14 Jan 2020

InnerSource License v0.101

Introduction

ZERO and The One Foundation present the INNERSOURCE LICENSE (the “License”), a modified license for the benefit and sustainability of open-source projects. The purpose of this license is to simultaneously ensure that (a) ZERO software remains open and free and that (b) there is a sufficient economic model to reward the ongoing time and effort of project contributors.

While the majority of software utilized online today is open-source (Linux, Apache, TCP/IP, JavaScript, etc.), all too often companies simply take software from the open-source community, add a paywall or ad-model, and keep the majority of the profits generated. INNERSOURCE is an attempt of solving this by transcending the ‘open/closed’ debate and providing a legal framework that enables software to remain both free and open, as well as ensure that project contributors have a mechanism to be rewarded for their hard earned efforts. Our hope is that by providing a framework for open and distributed projects, we will see the migration from full-time employment at centralized institutions like Google, Facebook and Bank of America, to individuals who gain their own creative and economic sovereignty by contributing to open-source projects. Anyone is free to utilize this License for the benefit of their projects, irrespective of whether or not they are connected to ZERO.

The following includes some legalese that we need to present to You as part of this License. The Definitions section below outlines key terms for what is used herein.

License Options

INNERSOURCE provides two options for Open-Source Software (“OSS”); INNERSOURCE A and B. INNERSOURCE A enables the free and unencumbered use of software with limited restrictions. INNERSOURCE B encompasses additional protections specifically related to the monetization and reward of well-defined pieces of source-code through the use of cryptographic tokens.

INNERSOURCE A.

OSS which is made available to You under our INNERSOURCE A License, similar to the MIT License, with the primary modification that You are required to contribute Software back to the ZERO Stack.

The INNERSOURCE A License states:

Copyright <YEAR> <COPYRIGHT HOLDER>

You are hereby granted permission to obtain a copy of this software and associated documentation files (the "Software") for free and without restrictions (except those that are explicitly stated here), including, but not limited to the right to: use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

When using the Software, any modifications You make must be committed back to the relevant ZERO Stack and this modified Software will also be governed under the same respective INNERSOURCE A License.

In plain english, if you use any of the Software to build anything, you have to contribute what you built back to the ZERO Stack.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

INNERSOURCE B.

Software which is made available to You under INNERSOURCE B is licensed under the INNERSOURCE B License which is provided in its entirety in this section 4:

Grant of Copyright License.

Subject to the terms and conditions of this License, each Contributor to the ZERO community hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form.

In plain English, this means that You have the right to use, reproduce, make modifications and changes, and create other works from the things that You access and use under this License which have been contributed by others.

Grant of Patent License.

Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed.

In plain English, this means that You have the right to freely use, sell, import, or transfer, works that have been contributed by others under this License, even if those contributed works are covered by a patent.

Contributor Monetization.

The grant of the INNERSOURCE B License to You is conditioned on and subject to your agreement to use the Infinity Tokens as stated here: When using OSS under the INNERSOURCE B License, you are required to utilize the Infinity Token on the websites and platforms you develop in accordance with the design specifications established by The One Foundation. By way of an example only, in the ZERO UI, a button to purchase Infinity Tokens is required to be labeled either as “buy” or “purchase” and marked with the corresponding Infinity logo, Infinity name, and a ticker (INI), which must be shown at all times in the core UX. These standards are subject to change at any time at the sole discretion of The One Foundation, as determined by the collective governance processes outlined in The ZERO Constitution.

Modification

  • You may modify Your copy or copies of the Library or any portion of it, thus forming a work based on the Library, and copy and distribute such modifications or work under the terms of this License, provided that You also meet all of these conditions:

    • The modified work must itself be a software library.
    • You must cause the files modified to carry prominent notices stating that You changed the files and the date of any change.
    • You must cause the whole of the work to be licensed at no charge to all third parties under the terms of this License.
    • If You make any modifications to the licensed OSS, You must contribute Your changes back to the main OSS repository.
  • These requirements apply to the modified work as a whole. If identifiable sections of that work are not derived from the Library and can be reasonably considered independent and separate works in themselves, then this License, and its terms, do not apply to those sections when You distribute them as separate works. But when You distribute the same sections as part of a whole which is a work based on the Library, the distribution of the whole must be on the terms of this License, whose permissions for other licensees extend to the entire whole, and thus to each and every part regardless of who wrote it.
  • Thus, it is not the intent of this section to claim rights or contest Your rights to work written entirely by You; rather, the intent is to exercise the right to control the distribution of derivative or collective works based on the Library.
  • In addition, mere aggregation of another work not based on the Library with the Library (or with a work based on the Library) on a volume of a storage or distribution medium does not bring the other work under the scope of this License.

Redistribution

  • The copyright notice "_Copyright <YEAR> <COPYRIGHT HOLDER>_" in this Section 8.1 and the permission notice consisting of the entire Section 8.2 below shall be included in all copies or substantial portions of the Work.
  • Permission is hereby granted, free of charge, to any person obtaining a copy of this Work and Derivative Works, to deal in the Work and Derivative Works without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Work and Derivative Works, and to permit persons to whom the Work and Derivative Works are furnished to do so, subject to the following conditions:
  • You may copy and distribute the Work and Derivative Works in Object Code or executable form under the terms of this License provided that You also do one of the following:

    • Accompany it with the complete corresponding machine-readable Source Code, which must be distributed under the terms of this License on a medium customarily used for software interchange; or,
    • Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than Your cost of physically performing source distribution, a complete machine-readable copy of the corresponding Source Code, to be distributed under the terms of this License on a medium customarily used for software interchange; or,
    • Accompany it with the information You received as to the offer to distribute corresponding Source Code. (This alternative is allowed only for noncommercial distribution and only if You received the program in Object Code or executable form with such an offer, in accord with Section 8.3.2 above.)
  • If distribution of executable or Object Code is made by offering access to copy from a designated place, then offering equivalent access to copy the Source Code from the same place counts as distribution of the Source Code, even though third parties are not compelled to copy the source along with the Object Code.
  • When the Work is Distributed as Source Code:

    • it must be made available under this License, and
    • a copy of this License must be included with each copy of the Work.
  • Contributors may not remove or alter any copyright, patent, trademark, attribution notices, disclaimers of warranty, or limitations of liability (‘notices’) contained within the Work from any copy of the Work which they distribute, provided that Contributors may add their own appropriate notices.

Submission of Contributions.

Unless You explicitly state otherwise, any Contribution intentionally submitted for inclusion in the Work by You to the Licensor shall be under the terms and conditions of this License, without any additional terms or conditions. Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement You may have executed with Licensor regarding such Contributions.

Trademarks

This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file.

Disclaimer of Warranty

Unless required by applicable law or agreed to in writing, Licensor provides the Work (and each Contributor provides its Contributions) on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Work and assume any risks associated with Your exercise of permissions under this License.

Limitation of Liability

In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages.

Termination

This License and the rights granted hereunder will terminate automatically if You fail to comply with terms herein and fail to cure such breach within 30 days of becoming aware of the breach. Provisions which, by their nature, must remain in effect beyond the termination of this License shall survive.

In the event of termination under Sections 6 (institution of patent litigation) or 14.1 above, all end user licenses that have been validly granted by You or any distributor hereunder prior to termination (excluding licenses granted to You by any distributor) shall survive termination.

General

  • 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 hereto, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
  • All Your rights under this License shall terminate if You fail to comply with any of the material terms or conditions of this License and does not cure such failure in a reasonable period of time after becoming aware of such noncompliance. If all Your rights under this License terminate, You agree to cease use and distribution of the Work as soon as reasonably practicable. However, Your obligations under this License and any licenses granted by You relating to the Work shall continue and survive.
  • Except as expressly stated in this License, You receive no rights or licenses to the intellectual property of any Contributor under this License, whether expressly, by implication, estoppel or otherwise. All rights in the Work not expressly granted under this License are reserved. Nothing in this License is intended to be enforceable by any entity that is not You or a Contributor. No third-party beneficiary rights are created under this License.

ZERO Terms and Conditions

Your use of any Software or Works under either the INNERSOURCE A or B Licenses are subject to your compliance with ZERO’s Terms and Conditions.

Definitions

  • "Contribution" shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as "Not a Contribution."
  • "Contributor" shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work.
  • "Derivative Works" shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof.
  • “Infinity Tokens” shall mean those crypto currency tokens developed by the One Foundation.
  • "Legal Entity" shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.
  • "Library" shall mean a collection of software functions and/or data prepared so as to be conveniently linked with application programs (which use some of those functions and data) to form executables. "Library" refers to any such software library or work, which has been distributed under these terms. A "work based on the Library" means either the Library or any derivative work under copyright law: that is to say, a work containing the Library or a portion of it, either verbatim or with modifications and/or translated straightforwardly into another language. (Hereinafter, translation is included without limitation in the term "modification".)
  • "License" shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 11 of this document.
  • "Licensor" shall mean the copyright owner or entity authorized by the copyright owner that is granting the License.
  • "Object" or "Object Code" shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types.
  • "Source" or "Source Code" shall mean the form of a program preferred for making modifications, including but not limited to software source code, documentation source, and configuration files. For a library, 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 library.
  • "Work" shall mean the work of authorship, whether in Source or Object form, made available under the License.
  • "You" (or "Your") shall mean an individual or Legal Entity exercising permissions granted by this License.
  • “ZERO Stack” shall mean the Source Code repository provided and managed by ZERO and the One Foundation.
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