The Copyright Extension License (CXL) ------------------------------------- License Copyright(c)2005, 2006 Duncan Cragg. All Rights Reserved. You may Redistribute copies of this License without Modification, apart from Modifications to the 'Specific Definitions' below if applied to other Works. The first three parts of this document do not form part of the License itself. The License begins at 'General Definitions'. The Intent of this License is to extend fair use up to but not reaching the point where unauthorised public release of derivative works, that materially affect the nature of the original works, is permitted, in order to prevent competitive, non-co-operative or hostile uses, against the wishes of the original author. Note on Open Source uses: this License fails to meet, in itself, the criteria of the Open Source Initiative (OSI) with respect to Licenses. It is, however, intended to be used in the spirit of Open Source, with a simple requirement to collaborate with the Authors when evolving any software covered by it.
Notices: You should have obtained these Copyright Works free of charge: You didn't need to pay for the Copyright Works as they are freely available on the Internet. You may have had to pay access charges or nominal packaging and shipping charges, or for additional services apart from the Copyright Works, such as compilation or translation. You should have an auditable copy: You should know where your copy originally came from, whether you've been entrusted with a modified copy to keep private, what its change history is and how to get the original, unmodified version. If unsure whether your copy has been changed, you should get an original copy direct from the Authors whose contact details are noted above.
Specific Definitions: Copyright Works: Copyright Dates: Authors: These should be defined here or in an attached file or document. The standard Copyright notice is acceptable for this: [Copyright Works] Copyright (c) [Copyright Dates] [Authors]. The Copyright Works must list all components that make up a single package to be covered by this License, or all entities that, jointly or severally, are to be covered. Referring to groups is acceptable: 'all source' or 'all images'; 'any individual image'. The Authors must include contact details, or these details must be readily locatable near the notice or by search on the 'Authors' text.
General Definitions: Modified Works, Modification: Derivation or modification are concepts defined or understood in the practice and application of Copyright Law, and this section only applies where relevant Copyright Law would consider Works to be derived or modified, and serves to offer a set of cases that this License does not regard as derivation or modification. Changes and deletions to the Copyright Works, including separate patches which have no meaning when apart from the original Copyright Works, are considered to form Modified Works. Portions of the Copyright Works, fully apart or used within, alongside or around other Works, are considered to form Modified Works. However, small portions extracted for: excerpting, research and scholarship, criticism and comment, parody, news reporting and learning and applying detailed techniques in completely new Works are not considered to form Modified Works. Use of the entirety of the Copyright Works within, alongside or around other Works forms a Modified Work only if there is an implicit or explicit intent to do so, including, but not limited to, the appearance of enhancing the Copyright Works in their own context or their own terms, rather than using them in the way they were intended to be used, through standard, defined or conventional interoperability points or mechanisms. Application Programming Interfaces (APIs) always 'insulate' their users' Works from their implementations' Works, for the purposes of this definition, whether or not applicable Copyright Law considers APIs to be copyrightable - having the effect that the use of the Copyright Works through an API does not create a Modified Work. Examples related to APIs: -: Using a library program as it was intended doesn't create a Modified Work of the library program, nor does wrapping a library program to re-present its functions; -: Writing plug-in library programs doesn't create a Modified Work from the program into which they are plugged, nor does writing a plug-in to redesign the plug-in API. -: Adding and implementing a new API feature using only the given API doesn't create a Modified Work. -: However, adding and implementing the same API feature by adding lines to the given API and merely adding code to the underlying implementation behind the API does create a Modified Work. Further Examples: -: Merely filling in a form doesn't create a Modified Work from the form itself, whereas adding lines to it, whether or not with spaces to be filled in, does; -: Using a typeface in a document doesn't create a Modified Work of that typeface, nor does creating an artwork out of letters in that font even when it depends on the unique characteristics of the font, whereas adding a new letter to the font in the same style does; -: A package containing the Copyright Works plus a user guide to them doesn't form a Modified Work, nor does a study guide for the Copyright Works including the original Copyright Works - whether using references into them or even annotations within them, provided those annotations are clearly separated. Mechanical transformations are not considered to form Modified Works, nor is simply repackaging alongside other Works or additional Works, unless this transformation or repackaging effectively changes the Copyright Works in any way, including effective changes to the License or the addition of technological measures that effectively control access to or use of the Copyright Works, in any way that is inconsistent with the terms or Intent of this License. Mechanical transformations include, but are not necessarily limited to, translation of the Copyright Works to other human or machine languages, compilation, compression, cacheing, encryption and re-formatting of the Copyright Works. Redistribution: Distribution or publication are concepts defined or understood in the practice and application of Copyright Law, and this section only applies where relevant Copyright Law would consider Works to be distributed or published, and serves to offer a set of cases that this License does not regard as distribution or publication. Works are Redistributed by the holder of a copy as soon as another copy of them is passed on to a recipient who could not reasonably be expected by the holder to respect that holder's privacy, and therefore liable or likely to further copy on this new copy. The Works are always Redistributed, for example, when the recipient is not known to the holder and/or when the recipient pays money to the holder for their copy. Conversely, Works are not Redistributed when another copy of them is passed on to a group of recipients (possibly with a single member) all of whom should reasonably be expected by the holder to respect that holder's privacy by keeping their new copy to themselves, as long as they are made aware of their responsibility by being told not to copy the Works on outside of the identified, trusted group, which includes the original copy holder. If any one of this trusted group of recipients chooses not to respect the original holder's privacy, in spite of reasonable expectation and being asked not to pass the Works on, the original holder is still not considered to have Redistributed when they passed the Works on to this trusted group. Works are not Redistributed when, for example, they are shared amongst small groups of people who know each other or when shared privately under individually-signed NDAs or amongst employees of a company that owns a copy, as long as the recipient(s) know they should keep private and keep within the trusted group the Works they have been entrusted with, and know the trusted group membership, including the original holder. In such a case, where a group is the recipient of some Works, and when everyone in the group, including the original copy holder, knows and/or trusts each other, the Works may be passed around by any route within the group and not be considered Redistributed. At each transfer of a copy, however, it is the responsibility of the copy holder to determine whether they trust the next recipient(s) to keep the copy within the group.
License: As a recipient and owner of this copy of the Copyright Works, this License permits any activity apart from Redistribution of Modified Works. Using these rights when Copyright Law by itself would prohibit them makes you a Licensee. These permitted, Licensed activities include, but are not limited to: Firstly, use without Redistribution: private use of any kind including unlimited personal copies or backups, Modification and reverse engineering for personal use or interest, sharing amongst friends, family or close colleagues with or without Modification, use in schools and other small-scale, nonprofit educational uses with or without Modification. Secondly, Redistribution without Modification, with or without payment to the Redistributor or the Authors. Redistribution without Modification always includes this License, or a reference to it, and its Specific Definitions, unless only small portions are extracted for Redistribution, as in excerpting for comment, etc., when it may or may not include the Specific Definitions as a credit and may or may not include the License or a reference to it. An example of permitted Redistribution would be to take a whole source code repository and compile it to the full set of executables, then Redistribute just the executables along with all other non-source code parts of the Copyright Works, including this License and its Specific Definitions and any documentation. If you pass on copies of the Copyright Works, with or without Modification, the Authors offer, to the recipient(s), this License to the original Copyright Works without Modification. This License applies only to the original Copyright Works without Modification that it is attached to, not to any Modified Works, except insofar as it permits those Modified Works to exist and continue to be used according to the provisions of this License, e.g., Modified while not Redistributed, etc. If you are the recipient of a private copy of Modified Works, this License, in the same way, applies only to the original Copyright Works without Modification, to which you should have access, not to your copy of Modified Works, except insofar as it governs the use of those Modified Works by the copy holder who passed them to you and insofar as it governs the Constraints on you as a trusted recipient. Further, this License does not necessarily apply to any prior or subsequent versions or derivatives of the original Copyright Works, published by the Authors, their successors or their authorised collaborators: these versions may have the same License or a different one. Constraint: No Unauthorised Redistribution Of Modified Works This License has nothing to grant you over the above rights. Unauthorised Redistribution Of Modified Works is prohibited without explicit, prior, ongoing and auditable permission from the Authors whose contact details are noted above. If you entrust others with private Modified Works, you must ensure that these recipient(s) have knowledge of the fact that they are private and not for Redistribution, knowledge of the fact that the Copyright Works are Modified, knowledge of the trusted group membership of which any recipient is a member, and either a copy of the original, Copyright Works without Modification, or information about how or where to obtain them. If you are the recipient of a private copy of Modified Works, you may only then copy these Modified Works either back to the party from whom you received it or amongst the group of mutually trusting parties, if any, to whom the Modified Works were originally passed, with or without further Modifications. This doesn't affect the rights you have to privately share your own Modified Works, based on the original Copyright Works without Modification, to other parties that you may trust. Constraint: Good Faith A Licensee may not initiate legal action against the Authors on the basis of Patent violation, Copyright violation, Trademark violation, Trade Secrets violation, any challenge to this License, any other action related to this or similar Works by or related to either the Licensee or the Authors. A Licensee may not attempt to patent any technologies in the Copyright Works or seek to find patented technologies therein, with the aim of using this knowledge against the Authors. Termination Of License Failure to meet both of these two Constraints causes immediate termination of the permissions of this License. Termination of the License is accompanied by the enforcement of standard Copyright Law and adversarial case law determination of fair use rights and, where possible, those restrictions available to the Authors under the newer, fair use-disabling Copyright Laws (such as the DMCA and its international equivalents). Anyone who has received copies from a person whose License has terminated do not by this event alone have their own License terminated. If they are recipients of Modified Works, and the source of those Works has their License terminated, the remainder of any trusted group of which the recipients are members may continue to share the Modified Works and any further Modifications to them. If you are the recipient of a private copy of Modified Works, and fail to meet the constraint not to pass them outside of the trusted group of which you are a member and through which you received those Modified Works, this termination not only applies to your permissions over the original Copyright Works without Modification, but also over any and all Modified Works you hold: your rights to create or hold them cease and they must be either returned or destroyed. Subject to the above terms and conditions, the License granted here is perpetual (for the duration of the applicable copyright in the Copyright Works). Notwithstanding this, the Authors reserve the right to release the Copyright Works under different License terms or to stop distributing the Copyright Works at any time; provided, however that any such election will not serve to withdraw this License (or any other License that has been, or is required to be, granted under the terms of this License), and this License will continue in full force and effect unless terminated by failure to meet its Constraints.
Miscellaneous 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 to this agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable, while still ensuring they are consistent with the remaining terms and the Intent of this License. In particular, if the definition of Modified Works proves invalid or unenforceable under applicable law, it may be modified with reference to the concept of 'derivative works' in applicable Copyright Law, in order to bring it back to validity and enforceability. Likewise, the definition of Redistribution may be modified with reference to the corresponding concept in applicable Copyright Law. Such terms may be reformed to the minimum extent necessary to make them valid and enforceable, while still ensuring they are consistent with the remaining terms and the Intent of this License. No term or provision of this License shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by the party to be charged with such waiver or consent. This License constitutes the entire agreement between the parties with respect to the Copyright Works Licensed. There are no understandings, agreements or representations with respect to the Copyright Works not specified here. This License may not be modified without the written agreement of the Authors.
Disclaimer of Warranty and Limitation of Liability: Unless required by applicable law or agreed to in writing, the Authors provide the Copyright Works 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 the Copyright Works and assume any risks of doing so. In no event and under no legal theory of liability, whether in tort (including negligence or otherwise), contract, strict liability, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall the Authors be liable to you for damages however caused, including any direct, indirect, special, exemplary, incidental, or consequential damages of any character arising as a result or in any way out of the use or inability to use the Copyright Works (including but not limited to damages for loss of goodwill, procurement of substitute goods or services, loss of use, data, or profits, business interruption, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), whether or not you have been advised of the possibility of such damages.