hipergate Public License (hgpl)

version v2.0a

Preface

This License is a mix of GNU GPL, MPL and Apache.
The basic spirit is that of GPL: use, copy, modify and redistribute freely as long as you include credit to the original authors, document modifications and give the source code.
Additional clauses have been taken from Mozilla and Apache for addressing Trademark and anti-Patent protection.
The result is a Free Software Licence but, strictly speaking, it is incompatible with GNU GPL because it has some specific requirements that are not in the GPL.
We call this license HGPL because GPL is the main foundation of HGPL, and because we believe that GPL is very well known license that helps to get a quick idea about HGPL requirements.
Product documentation is distributed under Creative Commons Attribution-NoDerivs-NonCommercial License.

Applicability

1. This License applies to any program or other work which contains a notice placed by the copyright holder saying it may be distributed under the terms of this General Public License.

2. Activities other than copying, distribution, modification and hosting as an application service provider are not covered by this License; they are outside its scope.

Redistribution

Executing, copying and/or redistribution the source or binary code, with or without modifications is permitted only if the following conditions are met:

3. The redistributed code must carry prominent notices in source, binaries and documentation, stating the original copyright notice and no warranty warning.

4. Source code, binaries and documentation must contain a notice stating: "This product contains parts of hipergate". Or alternatively, the copyright notice must appear in a special section where other software acknowledgements are placed.

5. The redistribution recipient must receive also a copy of this license.

6. The redistribution must contain a full copy of the original source code and all modifications made in electronic media in the best possible format for editing and modifing it.

7. The redistribution must be accompanied it with a written offer valid for at least 3 years for providing a full copy of source code to anyone requesting it at a cost not higher than the one physically copying and sending it.

8. Redistribution restrictions apply to the original or modified work as a whole. If parts of this work are not derived from hipergate and can reasonably be considered as independent works, then this license will not apply to these independent works. But, when these same sections as a part of a whole based on hipergate is distributed, the distribution must be according to the terms of this license with permissions for other recipients apply to all parts independently of who wrote each part. It is the intent to exercise the right of controlling redistribution of works derived or collective based on hipergate.

9. Each time hipergate or any derived work is redistributed, the recipient receives a license from the original licenser for copy, redistribute or modify hipergate. The redistributor may not impose any further restrictions other than the ones listed here to the recipient.

10. If a modified program 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 telling the user how to view a copy of this License.

Name protection

11. The name hipergate must not be used to endorse or promote products derived from this software without prior written permission. Products derived from this software may not be called hipergate, nor may hipergate appear in their name, without prior written permission.

Payments

12. You may charge a fee for the physical act of transferring a copy, and you may at your option offer warranty protection in exchange for a fee.

Modifications

Modifications are permitted only if the following conditions are met:

13. Modified files must contain prominent notices stating who has changed them, when and the purpose of the changes.

14. Any work that is distributed or published and that is derived of hipergate or of any part of hipergate, must be licensed as a whole, free of charges to any thrid party under the terms of this license.

Application Service Providers

15. You can charge a fee for hosting hipergate as an application service provider only if the following conditions are met:
1st) The hosted application must show the hipergate logo on its home page and either "this application is based on hipergate®" or "this application contains parts of hipergate®".
2nd) If you manage information on behalf of a third party, you must comply with the applicable legal regulations about data privacy and security.
3rd) You must provide a well defined procedure granting data safety and inmediate retrieval in case that the owner of the data request a verbatim copy of it.

Termination

15. It is prohibited to copy, modify, sub-license or redistribute hipergate except as it is stated at this license. Any attempt to copy, modify, sub-license or redistribute hipergate in any other form is invalid and will cause your rights under this license automatically terminate.

16. If you assert any patent claims against the licensor relating hipergate, or if you breach any terms of the License, your rights under this license automatically terminate.

Acceptation of this License

17. You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to modify or distribute the Program or its derivative works. These actions are prohibited by law if you do not accept this License. Therefore, by modifying or distributing the Program (or any work based on the Program), you indicate your acceptance of this License to do so, and all its terms and conditions for copying, distributing or modifying the Program or works based on it.

Limitation of Liability

18. You are not responsible of enforcing this licence agreement over any third party.

19. 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, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Program at all. 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 would be to refrain entirely from distribution of the Program.

Geopolitical restrictions

20. If the distribution and/or use of hipergate is restricted in certain countries either by patents or by copyrighted interfaces, the original copyright holder who places the Program under this License may add an explicit geographical distribution limitation excluding those countries, so that distribution is permitted only in or among countries not thus excluded. In such case, this License incorporates the limitation as if written in the body of this License.

No warranty

21. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

22. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

New versions of this license

23. Your rights granted by this license will not terminate while you comply with stated requirements. However, the copyright holder have the exclusive right of publishing other licenses for hipergate with terms different from the ones of this license.

Choice of Law

24. This license is governed by the Laws of Spain. Disputes shall be settled by Madrid City Court (Spain).