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L.I.M.A. License License for the Integral Maintenance of Artistic work

Version 1.0, October 2015. Copyright ©, Nitrux S.A.

You are permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.

THIS (“LICENSE” hereinafter, the “L.I.M.A. License” or “License”) is made effective after the (“LICENSOR” hereinafter, “Author”) releases the (“WORK” hereinafter, the “Artistic Work”) in any form or medium.

WHEREAS:

  1. (“LICENSEE” hereinafter, “Licensee”) obtains a license to copy, modify, distribute, and/or redistribute the licensed Artistic Work; and
  2. Author is willing to grant a non-exclusive, non-transferable License to use the licensed Artistic Work under the term and specific conditions set forth in this License.

PREAMBLE The intent of this license is to be used for situations where traditional “copyleft” licenses that are meant for machine readable computer code are used for works that are not software. This license is specially focused in arts and is meant to be used for: visual arts, performing arts, media arts, literary arts and culinary arts. It SHOULD NOT be used for anything outside of this scope. L.I.M.A. License wants to provide a way for artistic works to keep their integrity intact while at the same time allowing others to modify and distribute modifications.

This license is in pro of cultural distribution, mutual collaboration and fairness.

Now, therefore, in consideration of the foregoing, and the mutual promises and undertakings contained herein, and other good valuable consideration, the parties agree as follows:

  1. DEFINITIONS

    1. “License” means this License Agreement.
    2. “Author” means the individual(s) or organization(s) directly responsible for the creation of the Artistic Work
    3. “Licensee” means you, the individual(s) or organization(s) using this collection of files as distributed by the Author and accepting the Author terms and conditions.
    4. “Artistic Work” means the usable, executable or performable form of the work as distributed or released by the Author.
    5. “Modified Artistic Work” means derivatives of the Artistic Work created by the Licensee.
    6. “Integrity” means firm adherence to a code of especially moral or artistic values defined by the Author.
    7. “Documentation” means any form of support material of the Artistic Work where the Author determines the values and fundamentals of the Artistic Work. This includes but is not limited to: guidelines, wikis, vision statements, branding identity guides, knowledge bases, blogs, websites, notes, photographs, demos and mockups made available by the Author.
    8. “Sources” means the collection of files and/or prototype(s) used in the creation of the Artistic Work and the Modified Artistic Work.
    9. “Wealth” means the amount of money, in any currency, in relation to the sale of the Artistic Work and of the Modified Artistic Work.
    10. “Derivatives” means Modified Artistic Work that has been derived from a Modified Artistic Work made by someone other than the Licensee.
    11. “Third Parties” means anyone else not directly involved with the Licensee.

  2. LICENSE GRANT

    1. Author grants to the Licensee a non-exclusive, non-transferable License to use the Artistic Work under the terms and conditions specified as follows:
      1. Permission to Copy
        • Licensee is allowed to make verbatim copies of the Artistic Work without restriction.
      2. Permission to Use
        • Licensee is allowed to use a verbatim copy of the Artistic Work for any purpose with the exception of using the Artistic Work for uses that can result in the loss of the Integrity as defined by the Author.
      3. Permission to Modify
        • Licensee is allowed to modify the Artistic Work for any purpose under the condition of adhering to the Documentation of the Artistic Work.
      4. Permission to Distribution
        • Licensee is allowed to provide verbatim copies of the Artistic Work or making it accessible to anyone else.
    2. Author grants to the Licensee a non-exclusive, non-transferable License for the distribution of Modified Artistic Work under the terms and conditions specified as follows:
      1. Permission to Distribution of Modified Artistic Work
        • Licensee is allowed by the Author to distribute modifications of the Artistic Work only if this Modified Artistic Work is in compliance to the Author defined Integrity and adheres to the Documentation of the original Artistic Work.
          1. Modified Artistic Work by the Licensee is, therefore, subject to, the conditions of copy, use, modification and distribution as the Artistic Work is derived from; and
          2. Modified Artistic Work that has been derived from a Modified Artistic Work made by someone other than you is herein subject to, the conditions of copy, use, modification and distribution as the Modified Artistic Work is derived from.

  3. LICENSE FEES AND WAIVES

    1. In consideration for the license grant described in this License, the Author reserves the right to apply or waive a fee for the obtention of the Artistic Work and/or the Sources, therefore, the parties agree as follows:
      1. if the fee is waived;
        • the Licensee can obtain the Artistic Work and/or the Sources gratis; and
        • in the event that the Licensee obtains the Artistic Work and/or the Sources gratis from the Author, in no way will the Author ask for a fee to the Licensee in relation to the obtention of the Artistic Work; and
        • the Licensee will not be held liable by the Author in any way, for any loss, damage or injury related to the waiving of the fee.
      2. if the fee is applied:
        • the Licensee is deemed to make the payment of the fee however it is set by the Author within 24 hours of the obtention of the Artistic Work and/or the Sources given by the Author.
        • if the Licensee cannot within reasonable time corrected this condition, the Author is in full right to revoke the License granted to the Licensee; and
        • the Licensee will be held liable by the Author in any way, considered fair, for any loss, damage or injury related to the debt of the fee.
    2. In consideration for the license grant described in this License, the Author waives any fees to the Licensee and any Third Parties in relation to the copy, use, modification and distribution of the Artistic Work; and
    3. any fees in relation to the copy, use, modification and distribution of the Modified Artistic Work if it is offered by the Licensee gratis; or
    4. any fees in relation to the copy, use, modification but not the distribution of the Modified Artistic Work if the it is offered by the Licensee for a fee.
      1. If the Artistic Work was obtained from the Author gratis by the Licensee, the resulting Modified Artistic Work by the Licensee is, therefore, eligible to be offered gratis or for a fee set by the Licensee in the event that the Author authorizes the Licensee to sell the Modified Artistic Work; or
      2. if the Artistic Work was obtained by the Licensee after paying a fee to the Author, the resulting Modified Artistic Work by the Licensee is, therefore, eligible to be offered for a fee and not gratis; and
      3. any Wealth generated from this shall be fairly distributed with the Author, as stated in Section 5, e.
    5. Notwithstanding, If your Modified Artistic Work has been derived from a Modified Artistic Work made by someone other than you, you are required to offer your work the same way it was offered to you, either by offering it gratis or for a fee; and
    6. the Wealth generated by your Modified Artistic Work of a Modified Artistic Work made by someone other than you, will still be held to the terms and conditions of this License; therefore
    7. if your Modified Artistic Work has been derived from a Modified Artistic Work made by someone other than you, you agree to the mutual promises and undertakings contained in Section 5.

  4. FAIR USE

    1. Under the conditions of this License, Fair use of the Artistic Work and its Derivatives by the Licensee and/or Third Parties, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, are not an infringement of this License.
      1. If such purposes indirectly generate Wealth to the Licensee and/or Third Parties, such as the use of advertisement in blogs, websites and/or printed mediums in relation to the Fair use of the Artistic Work and its Derivatives by the Licensee and/or Third Parties, the Licensee and any Third Parties involved cannot be held liable; and
      2. the Author will not in any way, make a claim for any loss, damage or injury related to the indirect generation of Wealth as it is considered, under the conditions of this License, to be Fair use of the Artistic Work and its Derivatives by the Licensee and/or Third Parties.

  5. LICENSEE OBLIGATIONS

    1. Licensee agrees to the terms and conditions specified by this License for use of the Artistic Work.
    2. Licensee will not distribute Modified Artistic Work under the same name or a name that is a derivative of the Artistic Work original name.
    3. Licensee will not license or sub-license the Modified Artistic Work.
    4. Licensee will not sell the Modified Artistic Work without the permission of the Author.
    5. Licensee agrees to distribute fairly the Wealth generated from the authorized sale of the Modified Artistic Work with the Author.
    6. Licensee agrees to provide this License and a copyright notice when distributing verbatim copies of the Artistic Work and copies of the Modified Artistic Work to others.
    7. Licensee agrees to adhere to the Documentation when creating Modified Artistic Work derived from the Artistic Work.
    8. Licensee agrees to provide the Sources of the Modified Artistic Work on request of the Author.
    9. Licensee will not publish the Sources of the Artistic Work and neither of the Modified Artistic Work without the permission of the Author if the Modified Artistic Work is be offered for a fee or the Sources were obtained for a fee.

  6. AUTHOR OBLIGATIONS

    1. Author agrees to not use any technological measures that prevents the Licensee from creating Modified Artistic Work and provide Documentation for the Licensee.
    2. Author agrees to the distribution of Modified Artistic Work by the Licensee if it adheres to the Documentation and the Integrity is not compromised.
    3. Author will provide the Sources of the Artistic Work on request of the Licensee.
    4. Author agrees to include the Modified Artistic Work either in parts or in full in the Artistic Work if it adheres to the Documentation and the Integrity is not compromised.
    5. Author will mention the Licensee as a collaborator if the Modified Artistic Work is included either in parts or in full in the Artistic Work.
    6. Author allows the Licensee to sell the Modified Artistic Work if a fair distribution of revenue is presented by the Licensee to the Author.
    7. Author agrees to distribute fairly the Wealth generated from the sale of the Artistic Work with the Licensee if it contains either in parts or in full Modified Artistic Work by the Licensee.
    8. Author agrees to not revoke the right of the Licensee to publish the Sources of the Modified Artistic Work and/or the Artistic Work after the initial authorization to the Licensee.
    9. Author agrees to not revoke this License if the Licensee meets the terms and conditions set forth in this License.

  7. LIMITATION OF LIABILITY

    1. To the extent permitted by law, the Author will in no way be liable to the Licensee or any Third Parties for any loss or damage, however caused (including through negligence) which may be directly or indirectly suffered in connection with any use of the Artistic Work and/or its Derivatives.
    2. Artistic Work is provided by the Author on an “as is” basis.
    3. Author will not be held liable by the License and/or any Third Parties in any way, for any loss, damage or injury suffered by the Licensee or by any other person related to the use and/or misuse of the Artistic Work.
    4. Licensee acknowledges that:
      1. The Artistic Work has not been prepared to meet any specific requirements of any party, including any requirements of the Licensee; and
      2. it is therefore the responsibility of the Licensee to ensure the Artistic Work meets its own requirements.

  8. TERMINATION

    1. License granted herein is otherwise terminated by the Author in the event of any of the following:
      1. If the Licensee is in breach of any term of this License and has not corrected such breach to the Author reasonable satisfaction within 7 days of the notice of the same or;
      2. the Licensee is in breach of Section 5 of this License.

  9. DISCLAIMER

    1. All rights over and in respect to the Artistic Work are owned by the Author. The Licensee does not acquire any rights of ownership in the Artistic Work; and
    2. for the differences between the Artistic Work and the Modified Artistic Work, authorship is attributed to the Licensee, while the material sampled or used from the Artistic Work remains attributed to the original Author; appropriate notice must be included with the Modified Artistic Work indicating the nature and the dates of any modifications made by the Licensee; however
    3. noted the Licensee cannot held Third Parties liable in any way, for any loss, damage or injury in relation to any Derivatives of the Modified Artistic Work by the Licensee as it is not the owner of the Artistic Work but only of the modifications; and
    4. should instead notify the Author within reasonable time of any breaches of the License.

  10. GENERAL PROVISIONS

    1. Any use, modification, and distribution of the Artistic Work is governed by the License. By using, modifying or distributing the Artistic Work, you accept this license. Do not use, modify, or distribute the Artistic Work if you do not accept this license.
    2. If your Modified Artistic Work has been derived from a Modified Artistic Work made by someone other than you, you are nevertheless required to ensure that your Modified Artistic Work is in compliance of this License.
    3. L.I.M.A. License does not grant you the right to use any trademark, service mark, tradename, or logo without the permission of the Author.