diff --git a/LICENSE b/LICENSE index e605458..ef17e49 100644 --- a/LICENSE +++ b/LICENSE @@ -1,541 +1,385 @@ -World Bank Master Community License Agreement - -THIS WORLD BANK COMMUNITY LICENSE AGREEMENT ("Agreement") is entered -between the International Bank for Reconstruction and -Development/International Development Association ("World Bank") -and the party identified as licensee on the signature page of this -Agreement ("Licensee"). Licensee and the World Bank are each referred to -herein as a "Party" and collectively as, the "Parties". - -A. The World Bank has developed that certain computer software - identified on Exhibit B ("Licensed Software") for use for the - public good and desire to make the Licensed Software available to - Licensee on a royalty-free basis, subject to certain other terms and - conditions. - -B. Licensee wishes to secure certain rights to use, modify and - sublicense the Licensed Software. - -NOW, THEREFORE, in consideration of the mutual promises of the Parties -and other good and valuable consideration, receipt of which is hereby -acknowledged, the Parties agree as follows: - -1. Definitions - - 1. **"Contribution"** means any subject matter which is created by - any person, which subject matter has the effect of adding to, - deleting from, replacing, or otherwise modifying the text, - binary or other material in a Core Program, whether deriving - directly from a Core Program or from Licensed Software. A - Contribution may be included in the same file as material from a - Core Program, or in a separate file that is or can be used in - connection with a compilation, build or similar process to add - to, delete from, replace or otherwise modify material from the - file containing Licensed Software. - - 2. **"Core Programs"** mean the Computer programs and associated - data originally created by or for the World Bank as part of the - Licensed Software and made available by the World Bank or its - licensees pursuant to the terms equivalent to those of this - Agreement. - - 3. **"Covered Licensee"** has the meaning set forth in Section 2.3. - - 4. **"Covered Work"** means any work that includes Licensed - Software and Independent Software. - - 5. **"Distribute"** means, for the purpose of this Agreement, to - deliver or offer to deliver a copy of a work to a person other - than to a person controlled by, controlling or under common - control with the first person or a person engaged solely to - develop, maintain, test, or operate such work on behalf the - first person. - - 6. **"Exploit"** means in the case of copyrightable subject matter - to copy, make derivative works, distribute, display, and perform - such subject matter and any analogous or additional rights - provided under the laws of any country within the Licensed - Territory. In the case of patentable subject matter, "Exploit" - includes the right to make, use, sell, offer for sale, have - made, import the relevant subject matter. Except as expressly - provided in this Agreement, the right to Exploit does not - include the right to authorize others to Exploit the subject - matter. - - 7. **"Independent** **Software"** means any software that does not - include any Core Programs or Contributions. No software - contained in the same file as Licensed Software shall be deemed - Independent Software under the terms of this Agreement. - - 8. **"Licensed Software"** means the Core Programs identified on - Exhibit B hereto, together with any Contributions thereto, - whether in Source Code or Object Code form. - - 9. **"Licensed** **Territory"** has the meaning set forth in - Section 2.2. - - 10. **"Object Code"** means any version of a computer program which - is capable of being installed, loaded, and operated on a - computer without any intervening process other than a system - loader or linkage editor or a real-time interpreter. - - 11. **"Source Code"** means any version of a computer program other - than Object Code, including without limitation any text or - text-equivalent capable of being compiled or translated into - Object Code, and any associated documentation in existence that - is necessary or convenient to compile, modify, edit (including - without limitation any linkage edit or build process), integrate - and configure such computer program for installation and/or use. - -2. Licenses - - 1. **Basic Grant.** Subject to Licensee's compliance with all terms - and conditions of this Agreement, World Bank grants to Licensee - the royalty-free, perpetual, non-exclusive right and license to - Exploit the Licensed Software, whether alone or as part of a - Covered Work. - - 2. **Territorial Limitations.** The rights granted to Licensee - hereunder only apply to exploitation in the member countries of - the World Bank ("Licensed Territory"). - - 3. **Rights in Contributions.** Licensee hereby grants to World - Bank a paid up, royalty-free, perpetual, irrevocable, - non-exclusive, sublicenseable right and license to Exploit any - Contributions created by or for Licensee, effective immediately - on the first Distribution of any work containing a Contribution. - Such Contribution shall be thereafter considered part of the - Licensed Software and authorized for Exploitation by any person - or entity who has received rights to the Core Software ("Covered - Licensee"). - - 4. **Patent Rights.** Licensee further grants to World Bank and all - other Covered Licensees a paid up, royalty-free, perpetual, - irrevocable and sublicenseable license to Exploit its - Contributions or any version of the Licensed Software including - its Contributions under any patents now or in the future owned - or licenseable by Licensee, solely to the extent that such - Exploitation is of a work consisting of Licensed Software and - Licensee's Contribution. - - 5. **Sublicenses.** In the event that Licensee is an entity - chartered under the laws of a nation state within the Licensed - Territory, Licensee shall be permitted to grant sublicenses to - others to Exploit the Licensed Software pursuant to a license - agreement containing the provisions set forth in Exhibit A - hereto, as the same may be modified from time to time by the - World Bank in accordance with this Section. Licensee shall - maintain a computerized repository from which sublicensees may - download the Licensed Software, which repository shall require a - reasonable means by which the Licensee so downloading the code - may be identified. If practicable, each downloadable copy shall - be electronically watermarked so as to identify the repository - from which it has been downloaded. Nothing herein shall be - deemed to prohibit the restriction or fee-based licensing of - Covered Works, provided that Licensee and any sublicensees - comply in full with all requirements for the unrestricted - further distribution of Licensed Software included within such - Covered Work. Except as expressly provided in this Section 2.5, - Licensee shall not grant sublicenses of Licensed Software and/or - any Contribution to any person. - - 6. **Revision of Sublicense Terms.** The World Bank may from time - to time establish different terms for sublicenses to replace the - terms of Exhibit A hereto. Such different terms shall apply to - any sublicenses granted by Licensee pursuant to Section 2.5, on - ten (10) days notice given to Licensee pursuant to this - Agreement, by which time Licensee shall have posted the revised - terms in print (if previously published in print) and any - electronically accessible location where it has previously - posted such terms.. - - 7. **No Personal Use.** Licensee represents and warrants that the - Licensed Software is not intended to be used and will not be - used or authorized for use for personal, household and/or family - uses. - -3. Obligations of Licensee - - 1. **Distribution of Source Code.** In the event that Licensee - Distributes any form of the Licensed Software, whether as Source - Code or Object Code and whether by itself or as part of a - Covered Work, Licensee shall promptly make available the full - Source Code of such Licensed Software (including any - Contributions by Licensee) to all persons on the terms set forth - in Exhibit A, either by making such Source Code accessible in a - commonly available online source code repository, an online - repository under the direct control of Licensee, or by notifying - such persons that such Source Code may be delivered by - electronic transmission to any requesting person, at no charge - other than a reasonable fee covering the cost of distribution to - the recipient. - - 2. **Inclusion of Applicable License Provisions.** Licensee shall - assure that every copy of Licensed Software (including any such - copy included in a Covered Work) shall either include the full - text of the license required by Section 3.2 or a statement that - identifies a uniform resource locator which contains the - applicable license. - - 3. **No Further Restrictions.** Licensee shall not impose any - restrictions on the further use, distribution or modification of - Licensed Software, whether distributed by itself or as part of a - Covered Work, provided that the License Software is made - available by Licensee and its sublicensee on terms specified in - Exhibit A hereto. Nothing herein shall prohibit Licensee from - imposing any conditions Licensee sees fit on the subsequent - distribution of Independent Software included in any Covered - Work. - - 4. **Enforcement of Sublicenses.** By accepting this License - Agreement and a copy of the Licensed Software, Licensee agrees - that it will take action to enforce the terms of any - sublicenses, including without limitation seeking injunctive or - other equitable relief. Licensee shall not, however, name or - attempt to name the World Bank as an involuntary plaintiff in - any such action, without the prior written consent of the World - Bank . No enforcement action shall be required if the World Bank - is deemed a necessary party plaintiff or defendant and the World - Bank withholds consent to being so named. In the event that - Licensee becomes aware of breaches of any of its sublicenses, it - shall notify the World Bank in writing as soon as practicable - and, in the event Licensee determines to seek legal relief, it - shall so notify the World Bank of its intention to pursue such - legal relief. - - 5. **Conditions of License.** Sections 3.1 through 3.4 above are - conditions of the licenses granted in Article 2 Licensee - specifically acknowledges that its failure to comply strictly - with such conditions voids all licenses granted to Licensee - hereunder, without further notice from World Bank. Sublicenses - granted by Licensee in accordance with this Agreement shall - continue in effect, provided that the applicable sublicensees - comply and continue to comply with all provisions of Exhibit A - hereto. - - 6. **Permitted Arrangements.** Nothing herein shall prohibit - Licensee (or any sublicensee) from offering and charging for - warranty, support, indemnity, or liability obligations to one or - more recipients of Licensed Software or Covered Works, provided - that Licensee and any applicable sublicensee prominently - notifies any persons purchasing such additional obligations that - such obligations are solely the obligations of the persons - offering such obligations neither World Bank nor any person - other than the person offering such services is obligated or - responsible in any way with respect to the Licensed Software or - any portion thereof. - - 7. **Attribution and Disclaimer.** All copies of Licensed Software - and/or Covered Works Distributed by Licensee and any sublicensee - deriving from Licensee shall contain a notice that certain - underlying work was originally developed by or for the World - Bank, that the World Bank is not responsible for the accuracy, - other functionality or performance of such Licensed Software - and/or Covered Work. - -4. Warranties by Licensee - - 1. **Non-infringement of Copyright.** Licensee hereby represents - and warrants to World Bank and any persons who are licensees of - Licensed Software deriving from Core Software that its - Contributions are and/or will be either its original works of - authorship or that it has sufficient rights in such - Contributions to grant the rights required to be granted in such - Contributions (and derivatives thereof) pursuant to this - Agreement. - - 2. **Patent Warranties.** Licensee hereby represents that, to the - best of its knowledge, the combination of any Licensed Software - with a Contribution from Licensee does not infringe the patent - rights of any third party. - - 3. **Disclaimer.** LICENSEE UNDERSTANDS AND AGREES THAT ITS USE - (INCLUDING WITHOUT LIMITATION, THE EXERCISE OF ANY RIGHTS - GRANTED TO IT UNDER THIS AGREEMENT) OF THE SOFTWARE IS AT - LICENSEE'S SOLE RISK. THE SOFTWARE IS PROVIDED ON AN "AS IS" AND - "AS AVAILABLE" BASIS. THE WORLD BANK DISCLAIMS ALL - REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, - IMPLIED, OR STATUTORY, WITH RESPECT TO THE SOFTWARE (INCLUDING, - BUT NOT LIMITED TO, THE IMPLIED OR STATUTORY WARRANTIES OF - MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, - QUIET ENJOYMENT, AND NON-INFRINGEMENT. IN PARTICULAR, THE WORLD - BANK DOES NOT REPRESENT OR WARRANT THAT ANY INFORMATION OR OTHER - CONTENT OBTAINED OR VIEWED BY LICENSEE OR ANYONE ELSE AS A - RESULT OF LICENSEE'S EXPLOITATION OF THE SOFTWARE WILL BE - ACCURATE, COMPLETE OR RELIABLE, THAT LICENSEE'S ACCESS TO THE - SOFTWARE WILL BE UNINTERRUPTED, FREE OF MALICIOUS CODE OR - ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. THE WORLD BANK - DISCLAIMS ALL LIABILITY AND RESPONSIBILITY ARISING FROM , OUT OF - OR IN CONNECTION WITH THE SOFTWARE OR THE USE OF, PERFORMANCE OF - OR OTHER DEALINGS IN THE SOFTWARE. THE WORLD BANK GROUP - DISCLAIMS ALL EQUITABLE INDEMNITIES. - - 4. **Limitation of Liability.** THE WORLD BANK EXPRESSLY DISCLAIMS - AND IN NO EVENT BE LIABLE UNDER ANY THEORY OF LIABILITY WHETHER - BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY - DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PERSONAL - INJURY/WRONGFUL DEATH, PUNITIVE, OR EXEMPLARY DAMAGES (EVEN IF - SUCH PARTIES KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF - SUCH DAMAGES), INCLUDING BUT NOT LIMITED TO AS A RESULT OF: (A) - LICENSEE'S USE OF OR INABILITY TO USE THE SOFTWARE OR (B) ANY - LOSS OF DATA. SHOULD ANY OF THEWORLD BANK BE FOUND TO BE LIABLE - TO YOU OR ANY THIRD PARTY NOTWITHSTANDING THE FOREGOING, SUCH - LIABILITY WILL NOT EXCEED \$100.00 IN THE AGGREGATE. - - 5. **Indemnity by Licensee.** Licensee agrees that Licensee will - release, indemnify and hold harmless the World Bank and each of - their respective business partners, content providers, licensors - and service providers, and any of their respective officers, - directors, shareholders, employees, contractors, - representatives, or agents (including without limitation any - authors or copyright holders of the Software) (collectively, the - "World Bank Indemnified Parties") from and against any and all - claims, actions, losses, damages, costs, fees and expenses - (including attorneys' fees) arising out of or relating to: (i) - Licensee's use or Exploitation of the Licensed Software, (ii) - Licensee's data, (iii) Licensee's connection to the - Software, (iv) Licensee's violation of this Agreement, (v) - Licensee's violation of any rights of another, and/or (vi) the - Exploitation and licensing of the Licensed Software by any - person claiming rights by operation of any license granted by - Licensee to such person. - - 6. **Waiver and Release.** Licensee hereby waives any rights and - benefits it may have or that may accrue to it under any law - providing that a general release does not extend to claims that - the creditor does not know or suspect to exist in his, her or - their favor at the time of executing the release, which if known - by him, her or them must have materially affected his settlement - with the debtor, or something substantially similar. The World - Bank reserves the right, at its own expense, to assume the - exclusive defense and control of any matter otherwise subject to - indemnification by Licensee, and Licensee shall not in any event - settle any matter without the written consent of the World Bank - Indemnified Parties. - -5. Miscellaneous Provisions - - 1. **Governing Law.** This Agreement and the relationship between - and among the Parties shall be governed by the Laws of the State - of New York, United States of America, without giving effect to - any choice or conflict of law provision or rule (whether of the - state of New York or any other jurisdiction). Licensee agrees - that regardless of any statute or law to the contrary, any claim - or cause of action arising out of or related to use of the - Software or this Agreement must be filed within one (1) year - after such claim or cause of action arose or be forever barred. - - 2. **Remedies.** \[injunctive remedies, etc., to conform to - arbitration clause.\] - - 3. **Arbitration.** Any controversy or claim arising out of or - relating to this Agreement, or that contests the validity of - this Agreement, shall be settled by arbitration in accordance - with the UNCITRAL Arbitration Rules from time to time in force. - The place of arbitration shall be New York, New York and the - arbitration shall be conducted in English. The Parties hereby - waive any rights under any applicable law to appeal any - arbitration award or to seek determination of a preliminary - point of law with respect to such proceedings. Notwithstanding - the foregoing, The World Bank shall have the right to seek - interim, provisional or other equitable relief, including - temporary or permanent injunctive relief, as necessary to - protect its interests. - - 4. **Preservation of Immunities.** Nothing in this Agreement and no - submission by The World Bank to arbitration shall be construed - as a limitation upon or a waiver, renunciation or modification - of any immunities, privileges or exemptions of the World Bank - accorded under any of the Articles of Agreement of the - International Bank for Reconstruction and Development, - international convention or any applicable law. Such immunities, - privileges or exemptions are specifically reserved. - - 5. **Notices.** Any notice required or permitted to be given - pursuant to this Agreement shall be effective if given by - electronic mail addressed to the applicable Party at the address - set forth in connection with its signature on this Agreement. - - 6. **Execution.** This Agreement may be executed in duplicates or - counterparts and transmitted by facsimile or other imaging - means. - -IN WITNESS WHEREOF, the Parties have executed this Agreement as of the -\_\_\_ day of \_\_\_\_\_. - - -------------------------------------------------------------------------------------------------------------------------------------------------------------------- - International Bank for Reconstruction and Development / International Development Association \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ - ----------------------------------------------------------------------------------------------- -------------------------------------------------------------------- - By\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\ By \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ - its - - -------------------------------------------------------------------------------------------------------------------------------------------------------------------- - -**EXHIBIT A** - -**REQUIRED SUBLICENSE TERMS** - -A sublicense granted pursuant to the World Bank Master Community License -Agreement shall include the following provisions: - -1. A preamble as follows: - -By acquiring a copy of the Survey Solutions (the "Subject -Software"), the person so acquiring such copy, for himself/herself and -on behalf of his or her employer or principal (collectively, -"Licensee"), acknowledges and agrees that the exploitation of the -Subject Software is subject strictly to the terms and conditions of this -License Agreement, that Licensee is furthermore bound to perform all -obligations of Licensee in all material respects, and that this -Agreement may be enforced against Licensee by Licensor and/or any other -person or entity who holds the copyright to the Core Software, the -Licensed Software, or any Contribution thereto, as defined below. - -2. All definitions included in Article 1 of the Agreement. - -3. The following sections: - -**Basic Grant.** Subject to Licensee's compliance with all terms and -conditions of this Agreement, Licensor grants to Licensee the -royalty-free, perpetual, non-exclusive right and license to Exploit the -Licensed Software, whether alone or as part of a Covered Work. - -**Territorial Limitations.** The rights granted to Licensee hereunder -only apply to exploitation in the member countries of the World Bank -("Licensed Territory"). - -**Rights in Contributions.** Licensee hereby grants to Licensor and its -licensors a paid up, royalty-free, perpetual, irrevocable, -non-exclusive, sublicenseable right and license to Exploit any -Contributions created by or for Licensee, effective immediately on the -first Distribution of any work containing a Contribution. - -**Patent Rights.** Licensee further grants to Licensor and its licensors -and their respective licensees a paid up, royalty-free, perpetual, -irrevocable and sublicenseable license to Exploit its Contributions or -any version of the Licensed Software including its Contributions under -any patents now or in the future owned or licenseable by Licensee, -solely to the extent that such Exploitation is of a work consisting of -Licensed Software and Licensee's Contribution. - -**No Personal Use.** Licensee represents and warrants that the Licensed -Software is not intended to be used and will not be used or authorized -for use for personal, household and/or family uses. - -**Distribution of Source Code.** In the event that Licensee Distributes -any form of the Licensed Software, whether as Source Code or Object Code -and whether by itself or as part of a Covered Work, Licensee shall -promptly make available the full Source Code of such Licensed Software -(including any Contributions by Licensee) to all persons on the terms -set forth in this License Agreement, either by making such Source Code -accessible in a commonly available online source code repository, an -online repository under the direct control of Licensee, or by notifying -such persons that such Source Code may be delivered by electronic -transmission to any requesting person, at no charge other than a -reasonable fee covering the cost of distribution to the recipient. - -**Inclusion of Applicable License Provisions.** Licensee shall assure -that every copy of Licensed Software (including any such copy included -in a Covered Work) shall either include the full text of this license or -a statement that identifies a uniform resource locator which contains -the applicable license. - -**No Further Restrictions.** Licensee shall not impose any restrictions -on the further use, distribution or modification of Licensed Software, -whether distributed by itself or as part of a Covered Work, other than -the terms of this License. Nothing herein shall prohibit Licensee from -imposing any conditions Licensee sees fit on the subsequent distribution -of Independent Software included in any Covered Work. - -**Non-infringement of Copyright.** Licensee hereby represents and -warrants to Licensor Parties and any persons or entities who are -licensees of Licensed Software that its Contributions are and/or will be -either its original works of authorship or that it has sufficient rights -in such Contributions to grant the rights required to be granted in such -Contributions (and derivatives thereof) pursuant to this Agreement. - -**Patent Warranties.** Licensee hereby represents that, to the best of -its knowledge, the combination of any Licensed Software with a -Contribution from Licensee does not infringe the patent rights of any -third party. - -**Disclaimer.** LICENSEE UNDERSTANDS AND AGREE THAT ITS USE (INCLUDING -WITHOUT LIMITATION, THE EXERCISE OF ANY RIGHTS GRANTED TO IT UNDER THIS -AGREEMENT) OF THE SOFTWARE IS AT LICENSEE'S SOLE RISK. THE SOFTWARE IS -PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LICENSEE, FOR ITSELF -AND ITS LICENSORS ("COLLECTIVELY LICENSOR PARTIES") DISCLAIM ALL -REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR -STATUTORY, WITH RESPECT TO THE SOFTWARE (INCLUDING, BUT NOT LIMITED TO, -THE IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A -PARTICULAR USE OR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. -IN PARTICULAR, LICENSOR PARTIES DO NOT REPRESENT OR WARRANT THAT ANY -INFORMATION OR OTHER CONTENT OBTAINED OR VIEWED BY LICENSEE OR ANYONE -ELSE AS A RESULT OF LICENSEE'S EXPLOITATION OF THE SOFTWARE WILL BE -ACCURATE, COMPLETE OR RELIABLE, THAT LICENSEE'S ACCESS TO THE SOFTWARE -WILL BE UNINTERRUPTED, FREE OF MALICIOUS CODE OR ERROR-FREE, OR THAT -DEFECTS WILL BE CORRECTED. LICENSOR PARTIES DISCLAIM ALL LIABILITY AND -RESPONSIBILITY ARISING FROM , OUT OF OR IN CONNECTION WITH THE SOFTWARE -OR THE USE OF, PERFORMANCE OF OR OTHER DEALINGS IN THE SOFTWARE. -LICENSING PARTIES DISCLAIM ALL EQUITABLE INDEMNITIES. - -**Limitation of Liability.** LICENSOR PARTIES EXPRESSLY DISCLAIM AND IN -NO EVENT WILL ANY OF THEM BE LIABLE UNDER ANY THEORY OF LIABILITY -WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY -DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PERSONAL -INJURY/WRONGFUL DEATH, PUNITIVE, OR EXEMPLARY DAMAGES (EVEN IF SUCH -PARTIES KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH -DAMAGES), INCLUDING BUT NOT LIMITED TO AS A RESULT OF: (A) LICENSEE'S -USE OF OR INABILITY TO USE THE SOFTWARE OR (B) ANY LOSS OF DATA. SHOULD -THEWORLD BANK BE FOUND TO BE LIABLE TO YOU OR ANY THIRD PARTY -NOTWITHSTANDING THE FOREGOING, SUCH LIABILITY WILL NOT EXCEED \$100.00 -IN THE AGGREGATE. - -**Indemnity by Licensee.** Licensee agrees that Licensee will release, -indemnify and hold harmless Licensor Parties and each of Licensor -Parties' respective business partners, content providers, licensors and -service providers, and any of their respective officers, directors, -shareholders, employees, contractors, representatives, or agents -(including without limitation any authors or copyright holders of the -Software) (collectively, the "Licensor Indemnified Parties") from and -against any and all claims, actions, losses, damages, costs, fees and -expenses (including attorneys' fees) arising out of or relating to: (i) -Licensee's use or Exploitation of the Licensed Software, (ii) Licensee's -data, (iii) Licensee's connection to the Software, (iv) Licensee's -violation of this Agreement, (v) Licensee's violation of any rights of -another, and/or (vi) the Exploitation and licensing of the Licensed -Software by any person claiming rights by operation of any license -granted by Licensee to such person. - -**Express Third Party Beneficiary.** Licensee acknowledges and agrees -that the World Bank is an express third party beneficiary of this -agreement and is entitled to enforce the terms of this Agreement or to -assume the prosecution of any remedy, either in addition to or in lieu -of enforcement undertaken by Licensor. - -**Governing Law.** This Agreement and the relationship between and among -the Parties shall be governed by the Laws of the State of New York, -United States of America, without giving effect to any choice or -conflict of law provision or rule (whether of the state of New York or -any other jurisdiction). Licensee agrees that regardless of any statute -or law to the contrary, any claim or cause of action arising out of or -related to use of the Software or this Agreement must be filed within -one (1) year after such claim or cause of action arose or be forever -barred. - -**Arbitration.** This Agreement, at the option of Licensor, or The World -Bank so elects, The World Bank, may be enforced against Licensee in the -state or federal courts of the State of New York, the courts of the -country in which Licensee resides, or any other appropriate -jurisdiction, or concurrently in more than one jurisdiction. Subject to -the foregoing option of Licensor or The World Bank, any controversy or -claim arising out of or relating to this Agreement, or that contests the -validity of this Agreement, shall be settled by arbitration in -accordance with the UNCITRAL Arbitration Rules from time to time in -force. The place of arbitration shall be New York, New York and the -arbitration shall be conducted in English. The Parties hereby waive any -rights under any applicable law to appeal any arbitration award or to -seek determination of a preliminary point of law with respect to such -proceedings. Notwithstanding the foregoing, The World Bank shall have -the right to seek interim, provisional or other equitable relief, -including temporary or permanent injunctive relief, as necessary to -protect its interests. +Mozilla Public License Version 2.0 +================================== + +1. Definitions + +-------------- + +1.1. "Contributor" + means each individual or legal entity that creates, contributes to + the creation of, or owns Covered Software. + +1.2. "Contributor Version" + means the combination of the Contributions of others (if any) used + by a Contributor and that particular Contributor's Contribution. + +1.3. "Contribution" + means Covered Software of a particular Contributor. + +1.4. "Covered Software" + means Source Code Form to which the initial Contributor has attached + the notice in Exhibit A, the Executable Form of such Source Code + Form, and Modifications of such Source Code Form, in each case + including portions thereof. + +1.5. "Incompatible With Secondary Licenses" + means + + (a) that the initial Contributor has attached the notice described + in Exhibit B to the Covered Software; or + + (b) that the Covered Software was made available under the terms of + version 1.1 or earlier of the License, but not also under the + terms of a Secondary License. + +1.6. "Executable Form" + means any form of the work other than Source Code Form. + +1.7. "Larger Work" + means a work that combines Covered Software with other material, in + a separate file or files, that is not Covered Software. + +1.8. "License" + means this document. + +1.9. "Licensable" + means having the right to grant, to the maximum extent possible, + whether at the time of the initial grant or subsequently, any and + all of the rights conveyed by this License. + +1.10. "Modifications" + means any of the following: + + (a) any file in Source Code Form that results from an addition to, + deletion from, or modification of the contents of Covered + Software; or + + (b) any new file in Source Code Form that contains any Covered + Software. + +1.11. "Patent Claims" of a Contributor + means any patent claim(s), including without limitation, method, + process, and apparatus claims, in any patent Licensable by such + Contributor that would be infringed, but for the grant of the + License, by the making, using, selling, offering for sale, having + made, import, or transfer of either its Contributions or its + Contributor Version. + +1.12. "Secondary License" + means either the GNU General Public License, Version 2.0, the GNU + Lesser General Public License, Version 2.1, the GNU Affero General + Public License, Version 3.0, or any later versions of those + licenses. + +1.13. "Source Code Form" + means the form of the work preferred for making modifications. + +1.14. "You" (or "Your") + means an individual or a legal entity exercising rights under this + License. For legal entities, "You" includes any entity that + controls, is controlled by, or is under common control with You. For + purposes of this definition, "control" means (a) the power, direct + or indirect, to cause the direction or management of such entity, + whether by contract or otherwise, or (b) ownership of more than + fifty percent (50%) of the outstanding shares or beneficial + ownership of such entity. + +2. License Grants and Conditions + +-------------------------------- + +2.1. Grants + +Each Contributor hereby grants You a world-wide, royalty-free, +non-exclusive license: + +(a) under intellectual property rights (other than patent or trademark) + Licensable by such Contributor to use, reproduce, make available, + modify, display, perform, distribute, and otherwise exploit its + Contributions, either on an unmodified basis, with Modifications, or + as part of a Larger Work; and + +(b) under Patent Claims of such Contributor to make, use, sell, offer + for sale, have made, import, and otherwise transfer either its + Contributions or its Contributor Version. + +2.2. Effective Date + +The licenses granted in Section 2.1 with respect to any Contribution +become effective for each Contribution on the date the Contributor first +distributes such Contribution. + +2.3. Limitations on Grant Scope + +The licenses granted in this Section 2 are the only rights granted under +this License. No additional rights or licenses will be implied from the +distribution or licensing of Covered Software under this License. +Notwithstanding Section 2.1(b) above, no patent license is granted by a +Contributor: + +(a) for any code that a Contributor has removed from Covered Software; + or + +(b) for infringements caused by: (i) Your and any other third party's + modifications of Covered Software, or (ii) the combination of its + Contributions with other software (except as part of its Contributor + Version); or + +(c) under Patent Claims infringed by Covered Software in the absence of + its Contributions. + +This License does not grant any rights in the trademarks, service marks, +or logos of any Contributor (except as may be necessary to comply with +the notice requirements in Section 3.4). + +2.4. Subsequent Licenses + +No Contributor makes additional grants as a result of Your choice to +distribute the Covered Software under a subsequent version of this +License (see Section 10.2) or under the terms of a Secondary License (if +permitted under the terms of Section 3.3). + +2.5. Representation + +Each Contributor represents that the Contributor believes its +Contributions are its original creation(s) or it has sufficient rights +to grant the rights to its Contributions conveyed by this License. + +2.6. Fair Use + +This License is not intended to limit any rights You have under +applicable copyright doctrines of fair use, fair dealing, or other +equivalents. + +2.7. Conditions + +Sections 3.1, 3.2, 3.3, and 3.4 are conditions of the licenses granted +in Section 2.1. + +3. Responsibilities + +------------------- + +3.1. Distribution of Source Form + +All distribution of Covered Software in Source Code Form, including any +Modifications that You create or to which You contribute, must be under +the terms of this License. You must inform recipients that the Source +Code Form of the Covered Software is governed by the terms of this +License, and how they can obtain a copy of this License. You may not +attempt to alter or restrict the recipients' rights in the Source Code +Form. + +3.2. Distribution of Executable Form + +If You distribute Covered Software in Executable Form then: + +(a) such Covered Software must also be made available in Source Code + Form, as described in Section 3.1, and You must inform recipients of + the Executable Form how they can obtain a copy of such Source Code + Form by reasonable means in a timely manner, at a charge no more + than the cost of distribution to the recipient; and + +(b) You may distribute such Executable Form under the terms of this + License, or sublicense it under different terms, provided that the + license for the Executable Form does not attempt to limit or alter + the recipients' rights in the Source Code Form under this License. + +3.3. Distribution of a Larger Work + +You may create and distribute a Larger Work under terms of Your choice, +provided that You also comply with the requirements of this License for +the Covered Software. If the Larger Work is a combination of Covered +Software with a work governed by one or more Secondary Licenses, and the +Covered Software is not Incompatible With Secondary Licenses, this +License permits You to additionally distribute such Covered Software +under the terms of such Secondary License(s), so that the recipient of +the Larger Work may, at their option, further distribute the Covered +Software under the terms of either this License or such Secondary +License(s). + +3.4. Notices + +You may not remove or alter the substance of any license notices +(including copyright notices, patent notices, disclaimers of warranty, +or limitations of liability) contained within the Source Code Form of +the Covered Software, except that You may alter any license notices to +the extent required to remedy known factual inaccuracies. + +3.5. Application of Additional Terms + +You may choose to offer, and to charge a fee for, warranty, support, +indemnity or liability obligations to one or more recipients of Covered +Software. However, You may do so only on Your own behalf, and not on +behalf of any Contributor. You must make it absolutely clear that any +such warranty, support, indemnity, or liability obligation is offered by +You alone, and You hereby agree to indemnify every Contributor for any +liability incurred by such Contributor as a result of warranty, support, +indemnity or liability terms You offer. You may include additional +disclaimers of warranty and limitations of liability specific to any +jurisdiction. + +4. Inability to Comply Due to Statute or Regulation + +--------------------------------------------------- + +If it is impossible for You to comply with any of the terms of this +License with respect to some or all of the Covered Software due to +statute, judicial order, or regulation then You must: (a) comply with +the terms of this License to the maximum extent possible; and (b) +describe the limitations and the code they affect. Such description must +be placed in a text file included with all distributions of the Covered +Software under this License. Except to the extent prohibited by statute +or regulation, such description must be sufficiently detailed for a +recipient of ordinary skill to be able to understand it. + +5. Termination + +-------------- + +5.1. The rights granted under this License will terminate automatically +if You fail to comply with any of its terms. However, if You become +compliant, then the rights granted under this License from a particular +Contributor are reinstated (a) provisionally, unless and until such +Contributor explicitly and finally terminates Your grants, and (b) on an +ongoing basis, if such Contributor fails to notify You of the +non-compliance by some reasonable means prior to 60 days after You have +come back into compliance. Moreover, Your grants from a particular +Contributor are reinstated on an ongoing basis if such Contributor +notifies You of the non-compliance by some reasonable means, this is the +first time You have received notice of non-compliance with this License +from such Contributor, and You become compliant prior to 30 days after +Your receipt of the notice. + +5.2. If You initiate litigation against any entity by asserting a patent +infringement claim (excluding declaratory judgment actions, +counter-claims, and cross-claims) alleging that a Contributor Version +directly or indirectly infringes any patent, then the rights granted to +You by any and all Contributors for the Covered Software under Section +2.1 of this License shall terminate. + +5.3. In the event of termination under Sections 5.1 or 5.2 above, all +end user license agreements (excluding distributors and resellers) which +have been validly granted by You or Your distributors under this License +prior to termination shall survive termination. + +************************************************************************ + +* * +* 6. Disclaimer of Warranty * +* ------------------------- * +* * +* Covered Software is provided under this License on an "as is" * +* basis, without warranty of any kind, either expressed, implied, or * +* statutory, including, without limitation, warranties that the * +* Covered Software is free of defects, merchantable, fit for a * +* particular purpose or non-infringing. The entire risk as to the * +* quality and performance of the Covered Software is with You. * +* Should any Covered Software prove defective in any respect, You * +* (not any Contributor) assume the cost of any necessary servicing, * +* repair, or correction. This disclaimer of warranty constitutes an * +* essential part of this License. No use of any Covered Software is * +* authorized under this License except under this disclaimer. * +* * + +************************************************************************ + +************************************************************************ + +* * +* 7. Limitation of Liability * +* -------------------------- * +* * +* Under no circumstances and under no legal theory, whether tort * +* (including negligence), contract, or otherwise, shall any * +* Contributor, or anyone who distributes Covered Software as * +* permitted above, be liable to You for any direct, indirect, * +* special, incidental, or consequential damages of any character * +* including, without limitation, damages for lost profits, loss of * +* goodwill, work stoppage, computer failure or malfunction, or any * +* and all other commercial damages or losses, even if such party * +* 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. Some * +* jurisdictions do not allow the exclusion or limitation of * +* incidental or consequential damages, so this exclusion and * +* limitation may not apply to You. * +* * + +************************************************************************ + +8. Litigation + +------------- + +Any litigation relating to this License may be brought only in the +courts of a jurisdiction where the defendant maintains its principal +place of business and such litigation shall be governed by laws of that +jurisdiction, without reference to its conflict-of-law provisions. +Nothing in this Section shall prevent a party's ability to bring +cross-claims or counter-claims. + +9. Miscellaneous + +---------------- + +This License represents the complete agreement concerning the subject +matter hereof. If any provision of this License is held to be +unenforceable, such provision shall be reformed only to the extent +necessary to make it enforceable. Any law or regulation which provides +that the language of a contract shall be construed against the drafter +shall not be used to construe this License against a Contributor. + +10. Versions of the License + +--------------------------- + +10.1. New Versions + +Mozilla Foundation is the license steward. Except as provided in Section +10.3, no one other than the license steward has the right to modify or +publish new versions of this License. Each version will be given a +distinguishing version number. + +10.2. Effect of New Versions + +You may distribute the Covered Software under the terms of the version +of the License under which You originally received the Covered Software, +or under the terms of any subsequent version published by the license +steward. + +10.3. Modified Versions + +If you create software not governed by this License, and you want to +create a new license for such software, you may create and use a +modified version of this License if you rename the license and remove +any references to the name of the license steward (except to note that +such modified license differs from this License). + +10.4. Distributing Source Code Form that is Incompatible With Secondary +Licenses + +If You choose to distribute Source Code Form that is Incompatible With +Secondary Licenses under the terms of this version of the License, the +notice described in Exhibit B of this License must be attached. + +Exhibit A - Source Code Form License Notice +------------------------------------------- + + This Source Code Form is subject to the terms of the Mozilla Public + License, v. 2.0. If a copy of the MPL was not distributed with this + file, You can obtain one at . + +If it is not possible or desirable to put the notice in a particular +file, then You may include the notice in a location (such as a LICENSE +file in a relevant directory) where a recipient would be likely to look +for such a notice. + +You may add additional accurate notices of copyright ownership. + +Exhibit B - "Incompatible With Secondary Licenses" Notice +--------------------------------------------------------- + + This Source Code Form is "Incompatible With Secondary Licenses", as + defined by the Mozilla Public License, v. 2.0. diff --git a/CODE_OF_CONDUCT.md b/docs/CODE_OF_CONDUCT.md similarity index 100% rename from CODE_OF_CONDUCT.md rename to docs/CODE_OF_CONDUCT.md diff --git a/CONTRIBUTING.md b/docs/CONTRIBUTING.md similarity index 100% rename from CONTRIBUTING.md rename to docs/CONTRIBUTING.md diff --git a/docs/_config.yml b/docs/_config.yml index fae0ecb..95c7302 100644 --- a/docs/_config.yml +++ b/docs/_config.yml @@ -18,7 +18,7 @@ html: baseurl: https://datapartnership.github.io/turkiye-earthquake-impact extra_footer: |
- All content (unless otherwise specified) is subject to the World Bank Master Community License Agreement. + All content (unless otherwise specified) is subject to the Mozilla Public License.
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