-owned collective.</para></listitem>
				<listitem><para>after tax, all financial gain, surplus, profits and benefits produced by the business or collective are distributed among the worker-owners unless a set amount is to be allocated towards community projects as decided by a previously-established consensus agreement between the worker-owners where all worker-owners agreed.</para></listitem>
				<listitem><para>You are not using such rights on behalf of a business other than those specified in (i) or (ii) above, nor are using such rights as a proxy on behalf of a business with the intent to circumvent the aforementioned restrictions on such a business.</para></listitem>
			</orderedlist>
			<para>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 in connection with the exchange of copyrighted works.</para>
		</section>
		<para role="restriction">If the Work meets the definition of Software, You may exercise the rights granted in the license grant only if You provide a copy of the corresponding Source Code from which the Work was derived in digital form, or You provide a URI for the corresponding Source Code of the Work, to any recipients upon request.</para>
		<para role="restriction">If the Work is used as or for a Network Service, You may exercise the rights granted in the license grant only if You provide a copy of the corresponding Source Code from which the Work was derived in digital form, or You provide a URI for the corresponding Source Code to the Work, to any recipients of the data served or modified by the Web Service.</para>
		<para role="restriction-cooperative">Any use by a business that is privately owned and managed, and that seeks to generate profit from the labor of employees paid by salary or other wages, is not permitted under this license.</para>
		<section role="restriction">
			<para>You may exercise the rights granted in the license grant for any purposes only if:</para>
			<orderedlist numeration="lowerroman">
				<listitem><para>You do not use the Work for the purpose of inflicting Bodily Harm on human beings (subject to criminal prosecution or otherwise) outside of providing medical aid or undergoing a voluntary procedure under no form of Coercion.</para></listitem>
				<listitem><para>You do not use the Work for the purpose of Surveilling or tracking individuals for financial gain.</para></listitem>
				<listitem><para>You do not use the Work in an Act of War.</para></listitem>
				<listitem><para>You do not use the Work for the purpose of supporting or profiting from an Act of War.</para></listitem>
				<listitem><para>You do not use the Work for the purpose of Incarceration.</para></listitem>
				<listitem><para>You do not use the Work for the purpose of extracting, processing, or refining, oil, gas, or coal. Or to in any other way to deliberately pollute the environment as a byproduct of manufacturing or irresponsible disposal of hazardous materials.</para></listitem>
				<listitem><para>You do not use the Work for the purpose of expediting, coordinating, or facilitating paid work undertaken by individuals under the age of 12 years.</para></listitem>
				<listitem><para>You do not use the Work to either Discriminate or spread Hate Speech on the basis of sex, sexual orientation, gender identity, race, age, disability, color, national origin, religion, caste, or lower economic status.</para></listitem>
				</orderedlist>
	</section>
	<section role="restriction-attribution">
		<para>If You Distribute, or Publicly Perform the Work or any Adaptations or Collections, You must, unless a request has been made by any Licensor to remove credit from a Collection or Adaptation, keep intact all copyright notices for the Work and provide, reasonable to the medium or means You are utilizing:</para>
		<orderedlist numeration="lowerroman">
			<listitem><para>the name of the Original Author (or pseudonym, if applicable) if supplied, and/or if the Original Author and/or Licensor designate another party or parties (e.g., a sponsor institute, publishing entity, journal) for attribution ("Attribution Parties") in Licensor's copyright notice, terms of service or by other reasonable means, the name of such party or parties;</para></listitem>
			<listitem><para>the title of the Work if supplied;</para></listitem>
			<listitem><para>to the extent reasonably practicable, the URI, if any, that Licensor to be associated with the Work, unless such URI does not refer to the copyright notice or licensing information for the Work; and,</para></listitem>
			<listitem><para>in the case of an Adaptation, a credit identifying the use of the Work in the Adaptation (e.g., "French translation of the Work by Original Author," or "Screenplay based on original Work by Original Author").</para></listitem>
		</orderedlist>
		<para>If any Licensor has sent notice to request removing credit, You must, to the extent practicable, remove any credit as requested. The credit required by this Section may be implemented in any reasonable manner; provided, however, that in the case of an Adaptation or Collection, at a minimum such credit will appear, if a credit for all contributing authors of the Adaptation or Collection appears, then as part of these credits and in a manner at least as prominent as the credits for the other contributing authors. For the avoidance of doubt, You may only use the credit required by this Section for the purpose of attribution in the manner set out above and, by exercising Your rights under this License, You may not implicitly or explicitly assert or imply any connection with, sponsorship or endorsement by the Original Author, Licensor and/or Attribution Parties, as appropriate, of You or Your use of the Work, without the separate, express prior written permission of the Original Author, Licensor and/or Attribution Parties.</para>
	</section>
		<para role="restriction-cooperative">Non-waivable Compulsory License Schemes. In those jurisdictions in which the right to collect royalties through any statutory or compulsory licensing scheme cannot be waived, the Licensor reserves the exclusive right to collect such royalties for any exercise by You of the rights granted under this License</para>
		<para role="restriction-cooperative">Waivable Compulsory License Schemes. In those jurisdictions in which the right to collect royalties through any statutory or compulsory licensing scheme can be waived, the Licensor reserves the exclusive right to collect such royalties for any exercise by You of the rights granted under this License if Your exercise of such rights is for a purpose or use which is otherwise than noncommercial as permitted under Commercial Restrictions and otherwise waives the right to collect royalties through any statutory or compulsory licensing scheme.</para>
		<para role="restriction-cooperative">Voluntary License Schemes. The Licensor reserves the right to collect royalties, whether individually or, in the event that the Licensor is a member of a collecting society that administers voluntary licensing schemes, via that society, from any exercise by You of the rights granted under this License that is for a purpose or use which is otherwise than noncommercial as permitted under the license grant.</para>
		<para role="restriction">Except as otherwise agreed in writing by the Licensor or as may be otherwise permitted by applicable law, if You Reproduce, Distribute or Publicly Perform the Work either by itself or as part of any Adaptations or Collections, You must not distort, mutilate, modify or take other derogatory action in relation to the Work which would be prejudicial to the Original Author'shonor or reputation. Licensor agrees that in those jurisdictions (e.g. Japan), in which any exercise of the right granted in the license grant of this License (the right to make Adaptations) would be deemed to be a distortion, mutilation, modification or other derogatory action prejudicial to the Original Author's honor and reputation, the Licensor will waive or not assert, as appropriate, this Section, to the fullest extent permitted by the applicable national law, to enable You to reasonably exercise Your right under the license grant of this License (right to make Adaptations) but not otherwise.</para>
		<para role="restriction">Do not make any legal claim against anyone accusing the Work, with or without changes, alone or with other works, of infringing any patent claim.</para>
	</section>
	<section xml:id="representations-warranties-and-disclaimer">
		<title>Representations Warranties and Disclaimer</title>
		<para>UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.</para>
	</section>
	<section xml:id="limitation-on-liability">
		<title>Limitation on Liability</title>
		<para>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.</para>
	</section>
	<section xml:id="termination">
		<title>Termination</title>
		<para>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 Adaptations or Collections from You under this License, however, will not have their licenses terminated provided such individuals or entities remain in full compliance with those licenses. The Sections on definitions, fair dealing rights, representations, warranties, and disclaimer, limitation on liability, termination, and revised license versions will survive any termination of this License.</para>
		<para>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.</para>
	</section>
	<section xml:id="revised-license-versions">
		<title>Revised License Versions</title>
		<para>This License may receive future revisions in the original spirit of the license intended to strengthen This License. Each version of This License has an incrementing version number.</para>
		<para>Unless otherwise specified like in the below subsection The Licensor has only granted this current version of This License for The Work. In this case future revisions do not apply.</para>
		<para>The Licensor may specify that the latest available revision of This License be used for The Work by either explicitly writing so or by suffixing the License URI with a "+" symbol.</para>
		<para>The Licensor may specify that The Work is also available under the terms of This License's current revision as well as specific future revisions. The Licensor may do this by writing it explicitly or suffixing the License URI with any additional version numbers each separated by a comma.</para>
	</section>
	<section xml:id="miscellaneous">
		<title>Miscellaneous</title>
		<para>Each time You Distribute or Publicly Perform the Work or a Collection, 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.</para>
		<para>Each time You Distribute or Publicly Perform an Adaptation, 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.</para>
		<para>If the Work is classified as Software, each time You Distribute or Publicly Perform an Adaptation, Licensor offers to the recipient a copy and/or URI of the corresponding Source Code on the same terms and conditions as the license granted to You under this License.</para>
		<para>If the Work is used as a Network Service, each time You Distribute or Publicly Perform an Adaptation, or serve data derived from the Software, the Licensor offers to any recipients of the data a copy and/or URI of the corresponding Source Code on the same terms and conditions as the license granted to You under this License.</para>
		<para>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.</para>
		<para>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.</para>
		<para>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.</para>
		<para>The rights granted under, and the subject matter referenced, in this License were drafted utilizing the terminology of the Berne Convention for the Protection of Literary and Artistic Works (as amended on September 28, 1979), the Rome Convention of 1961, the WIPO Copyright Treaty of 1996, the WIPO Performances and Phonograms Treaty of 1996 and the Universal Copyright Convention (as revised on July 24, 1971). These rights and subject matter take effect in the relevant jurisdiction in which the License terms are sought to be enforced according to the corresponding provisions of the implementation of those treaty provisions in the applicable national law. If the standard suite of rights granted under applicable copyright law includes additional rights not granted under this License, such additional rights are deemed to be included in the License; this License is not intended to restrict the license of any rights under applicable law.</para>
	</section>
</article>