 The Hacktivismo Enhanced-Source Software License Agreement
Everyone is permitted to copy and distribute verbatim copies of this license
document. You may use content from this license document as source material for
your own license agreement, but you may not use the name "Hacktivismo Enhanced-
Source Software License Agreement ," ("HESSLA") or any confusingly similar
name, trademark or service-mark, in connection with any license agreement that
is not either (1) a verbatim copy of this License Agreement, or (2) a license
agreement that contains only additional terms expressly permitted by The
HESSLA.
INTRODUCTORY STATEMENT
Software that Hacktivismo releases under this License Agreement is
intended to promote our political objectives. And, likewise, the purpose of
this License Agreement itself is political: Namely, to compliment the
software's intended political function. Hacktivismo itself exists to develop
and deploy computer software technologies that promote fundamental human rights
of end-users. Hacktivismo also seeks to enlist the active participation and
involvement of people around the world, to help us improve these software
tools, and to take other actions (including actions that involve using and
distributing our software, and the advancement of similarly-minded software
projects of others) that promote human rights and freedom worldwide.
     
Because of our non-commercial objective of promoting end-users' freedoms,
Hacktivismo has some special, and admittedly ambitious, licensing needs. This
License Agreement enhances the benefits of published source code by backing up
our human rights projects with appropriate remedies enforceable in court.
The Freedoms We Promote: When we speak of the freedom of end-users, we are
talking about basic freedoms recognized in the Hacktivismo Declaration,
the International Covenant on Civil and Political Rights, the Universal
Declaration of Human Rights, and other documents that recognize and
promote freedom and human dignity. Principal among these freedoms are:
    
Freedom of Expression: The freedom of opinion and expression "include[s]
freedom to seek, receive and impart information and ideas of all kinds,
regardless of frontiers," and the freedom to choose one's own medium of
expression. The arbitrary use of technological censorship measures to block or
prevent access to broad categories of speech and expression including the work
of critics, intellectuals, artists, journalists, and religious figures is
seldom, if ever, justified by any legitimate governmental objective. And, to
the extent that technology enables censorship decisions to be removed from
public scrutiny and review, technology-based censorship mechanisms are
especially suspect and dangerous to civil society. When repressive governments
and other institutions of power seek to deprive people of this basic freedom,
people have the right to secure, employ and deploy the tools necessary to
reclaim the freedoms to which they are justifiably entitled.
     
Freedom of Collective Action and Association: People have and should have the
"freedom of peaceful assembly and association." This freedom includes the
right of people to work together to secure constructive change in their
personal, economic, and political circumstances. When repressive governments or
other institutions of power seek to deprive people (including users of the
Internet) of their freedoms of voluntary assembly, association, and common
enterprise, people have the right to secure, employ and deploy technologies
that reclaim the freedoms to which they are justifiably entitled.
     
Freedoms of Thought, Conscience, Sexuality, and Religion: People have and
should have the freedom of "thought, conscience, and religion." This right
"includes freedom to change religion or belief, and freedom, either alone or in
community with others, in public or private, to manifest any religion or belief
in teaching, practice, worship and observance, regardless of doctrine."
Every person, regardless of sex or sexual preference, and with reciprocal
respect for the corresponding rights of all others, has and should have the
right to determine and choose, freely and without coercion, whether, how and
with whom he or she shall fully enjoy the most private and personal aspects of
human life, including individual sexuality, reproduction, and fertility.
Moreover, "[t]he explicit recognition and reaffirmation of the right of all
women to control all aspects of their health, in particular their own
fertility, is basic to their empowerment." When repressive governments and
other institutions of power seek to deprive people of these basic freedoms,
they have the right to secure, employ and deploy the tools necessary to reclaim
the freedoms to which they are justifiably entitled.
     
     Conference on Women (Sept. 15, 1995).
Freedom of Privacy: Every person has the right to be free from "subject[ion] to
arbitrary interference with his [or her] privacy, family, home or
correspondence" -- digitally, or by any other means or methodology. This
freedom of privacy includes the right to be free from governmental or private
surveillance that might interfere with or deter the rightful exercise of any
other freedoms of any person. In the context of software tools that enable
people to reclaim their freedoms, all end-users have and should have the right
to secure and use tools that are free from the surreptitious insertion into
their software of "backdoors," "spy-ware," escrow mechanisms, or other code or
techniques that might promote surveillance, or subvert security (including
cryptographic security), confidentiality, anonymity, authenticity and/or trust.
     
Reasons For Enhancing "Free" and "Open-Source" Licensing: Developing a new
software license is never a trivial task and this License Agreement has
presented special challenges for Hacktivismo. Because of our human rights
objectives, this License Agreement includes some specific terms and conditions
that, as a technical matter, depart from the previously-recognized and
established definitions of "free" software and "open source"
software.
     
We have therefore coined the term "enhanced source" to describe this License
Agreement because we have sought to combine most of the freedom-promoting
benefits of "free" or "open-source" software (including mandatory disclosure of
any changes or modifications Licensees make to the source code, whenever they
release modified versions of HESSLA-licensed Programs or other Derivative
Works), with additional enhanced license and contractual terms that are
intended to promote the freedom of end-users. The Hacktivismo Enhanced-Source
Software License Agreement promotes our objectives in an enhanced manner by
including contractual terms that empower both Hacktivismo and qualified end-
users with greater flexibility and leverage to maintain and recover human
rights, through the mechanism of the contract itself including terms that are
designed to enhance both our enforcement posture and that of qualified end-
users in court.
To be sure, Hacktivismo enthusiastically endorses and supports the goals and
objectives of the Free Software movement and those of the open source
community. In particular, we owe a special debt of gratitude to the Free
Software Foundation, to the Open Source Initiative, and to many exceedingly
talented people who have contributed to Free Software and open source projects
and endeavors over the years.
Ultimately, however, after reviewing the field of possibilities among
previously-existing "open source" and "free" licenses, Hacktivismo has
concluded that none of them fully meets our requirements. Writing our own
License Agreement enables us to pursue our human rights objectives more
effectively. This licensing endeavor represents a first step toward achieving
our objectives, and no doubt informed feedback, scholarship, and learned
commentary will enable us to pursue our objectives even more effectively in the
future.
Benefits That Carry Over From Free Software: Before we explain how an "enhanced
source" License Agreement specifically differs from a "free" or "open source"
license, we believe it is helpful to explain in greater detail what the
principal advantages, and freedom-enhancing aspects, of "free" software are.
When we speak of "free software," we refer to important personal freedoms, and
not price. In addition to terms that are intended to promote the freedoms of
Expression, Thought, Collective Action and Privacy (along with other human
rights) of all end-users, the Hacktivismo Enhanced-Source Software License
Agreement is also designed and intended to promote the following freedoms:
·You have the freedom to distribute copies of the software (and charge for this
service if You wish);
·You have the freedom of access to the source code, to inspect and verify (and
even to improve, if You can) the integrity and functionality of the software;
·So long as You do not subvert or infringe the freedoms of end-users by doing
so, You have the freedom to change the software or to use parts of it in new
Programs;
·You have the freedom to know You can do these things.
The licenses for most computer software programs are designed to take away Your
freedom to share software or change source code. This kind of software is
designated as proprietary or "closed." The Hacktivismo Enhanced-Source Software
License Agreement -- like other license agreements that have served as
inspiration for our work -- is intended to promote both Your freedom to share
our software with others, and Your freedom to change and improve the software.
Your right under this License Agreement to look at the source not only enables
You to contribute Your own efforts to Hacktivismo's human rights projects, but
also serves as an additional level of assurance to You as an end-user that
unwelcome, hidden surprises have not been inserted into the software, that
could compromise Your rights and freedoms when You use the software.
HESSLA Helps Safeguard Additional End-User Freedoms: In order to understand why
this License Agreement must be described as "enhanced source," and cannot
strictly speaking be considered either a "free" or "open source" license
agreement, it is helpful to consider the possibility that a programmer might
insert malicious code, such as a computer virus, a keystroke logger, or
"spyware" into a program that has previously been released under a "free
software" license agreement. The act of inserting malicious code into
software, if done by a private individual or company (though many governments
will contend they are not required to play by the same rules as the rest of
us), may well violate criminal laws and result in civil tort liability. It is,
of course, also possible to deter such malicious behavior by including, in a
software license agreement, a specific contractual term that prohibits such
behavior meaning that any licensee who violates the prohibition against
malicious code can be sued by the licensor (or by third-party beneficiaries who
the licensor has explicitly identified as alternate or additional enforcers of
the agreement) for money damages and a court order forbidding any continued
violation.
     
Previous Licenses Provide More Limited Protection Against Government and Other
Surveillance: No software license agreement that qualifies as "free" or "open
source" may contain any restriction as a term of the license agreement that in
any way qualifies any Licensee's prerogative (no matter who they are or what
their motives may be) to make changes to code. In other words, an "open source"
license agreement, to qualify for the "open source" label, may not even contain
a term that prohibits the insertion of destructive viruses or "trojan horses"
into derivative code. Likewise, no "free" or "open source" license agreement
can in any way contain (as a license term) any restriction on the use of
software not even a prohibition against unlawful surveillance or other
malicious uses of the software.
The "open source" and "Free Software" communities rely principally on voluntary
compliance with the disclosure provisions of license agreements (although
many "free" and "open source" license agreements, such as BSD-style licenses,
do not require changed code to be disclosed, and in fact enable modified
versions of programs to be "taken proprietary") and on social mechanisms of
enforcement, as means to detect, prevent, deter, and remedy abuses.
     
The Hacktivismo Enhanced-Source Software License Agreement does not in any way
sacrifice or surrender the enforcement techniques and safeguards available
under license agreements such as the GNU General Public License. Rather, the
HESSLA enhances the options available to Hacktivismo and to qualified end-
users, by providing additional enforcement options. Moreover, for the purpose
of promoting the freedoms of both programers and end-users, through the
enforced mandatory disclosure of code modified by third-parties, this License
Agreement has advantages over many of the licenses (such as BSD-style licenses)
that fully qualify as "free" or "open-source" license agreements.
What makes this License Agreement an "enhanced source" License Agreement,
instead of a "free software" license agreement, is that the Hacktivismo
Enhanced-Source Software License Agreement contains specific, very limited
restrictions on modification and use of software by Licensees, as part of a
calculated trade-off of rights and responsibilities that is intended to promote
the freedom of end-users.
The Enhanced-Source Bargain Reinforces End-User Freedoms: To protect Your
rights, we need to make restrictions that forbid anyone to deny You specific
rights or to ask You to surrender these rights. To protect Your human rights as
an end-user of this program or any work based on it, we need to make
restrictions that forbid You and all other Licensees of this software
(including, without limitation, any government Licensees) from using this code
to subvert the human rights of any end-user.
We protect Your rights and the rights of all end-users with two steps: (1)
copyright the software, and (2) offer You this License Agreement which gives
You qualified legal permission to copy, distribute and/or modify the software.
The restrictions shared by all Licensees translate into certain
responsibilities for You and for everyone else (including governmental entities
everywhere) if You distribute copies of the software, if You use it, or if You
modify it.
In this regard, the methodology we employ is not materially different from the
methodology Free Software Foundation employs in the GNU General Public License
(the "GPL"). The methodology is to exchange the Author's permission to copy,
change, and/or distribute a copyrighted work, for every Licensee's acceptance
of terms and conditions that promote the licensor's objectives. In both this
License Agreement and the GPL, the terms and conditions that each Licensee must
accept are intended to discriminate against certain very narrow, limited kinds
of human endeavor, that are inconsistent with the licensor's political
objectives. In other words, the GPL requires each Licensee to promise not to
engage in the activity of 'propertizing,' or 'taking proprietary,'
modifications to GPLed code; modified code must also be released under the GPL,
and cannot be released in the form of "closed" executables, or otherwise be
made "proprietary." Likewise, the Hacktivismo Enhanced Source Software License
Agreement discriminates against undesirable activity such as surveillance,
introduction of certain kinds of malicious code, and human rights violations,
as well as discriminating against "propertizing" behavior such as might violate
the GPL. Subject to these narrow restrictions, Licensees under either license
agreement enjoy very broad latitude to change, use, explore, modify, and
distribute the software much broader than they would enjoy with typical
"proprietary" software packages.
As with "copyleft" licenses such as the GPL, under the Hacktivismo Enhanced
Source Software License Agreement, programmers (including, most importantly,
programmers working for governments) do not have unfettered or completely
unlimited "freedom" for purposes of what they can do with HESSLA-licensed code.
Just as with the GPL, they do not have the "freedom" to convert HESSLA-licensed
code into "closed" or "proprietary" code. People who create derivative works
based on an HESSLA-licensed program and distribute those works have a
corresponding obligation to "give back," and not merely to "take," HESSLA-
licensed code.
If You distribute copies of such an HESSLA-licensed program, whether gratis or
for a fee, You must give the recipients all the rights and responsibilities
that You have. You must ensure that they, too, are told of the terms of this
License Agreement, including the freedoms they have, and the kinds of uses and
modifications that are forbidden. You must communicate a copy of this License
Agreement to them as part of any copy, modification, or re-use of source or
object code, so they know their rights and responsibilities.
Thus, the main difference between this License Agreement and the GPL is not the
methodology we employ, but the scope and breadth of the political
objectives we seek to promote. Simply put, the political objectives we promote
are somewhat broader than the explicit political goals that the Free Software
Foundation seeks to promote through the GPL. Our goals include a somewhat
broader range of human rights than the specific copyright-related rights with
which the GPL is principally concerned. But, while we are concerned with the
entire field of human rights rather than a subset, we want to make it perfectly
clear that we also embrace, share, and seek to promote, the goals we share with
the Free Software movement.
     
Compared with the GPL, aspects of the HESSLA give both end-users and
programmers (including, most importantly, governmental end-users and
programmers) marginally less leeway to make malicious use of the program, or to
insert malicious code into a program, than they would have under a traditional
"copyleft" software license. These aspects of the HESSLA (such as the
requirement that the program cannot be used to violate human rights, or
forbidding the insertion of "spy-ware" or surveillance mechanisms into
derivative works) are included because our ultimate objective is to preserve
and promote the human rights of end-users, including their privacy and their
right of free expression.
In other words, unlike many programmers, we are not just in the business of
developing and distributing open-standards technologies. We're also trying to
empower end-users (including end-users in totalitarian regimes) with software
tools that promote fundamental freedoms while also seeking as best we can to
protect these end-users from being arrested, beaten, or worse. Our objective of
promoting end-user freedoms, including the freedoms of people in politically
repressive countries, is precisely the factor that has led Hacktivismo to
develop this License Agreement instead of using another.
The HESSLA Also Includes Features To Enhance Government Accountability: To this
end, we have sought and intend to ensure, to the fullest extent that law
(including, without limitation, the law of contract and of copyright licensing)
enables us to do so, that no government or other institution may do
anything with this computer software or the underlying source code without
becoming a Licensee bound by the terms of this License Agreement, subject to
the same restrictions on modification and use as anyone else.
     
Accordingly, this License Agreement includes several terms that are aimed
explicitly at governmental entities, in order to maximize enforceability
against such entities. Respect for the Rule of Law means that no governmental
entity is above the law, and that no governmental entity should be permitted to
use its status as a mechanism for circumventing the requirements of this
License Agreement.
Any use, copying or modification of this software by any governmental official
or governmental entity anywhere in the world is a voluntary act, which act the
governmental official or entity is free to forego if it does not wish to be
bound by this License Agreement. This License Agreement seeks to establish as
clearly as possible two important checks on the improper use of government
power. First, the voluntary election to use, copy, or modify, this software by
any government or governmental official constitutes a waiver of all immunities
that might otherwise be asserted, against enforcement of this License Agreement
by the Author, or assertion by end-users or others of any human rights laws
that may have been violated by a government employing the Software. Second, any
such government or governmental official not only subjects itself to
enforcement action in its own courts, but also explicitly and voluntarily
subjects itself to enforcement action in the courts of other nations that are
likely to be more objective, for the purpose of giving effect to the terms of
this License Agreement.
Mechanism of Contract Acceptance: This License Agreement treats any use of the
software as acceptance of the terms of this License Agreement. To understand
the significance of this, it is important to distinguish between the law
governing copyright and the law governing offer and acceptance for the purpose
of contract formation (which gives the offeror the power to specify the manner
of acceptance). The question of whether copyright confers an exclusive right of
use on the author of a program is certainly an interesting one. Under United
States law, see 17 U.S.C.  117(a)(1), a limited exception to the exclusive
right to copy exists if one makes a second copy "created as an essential step
in the utilization of the computer program in conjunction with a machine and
that it is used in no other manner." This License Agreement presupposes that
there is no exclusive right to use in the Copyright Act, just an exclusive
right to copy. However, You may not make a copy for anyone else unless they are
subject to the terms of this License Agreement. Nor may You permit anyone to
use Your copy or any other copy You have made unless they are subject to the
terms of this License Agreement. You may not make a copy for Your own use or
the use of anyone else without the Author's leave to make that copy. And any
use, modification, copying, or distribution by anyone constitutes acceptance of
the License Agreement, for purposes of contract law. In other words, the
License Agreement is designed so that there is no loophole permitting anyone to
claim the ability to use, copy, distribute, or modify the Program or any
Software based on it without subjecting themselves voluntarily to its terms.
On "Shrinkwrap," "Click-Wrap," "Use-Wrap" and "Copy-Wrap" License Agreements:
Arguably, some kinds of software license agreements have more in common with
legislation than they do with the bargained-for, negotiated agreements that
come to mind when most people think of "contracts." Particularly if a software
licensor has sufficient market power to be deemed a monopoly, or if certain
proposed expansions of the law of software licensing, masquerading as
"codifications," are widely adopted, the ability of a private entity to impose
legal prohibitions and duties on virtually everyone else as though the licensor
has assumed powers that customarily belong to legislative bodies is both
breathtaking and deeply troubling. Of course, we are hardly the first to
distribute software under a license agreement that imposes conditions on a
take-it-or-leave-it basis. This technique is, as everyone knows, extremely
common with proprietary software. And some of the conditions unilaterally
imposed by proprietary licensors range from the ridiculous to the obscene. But
even certain kinds of "free" and "open-source" software licenses, such as the
GPL, depend on the continued viability of legal rules that enable at least some
reasonable conditions to be imposed by software licensors on a take-it-or-
leave-it basis, with essentially automated methods of acceptance. Courts have
been divided as to how far these kinds of licensor-driven automated agreements
can go. And we cannot say that we will be unhappy if courts or legislatures
ultimately reach a consensus that sharply limits what conditions licensors can
impose through such mechanisms. However, while the law is still developing, we
think nothing could be more appropriate than to enlist the techniques that
institutions of power have used to limit freedom and instead to re-purpose the
techniques of "copy-wrap" or "use-wrap" licensing by putting them to use for
humanitarian purposes and using them to promote the human rights of end-users.
To deny us the use of these techniques, courts and other law-making
institutions would be required simultaneously to disarm, to the same degree,
proprietary software manufacturers that possess vast market power. And, unlike
the conditions imposed by many proprietary vendors, the conditions we impose
through this License Agreement are hardly onerous for any end-user (unless, of
course, the end-user wants to act maliciously or engage in surveillance).
No Warranty: Next, for each author's protection and our own, we want to make
certain that everyone understands that there is no warranty for this software.
And, if the software is modified by someone else and passed on, we want its
recipients to know that what they have is not the original, so that any
problems introduced by others will not reflect on the original authors'
reputations.
Software Patents: Software patents constantly threaten any project such as this
one. We wish to avoid the danger that redistributors of a HESSLA-licensed
program will individually obtain patent licenses, in effect making the program
proprietary. To prevent this, we have included terms by which any Author must,
if it has patented (or licensed a patent covering) any technology embodied in
any Program or Software released under this License Agreement, grant all HESSLA
Licensees of the Program or Software a royalty-free license of that technology.
Any Licensees who release derivative works, as permitted by this License
Agreement, are required to grant a royalty-free patent license of any patented
technology.
Anyone Can Release Original Software Under The HESSLA: Although this License
Agreement is drafted with Hacktivismo's objectives in mind, perhaps it will
meet other authors' needs as well. If You are considering using this License
Agreement for Your own software (meaning the code is not a work based on
Hacktivismo's program in which case all derivative works must be released under
this License Agreement but rather Your code is original software that You have
developed yourself) and if You have no special reason to prefer this License
Agreement to some license that has a more robust and widely-understood track-
record, then in most instances we encourage You to use the GPL (or, even
better, release concurrently under both the HESSLA and the GPL), because a
considerable body of interpretive literature and community custom has grown up
around that License Agreement. The Open Software License, see < http://
www.rosenlaw.com/osl.html >, is newer and has less of a track record. But You
may also want to consider that licensing option (as well as the option of
concurrent OSL/HESSLA licensing).
Any author of original software can release that software under this License
Agreement, if You choose to do so; not just Hacktivismo. Hacktivismo is the
author and owner of software released by Hacktivismo under this License
Agreement. But original software released by other Authors would be owned and
licensed by them.
Ultimately, we think it is important to emphasize to other Authors that
Programs they have written can be released under both the HESSLA and some other
license simultaneously (for, example, a program that is presently GPLed by its
Author can be released simultaneously under both the GPL and the HESSLA, at the
Author's discretion). If You are an Author of original work, You need neither
the permission of the Free Software Foundation nor of Hacktivismo to elect to
release software simultaneously under both licenses. The advantage of such a
voluntary double-licensing is that it will enable developers to produce hybrid
software packages (combining the functionality available through, say,
Hacktivismo's Six-Four APIs, with some of the functionality of one or more
popular GPL-licensed communications programs) and to release the hybrid
packages under the HESSLA, without causing those developers to run afoul of the
GPL, the HESSLA or both. Such an arrangement maximizes the potential benefit to
both the developer community and to end-users worldwide. Software released
under a BSD-style license, as a general matter, can be used to produce a hybrid
program, mixing HESSLA-licensed code with code that was previously subject to a
BSD license. The HESSLA requires that, in such an instance, the hybrid code
must be released under the HESSLA (to avoid weakening the end-user protections
and affirmative rights afforded by the HESSLA). Hacktivismo is more than happy
to consult with any software developer about the license terms that should
apply to any Software that is derivative of any Program of which Hacktivismo is
Author. If another Author has released code under the HESSLA, then that Author
has primary decision-making authority about the manner in which his her or its
software is licensed, but Hacktivismo is happy to field any questions hat may
be posed by such an Author or by any developer who is building on another
Author's HESSLAed code.
License Revisions: This License Agreement is subject to revision, prior to the
release of the Hacktivismo Enhanced-Source Software License Agreement, Version
1.0. We invite interested parties from the international academic and legal
communities to offer comments and suggestions on ways to improve this License
Agreement, prior to the time that The HESSLA version 1.0 is released.
The terms of the latest and most up-to-date version of this License Agreement,
up to and including version 1.0, shall be deemed automatically to supersede the
terms of any lower-numbered version of this License Agreement with respect to
any Licensee who became a Licensee under the lower-numbered version of the
HESSLA.
The terms of the latest and most up-to-date version of this License Agreement
will always be published on the Hacktivismo Website, http://
www.hacktivismo.com/.
The precise terms and conditions for copying, distribution, use and
modification follow.
TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION, USE AND/OR MODIFICATION
0. DEFINITIONS. The following are defined terms that, whenever used in this
License Agreement, have the following meanings:
0.1 Author: "Author" shall mean the copyright holder of an Original Work (the
"Program") released by the Author under this License Agreement.
0.2 Copy: "Copy" shall mean everything and anything that constitutes a copy
according to copyright law, without limitation. A "copy" does not become
anything other than a "copy" merely because, for example, a governmental or
institutional employee duplicates the Program or a part of it for another
employee of the same institution or Governmental Entity, or merely because it
is copied from one computer to another, or from one medium to another, or
multiple copies are made on the same medium, within the same institutional or
Governmental Entity.
0.3 Derivative Work: A "Derivative Work" or "work based on the Program" shall
mean either the Program itself or any work containing the Program or a portion
of it, either verbatim or with modifications and/or translated into another
language. (Hereinafter, translation is included without limitation in the term
"modification."). In the unlikely event that, and to the extent that, this
contractual definition of "Derivative Work" is later determined by any tribunal
or dispute-resolution body to be different is scope from the meaning of
"derivative work" under the copyright law of any country, then the broadest and
most encompassing possible definition either the contractual definition of
"Derivative Work," or any broader and more encompassing statutory or legal
definition, shall control. Acceptance of this contractually-defined scope of
the term "Derivative Work" is a mandatory pre-condition for You to receive any
of the benefits offered by this License Agreement.
0.3.1 Mere aggregation of another work not based on the Program with the
Program (or with a Derivative Work based on the Program) on a volume of a
storage or distribution medium does not bring the other work under the scope of
this License Agreement.
0.4 License Agreement: When used in this License Agreement, the terms "this
License" or "this License Agreement" shall mean The Hactivismo Enhanced-Source
Software License Agreement, v. 0.1, or any subsequent version made applicable
under the terms of Section 15.
0.5 Licensee: The term "Licensee" shall mean You or any other Licensee, whether
or not a Qualified Licensee.
0.6 Original Work: "Original Work" shall mean a Program or other work of
authorship, or portion thereof, that is not a Derivative Work.
0.7 Program: The "Program," to which this License Agreement applies, is the
Original Work (including, but not limited to, computer software) released by
the Author under this License Agreement.
0.8 Qualified Licensee: A "Qualified Licensee" means a Licensee that remains in
full compliance with all terms and conditions of this License Agreement. You
are no longer a Qualified Licensee if, at any time, You violate any terms of
this License Agreement. Neither the Program nor any Software based on the
Program may be copied, distributed, performed, displayed, used or modified by
You, even for Your own purposes, unless You are a Qualified Licensee. A
Licensee other than a Qualified Licensee remains subject to all terms and
conditions of this License Agreement, and to all remedies for each cumulative
violation as set forth herein. Loss of the status of Qualified Licensee
signifies that violation of any terms of the License Agreement subjects a
Licensee to loss of most of the benefits that Qualified Licensees enjoy under
this License Agreement, and to additional remedies for all violations occurring
after the first violation.
0.9 Software: "Software" or "the Software" shall mean the Program, any
Derivative Work based on the Program or a portion thereof, and/or any modified
version of the Program or portion thereof, without limitation.
0.10 Source Code: The term "Source Code" shall mean the preferred form of a
Program or Original Work for making modifications to it and all available
documentation describing how to access and modify that Program or Original
Work.
0.10.1 For an executable work, complete Source Code means all the Source Code
for all modules it contains, plus any associated interface definition files,
plus the scripts used to control compilation and installation of the
executable. However, as a special exception, the Source Code distributed need
not include anything that is normally distributed (in either source or binary
form) with the major components (compiler, kernel, and so on) of the operating
system on which the executable runs, unless that component itself accompanies
the executable.
0.10.2 "Object Code:" Because of certain peculiarities of current export-
control rules, "object code" of the Program, or any modified version of the
Program, or Derivative Work based on the Program, must not be exported except
by way of distribution that is ancillary to the distribution of the Source
Code. The "Source Code" shall be understood as the primary content transferred
or exported by You, and the "object code" shall be considered as merely an
ancillary component of any such export distribution.
0.11 Strong Cryptography: "Strong Cryptography" shall mean cryptography no less
secure than (for example, and without limitation) a 2048-bit minimum key size
for RSA encryption, 1024-bit minimum key size for Diffie-Hellman (El Gamal), or
a 256-bit minimum key size for AES and similar symmetric ciphers.
0.12 Substandard Key-Selection Technique: The term "Substandard Key-Selection
Technique" shall mean a method or technique to cause encryption keys to be more
easily guessed or less secure, such as by (i) causing the selection of keys to
be less than random, or (ii) employing a selection process that selects among
only a subset of possible keys, instead of from among the largest set of
possible keys that can securely be used consistent with contemporary knowledge
about the cryptographic techniques employed by You. The following illustrations
elaborate on the foregoing definition:
0.12.1 If the key-generation or key-selection technique for the encryption
algorithm You employ involves the selection of one or more prime numbers, or
involves one or more mathematical functions or concatenations performed on one
or more prime numbers, then each prime number should be selected from a very
large set of candidate prime numbers, but not necessarily from the set of all
possible prime numbers (e.g., inclusion of the number 1 in the candidate set,
for example, may in some instances reduce rather than enhance security), and
absolutely not from any artificially small set of candidate primes that makes
the guessing of a key easier than would be the case if a secure key-generation
technique were employed. In all instances, the primes should be selected at
random from among the candidate set. If there is a customary industry standard
for maximizing the security associated with the key-generation or key-selection
technique for the cryptosystem You select, then (with attention also to the
requirements of Section 0.11), You should employ a key-generation or selection
technique no less secure than the customary industry standard for secure use of
the cryptosystem.
0.12.2 If the key-generation or key-selection technique for the encryption
algorithm You employ involves the selection of a random integer, or the
transformation of a random integer through one or more mathematical processes,
then the selection of the integer shall be at random from the largest possible
set of all possible integers consistent with the secure functioning of the
encryption algorithm. It shall not be selected from an artificially small set
of integers (e.g., if a 256-bit random integer serves as the key, then You
could not set 200 of the 256 bits as "0," and randomly generate only the
remaining 56 bits producing effectively a 56-bit keylength instead of using the
full 256 bits).
0.12.3 In other words, Your key-generation technique must promote security to
the maximum extent permitted by the cryptographic method(s) and keylength You
elect to employ, rather than facilitating eavesdropping or surveillance in any
way. The example of GSM telephones, in which 16 of 56 bits in each encryption
key were set at "0," thereby reducing the security of the system by a factor of
65,536, is particularly salient. Such artificial techniques to reduce the
security of a cryptosystem by selecting keys from only a less-secure or
suboptimal subset of possible keys, is prohibited and will violate this License
Agreement if any such technique is employed in any Software.
0.13 You: Each Licensee (including, without limitation, Licensees that have
violated the License Agreement and who are no longer Qualified Licensees, but
who nevertheless remain subject to all requirements of this License Agreement
and to all cumulative remedies for each successive violation), is referred to
as "You."
0.13.1 Governmental Entity: "You" explicitly includes any and all "Governmental
Entities," without limitation. "Governmental Entity" or "Governmental
Entities," when used in this License Agreement, shall mean national
governments, sub-national governments (for example, and without limitation,
provincial, state, regional, local and municipal governments, autonomous
governing units, special districts, and other such entities), governmental
subunits (without limitation, governmental agencies, offices, departments,
government corporations, and the like), supra-national governmental entities
such as the European Union, and entities through which one or more governments
perform governmental functions or exercise governmental power in coordination,
cooperation or unison.
0.13.2 Governmental Person: "You" also explicitly includes "Governmental
Persons." The terms "Governmental Person" or "Governmental Persons," when used
in this License Agreement, shall mean the officials, officers, employees,
representatives, contractors and agents of any Governmental Entity.
1. Application of License Agreement. This License Agreement applies to any
Program or other Original Work of authorship that contains a notice placed by
the Author saying it may be distributed under the terms of this License
Agreement. The preferred manner of placing such a notice is to include the
following statement immediately after the copyright notice for such an Original
Work:
     "Licensed under the Hacktivismo Enhanced-Source Software License
     Agreement, Version 0.1"
2. Means of Acceptance Use, Copying, Distribution or Modification By Anyone
Constitutes Acceptance. Subject to Section 14.1 (concerning the special case of
certain Governmental Entities) any copying, modification, distribution, or use
by You of the Program or any Software, shall constitute Your acceptance of all
terms and conditions of this License Agreement.
2.1 As a Licensee, You may not authorize, permit, or enable any person to use
the Program or any Software or Derivative Work based on it (including any use
of Your copy or copies of the Program) unless such person has accepted this
License Agreement and has become a Licensee subject to all its terms and
conditions.
2.2 You may not make any copy for Your own use unless You have accepted this
License Agreement and subjected yourself to all its terms and conditions.
2.3 You may not make a copy for the use of any other person, or transfer a copy
to any other person, unless such person is a Licensee that has accepted this
License Agreement and such person is subject to all terms and conditions of
this License Agreement.
2.4 It is not the position of Hacktivismo that copyright law confers an
exclusive right to use, as opposed to the exclusive right to copy the Software.
However, for purposes of contract law, any use of the Software shall be
considered to constitute acceptance of this License Agreement. Moreover, all
copying is prohibited unless the recipient of a copy has accepted the License
Agreement. Because each such recipient Licensee is contractually obligated not
to permit anyone to access, use, or secure a copy of the Software, without
first accepting the terms and conditions of this License Agreement, use by non-
Licensees is effectively prohibited contractually because nobody can obtain a
copy of, or access to a copy of, any Software without (1) accepting the License
Agreement through use, and (2) triggering some Licensee's obligation to require
acceptance as a precondition of copying or access.
3. "Qualified Licensee" Requirement: Neither the Program nor any Software or
Derivative Work based on the Program may be copied, distributed, displayed,
performed, used or modified by You, even for Your own purposes, unless You are
a "Qualified Licensee." To remain a Qualified Licensee, You must remain in full
compliance with all terms and conditions of this License Agreement.
4. License Agreement Is Exclusive Source of All Your Rights:
4.1 You may not copy, modify, or distribute the Program, or obtain any copy,
except as expressly provided under this License Agreement. Any attempt
otherwise to copy, modify, obtain a copy, sublicense or distribute the Program
is void, and will automatically terminate Your rights under this License
Agreement and subject You to all cumulative remedies for each successive
violation that may be available to the Author. However, Qualified Licensees who
have received copies from You (and thereby have received rights from the
Author) under this License Agreement, and who would otherwise qualify as
Qualified Licensees, will not have their rights under their License Agreements
suspended or restricted on account of anything You do, so long as such parties
remain in full compliance.
4.2 You are not required to accept this License Agreement and prior to the time
You elect to become a Licensee and accept this License Agreement, You may
always elect instead not to copy, use, modify, distribute, compile, or perform
the Program or any Software released under this License Agreement. However,
nothing else grants You permission to copy, to obtain or possess a copy, to
compile a copy in object code or executable code from a copy in source code, to
modify, or to distribute the Program or any Software based on the Program.
These actions are prohibited by law if You do not accept this License
Agreement. Additionally, as set forth in Section 2, any use, copying or
modification of the Software constitutes acceptance of this License Agreement
by You.
4.3 Each time You redistribute the Program (or any Software or Derivative Work
based on the Program), the recipient automatically receives a License Agreement
from the Author to copy, distribute, modify, perform or display the Software,
subject to the terms and conditions of this License Agreement. You may not
impose any further restrictions on the recipients' exercise of the rights
granted herein. You are not responsible for enforcing compliance by third
parties to this License Agreement. Enforcement is the responsibility of the
Author.
5. Grant of Source Code License.
5.1 Source Code Always Available from Author: Author hereby promises and agrees
except to the extent prohibited by export-control law to provide a machine-
readable copy of the Source Code of the Program at the request of any Licensee.
Author reserves the right to satisfy this obligation by placing a machine-
readable copy of the Source Code of the most current version of the Program in
an information repository reasonably calculated to permit inexpensive and
convenient access by You for so long as Author continues to distribute the
Program, and by publishing the address of that information repository in a
notice immediately following the copyright notice that applies to the Program.
Every copy of the Program distributed by Hacktivismo (but not necessarily every
other Author) consists of the Source Code accompanied, in some instances, by an
ancillary distribution of compiled Object Code, but the continued availability
of the Source Code from the Author addresses the possibility that You might
have (for any reason) not received from someone else a complete, current, copy
of the Source Code (lack of which would, for example, prevent You from
exporting copies to others without violating this license, see Section 8).
5.2 Grant of License. If and only if, and for so long as You remain a Qualified
Licensee, in accordance with Section 3 of this License Agreement, Author hereby
grants You a world-wide, royalty-free, non-exclusive, non-sublicensable
copyright license to do the following:
5.2.1 to reproduce the Source Code of the Program in copies;
5.2.2 to prepare Derivative Works based upon the Program and to edit or modify
the Source Code in the process of preparing such Derivative Works;
5.2.3 to distribute copies of the Source Code of the Original Work and/or of
Derivative Works to others, with the proviso that copies of Original Work or
Derivative Works that You distribute shall be licensed under this License
Agreement, and that You shall fully inform all recipients of the terms of this
License Agreement.
6. Grant of Copyright License. If and only if, and for so long as You remain a
Qualified Licensee, in accordance with Section 3 of this License Agreement,
Author hereby grants You a world-wide, royalty-free, non-exclusive, non-
sublicensable license to do the following:
6.1 to reproduce the Program in copies;
6.2 to prepare Derivative Works based upon the Program, or upon Software that
itself is based on the Program;
6.3 to distribute (either by distributing the Source Code, or by distributing
compiled Object Code, but any export of Object Code must be ancillary to a
distribution of Source Code) copies of the Program and Derivative Works to
others, with the proviso that copies of the Program or Derivative Works that
You distribute shall be licensed under this License Agreement, that You shall
fully inform all recipients of the terms of this License Agreement;
6.4 to perform the Program or a Derivative Work publicly;
6.5 to display the Program or a Derivative Work publicly; and
6.6 to charge a fee for the physical act of transferring a copy of the Program
(You may also, at Your option, offer warranty protection in exchange for a
fee).
7. Grant of Patent License. If and only if, and for so long as You remain a
Qualified Licensee, in accordance with Section 3 of this License Agreement,
Author hereby grants You a world-wide, royalty-free, non-exclusive, non-
sublicensable license Agreement, under patent claims owned or controlled by the
Author that are embodied in the Program as furnished by the Author ("Licensed
Claims") to make, use, sell and offer for sale the Program. Subject to the
proviso that You grant all Licensees a world-wide, non-exclusive, royalty-free
license under any patent claims embodied in any Derivative Work furnished by
You, Author hereby grants You a world-wide, royalty-free, non-exclusive, non-
sublicensable license under the Licensed Claims to make, use, sell and offer
for sale Derivative Works.
8. Exclusions From License Agreement Grants. Nothing in this License Agreement
shall be deemed to grant any rights to trademarks, copyrights, patents, trade
secrets or any other intellectual property of Licensor except as expressly
stated herein. No patent license is granted to make, use, sell or offer to sell
embodiments of any patent claims other than the Licensed Claims defined in
Section 7. No right is granted to the trademarks of Author even if such marks
are included in the Program. Nothing in this License Agreement shall be
interpreted to prohibit Author from licensing under additional or different
terms from this License Agreement any Original Work, Program, or Derivative
Work that Author otherwise would have a right to License.
8.1 Implied Endorsements Prohibited. Neither the name of the Author (in the
case of Programs and Original Works released by Hacktivismo, the name
"Hacktivismo"), nor the names of contributors who helped produce the Program
may be used to endorse or promote modifications of the Program, any Derivative
Work, or any Software other than the Program, without specific prior written
permission of the Author. Neither the name of Hacktivismo nor the names of any
contributors who helped write the Program may be used to endorse or promote any
Program or Software released under this License Agreement by any person other
than Hacktivismo.
9. Modifications and Derivative Works. Only Qualified Licensees may modify the
Software or prepare or distribute Derivative Works. If You are a Qualified
Licensee, Your authorization to modify the Software or prepare or distribute
Derivative Works (including permission to prepare and/or distribute Derivative
Works, as provided in Sections 5.2.2, 5.2.3, 6.2, 6.3, and 6.6) is subject to
each and all of the following mandatory terms and conditions (9.1 through 9.6,
inclusive):
9.1 You must cause the modified files to carry prominent notices stating that
You changed the files and the date of any change;
9.2 If the modified Software normally reads commands interactively when run,
You must cause it, when started running for such interactive use in the most
ordinary way, to print or display an announcement including an appropriate
copyright notice and a notice that there is no warranty (or else, saying that
You provide a warranty) and that users may redistribute the program under this
License Agreement, and telling the user how to view a copy of this License
Agreement. (Exception: if the Program itself is interactive but does not
normally print such an announcement, Your Derivative Work based on the Program
is not required to print an announcement.);
9.3 Any Program, Software, or modification thereof copied or distributed by
You, that incorporates any portion of the Original Work, must not contain any
code or functionality that subverts the security of the Software or the end-
user's expectations of privacy, anonymity, confidentiality, authenticity, and
trust, including (without limitation) any code or functionality that introduces
any "backdoor," escrow mechanism, "spy-ware," or surveillance techniques or
methods into any such Program, Software, or modification thereof;
9.4 Any Program, Software, or modification thereof copied or distributed by
You, that employs any cryptographic or other security, privacy,
confidentiality, authenticity, and/or trust methods or techniques, including
without limitation any Derivative Work that includes any changes or
modifications to any cryptographic techniques in the Program, shall employ
Strong Cryptography.
9.5 Any Program, Software, or modification thereof copied or distributed by
You, if it contains any key-generation or selection technique, must not employ
any Substandard Key-Selection Technique.
9.6 No Program or Software copied or distributed by You may transmit or
communicate any symmetric key, any "private key" if an asymmetric cryptosystem
is employed, or any part of such key, nor may it otherwise make any such key or
part of such key known, to any person other than the end-user who generated the
key, without the active consent and participation of that individual end-user.
If a private or symmetric key is stored or recorded in any manner, it must not
be stored or recorded in plaintext, and it must be protected from reading (at a
minimum) by use of a password. Use of steganography or other techniques to
disguise the fact that a private or symmetric key is even stored is strongly
encouraged, but not absolutely required.
10. Use Restrictions: Human Rights Violations Prohibited.
10.1 Neither the Program, nor any Software or Derivative Work based on the
Program may used by You for any of the following purposes (10.1.1 through
10.1.5, inclusive):
10.1.1 to violate or infringe any human rights or to deprive any person of
human rights, including, without limitation, rights of privacy, security,
collective action, expression, political freedom, due process of law, and
individual conscience;
10.1.2 to gather evidence against any person to be used to deprive any person
of human rights;
10.1.3 any other use as a part of any project or activity to deprive any person
of human rights, including not only the above-listed rights, but also rights of
physical security, liberty from physical restraint or incarceration, freedom
from slavery, freedom from torture, freedom to take part in government, either
directly or through lawfully elected representatives, and/or freedom from self-
incrimination;
10.1.4 any surveillance, espionage, or monitoring of individuals, whether done
by a Governmental Entity, a Governmental Person, or by any non-governmental
person or entity;
10.1.5 censorship or "filtering" of any published information or expression.
10.2 Additionally, the Program, any modification of it, or any Software or
Derivative Work based on the Program may not be used by any Governmental Entity
or other institution that has any policy or practice (whether official or
unofficial) of violating the human rights of any persons.
10.3 You may not authorize, permit, or enable any person (including, without
limitation, any Governmental Entity or Governmental Person) to use the Program
or any Software or Derivative Work based on it (including any use of Your copy
or copies of the Program) unless such person has accepted this License
Agreement and has become a Licensee subject to all its terms and conditions,
including (without limitation) the use restrictions embodied in Section 10.1
and 10.2, inclusive.
11. All Export Distributions Must Consist of or Be Ancillary to Distribution of
Source Code. Because of certain peculiarities of current export-control law,
any distribution by You of the Program or any Software may be in the form of
Source Code only, or in the form or Source Code accompanied by compiled Object
Code, but You may not export any Software in the form of compiled Object Code
only. Such an export distribution of compiled executable code must in all cases
be ancillary to a distribution of the complete corresponding machine-readable
source code, which must be distributed on a medium, or by a method, customarily
used for software interchange.
12. EXPORT LAWS: THIS LICENSE AGREEMENT ADDS NO RESTRICTIONS TO THE EXPORT LAWS
OF YOUR JURISDICTION. It is Your responsibility to comply with any export
regulations applicable in Your jurisdiction. From the United States, Canada, or
many countries in Europe, export or transmission of this Software to certain
embargoed destinations (including, but not necessarily limited to, Cuba, Iran,
Iraq, Libya, North Korea, Sudan, and Syria), may be prohibited. If Hacktivismo
is identified as the Author of the Program (and it is not the property of some
other Author), then export to any national of Cuba, Iran, Iraq, Libya, North
Korea, Sudan or Syria, or into the territory of any of these countries, by any
Licensee who has received this Software directly from Hacktivismo or from the
Cult of the Dead Cow, or any of their members, is contractually prohibited and
will constitute a violation of this License Agreement. You are advised to
consult the current laws of any and all countries whose laws may apply to You,
before exporting this Software to any destination. Special care should be taken
to avoid export to any embargoed destination. An Author other than Hacktivismo
may substitute that Author's legal name for "Hacktivismo" in this Paragraph, in
relation to any Program released by that Author under this Paragraph.
13. Contrary Judgments, Settlements and Court Orders. If, as a consequence of a
court judgment or allegation of patent infringement or for any other reason
(not limited to patent issues), conditions are imposed on You (whether by court
order, agreement or otherwise) that contradict the conditions of this License
Agreement, they do not excuse You from the conditions of this License
Agreement. If You cannot distribute so as to satisfy simultaneously Your
obligations under this License Agreement and any other pertinent obligations,
then as a consequence You may not distribute the Software at all. For example,
if a patent license would not permit royalty-free redistribution of the Program
by all those who receive copies directly or indirectly through You, then the
only way You could satisfy both it and this License Agreement would be to
refrain entirely from distribution of the Program.
It is not the purpose of this Section 13 to induce You to infringe any patents
or other property right claims or to contest validity of any such claims; this
Section has the sole purpose of protecting the integrity of the software
distribution system reflected in this License Agreement, which is implemented
by public license practices. Many people have made generous contributions to
the wide range of software distributed through related distribution systems, in
reliance on consistent application of such distribution systems; it is up to
the Author/donor to decide if he or she is willing to distribute software
through any other system and a Licensee cannot impose that choice.
14. Governmental Entities: Any Governmental Entity ("Governmental Entity" is
defined broadly as set forth in Section 0.13.1) or Governmental Person (as
"Governmental Person" is defined broadly in Section 0.13.2), that uses,
modifies, changes, copies, displays, performs, or distributes the Program, or
any Software or Derivative Work based on the Program, may do so if and only if
all of the following terms and conditions (14.1 through 14.10, inclusive) are
agreed to and fully met:
14.1 If it is the position of any Governmental Entity (or, in the case of any
"Governmental Person," if it is the position of that Governmental Person's
Governmental Entity) that any doctrine or doctrines of law (including, without
limitation, any doctrine(s) of immunity or any formalities of contract
formation) may render this License Agreement unenforceable or less than fully
enforceable against such Governmental Entity, or any Governmental Person of
such Governmental Entity, then prior to any use, modification, change, display,
performance, copy or distribution of the Program, or of any Software or
Derivative Work based on the Program, or any part thereof, by the Governmental
Entity, or by any Governmental Person of that Governmental Entity, the
Governmental Entity shall be required to inform the Author in writing of each
such doctrine that is believed to render this License Agreement or any part of
it less than fully enforceable against such Governmental Entity or any
Governmental Person of such entity, and to explain in reasonable detail what
additional steps, if taken, would render the License Agreement fully
enforceable against such entity or person. Failure to provide the required
written notice to the Author in advance of any such use, modification, change,
display, performance, copy or distribution, shall constitute an irrevocable and
conclusive waiver of any and all reliance on any doctrine, by the Governmental
Entity, that is not included or that is omitted from the required written
notice (failure to provide any written notice means all reliance on any
doctrine is irrevocably waived). Any Governmental Entity that provides written
notice under this subsection is prohibited, as are all of the Governmental
Persons of such Governmental Entity, from making any use, change, display,
performance, copy, modification or distribution of the Software or any part
thereof, until such time as a License Agreement is in place, agreed upon by the
Author and by the Governmental Entity, that such entity concedes is fully-
enforceable. Any use, modification, change, display, performance, copy, or
distribution following written notice under this Paragraph, but without the
implementation of an agreement as provided herein, shall constitute an
irrevocable and conclusive waiver by the Governmental Entity (and any and all
Governmental Persons of such Governmental Entity) of any and all reliance on
any legal doctrine either referenced in such written notice or omitted from it.
14.2 Any Governmental Entity that uses, copies, changes, modifies, or
distributes, the Software or any part or portion thereof, or any Governmental
Person who does so (whether that person's Governmental Entity contends the
person's action was, or was not, authorized or official), permanently and
irrevocably waives any defense based on sovereign immunity, official immunity,
the Act of State Doctrine, or any other form of immunity, that might otherwise
apply as a defense to, or a bar against, any legal action based on the terms of
this License Agreement.
14.2.1 With respect to any enforcement action brought by the Author in a United
States court against a foreign Governmental Entity, the waiver by any
Governmental Entity as provided in Subparagraphs 14.1 and 14.2 is hereby
expressly acknowledged by each such Governmental Entity to constitute a "case .
. . in which the foreign state has waived its immunity," within the scope of 28
U.S.C.  1605(a)(1) of the Foreign Sovereign Immunities Act of 1976 (as
amended). Each such Governmental Entity also specifically agrees and concedes
that the "commercial activity" exceptions to the FSIA, 28 U.S.C.  1605(a)(2),
(3) are also applicable. With respect to an action brought against the United
States or any United States Governmental Entity, in the courts of any country,
the U.S. Governmental Entity shall be understood to have voluntarily agreed to
a corresponding waiver of immunity from actions in the courts of any other
sovereign.
14.2.2 With respect to any enforcement action brought by an authorized end-user
(as a third-party beneficiary, under the terms of Subparagraphs 14.3 and 14.10)
in a United States court against a foreign Governmental Entity, the waiver by
any Governmental Entity as provided in Subparagraphs 14.1 and 14.2 is hereby
expressly acknowledged by each such Governmental Entity to constitute a "case .
. . in which the foreign state has waived its immunity," within the scope of 28
U.S.C.  1605(a)(1) of the Foreign Sovereign Immunities Act of 1976 (as
amended). . Each such Governmental Entity also specifically agrees and concedes
that the "commercial activity" exceptions to the FSIA, 28 U.S.C.  1605(a)(2),
(3) are also applicable. With respect to an action brought against the United
States or any United States Governmental Entity, in the courts of any country,
the U.S. Governmental Entity shall be understood to have voluntarily agreed to
a corresponding waiver of immunity from actions in the courts of any other
sovereign.
14.2.3 With respect to any action or effort by the Author in the United States
to execute a judgment against a foreign Governmental Entity, by attaching or
executing process against the property of such Governmental Entity, the waiver
by any Governmental Entity as provided in Subparagraphs 14.1 and 14.2 is hereby
expressly acknowledged by each such Governmental Entity to constitute a case in
which "the foreign state has waived its immunity from attachment in aid of
execution or from execution," in accordance with 28 U.S.C.  1610(a)(1) of the
Foreign Sovereign Immunities Act of 1976 (as amended). Each such Governmental
Entity also specifically agrees and concedes that the "commercial activity"
exceptions to the FSIA, 28 U.S.C.  1610(a)(2), (d) are also applicable. With
respect to an action brought against the United States or any United States
Governmental Entity, in the courts of any country, the U.S. Governmental Entity
shall be understood to have voluntarily agreed to a corresponding waiver of
immunity from actions in the courts of any other sovereign.
14.2.4 With respect to any action or effort brought by an authorized end-user
(as a third-party beneficiary, in accordance with Subparagraphs 14.3 and 14.10)
in the United States to execute a judgment against a foreign Governmental
Entity, by attaching or executing process against the property of such
Governmental Entity, the waiver by any Governmental Entity as provided in
Subparagraphs 14.1 and 14.2 is hereby expressly acknowledged by each such
Governmental Entity to constitute a case in which "the foreign state has waived
its immunity from attachment in aid of execution or from execution," in
accordance with 28 U.S.C.  1610(a)(1) of the Foreign Sovereign Immunities Act
of 1976 (as amended). Each such Governmental Entity also specifically agrees
and concedes that the "commercial activity" exceptions to the FSIA, 28 U.S.C. 
1610(a)(2), (d) are also applicable. With respect to an action brought against
the United States or any United States Governmental Entity, in the courts of
any country, the U.S. Governmental Entity shall be understood to have
voluntarily agreed to a corresponding waiver of immunity from actions in the
courts of any other sovereign.
14.3 Any Governmental Entity that uses, copies, changes, modifies, displays,
performs, or distributes the Software or any part thereof, or any Governmental
Person who does so (whether that person's Governmental Entity contends the
person's action was, or was not, authorized or official), and thereby violates
any terms and conditions of Section 9 (restrictions on modification), or
Paragraph 10 (use restrictions), agrees that the person or entity is subject
not only to an action by the Author, for the enforcement of this License
Agreement and for money damages and injunctive relief (as well as attorneys'
fees, additional and statutory damages, and other remedies as provided by law),
but such Governmental Entity and/or Person also shall be subject to a suit for
money damages and injunctive relief by any person whose human rights have been
violated or infringed, in violation of this License Agreement, or through the
use of any Software in violation of this License Agreement. Any person who
brings an action under this section against any Governmental Person or Entity
must notify the Author promptly of the action and provide the Author the
opportunity to intervene to assert the Author's own rights. Damages in such a
third-party action shall be measured by the severity of the human rights
violation and the copyright infringement or License Agreement violation,
combined, and not merely by reference to the copyright infringement. All end-
users, to the extent that they are entitled to bring suit against such
Governmental Entity by way of this License Agreement, are intended third-party
beneficiaries of this License Agreement. Punitive damages may be awarded in
such a third-party action against a Governmental Entity or Governmental Person,
and each and every such Governmental Entity or Person conclusively waives all
restrictions on the amount of punitive damages, and all defenses to the award
of punitive damages to the extend such limitations or defenses depend upon or
are a function of such person or entity's status as a Governmental Person or
Governmental Entity.
14.4 Any State of the United States, or any subunit or Governmental Entity
thereof, that uses, copies, changes, modifies, displays, performs, or
distributes the Software of any part thereof, or any of whose Governmental
Persons does so (whether that person's Governmental Entity contends the
person's action was, or was not, authorized or official), unconditionally and
irrevocably waives for purposes of any legal action (i) to enforce this License
Agreement, (ii) to remedy infringement of the Author's copyright, or (iii) to
invoke any of the third-party beneficiary rights set forth in Section 14.3 -
- any immunity under the Eleventh Amendment of the United States Constitution
or any other immunity doctrine (such as sovereign immunity or qualified, or
other, official immunity) that may apply to state governments, subunits, or to
their Governmental Persons.
14.5 Any Governmental Entity (including, without limitation, any State of the
United States), that uses, copies, changes, modifies, performs, displays, or
distributes the Software or any part thereof, or any of whose Governmental
Persons does so (whether that person's Governmental Entity contends the
person's action was, or was not, authorized or official), unconditionally and
irrevocably waives for purposes of any legal action (i) to enforce this License
Agreement, (ii) to remedy infringement of the Author's copyright, or (iii) to
invoke any of the third-party beneficiary rights set forth in Section 14.3 any
doctrine (such as, but not limited to, the holding in the United States Supreme
Court decision of Ex Parte Young) that might purport to limit remedies solely
to prospective injunctive relief. Also explicitly and irrevocably waived is any
underlying immunity doctrine that would require the recognition of such a
limited exception for purposes of remedies. The remedies against such
governmental entities and persons shall explicitly include money damages,
additional damages, statutory damages, consequential damages, exemplary
damages, punitive damages, costs and fees that might otherwise be barred or
limited in amount on account of governmental status.
14.6 Any Governmental Entity that uses, copies, changes, modifies, displays,
performs, or distributes the Software or any part thereof, or any of whose
Governmental Persons does so (whether that person's Governmental Entity
contends the person's action was, or was not, authorized or official),
unconditionally and irrevocably waives for purposes of any legal action (i) to
enforce this License Agreement, (ii) to remedy infringement of the Author's
copyright, or (iii) to invoke any of the third-party beneficiary rights set
forth in Section 14.3 any and all reliance on the Act of State doctrine,
sovereign immunity, international comity, or any other doctrine of immunity
whether such doctrine is recognized in that government's own courts, or in the
courts of any other government or nation.
14.6.1 Consistent with Subparagraphs 14.2.1 through 14.2.4, this waiver shall
explicitly be understood to constitute a waiver not only against suit, but also
against execution against property, for purposes of the Foreign Sovereign
Immunities Act of 1976 (as amended). All United States Governmental Entities
shall be understood to have agreed to a corresponding waiver of immunity
against (i) suit in the courts of other sovereigns, and (ii) execution against
property of the United States located within the territory of other countries.
14.7 Governmental Persons, (i) who violate this License Agreement (whether that
person's Governmental Entity contends the person's action was, or was not,
authorized or official), or (ii) who are personally involved in any activity,
policy or practice of a governmental entity that violates this License
Agreement (whether that person's Governmental Entity contends the person's
action was, or was not, authorized or official), or (iii) that use, copy,
change, modify, perform, display or distribute, the Software or any part
thereof, when their Governmental Entity is not permitted to do so, or is not a
Qualified Licensee, or has violated the terms of this License Agreement, each
and all individually waive and shall not be permitted to assert any defense of
official immunity, "good faith" immunity, qualified immunity, absolute
immunity, or other immunity based on his or her governmental status.
14.8 No Governmental Entity, nor any Governmental Person thereof may, by
legislative, regulatory, or other action, exempt such Governmental Entity,
subunit, or person, from the terms of this License Agreement, if the
Governmental Entity or any such person has voluntarily used, modified, copied,
displayed, performed, or distributed the Software or any part thereof.
14.9 Enforcement In Courts of Other Sovereigns Permitted. By using, modifying,
changing, displaying, performing or distributing any Software covered by this
License Agreement, any Governmental Entity hereby voluntarily and irrevocably
consents, for purposes of (i) any action to enforce the terms of this License
Agreement, and (ii) any action to enforce the Author's copyright (whether such
suit be for injunctive relief, damages, or both) to the jurisdiction of any
court or tribunal in any other country (or a court of competent jurisdiction of
a subunit, province, or state of such country) in which the terms of this
License Agreement are believed by the Author to be enforceable. Each such
Governmental Entity hereby waives all objections to personal jurisdiction, all
objections based on international comity, all objections based on the doctrine
of forum non conveniens, and all objections based on sovereign or governmental
status or immunity that might otherwise be asserted in the courts of some other
sovereign.
14.9.1 The Waiver by any Governmental Entity of a country other than the United
States shall be understood explicitly to constitute a waiver for purposes of
the Foreign Sovereign Immunities Act of 1976 (see Subparagraphs 14.2.1to
14.2.4, inclusive, supra), and all United States Governmental Entities shall be
understood to have agreed to a waive correspondingly broad in scope with
respect to actions brought in the courts of other sovereigns.
14.9.2 Forum Selection Non-U.S. Governmental Entities. Governmental Entities
that are not United States Governmental Entities shall be subject to suit, and
agree to be subject to suit, in the United States District Court for the
District of Columbia. The Author or an authorized end-user may bring an action
in another court in another country, but the United States District Court for
the District of Columbia, shall always be available as an agreed-upon forum for
such an action. At the optional election of any Author (or, in the case of a
third-party claim, any end-user asserting rights under Subparagraphs 14.3 and
14.10), such a suit against a non-U.S. Governmental Entity or Person may be
brought in the United States District Court for the Southern District of New
York, or the United States District Court for the Northern District of
California, as a direct substitute for the United States District Court for the
District of Columbia, for all purposes of this Subparagraph.
14.9.3 Forum Selection U.S. Governmental Entities. All United States
Governmental Entities shall be subject to suit, and agree to be subject to
suit, in the following (non-exclusive) list of fora: Ottawa, Canada, London,
England, and Paris, France. The Author or an authorized end-user may bring
action in another court that can exercise jurisdiction. But the courts in these
three locations shall always be available (at the option of the Author or an
authorized end-user) as a forum for resolving any dispute with the United
States or a governmental subunit thereof. Except as provided in Subparagraph
14.10, any and all United States Governmental Persons shall be subject to suit
wherever applicable rules of personal jurisdiction and venue shall permit such
suit to be filed, but no such United States Governmental Person may assert any
defense based on forum non conveniens or international comity, to the selection
of any particular lawful venue.
14.10 Enforcement Of Claims For Human Rights Violations. By using, copying,
modifying, changing, performing, displaying or distributing the Software
covered by this License Agreement, any Governmental Entity, or Governmental
Person hereby voluntarily and irrevocably consents -- for purposes of any
third-party action to remedy human rights violations and other violations of
this License Agreement (as reflected in Section 14.3) -- to the jurisdiction of
any court or tribunal in any other country (or a court of competent
jurisdiction of a subunit, province, or state of such country) in which the
third-party beneficiary reasonably believes the relevant terms of this License
Agreement are enforceable. The Governmental Entity or Person hereby waives all
objections to personal jurisdiction, all objections based on international
comity, all objections based on the doctrine of forum non conveniens, and all
objections based on sovereign or governmental status or immunity that might
otherwise be asserted in the courts of some other sovereign.
14.10.1 Waiver of Immunity and Forum Selection. The presumptively valid and
preferred fora identified in Subparagraphs 14.9.2 and 14.9.3 shall also apply
for purposes of Subparagraph 14.10. All Governmental Entities are subject to
the same Waiver of Immunity as set forth in Subparagraphs 14.2.1 to 14.2.4,
inclusive.
15. Subsequent Versions of HESSLA. Hacktivismo may publish revised and/or new
versions of the Hacktivismo Enhanced-Source Software License Agreement from
time to time. Such new versions will be similar in spirit to the present
version, but may differ in detail to address new problems or concerns.
Each version is given a distinguishing version number. Any Program released by
Hacktivismo under a version of this License Agreement prior to Version 1.0,
shall be considered released under Version 1.0 of the Hacktivismo Enhanced-
Source Software License Agreement, once Version 1.0 is formally released. Prior
to Version 1.0, any Software released by Hacktivismo or a Licensee of
Hacktivismo under a lower-numbered version of the HESSLA shall be considered
automatically to be subject to a higher-number version of the HESSLA, whenever
a later-numbered version has been released.
Concerning the work of any other Author, if the Program specifies a version
number of this License Agreement which applies to it and "any later version,"
You have the option of following the terms and conditions either of that
version or of any later version published by Hacktivismo. If the Program does
not specify a version number of this License Agreement, You may choose any
version after 1.0, once version 1.0 is published by Hacktivismo, and prior to
publication of version 1.0, You may choose any version of the Hacktivismo
Software License Agreement then published by Hacktivismo. If the Program
released by another Author, specifies only a version number, then that version
number only shall apply. If "the latest version," is specified, then the latest
version of the HESSLA published on the Hacktivismo Website shall always apply
at all times.
16. DISCLAIMER OF WARRANTY. THE SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN
"AS IS" BASIS, WITHOUT WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, THE WARRANTY OF NON-INFRINGEMENT AND WARRANTIES THAT THE ORIGINAL
WORK IS MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE. THE SOFTWARE IS PROVIDED
WITH ALL FAULTS. THE ENTIRE RISK AS TO THE QUALITY OF THE ORIGINAL WORK IS WITH
YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY
SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN
ESSENTIAL PART OF THIS LICENSE. NO LICENSE TO ORIGINAL WORK IS GRANTED
HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
17. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY,
WHETHER TORT (INCLUDING THE AUTHOR'S NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL
THE AUTHOR BE LIABLE TO ANY PERSON FOR ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING AS A RESULT OF
THIS LICENSE OR THE USE OF THE SOFTWARE INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY
AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PERSON SHALL HAVE BEEN
INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL
NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S
NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION, BUT SHALL
EXCLUDE SUCH LIABILITY TO THE EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
18. ENCRYPTION KEYS AND PUBLIC KEY INFRASTRUCTURE. SOFTWARE RELEASED UNDER THIS
LICENSE AGREEMENT MAY REQUIRE A DIGITAL CERTIFICATE, OR AN ENCRYPTION KEY
"SIGNED" BY A TRUSTED PARTY, TO FUNCTION. AUTHOR UNDERTAKES NO RESPONSIBILITY
FOR THE PROPER, SECURE, AND ADEQUATE FUNCTIONING OF ANY CRYPTOGRAPHIC SYSTEMS,
OF ANY CRYPTOGRAPHIC KEYS, OR FOR THE TRUSTWORTHINESS OF ANY END-USER, ANY
ISSUER OF CERTIFICATES, OR OF ANY SIGNER OF ENCRYPTION KEYS. USE OF THIS
SOFTWARE IS AT THE END-USER'S SOLE AND EXCLUSIVE RISK. IN ANY PUBLIC-KEY
INFRASTRUCTURE ("PKI") SYSTEM, AN END-USER'S LEGAL RELATIONSHIP WITH THE END-
USER'S CERTIFICATION AUTHORITY DOES NOT INCLUDE OR ENCOMPASS ANY LEGAL
RELATIONSHIP WITH THE AUTHOR, AND IS GOVERNED SOLELY AND EXCLUSIVELY BY THE
CERTIFICATION AUTHORITY'S CERTIFICATION PRACTICE STATEMENT AND CERTIFICATION
AGREEMENTS. AUTHOR ASSUMES NO RESPONSIBILITY FOR THE ACTIONS OR OMISSIONS OF
ANY END-USER OR ANY CERTIFICATION AUTHORITY.
18. Saving Clause. If any portion of this License Agreement is held invalid or
unenforceable under any particular circumstance, the balance of the License
Agreement is intended to apply and the License Agreement as a whole is intended
to apply in other circumstances.
END OF TERMS AND CONDITIONS
