as-services/LICENSE.md
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2025-04-13 10:34:01 +02:00

5.6 KiB

DevTheFuture Ethical Use License (DEF License)

Effective Date: 2025 Licensor: DevTheFuture.org
License URL: https://devthefuture.org/DEF-LICENSE.md
Licensed Software: Alerte-Secours


1. Definitions

  • Software: The original software provided under this license, including all parts, components, and any modifications or derivatives, as defined by the Licensor.
  • Nonprofit Use: For the purposes of this Agreement, “Nonprofit Use” is defined in a manner consistent with similar provisions in licenses such as the PolyForm Noncommercial License. It refers to usage that does not primarily aim to generate financial gain, including activities by educational institutions, public organizations, or private individuals where any incidental revenue is purely ancillary to the primary noncommercial purpose.
  • Profit Use: Any use of the Software that is intended to generate revenue, provide a commercial advantage, or otherwise support a for-profit enterprise. This includes, but is not limited to, integration into commercial products, services, or platforms where the primary goal is financial gain.
  • Personal Data Monetization: The process by which personal data collected through the operation of the Software is exploited for commercial gain. For clarity, the License expressly prohibits any use of personal data for:
    • Marketing, advertising, or political influence campaigns.
    • The creation, maintenance, or enhancement of databases or data aggregation services that are not directly tied to the explicitly exposed functionalities of the Software as communicated to the end user.
  • Competitor: Any individual, organization, or entity that develops, distributes, or monetizes software that directly competes with the Software in its intended field or market.

2. Grant of License

  1. Nonprofit Use:
    • The Licensor grants a perpetual, royalty-free, non-exclusive, and non-transferable license to use, modify, and distribute the Software for Nonprofit Use, provided that all users comply with Section 3 and any additional terms specified herein.
  2. Profit Use:
    • Use of the Software for Profit Use requires obtaining a paid license. The Licensor reserves the exclusive right to determine the terms, cost, and approval of any Profit Use license at its sole discretion.
    • All requests for a Profit Use license must be submitted in writing, and the Licensor may approve or deny such requests based on factors including the intended use, the nature of the entity, and other relevant considerations.

3. Restrictions on Personal Data Monetization

  • The Software must not be used to monetize, sell, or exploit any personal data collected through its operation.
  • Specifically, any personal data obtained through the Software:
    • May not be used for any marketing or advertising purposes.
    • May not be used to influence public opinion or political processes.
    • May not be compiled into databases or used for data aggregation unless such use is an explicit and integral feature of the Software, as clearly disclosed to end users.
  • All users and licensees agree to these conditions. Violation of this section shall be considered a material breach of this Agreement.

4. Ownership and Intellectual Property

  • The Software and all related intellectual property rights remain the exclusive property of the Licensor.
  • Users are prohibited from removing or altering any copyright, trademark, or other proprietary notices contained within the Software.

5. No Warranty

  • The Software is provided “as is,” without any express or implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
  • Under no circumstances shall the Licensor be liable for any claims, damages, or liabilities arising from the use or inability to use the Software.

6. Termination and Cure Period

  • In the event of a breach of Sections 2, 3, or 8, the Licensor shall notify the Licensee of the breach and provide a cure period of 30 days during which the Licensee may remedy the breach.
  • If the breach is not remedied within this cure period, or if the breach is of a nature that the Licensor determines is irreparable, this license shall automatically terminate without further notice.
  • Profit Use licenses may be terminated or revoked by the Licensor in accordance with the specific terms outlined in each Profit Use agreement.

7. Governing Law and Dispute Resolution

  • This Agreement shall be governed by and construed in accordance with internationally recognized principles of commercial law, as well as any applicable local laws governing the use or distribution of the Software.
  • In the event of any disputes, the parties agree to attempt resolution through negotiation before pursuing legal remedies in a competent jurisdiction.

8. Competitor Restriction

  • Competitor Limitation: Any Competitor is prohibited from using, accessing, or distributing the Software in any capacity (whether under Nonprofit or Profit Use) without the explicit, prior written consent of the Licensor.
  • Profit Use Licensing for Competitors: The Licensor reserves the right to evaluate and either approve or deny any Profit Use license request from a Competitor at its sole discretion, without obligation to justify the decision.

By using or accessing the Software, you acknowledge that you have read, understood, and agree to be bound by the terms of this DevTheFuture Ethical Use License (DEF License).