LICENSE

Hippocratic License

Version 3.0, October 2021

https://firstdonoharm.dev/version/3/0/full.html

TERMS AND CONDITIONS FOR USE, COPY, MODIFICATION, PREPARATION OF DERIVATIVE
WORK, REPRODUCTION, AND DISTRIBUTION:


1. DEFINITIONS

1.1. "License" means the terms and conditions for use, copy, modification,
preparation of derivative work, reproduction, and distribution of Software as
defined in this document.

1.2. "Licensor" means the copyright and/or patent owner or entity authorized
by the copyright and/or patent owner granting the License.

1.3. "Licensee" means the individual or entity exercising permissions granted
by this License, including the use, copy, modification, preparation of
derivative work, reproduction, and distribution of Software.

1.4. "Software" means any copyrighted work, including but not limited to
software code, authored by Licensor and made available under this License.

1.5. "Supply Chain" means the sequence of processes involved in the production
and/or distribution of a commodity, good, or service offered by the Licensee.

1.6. "Supply Chain Impacted Party" or "Supply Chain Impacted Parties" means
any person(s) directly impacted by any of Licensee's Supply Chain, including
the practices of all entities within the Supply Chain prior to a good or
service reaching the Licensee.

1.7. "Duty of Care" is defined by its use in tort law, delict law, and/or
similar bodies of law closely related to tort and/or delict law, including a
requirement to act with the watchfulness, attention, caution, and prudence
that a reasonable person in the same or similar circumstances would use
towards any Supply Chain Impacted Party.

1.8. "Worker" is defined to include any and all permanent, temporary, and
agency workers, as well as piece-rate, salaried, hourly paid, legal young
(i.e., minors), part-time, night, and migrant workers.


2. INTELLECTUAL PROPERTY GRANTS

2.1. Grant of Copyright License: Subject to the terms and conditions of this
License, Licensor hereby grants to Licensee a worldwide, non-exclusive,
no-charge, royalty-free copyright license to use, copy, modify, prepare
derivative work, reproduce, or distribute the Software, Licensor authored
modified software, or other work derived from the Software.

2.2. Grant of Patent License: Subject to the terms and conditions of this
License, Licensor hereby grants Licensee a worldwide, non-exclusive,
no-charge, royalty-free patent license to make, have made, use, offer to
sell, sell, import, and otherwise transfer Software.


3. ETHICAL STANDARDS

The rights granted to the Licensee by this License are expressly made subject
to the Licensee's ongoing compliance with the following conditions:

3.1. The Licensee SHALL NOT, whether directly or indirectly, through agents
or assigns:

  3.1.1. Infringe upon any person's right to life or security of person,
  engage in extrajudicial killings, or commit murder, without lawful cause
  (See Article 3, Universal Declaration of Human Rights; Article 6,
  International Covenant on Civil and Political Rights);

  3.1.2. Hold any person in slavery, servitude, or forced labor (See Article
  4, Universal Declaration of Human Rights; Article 8, International Covenant
  on Civil and Political Rights);

  3.1.3. Contribute to the institution of slavery, slave trading, forced
  labor, or unlawful child labor (See Article 4, Universal Declaration of
  Human Rights; Article 8, International Covenant on Civil and Political
  Rights);

  3.1.4. Torture or subject any person to cruel, inhumane, or degrading
  treatment or punishment (See Article 5, Universal Declaration of Human
  Rights; Article 7, International Covenant on Civil and Political Rights);

  3.1.5. Discriminate on the basis of sex, gender, sexual orientation, race,
  ethnicity, nationality, religion, caste, age, medical disability or
  impairment, and/or any other like circumstances (See Article 2, Universal
  Declaration of Human Rights; Article 2, International Covenant on Economic,
  Social and Cultural Rights; Article 2, International Covenant on Civil and
  Political Rights);

  3.1.6. Prevent any person from exercising his/her/their right to seek an
  effective remedy by a competent court or national tribunal (See Article 8,
  Universal Declaration of Human Rights; Article 2, International Covenant on
  Civil and Political Rights) for actions violating the fundamental rights
  granted to him/her/them by applicable constitutions or by law;

  3.1.7. Subject any person to arbitrary arrest, detention, or exile (See
  Article 9, Universal Declaration of Human Rights; Article 9, International
  Covenant on Civil and Political Rights);

  3.1.8. Subject any person to arbitrary interference with a person's
  privacy, family, home, or correspondence without express written consent
  (See Article 12, Universal Declaration of Human Rights; Article 17,
  International Covenant on Civil and Political Rights);

  3.1.9. Arbitrarily deprive any person of his/her/their property (See
  Article 17, Universal Declaration of Human Rights);

  3.1.10. Forcibly remove indigenous peoples from their lands or territories
  or take any action with the aim or effect of dispossessing indigenous
  peoples from their lands, territories, or resources, without the free,
  prior, and informed consent of indigenous peoples concerned (See Article 10,
  United Nations Declaration on the Rights of Indigenous Peoples);

  3.1.11. (Fossil Fuel Divestment) Be an individual or entity, or
  representative, agent, affiliate, successor, attorney, or assign of any
  individual or entity on the FFI Solutions Carbon Underground 200 list;

  3.1.12. (Ecocide) Commit ecocide, defined as unlawful or wanton acts
  committed with knowledge that there is a substantial likelihood of severe
  and either widespread or long-term damage to the environment being caused
  by those acts;

    3.1.12.1. "Wanton" means with reckless disregard for damage which would
    be clearly excessive in relation to the social and economic benefits
    anticipated;

    3.1.12.2. "Severe" means damage which involves very serious adverse
    changes, disruption, or harm to any element of the environment, including
    grave impacts on human life or natural, cultural, or economic resources;

    3.1.12.3. "Widespread" means damage which extends beyond a limited
    geographic area, crosses state boundaries, or is suffered by an entire
    ecosystem or species or a large number of human beings;

    3.1.12.4. "Long-term" means damage which is irreversible or which cannot
    be redressed through natural recovery within a reasonable period of time;

    3.1.12.5. "Environment" means the earth, its biosphere, cryosphere,
    lithosphere, hydrosphere, and atmosphere, as well as outer space;

  3.1.13. (Extractive Industries) Be an individual or entity, or
  representative, agent, affiliate, successor, attorney, or assign of any
  individual or entity that engages in fossil fuel or mineral exploration,
  extraction, development, or sale;

  3.1.14. (Boycott, Divestment, Sanctions) Be an individual or entity, or
  representative, agent, affiliate, successor, attorney, or assign of any
  individual or entity identified by the Boycott, Divestment, Sanctions (BDS)
  movement on its website (https://bdsmovement.net/) as a target for boycott;

  3.1.15. (Taliban) Be an individual or entity that engages in any commercial
  transactions with the Taliban, or is a representative, agent, affiliate,
  successor, attorney, or assign of the Taliban;

  3.1.16. (Myanmar) Be an individual or entity that engages in any commercial
  transactions with the Myanmar/Burmese military junta, or is a
  representative, agent, affiliate, successor, attorney, or assign of the
  Myanmar/Burmese government;

  3.1.17. (Xinjiang Uygur Autonomous Region) Be an individual or entity, or
  representative, agent, affiliate, successor, attorney, or assign of any
  individual or entity that does business in, purchases goods from, or
  otherwise benefits from goods produced in the Xinjiang Uygur Autonomous
  Region of China;

  3.1.18. (US Tariff Act) Be an individual or entity, or representative,
  agent, affiliate, successor, attorney, or assign of any individual or
  entity which U.S. Customs and Border Protection (CBP) has currently issued
  a Withhold Release Order (WRO) or finding against based on reasonable
  suspicion of forced labor;

  3.1.19. (Mass Surveillance) Be a government agency or multinational
  corporation, or a representative, agent, affiliate, successor, attorney, or
  assign of a government agency or multinational corporation, which
  participates in mass surveillance programs;

  3.1.20. (Military Activities) Be an entity or a representative, agent,
  affiliate, successor, attorney, or assign of an entity which conducts
  military activities;

  3.1.21. (Law Enforcement) Be an individual or entity, or a representative,
  agent, affiliate, successor, attorney, or assign of any individual or
  entity that provides goods or services to, or otherwise enters into any
  commercial contracts with, any local, state, or federal law enforcement
  agency;

  3.1.22. (Media) Be an individual or entity, or a representative, agent,
  affiliate, successor, attorney, or assign of any individual or entity that
  broadcasts messages promoting killing, torture, or other forms of extreme
  violence;

  3.1.23. Interfere with Workers' free exercise of the right to organize and
  associate (See Article 20, Universal Declaration of Human Rights; C087 -
  Freedom of Association and Protection of the Right to Organise Convention,
  1948 (No. 87), International Labour Organization; Article 8, International
  Covenant on Economic, Social and Cultural Rights);

  3.1.24. Harm the environment in a manner inconsistent with local, state,
  national, or international law.

3.2. The Licensee SHALL:

  3.2.1. (Social Auditing) Only use social auditing mechanisms that adhere to
  Worker-Driven Social Responsibility Network's Statement of Principles
  (https://wsr-network.org/what-is-wsr/statement-of-principles/) over
  traditional social auditing mechanisms, to the extent the Licensee uses any
  social auditing mechanisms at all;

  3.2.2. (Workers on Board of Directors) Ensure that if the Licensee has a
  Board of Directors, 30% of Licensee's board seats are held by Workers paid
  no more than 200% of the compensation of the lowest paid Worker of the
  Licensee;

  3.2.3. (Supply Chain Transparency) Provide clear, accessible supply chain
  data to the public on Licensee's website and/or principal's or parent's
  website or some other online platform accessible to the public via internet
  search on a common internet search engine. Data published will include,
  where applicable, manufacturers, top tier suppliers, subcontractors,
  cooperatives, component parts producers, and farms;

  3.2.4. Provide equal pay for equal work where the performance of such work
  requires equal skill, effort, and responsibility, and which are performed
  under similar working conditions, except where such payment is made pursuant
  to (i) a seniority system; (ii) a merit system; (iii) a system which
  measures earnings by quantity or quality of production; or (iv) a
  differential based on any other factor other than sex, gender, sexual
  orientation, race, ethnicity, nationality, religion, caste, age, medical
  disability or impairment, and/or any other like circumstances (See 29
  U.S.C. Sec. 206(d)(1); Article 23, Universal Declaration of Human Rights;
  Article 7, International Covenant on Economic, Social and Cultural Rights;
  Article 26, International Covenant on Civil and Political Rights);

  3.2.5. Allow for reasonable limitation of working hours and periodic
  holidays with pay (See Article 24, Universal Declaration of Human Rights;
  Article 7, International Covenant on Economic, Social and Cultural Rights).


4. SUPPLY CHAIN IMPACTED PARTIES

4.1. In addition to the above Ethical Standards, Licensee voluntarily accepts
a Duty of Care for Supply Chain Impacted Parties of this License, including
individuals and communities impacted by violations of the Ethical Standards.
The Duty of Care is breached when a provision within the Ethical Standards
section is violated by a Licensee, one of its successors or assigns, or by an
individual or entity that exists within the Supply Chain prior to a good or
service reaching the Licensee.

4.2. Breaches of the Duty of Care shall create a private right of action,
allowing any Supply Chain Impacted Party harmed by the Licensee to take legal
action against the Licensee in accordance with applicable negligence laws,
whether they be in tort law, delict law, and/or similar bodies of law closely
related to tort and/or delict law, regardless of whether Licensee is directly
responsible for the harms suffered by a Supply Chain Impacted Party. Nothing
in this section shall be interpreted to include acts committed by individuals
outside of the scope of his/her/their employment.


5. NOTICE

5.1. Distribution of Notice: Licensee must ensure that everyone who receives
a copy of or uses any part of Software from Licensee, with or without
changes, also receives the License and the copyright notice included with
Software (and if included by the Licensor, patent, trademark, and attribution
notice). Licensee must ensure that License is prominently displayed so that
any individual or entity seeking to download, copy, use, or otherwise receive
any part of Software from Licensee is notified of this License and its terms
and conditions. Licensee must cause any modified versions of the Software to
carry prominent notices stating that Licensee changed the Software.

5.2. Modified Software: Licensee is free to create modifications of the
Software and distribute only the modified portion created by Licensee,
however, any derivative work stemming from the Software or its code must be
distributed pursuant to this License, including this Notice provision.

5.3. Recipients as Licensees: Any individual or entity that uses, copies,
modifies, reproduces, distributes, or prepares derivative work based upon the
Software, all or part of the Software's code, or a derivative work developed
by using the Software, including a portion of its code, is a Licensee as
defined above and is subject to the terms and conditions of this License.


6. REPRESENTATIONS AND WARRANTIES

6.1. Disclaimer of Warranty: TO THE FULL EXTENT ALLOWED BY LAW, THIS
SOFTWARE COMES "AS IS," WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, AND
LICENSOR SHALL NOT BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DAMAGES OR OTHER
LIABILITY ARISING FROM, OUT OF, OR IN CONNECTION WITH THE SOFTWARE OR THIS
LICENSE, UNDER ANY LEGAL CLAIM.

6.2. Limitation of Liability: LICENSEE SHALL HOLD LICENSOR HARMLESS AGAINST
ANY AND ALL CLAIMS, DEBTS, DUES, LIABILITIES, LIENS, CAUSES OF ACTION,
DEMANDS, OBLIGATIONS, DISPUTES, DAMAGES, LOSSES, EXPENSES, ATTORNEYS' FEES,
COSTS, LIABILITIES, AND ALL OTHER CLAIMS OF EVERY KIND AND NATURE
WHATSOEVER, WHETHER KNOWN OR UNKNOWN, ANTICIPATED OR UNANTICIPATED, FORESEEN
OR UNFORESEEN, ACCRUED OR UNACCRUED, DISCLOSED OR UNDISCLOSED, ARISING OUT OF
OR RELATING TO LICENSEE'S USE OF THE SOFTWARE. NOTHING IN THIS SECTION SHOULD
BE INTERPRETED TO REQUIRE LICENSEE TO INDEMNIFY LICENSOR, NOR REQUIRE
LICENSOR TO INDEMNIFY LICENSEE.


7. TERMINATION

7.1. Violations of Ethical Standards or Breaching Duty of Care: If Licensee
violates the Ethical Standards section or Licensee, or any other person or
entity within the Supply Chain prior to a good or service reaching the
Licensee, breaches its Duty of Care to Supply Chain Impacted Parties,
Licensee must remedy the violation or harm caused by Licensee within 30 days
of being notified of the violation or harm. If Licensee fails to remedy the
violation or harm within 30 days, all rights in the Software granted to
Licensee by License will be null and void as between Licensor and Licensee.

7.2. Failure of Notice: If any person or entity notifies Licensee in writing
that Licensee has not complied with the Notice section of this License,
Licensee can keep this License by taking all practical steps to comply within
30 days after the notice of noncompliance. If Licensee does not do so,
Licensee's License (and all rights licensed hereunder) will end immediately.

7.3. Judicial Findings: In the event Licensee is found by a civil, criminal,
administrative, or other court of competent jurisdiction, or some other
adjudicating body with legal authority, to have committed actions which are in
violation of the Ethical Standards or Supply Chain Impacted Party sections of
this License, all rights granted to Licensee by this License will terminate
immediately.

7.4. Patent Litigation: If Licensee institutes patent litigation against any
entity (including a cross-claim or counterclaim in a suit) alleging that the
Software, all or part of the Software's code, or a derivative work developed
using the Software, including a portion of its code, constitutes direct or
contributory patent infringement, then any patent license, along with all
other rights, granted to Licensee under this License will terminate as of the
date such litigation is filed.

7.5. Additional Remedies: Termination of the License by failing to remedy
harms in no way prevents Licensor or Supply Chain Impacted Party from seeking
appropriate remedies at law or in equity.


8. MISCELLANEOUS

8.1. Conditions: Sections 3, 4.1, 5.1, 5.2, 7.1, 7.2, 7.3, and 7.4 are
conditions of the rights granted to Licensee in the License.

8.2. Equitable Relief: Licensor and any Supply Chain Impacted Party shall be
entitled to equitable relief, including injunctive relief or specific
performance of the terms hereof, in addition to any other remedy to which
they are entitled at law or in equity.

8.3. Copyleft: Modified software, source code, or other derivative work must
be licensed, in its entirety, under the exact same conditions as this
License.

8.4. Severability: If any term or provision of this License is determined to
be invalid, illegal, or unenforceable by a court of competent jurisdiction,
any such determination of invalidity, illegality, or unenforceability shall
not affect any other term or provision of this License or invalidate or
render unenforceable such term or provision in any other jurisdiction. If the
determination of invalidity, illegality, or unenforceability by a court of
competent jurisdiction pertains to the terms or provisions contained in the
Ethical Standards section of this License, all rights in the Software granted
to Licensee shall be deemed null and void as between Licensor and Licensee.

8.5. Section Titles: Section titles are solely written for organizational
purposes and should not be used to interpret the language within each
section.

8.6. Citations: Citations are solely written to provide context for the
source of the provisions in the Ethical Standards.

8.7. Section Summaries: Some sections have a brief italicized description
which is provided for the sole purpose of briefly describing the section and
should not be used to interpret the terms of the License.

8.8. Entire License: This is the entire License between the Licensor and
Licensee with respect to the claims released herein and that the
consideration stated herein is the only consideration or compensation to be
paid or exchanged between them for this License. This License cannot be
modified or amended except in a writing signed by Licensor and Licensee.

8.9. Successors and Assigns: This License shall be binding upon and inure to
the benefit of the Licensor's and Licensee's respective heirs, successors,
and assigns.