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LICENSE.txt
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This program is released under a double license:
------------------------------------------------
Primarily, the Hacktivismo Enhanced-Source Software License Agreement
(HESSLA), which can be found in full and with an additional statement about its
objectives, at http://www.hacktivismo.com/about/hessla.php;
and for compatibility reasons, the GNU General Public License (GPL), see
http://www.gnu.org/licenses/.
While the GPL contains the terms and conditions under which this software
and derivative works thereof can be freely distributed, and thus is aimed
primarily at software developers, the HESSLA, while granting the same rights
and obligations to modify and distribute the software, contains additional
terms that govern the use of this software. This makes the HESSLA function as
a contract between the author and the user, rather than just being a copyleft
agreement.
In particular, the HESSLA contains objectives on security standards
(section 9), the adherence of the use of the software to respecting human
rights, political freedom and privacy standards (section 10), as well as
special terms on the use of the software by governmental entities and
governmental persons (section 14).
For the purpose of including this software or portions thereof in GNU GPL
licensed projects, this software is also licensed under the GPL. You may
distribute this software or derivatives under the GNU GPL, provided that YOUR
DISTRIBUTION IS ALSO SUBJECT TO THE HESSLA.
The HESSLA: Synopsis
--------------------
UMTSkeeper is free software: you can redistribute it and/or modify it under
the terms of the Hacktivismo Enhanced-Source Software License Agreement
(HESSLA) as published by Hacktivismo, either version 1 of the License, or (at
your option) any later version.
By using this software, you express that you read and understood this
license agreement, and that you are a Qualified Licensee of the software as
laid out in section 0.8, at the time you use this software.
(0.8) Qualified Licensee: A "Qualified Licensee" means a Licensee that
remains in full compliance with all terms and conditions of this License
Agreement. You are no longer a Qualified Licensee if, at any time, You
violate any terms of this License Agreement. [...]
(3) "Qualified Licensee" Requirement: Neither the Program nor any Software
or Derivative Work based on the Program may be copied, distributed,
displayed, performed, used or modified by You, even for Your own purposes,
unless You are a "Qualified Licensee." To remain a Qualified Licensee, You
must remain in full compliance with all terms and conditions of this License
Agreement.
(4.1) You may not copy, modify, or distribute the Program, or obtain any
copy, except as expressly provided under this License Agreement. Any attempt
otherwise to copy, modify, obtain a copy, sublicense or distribute the
Program is void, and will automatically terminate Your rights under this
License Agreement and subject You to all cumulative remedies for each
successive violation that may be available to the Author. [...]
(4.3) Each time You redistribute the Program (or any Software or Derivative
Work based on the Program), the recipient automatically receives a License
Agreement from the Author to copy, distribute, modify, perform or display the
Software, subject to the terms and conditions of this License Agreement. You
may not impose any further restrictions on the recipients' exercise of the
rights granted herein. You are not responsible for enforcing compliance by
third parties to this License Agreement. Enforcement is the responsibility of
the Author.
(5.2) Grant of License. If and only if, and for so long as You remain a
Qualified Licensee, in accordance with Section 3 of this License Agreement,
Author hereby grants You a world-wide, royalty-free, non-exclusive,
non-sublicensable copyright license to do the following:
(5.2.1) to reproduce the Source Code of the Program in copies;
(5.2.2) to prepare Derivative Works based upon the Program and to edit or
modify the Source Code in the process of preparing such Derivative Works;
(5.2.3) to distribute copies of the Source Code of the Original Work and/or
of Derivative Works to others, with the proviso that copies of Original Work
or Derivative Works that You distribute shall be licensed under this License
Agreement, and that You shall fully inform all recipients of the terms of
this License Agreement. [...]
(9.3) Any Program, Software, or modification thereof copied or distributed
by You, that incorporates any portion of the Original Work, must not contain
any code or functionality that subverts the security of the Software or the
end-user's expectations of privacy, anonymity, confidentiality, authenticity,
and trust, including (without limitation) any code or functionality that
introduces any "backdoor," escrow mechanism, "spy-ware," or surveillance
techniques or methods into any such Program, Software, or modification
thereof;
(10.1) Neither the Program, nor any Software or Derivative Work based on
the Program may used by You for any of the following purposes (10.1.1 through
10.1.5, inclusive):
(10.1.1) to violate or infringe any human rights or to deprive any person
of human rights, including, without limitation, rights of privacy, security,
collective action, expression, political freedom, due process of law, and
individual conscience;
(10.1.2) to gather evidence against any person to be used to deprive any
person of human rights;
(10.1.3) any other use as a part of any project or activity to deprive any
person of human rights, including not only the above-listed rights, but also
rights of physical security, liberty from physical restraint or
incarceration, freedom from slavery, freedom from torture, freedom to take
part in government, either directly or through lawfully elected
representatives, and/or freedom from self-incrimination;
(10.1.4) any surveillance, espionage, or monitoring of individuals, whether
done by a Governmental Entity, a Governmental Person, or by any
non-governmental person or entity;
(10.1.5) censorship or "filtering" of any published information or
expression.
(10.2) Additionally, the Program, any modification of it, or any Software
or Derivative Work based on the Program may not be used by any Governmental
Entity or other institution that has any policy or practice (whether official
or unofficial) of violating the human rights of any persons.
(10.3) You may not authorize, permit, or enable any person (including,
without limitation, any Governmental Entity or Governmental Person) to use
the Program or any Software or Derivative Work based on it (including any use
of Your copy or copies of the Program) unless such person has accepted this
License Agreement and has become a Licensee subject to all its terms and
conditions, including (without limitation) the use restrictions embodied in
Section 10.1 and 10.2, inclusive.
(15) Subsequent Versions of HESSLA. Hacktivismo may publish revised and/or
new versions of the Hacktivismo Enhanced-Source Software License Agreement
from time to time. Such new versions will be similar in spirit to the present
version, but may differ in detail to address new problems or concerns.
Each version is given a distinguishing version number. Any Program released
by Hacktivismo under a version of this License Agreement prior to Version
1.0, shall be considered released under Version 1.0 of the Hacktivismo
Enhanced-Source Software License Agreement, once Version 1.0 is formally
released. Prior to Version 1.0, any Software released by Hacktivismo or a
Licensee of Hacktivismo under a lower-numbered version of the HESSLA shall be
considered automatically to be subject to a higher-number version of the
HESSLA, whenever a later-numbered version has been released.
The HESSLA: full text (version 0.1)
-----------------------------------
TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION, USE AND/OR MODIFICATION
0. DEFINITIONS. The following are defined terms that, whenever used in this
License Agreement, have the following meanings:
0.1 Author: "Author" shall mean the copyright holder of an Original Work
(the "Program") released by the Author under this License Agreement.
0.2 Copy: "Copy" shall mean everything and anything that constitutes a copy
according to copyright law, without limitation. A "copy" does not become
anything other than a "copy" merely because, for example, a governmental or
institutional employee duplicates the Program or a part of it for another
employee of the same institution or Governmental Entity, or merely because it
is copied from one computer to another, or from one medium to another, or
multiple copies are made on the same medium, within the same institutional or
Governmental Entity.
0.3 Derivative Work: A "Derivative Work" or "work based on the Program"
shall mean either the Program itself or any work containing the Program or a
portion of it, either verbatim or with modifications and/or translated into
another language. (Hereinafter, translation is included without limitation in
the term "modification."). In the unlikely event that, and to the extent that,
this contractual definition of "Derivative Work" is later determined by any
tribunal or dispute-resolution body to be different is scope from the meaning
of "derivative work" under the copyright law of any country, then the broadest
and most encompassing possible definition either the contractual definition of
"Derivative Work," or any broader and more encompassing statutory or legal
definition, shall control. Acceptance of this contractually-defined scope of
the term "Derivative Work" is a mandatory pre-condition for You to receive any
of the benefits offered by this License Agreement.
0.3.1 Mere aggregation of another work not based on the Program with the
Program (or with a Derivative Work based on the Program) on a volume of a
storage or distribution medium does not bring the other work under the scope
of this License Agreement.
0.4 License Agreement: When used in this License Agreement, the terms "this
License" or "this License Agreement" shall mean The Hactivismo Enhanced-Source
Software License Agreement, v. 0.1, or any subsequent version made applicable
under the terms of Section 15.
0.5 Licensee: The term "Licensee" shall mean You or any other Licensee,
whether or not a Qualified Licensee.
0.6 Original Work: "Original Work" shall mean a Program or other work of
authorship, or portion thereof, that is not a Derivative Work.
0.7 Program: The "Program," to which this License Agreement applies, is the
Original Work (including, but not limited to, computer software) released by
the Author under this License Agreement.
0.8 Qualified Licensee: A "Qualified Licensee" means a Licensee that remains
in full compliance with all terms and conditions of this License Agreement.
You are no longer a Qualified Licensee if, at any time, You violate any terms
of this License Agreement. Neither the Program nor any Software based on the
Program may be copied, distributed, performed, displayed, used or modified by
You, even for Your own purposes, unless You are a Qualified Licensee. A
Licensee other than a Qualified Licensee remains subject to all terms and
conditions of this License Agreement, and to all remedies for each cumulative
violation as set forth herein. Loss of the status of Qualified Licensee
signifies that violation of any terms of the License Agreement subjects a
Licensee to loss of most of the benefits that Qualified Licensees enjoy under
this License Agreement, and to additional remedies for all violations
occurring after the first violation.
0.9 Software: "Software" or "the Software" shall mean the Program, any
Derivative Work based on the Program or a portion thereof, and/or any modified
version of the Program or portion thereof, without limitation.
0.10 Source Code: The term "Source Code" shall mean the preferred form of a
Program or Original Work for making modifications to it and all available
documentation describing how to access and modify that Program or Original
Work.
0.10.1 For an executable work, complete Source Code means all the Source
Code for all modules it contains, plus any associated interface definition
files, plus the scripts used to control compilation and installation of the
executable. However, as a special exception, the Source Code distributed need
not include anything that is normally distributed (in either source or binary
form) with the major components (compiler, kernel, and so on) of the operating
system on which the executable runs, unless that component itself accompanies
the executable.
0.10.2 "Object Code:" Because of certain peculiarities of current
export-control rules, "object code" of the Program, or any modified version of
the Program, or Derivative Work based on the Program, must not be exported
except by way of distribution that is ancillary to the distribution of the
Source Code. The "Source Code" shall be understood as the primary content
transferred or exported by You, and the "object code" shall be considered as
merely an ancillary component of any such export distribution.
0.11 Strong Cryptography: "Strong Cryptography" shall mean cryptography no
less secure than (for example, and without limitation) a 2048-bit minimum key
size for RSA encryption, 1024-bit minimum key size for Diffie-Hellman (El
Gamal), or a 256-bit minimum key size for AES and similar symmetric ciphers.
0.12 Substandard Key-Selection Technique: The term "Substandard
Key-Selection Technique" shall mean a method or technique to cause encryption
keys to be more easily guessed or less secure, such as by (i) causing the
selection of keys to be less than random, or (ii) employing a selection
process that selects among only a subset of possible keys, instead of from
among the largest set of possible keys that can securely be used consistent
with contemporary knowledge about the cryptographic techniques employed by
You. The following illustrations elaborate on the foregoing definition:
0.12.1 If the key-generation or key-selection technique for the encryption
algorithm You employ involves the selection of one or more prime numbers, or
involves one or more mathematical functions or concatenations performed on one
or more prime numbers, then each prime number should be selected from a very
large set of candidate prime numbers, but not necessarily from the set of all
possible prime numbers (e.g., inclusion of the number 1 in the candidate set,
for example, may in some instances reduce rather than enhance security), and
absolutely not from any artificially small set of candidate primes that makes
the guessing of a key easier than would be the case if a secure key-generation
technique were employed. In all instances, the primes should be selected at
random from among the candidate set. If there is a customary industry standard
for maximizing the security associated with the key-generation or
key-selection technique for the cryptosystem You select, then (with attention
also to the requirements of Section 0.11), You should employ a key-generation
or selection technique no less secure than the customary industry standard for
secure use of the cryptosystem.
0.12.2 If the key-generation or key-selection technique for the encryption
algorithm You employ involves the selection of a random integer, or the
transformation of a random integer through one or more mathematical processes,
then the selection of the integer shall be at random from the largest possible
set of all possible integers consistent with the secure functioning of the
encryption algorithm. It shall not be selected from an artificially small set
of integers (e.g., if a 256-bit random integer serves as the key, then You
could not set 200 of the 256 bits as "0," and randomly generate only the
remaining 56 bits producing effectively a 56-bit keylength instead of using
the full 256 bits).
0.12.3 In other words, Your key-generation technique must promote security
to the maximum extent permitted by the cryptographic method(s) and keylength
You elect to employ, rather than facilitating eavesdropping or surveillance in
any way. The example of GSM telephones, in which 16 of 56 bits in each
encryption key were set at "0," thereby reducing the security of the system by
a factor of 65,536, is particularly salient. Such artificial techniques to
reduce the security of a cryptosystem by selecting keys from only a
less-secure or suboptimal subset of possible keys, is prohibited and will
violate this License Agreement if any such technique is employed in any
Software.
0.13 You: Each Licensee (including, without limitation, Licensees that have
violated the License Agreement and who are no longer Qualified Licensees, but
who nevertheless remain subject to all requirements of this License Agreement
and to all cumulative remedies for each successive violation), is referred to
as "You."
0.13.1 Governmental Entity: "You" explicitly includes any and all
"Governmental Entities," without limitation. "Governmental Entity" or
"Governmental Entities," when used in this License Agreement, shall mean
national governments, sub-national governments (for example, and without
limitation, provincial, state, regional, local and municipal governments,
autonomous governing units, special districts, and other such entities),
governmental subunits (without limitation, governmental agencies, offices,
departments, government corporations, and the like), supra-national
governmental entities such as the European Union, and entities through which
one or more governments perform governmental functions or exercise
governmental power in coordination, cooperation or unison.
0.13.2 Governmental Person: "You" also explicitly includes "Governmental
Persons." The terms "Governmental Person" or "Governmental Persons," when used
in this License Agreement, shall mean the officials, officers, employees,
representatives, contractors and agents of any Governmental Entity.
1. Application of License Agreement. This License Agreement applies to any
Program or other Original Work of authorship that contains a notice placed by
the Author saying it may be distributed under the terms of this License
Agreement. The preferred manner of placing such a notice is to include the
following statement immediately after the copyright notice for such an
Original Work:
"Licensed under the Hacktivismo Enhanced-Source Software License Agreement,
Version 0.1"
2. Means of Acceptance Use, Copying, Distribution or Modification By Anyone
Constitutes Acceptance. Subject to Section 14.1 (concerning the special case
of certain Governmental Entities) any copying, modification, distribution, or
use by You of the Program or any Software, shall constitute Your acceptance of
all terms and conditions of this License Agreement.
2.1 As a Licensee, You may not authorize, permit, or enable any person to
use the Program or any Software or Derivative Work based on it (including any
use of Your copy or copies of the Program) unless such person has accepted
this License Agreement and has become a Licensee subject to all its terms and
conditions.
2.2 You may not make any copy for Your own use unless You have accepted this
License Agreement and subjected yourself to all its terms and conditions.
2.3 You may not make a copy for the use of any other person, or transfer a
copy to any other person, unless such person is a Licensee that has accepted
this License Agreement and such person is subject to all terms and conditions
of this License Agreement.
2.4 It is not the position of Hacktivismo that copyright law confers an
exclusive right to use, as opposed to the exclusive right to copy the
Software. However, for purposes of contract law, any use of the Software shall
be considered to constitute acceptance of this License Agreement. Moreover,
all copying is prohibited unless the recipient of a copy has accepted the
License Agreement. Because each such recipient Licensee is contractually
obligated not to permit anyone to access, use, or secure a copy of the
Software, without first accepting the terms and conditions of this License
Agreement, use by non-Licensees is effectively prohibited contractually
because nobody can obtain a copy of, or access to a copy of, any Software
without (1) accepting the License Agreement through use, and (2) triggering
some Licensee's obligation to require acceptance as a precondition of copying
or access.
3. "Qualified Licensee" Requirement: Neither the Program nor any Software or
Derivative Work based on the Program may be copied, distributed, displayed,
performed, used or modified by You, even for Your own purposes, unless You are
a "Qualified Licensee." To remain a Qualified Licensee, You must remain in
full compliance with all terms and conditions of this License Agreement.
4. License Agreement Is Exclusive Source of All Your Rights:
4.1 You may not copy, modify, or distribute the Program, or obtain any copy,
except as expressly provided under this License Agreement. Any attempt
otherwise to copy, modify, obtain a copy, sublicense or distribute the Program
is void, and will automatically terminate Your rights under this License
Agreement and subject You to all cumulative remedies for each successive
violation that may be available to the Author. However, Qualified Licensees
who have received copies from You (and thereby have received rights from the
Author) under this License Agreement, and who would otherwise qualify as
Qualified Licensees, will not have their rights under their License Agreements
suspended or restricted on account of anything You do, so long as such parties
remain in full compliance.
4.2 You are not required to accept this License Agreement and prior to the
time You elect to become a Licensee and accept this License Agreement, You may
always elect instead not to copy, use, modify, distribute, compile, or perform
the Program or any Software released under this License Agreement. However,
nothing else grants You permission to copy, to obtain or possess a copy, to
compile a copy in object code or executable code from a copy in source code,
to modify, or to distribute the Program or any Software based on the Program.
These actions are prohibited by law if You do not accept this License
Agreement. Additionally, as set forth in Section 2, any use, copying or
modification of the Software constitutes acceptance of this License Agreement
by You.
4.3 Each time You redistribute the Program (or any Software or Derivative
Work based on the Program), the recipient automatically receives a License
Agreement from the Author to copy, distribute, modify, perform or display the
Software, subject to the terms and conditions of this License Agreement. You
may not impose any further restrictions on the recipients' exercise of the
rights granted herein. You are not responsible for enforcing compliance by
third parties to this License Agreement. Enforcement is the responsibility of
the Author.
5. Grant of Source Code License.
5.1 Source Code Always Available from Author: Author hereby promises and
agrees except to the extent prohibited by export-control law to provide a
machine-readable copy of the Source Code of the Program at the request of any
Licensee. Author reserves the right to satisfy this obligation by placing a
machine-readable copy of the Source Code of the most current version of the
Program in an information repository reasonably calculated to permit
inexpensive and convenient access by You for so long as Author continues to
distribute the Program, and by publishing the address of that information
repository in a notice immediately following the copyright notice that applies
to the Program. Every copy of the Program distributed by Hacktivismo (but not
necessarily every other Author) consists of the Source Code accompanied, in
some instances, by an ancillary distribution of compiled Object Code, but the
continued availability of the Source Code from the Author addresses the
possibility that You might have (for any reason) not received from someone
else a complete, current, copy of the Source Code (lack of which would, for
example, prevent You from exporting copies to others without violating this
license, see Section 8).
5.2 Grant of License. If and only if, and for so long as You remain a
Qualified Licensee, in accordance with Section 3 of this License Agreement,
Author hereby grants You a world-wide, royalty-free, non-exclusive,
non-sublicensable copyright license to do the following:
5.2.1 to reproduce the Source Code of the Program in copies;
5.2.2 to prepare Derivative Works based upon the Program and to edit or
modify the Source Code in the process of preparing such Derivative Works;
5.2.3 to distribute copies of the Source Code of the Original Work and/or of
Derivative Works to others, with the proviso that copies of Original Work or
Derivative Works that You distribute shall be licensed under this License
Agreement, and that You shall fully inform all recipients of the terms of this
License Agreement.
6. Grant of Copyright License. If and only if, and for so long as You remain
a Qualified Licensee, in accordance with Section 3 of this License Agreement,
Author hereby grants You a world-wide, royalty-free, non-exclusive,
non-sublicensable license to do the following:
6.1 to reproduce the Program in copies;
6.2 to prepare Derivative Works based upon the Program, or upon Software
that itself is based on the Program;
6.3 to distribute (either by distributing the Source Code, or by
distributing compiled Object Code, but any export of Object Code must be
ancillary to a distribution of Source Code) copies of the Program and
Derivative Works to others, with the proviso that copies of the Program or
Derivative Works that You distribute shall be licensed under this License
Agreement, that You shall fully inform all recipients of the terms of this
License Agreement;
6.4 to perform the Program or a Derivative Work publicly;
6.5 to display the Program or a Derivative Work publicly; and
6.6 to charge a fee for the physical act of transferring a copy of the
Program (You may also, at Your option, offer warranty protection in exchange
for a fee).
7. Grant of Patent License. If and only if, and for so long as You remain a
Qualified Licensee, in accordance with Section 3 of this License Agreement,
Author hereby grants You a world-wide, royalty-free, non-exclusive,
non-sublicensable license Agreement, under patent claims owned or controlled
by the Author that are embodied in the Program as furnished by the Author
("Licensed Claims") to make, use, sell and offer for sale the Program. Subject
to the proviso that You grant all Licensees a world-wide, non-exclusive,
royalty-free license under any patent claims embodied in any Derivative Work
furnished by You, Author hereby grants You a world-wide, royalty-free,
non-exclusive, non-sublicensable license under the Licensed Claims to make,
use, sell and offer for sale Derivative Works.
8. Exclusions From License Agreement Grants. Nothing in this License
Agreement shall be deemed to grant any rights to trademarks, copyrights,
patents, trade secrets or any other intellectual property of Licensor except
as expressly stated herein. No patent license is granted to make, use, sell or
offer to sell embodiments of any patent claims other than the Licensed Claims
defined in Section 7. No right is granted to the trademarks of Author even if
such marks are included in the Program. Nothing in this License Agreement
shall be interpreted to prohibit Author from licensing under additional or
different terms from this License Agreement any Original Work, Program, or
Derivative Work that Author otherwise would have a right to License.
8.1 Implied Endorsements Prohibited. Neither the name of the Author (in the
case of Programs and Original Works released by Hacktivismo, the name
"Hacktivismo"), nor the names of contributors who helped produce the Program
may be used to endorse or promote modifications of the Program, any Derivative
Work, or any Software other than the Program, without specific prior written
permission of the Author. Neither the name of Hacktivismo nor the names of any
contributors who helped write the Program may be used to endorse or promote
any Program or Software released under this License Agreement by any person
other than Hacktivismo.
9. Modifications and Derivative Works. Only Qualified Licensees may modify
the Software or prepare or distribute Derivative Works. If You are a Qualified
Licensee, Your authorization to modify the Software or prepare or distribute
Derivative Works (including permission to prepare and/or distribute Derivative
Works, as provided in Sections 5.2.2, 5.2.3, 6.2, 6.3, and 6.6) is subject to
each and all of the following mandatory terms and conditions (9.1 through 9.6,
inclusive):
9.1 You must cause the modified files to carry prominent notices stating
that You changed the files and the date of any change;
9.2 If the modified Software 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 that users may redistribute the program under this
License Agreement, and telling the user how to view a copy of this License
Agreement. (Exception: if the Program itself is interactive but does not
normally print such an announcement, Your Derivative Work based on the Program
is not required to print an announcement.);
9.3 Any Program, Software, or modification thereof copied or distributed by
You, that incorporates any portion of the Original Work, must not contain any
code or functionality that subverts the security of the Software or the
end-user's expectations of privacy, anonymity, confidentiality, authenticity,
and trust, including (without limitation) any code or functionality that
introduces any "backdoor," escrow mechanism, "spy-ware," or surveillance
techniques or methods into any such Program, Software, or modification
thereof;
9.4 Any Program, Software, or modification thereof copied or distributed by
You, that employs any cryptographic or other security, privacy,
confidentiality, authenticity, and/or trust methods or techniques, including
without limitation any Derivative Work that includes any changes or
modifications to any cryptographic techniques in the Program, shall employ
Strong Cryptography.
9.5 Any Program, Software, or modification thereof copied or distributed by
You, if it contains any key-generation or selection technique, must not employ
any Substandard Key-Selection Technique.
9.6 No Program or Software copied or distributed by You may transmit or
communicate any symmetric key, any "private key" if an asymmetric cryptosystem
is employed, or any part of such key, nor may it otherwise make any such key
or part of such key known, to any person other than the end-user who generated
the key, without the active consent and participation of that individual
end-user. If a private or symmetric key is stored or recorded in any manner,
it must not be stored or recorded in plaintext, and it must be protected from
reading (at a minimum) by use of a password. Use of steganography or other
techniques to disguise the fact that a private or symmetric key is even stored
is strongly encouraged, but not absolutely required.
10. Use Restrictions: Human Rights Violations Prohibited.
10.1 Neither the Program, nor any Software or Derivative Work based on the
Program may used by You for any of the following purposes (10.1.1 through
10.1.5, inclusive):
10.1.1 to violate or infringe any human rights or to deprive any person of
human rights, including, without limitation, rights of privacy, security,
collective action, expression, political freedom, due process of law, and
individual conscience;
10.1.2 to gather evidence against any person to be used to deprive any
person of human rights;
10.1.3 any other use as a part of any project or activity to deprive any
person of human rights, including not only the above-listed rights, but also
rights of physical security, liberty from physical restraint or incarceration,
freedom from slavery, freedom from torture, freedom to take part in
government, either directly or through lawfully elected representatives,
and/or freedom from self-incrimination;
10.1.4 any surveillance, espionage, or monitoring of individuals, whether
done by a Governmental Entity, a Governmental Person, or by any
non-governmental person or entity;
10.1.5 censorship or "filtering" of any published information or expression.
10.2 Additionally, the Program, any modification of it, or any Software or
Derivative Work based on the Program may not be used by any Governmental
Entity or other institution that has any policy or practice (whether official
or unofficial) of violating the human rights of any persons.
10.3 You may not authorize, permit, or enable any person (including, without
limitation, any Governmental Entity or Governmental Person) to use the Program
or any Software or Derivative Work based on it (including any use of Your copy
or copies of the Program) unless such person has accepted this License
Agreement and has become a Licensee subject to all its terms and conditions,
including (without limitation) the use restrictions embodied in Section 10.1
and 10.2, inclusive.
11. All Export Distributions Must Consist of or Be Ancillary to Distribution
of Source Code. Because of certain peculiarities of current export-control
law, any distribution by You of the Program or any Software may be in the form
of Source Code only, or in the form or Source Code accompanied by compiled
Object Code, but You may not export any Software in the form of compiled
Object Code only. Such an export distribution of compiled executable code must
in all cases be ancillary to a distribution of the complete corresponding
machine-readable source code, which must be distributed on a medium, or by a
method, customarily used for software interchange.
12. EXPORT LAWS: THIS LICENSE AGREEMENT ADDS NO RESTRICTIONS TO THE EXPORT
LAWS OF YOUR JURISDICTION. It is Your responsibility to comply with any export
regulations applicable in Your jurisdiction. From the United States, Canada,
or many countries in Europe, export or transmission of this Software to
certain embargoed destinations (including, but not necessarily limited to,
Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria), may be prohibited. If
Hacktivismo is identified as the Author of the Program (and it is not the
property of some other Author), then export to any national of Cuba, Iran,
Iraq, Libya, North Korea, Sudan or Syria, or into the territory of any of
these countries, by any Licensee who has received this Software directly from
Hacktivismo or from the Cult of the Dead Cow, or any of their members, is
contractually prohibited and will constitute a violation of this License
Agreement. You are advised to consult the current laws of any and all
countries whose laws may apply to You, before exporting this Software to any
destination. Special care should be taken to avoid export to any embargoed
destination. An Author other than Hacktivismo may substitute that Author's
legal name for "Hacktivismo" in this Paragraph, in relation to any Program
released by that Author under this Paragraph.
13. Contrary Judgments, Settlements and Court Orders. 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 Agreement, they do not excuse You from the conditions of this License
Agreement. If You cannot distribute so as to satisfy simultaneously Your
obligations under this License Agreement and any other pertinent obligations,
then as a consequence You may not distribute the Software at all. For example,
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 Agreement would
be to refrain entirely from distribution of the Program.
It is not the purpose of this Section 13 to induce You to infringe any
patents or other property right claims or to contest validity of any such
claims; this Section has the sole purpose of protecting the integrity of the
software distribution system reflected in this License Agreement, which is
implemented by public license practices. Many people have made generous
contributions to the wide range of software distributed through related
distribution systems, in reliance on consistent application of such
distribution systems; it is up to the Author/donor to decide if he or she is
willing to distribute software through any other system and a Licensee cannot
impose that choice.
14. Governmental Entities: Any Governmental Entity ("Governmental Entity" is
defined broadly as set forth in Section 0.13.1) or Governmental Person (as
"Governmental Person" is defined broadly in Section 0.13.2), that uses,
modifies, changes, copies, displays, performs, or distributes the Program, or
any Software or Derivative Work based on the Program, may do so if and only if
all of the following terms and conditions (14.1 through 14.10, inclusive) are
agreed to and fully met:
14.1 If it is the position of any Governmental Entity (or, in the case of
any "Governmental Person," if it is the position of that Governmental Person's
Governmental Entity) that any doctrine or doctrines of law (including, without
limitation, any doctrine(s) of immunity or any formalities of contract
formation) may render this License Agreement unenforceable or less than fully
enforceable against such Governmental Entity, or any Governmental Person of
such Governmental Entity, then prior to any use, modification, change,
display, performance, copy or distribution of the Program, or of any Software
or Derivative Work based on the Program, or any part thereof, by the
Governmental Entity, or by any Governmental Person of that Governmental
Entity, the Governmental Entity shall be required to inform the Author in
writing of each such doctrine that is believed to render this License
Agreement or any part of it less than fully enforceable against such
Governmental Entity or any Governmental Person of such entity, and to explain
in reasonable detail what additional steps, if taken, would render the License
Agreement fully enforceable against such entity or person. Failure to provide
the required written notice to the Author in advance of any such use,
modification, change, display, performance, copy or distribution, shall
constitute an irrevocable and conclusive waiver of any and all reliance on any
doctrine, by the Governmental Entity, that is not included or that is omitted
from the required written notice (failure to provide any written notice means
all reliance on any doctrine is irrevocably waived). Any Governmental Entity
that provides written notice under this subsection is prohibited, as are all
of the Governmental Persons of such Governmental Entity, from making any use,
change, display, performance, copy, modification or distribution of the
Software or any part thereof, until such time as a License Agreement is in
place, agreed upon by the Author and by the Governmental Entity, that such
entity concedes is fully-enforceable. Any use, modification, change, display,
performance, copy, or distribution following written notice under this
Paragraph, but without the implementation of an agreement as provided herein,
shall constitute an irrevocable and conclusive waiver by the Governmental
Entity (and any and all Governmental Persons of such Governmental Entity) of
any and all reliance on any legal doctrine either referenced in such written
notice or omitted from it.
14.2 Any Governmental Entity that uses, copies, changes, modifies, or
distributes, the Software or any part or portion thereof, or any Governmental
Person who does so (whether that person's Governmental Entity contends the
person's action was, or was not, authorized or official), permanently and
irrevocably waives any defense based on sovereign immunity, official immunity,
the Act of State Doctrine, or any other form of immunity, that might otherwise
apply as a defense to, or a bar against, any legal action based on the terms
of this License Agreement.
14.2.1 With respect to any enforcement action brought by the Author in a
United States court against a foreign Governmental Entity, the waiver by any
Governmental Entity as provided in Subparagraphs 14.1 and 14.2 is hereby
expressly acknowledged by each such Governmental Entity to constitute a "case
. . . in which the foreign state has waived its immunity," within the scope of
28 U.S.C. § 1605(a)(1) of the Foreign Sovereign Immunities Act of 1976 (as
amended). Each such Governmental Entity also specifically agrees and concedes
that the "commercial activity" exceptions to the FSIA, 28 U.S.C. §
1605(a)(2), (3) are also applicable. With respect to an action brought against
the United States or any United States Governmental Entity, in the courts of
any country, the U.S. Governmental Entity shall be understood to have
voluntarily agreed to a corresponding waiver of immunity from actions in the
courts of any other sovereign.
14.2.2 With respect to any enforcement action brought by an authorized
end-user (as a third-party beneficiary, under the terms of Subparagraphs 14.3
and 14.10) in a United States court against a foreign Governmental Entity, the
waiver by any Governmental Entity as provided in Subparagraphs 14.1 and 14.2
is hereby expressly acknowledged by each such Governmental Entity to
constitute a "case . . . in which the foreign state has waived its immunity,"
within the scope of 28 U.S.C. § 1605(a)(1) of the Foreign Sovereign
Immunities Act of 1976 (as amended). . Each such Governmental Entity also
specifically agrees and concedes that the "commercial activity" exceptions to
the FSIA, 28 U.S.C. § 1605(a)(2), (3) are also applicable. With respect to an
action brought against the United States or any United States Governmental
Entity, in the courts of any country, the U.S. Governmental Entity shall be
understood to have voluntarily agreed to a corresponding waiver of immunity
from actions in the courts of any other sovereign.
14.2.3 With respect to any action or effort by the Author in the United
States to execute a judgment against a foreign Governmental Entity, by
attaching or executing process against the property of such Governmental
Entity, the waiver by any Governmental Entity as provided in Subparagraphs
14.1 and 14.2 is hereby expressly acknowledged by each such Governmental
Entity to constitute a case in which "the foreign state has waived its
immunity from attachment in aid of execution or from execution," in accordance
with 28 U.S.C. § 1610(a)(1) of the Foreign Sovereign Immunities Act of 1976
(as amended). Each such Governmental Entity also specifically agrees and
concedes that the "commercial activity" exceptions to the FSIA, 28 U.S.C. §
1610(a)(2), (d) are also applicable. With respect to an action brought against
the United States or any United States Governmental Entity, in the courts of
any country, the U.S. Governmental Entity shall be understood to have
voluntarily agreed to a corresponding waiver of immunity from actions in the
courts of any other sovereign.
14.2.4 With respect to any action or effort brought by an authorized
end-user (as a third-party beneficiary, in accordance with Subparagraphs 14.3
and 14.10) in the United States to execute a judgment against a foreign
Governmental Entity, by attaching or executing process against the property of
such Governmental Entity, the waiver by any Governmental Entity as provided in
Subparagraphs 14.1 and 14.2 is hereby expressly acknowledged by each such
Governmental Entity to constitute a case in which "the foreign state has
waived its immunity from attachment in aid of execution or from execution," in
accordance with 28 U.S.C. § 1610(a)(1) of the Foreign Sovereign Immunities
Act of 1976 (as amended). Each such Governmental Entity also specifically
agrees and concedes that the "commercial activity" exceptions to the FSIA, 28
U.S.C. § 1610(a)(2), (d) are also applicable. With respect to an action
brought against the United States or any United States Governmental Entity, in
the courts of any country, the U.S. Governmental Entity shall be understood to
have voluntarily agreed to a corresponding waiver of immunity from actions in
the courts of any other sovereign.
14.3 Any Governmental Entity that uses, copies, changes, modifies, displays,
performs, or distributes the Software or any part thereof, or any Governmental
Person who does so (whether that person's Governmental Entity contends the
person's action was, or was not, authorized or official), and thereby violates
any terms and conditions of Section 9 (restrictions on modification), or
Paragraph 10 (use restrictions), agrees that the person or entity is subject
not only to an action by the Author, for the enforcement of this License
Agreement and for money damages and injunctive relief (as well as attorneys'
fees, additional and statutory damages, and other remedies as provided by
law), but such Governmental Entity and/or Person also shall be subject to a
suit for money damages and injunctive relief by any person whose human rights
have been violated or infringed, in violation of this License Agreement, or
through the use of any Software in violation of this License Agreement. Any
person who brings an action under this section against any Governmental Person
or Entity must notify the Author promptly of the action and provide the Author
the opportunity to intervene to assert the Author's own rights. Damages in
such a third-party action shall be measured by the severity of the human
rights violation and the copyright infringement or License Agreement
violation, combined, and not merely by reference to the copyright
infringement. All end-users, to the extent that they are entitled to bring
suit against such Governmental Entity by way of this License Agreement, are
intended third-party beneficiaries of this License Agreement. Punitive damages
may be awarded in such a third-party action against a Governmental Entity or
Governmental Person, and each and every such Governmental Entity or Person
conclusively waives all restrictions on the amount of punitive damages, and
all defenses to the award of punitive damages to the extend such limitations
or defenses depend upon or are a function of such person or entity's status as
a Governmental Person or Governmental Entity.
14.4 Any State of the United States, or any subunit or Governmental Entity
thereof, that uses, copies, changes, modifies, displays, performs, or
distributes the Software of any part thereof, or any of whose Governmental
Persons does so (whether that person's Governmental Entity contends the
person's action was, or was not, authorized or official), unconditionally and
irrevocably waives for purposes of any legal action (i) to enforce this
License Agreement, (ii) to remedy infringement of the Author's copyright, or
(iii) to invoke any of the third-party beneficiary rights set forth in Section
14.3 -- any immunity under the Eleventh Amendment of the United States
Constitution or any other immunity doctrine (such as sovereign immunity or
qualified, or other, official immunity) that may apply to state governments,
subunits, or to their Governmental Persons.
14.5 Any Governmental Entity (including, without limitation, any State of
the United States), that uses, copies, changes, modifies, performs, displays,
or distributes the Software or any part thereof, or any of whose Governmental
Persons does so (whether that person's Governmental Entity contends the
person's action was, or was not, authorized or official), unconditionally and
irrevocably waives for purposes of any legal action (i) to enforce this
License Agreement, (ii) to remedy infringement of the Author's copyright, or
(iii) to invoke any of the third-party beneficiary rights set forth in Section
14.3 any doctrine (such as, but not limited to, the holding in the United
States Supreme Court decision of Ex Parte Young) that might purport to limit
remedies solely to prospective injunctive relief. Also explicitly and
irrevocably waived is any underlying immunity doctrine that would require the
recognition of such a limited exception for purposes of remedies. The remedies
against such governmental entities and persons shall explicitly include money
damages, additional damages, statutory damages, consequential damages,
exemplary damages, punitive damages, costs and fees that might otherwise be
barred or limited in amount on account of governmental status.
14.6 Any Governmental Entity that uses, copies, changes, modifies, displays,
performs, or distributes the Software or any part thereof, or any of whose
Governmental Persons does so (whether that person's Governmental Entity
contends the person's action was, or was not, authorized or official),
unconditionally and irrevocably waives for purposes of any legal action (i) to
enforce this License Agreement, (ii) to remedy infringement of the Author's
copyright, or (iii) to invoke any of the third-party beneficiary rights set
forth in Section 14.3 any and all reliance on the Act of State doctrine,
sovereign immunity, international comity, or any other doctrine of immunity
whether such doctrine is recognized in that government's own courts, or in the
courts of any other government or nation.
14.6.1 Consistent with Subparagraphs 14.2.1 through 14.2.4, this waiver
shall explicitly be understood to constitute a waiver not only against suit,
but also against execution against property, for purposes of the Foreign
Sovereign Immunities Act of 1976 (as amended). All United States Governmental
Entities shall be understood to have agreed to a corresponding waiver of
immunity against (i) suit in the courts of other sovereigns, and (ii)
execution against property of the United States located within the territory
of other countries.
14.7 Governmental Persons, (i) who violate this License Agreement (whether
that person's Governmental Entity contends the person's action was, or was
not, authorized or official), or (ii) who are personally involved in any
activity, policy or practice of a governmental entity that violates this
License Agreement (whether that person's Governmental Entity contends the
person's action was, or was not, authorized or official), or (iii) that use,
copy, change, modify, perform, display or distribute, the Software or any part
thereof, when their Governmental Entity is not permitted to do so, or is not a
Qualified Licensee, or has violated the terms of this License Agreement, each
and all individually waive and shall not be permitted to assert any defense of
official immunity, "good faith" immunity, qualified immunity, absolute
immunity, or other immunity based on his or her governmental status.
14.8 No Governmental Entity, nor any Governmental Person thereof may, by
legislative, regulatory, or other action, exempt such Governmental Entity,
subunit, or person, from the terms of this License Agreement, if the
Governmental Entity or any such person has voluntarily used, modified, copied,
displayed, performed, or distributed the Software or any part thereof.
14.9 Enforcement In Courts of Other Sovereigns Permitted.
By using, modifying, changing, displaying, performing or distributing any
Software covered by this License Agreement, any Governmental Entity hereby
voluntarily and irrevocably consents, for purposes of (i) any action to
enforce the terms of this License Agreement, and (ii) any action to enforce
the Author's copyright (whether such suit be for injunctive relief, damages,
or both) to the jurisdiction of any court or tribunal in any other country
(or a court of competent jurisdiction of a subunit, province, or state of
such country) in which the terms of this License Agreement are believed by
the Author to be enforceable. Each such Governmental Entity hereby waives all
objections to personal jurisdiction, all objections based on international
comity, all objections based on the doctrine of forum non conveniens, and all
objections based on sovereign or governmental status or immunity that might
otherwise be asserted in the courts of some other sovereign.
14.9.1 The Waiver by any Governmental Entity of a country other than the
United States shall be understood explicitly to constitute a waiver for
purposes of the Foreign Sovereign Immunities Act of 1976 (see Subparagraphs
14.2.1to 14.2.4, inclusive, supra), and all United States Governmental
Entities shall be understood to have agreed to a waive correspondingly broad
in scope with respect to actions brought in the courts of other sovereigns.
14.9.2 Forum Selection Non-U.S. Governmental Entities.
Governmental Entities that are not United States Governmental Entities
shall be subject to suit, and agree to be subject to suit, in the United
States District Court for the District of Columbia. The Author or an
authorized end-user may bring an action in another court in another country,
but the United States District Court for the District of Columbia, shall
always be available as an agreed-upon forum for such an action. At the
optional election of any Author (or, in the case of a third-party claim, any
end-user asserting rights under Subparagraphs 14.3 and 14.10), such a suit
against a non-U.S. Governmental Entity or Person may be brought in the United
States District Court for the Southern District of New York, or the United
States District Court for the Northern District of California, as a direct
substitute for the United States District Court for the District of Columbia,
for all purposes of this Subparagraph.
14.9.3 Forum Selection U.S. Governmental Entities.
All United States Governmental Entities shall be subject to suit, and agree
to be subject to suit, in the following (non-exclusive) list of fora: Ottawa,
Canada, London, England, and Paris, France. The Author or an authorized
end-user may bring action in another court that can exercise jurisdiction.
But the courts in these three locations shall always be available (at the
option of the Author or an authorized end-user) as a forum for resolving any
dispute with the United States or a governmental subunit thereof. Except as
provided in Subparagraph 14.10, any and all United States Governmental
Persons shall be subject to suit wherever applicable rules of personal
jurisdiction and venue shall permit such suit to be filed, but no such United
States Governmental Person may assert any defense based on forum non
conveniens or international comity, to the selection of any particular lawful
venue.
14.10 Enforcement Of Claims For Human Rights Violations.
By using, copying, modifying, changing, performing, displaying or
distributing the Software covered by this License Agreement, any Governmental
Entity, or Governmental Person hereby voluntarily and irrevocably consents --
for purposes of any third-party action to remedy human rights violations and
other violations of this License Agreement (as reflected in Section 14.3) --
to the jurisdiction of any court or tribunal in any other country (or a court
of competent jurisdiction of a subunit, province, or state of such country)
in which the third-party beneficiary reasonably believes the relevant terms
of this License Agreement are enforceable. The Governmental Entity or Person
hereby waives all objections to personal jurisdiction, all objections based
on international comity, all objections based on the doctrine of forum non
conveniens, and all objections based on sovereign or governmental status or
immunity that might otherwise be asserted in the courts of some other
sovereign.
14.10.1 Waiver of Immunity and Forum Selection.
The presumptively valid and preferred fora identified in Subparagraphs
14.9.2 and 14.9.3 shall also apply for purposes of Subparagraph 14.10. All
Governmental Entities are subject to the same Waiver of Immunity as set forth
in Subparagraphs 14.2.1 to 14.2.4, inclusive.
15. Subsequent Versions of HESSLA.
Hacktivismo may publish revised and/or new versions of the Hacktivismo
Enhanced-Source Software License Agreement from time to time. Such new
versions will be similar in spirit to the present version, but may differ in
detail to address new problems or concerns.
Each version is given a distinguishing version number. Any Program released
by Hacktivismo under a version of this License Agreement prior to Version 1.0,
shall be considered released under Version 1.0 of the Hacktivismo
Enhanced-Source Software License Agreement, once Version 1.0 is formally
released. Prior to Version 1.0, any Software released by Hacktivismo or a
Licensee of Hacktivismo under a lower-numbered version of the HESSLA shall be
considered automatically to be subject to a higher-number version of the
HESSLA, whenever a later-numbered version has been released.
Concerning the work of any other Author, if the Program specifies a version
number of this License Agreement which applies to it and "any later version,"
You have the option of following the terms and conditions either of that
version or of any later version published by Hacktivismo. If the Program does
not specify a version number of this License Agreement, You may choose any
version after 1.0, once version 1.0 is published by Hacktivismo, and prior to
publication of version 1.0, You may choose any version of the Hacktivismo
Software License Agreement then published by Hacktivismo. If the Program
released by another Author, specifies only a version number, then that version
number only shall apply. If "the latest version," is specified, then the
latest version of the HESSLA published on the Hacktivismo Website shall always
apply at all times.
16. DISCLAIMER OF WARRANTY.
THE SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT
WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE
WARRANTY OF NON-INFRINGEMENT AND WARRANTIES THAT THE ORIGINAL WORK IS
MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE. THE SOFTWARE IS PROVIDED WITH
ALL FAULTS. THE ENTIRE RISK AS TO THE QUALITY OF THE ORIGINAL WORK IS WITH
YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY
SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN
ESSENTIAL PART OF THIS LICENSE. NO LICENSE TO ORIGINAL WORK IS GRANTED
HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
17. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING
THE AUTHOR'S NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE AUTHOR BE LIABLE
TO ANY PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES OF ANY CHARACTER ARISING AS A RESULT OF THIS LICENSE OR THE USE OF
THE SOFTWARE INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL,
WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PERSON SHALL HAVE BEEN INFORMED OF
THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY
TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S
NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION, BUT SHALL
EXCLUDE SUCH LIABILITY TO THE EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
18. ENCRYPTION KEYS AND PUBLIC KEY INFRASTRUCTURE.
SOFTWARE RELEASED UNDER THIS LICENSE AGREEMENT MAY REQUIRE A DIGITAL
CERTIFICATE, OR AN ENCRYPTION KEY "SIGNED" BY A TRUSTED PARTY, TO FUNCTION.
AUTHOR UNDERTAKES NO RESPONSIBILITY FOR THE PROPER, SECURE, AND ADEQUATE
FUNCTIONING OF ANY CRYPTOGRAPHIC SYSTEMS, OF ANY CRYPTOGRAPHIC KEYS, OR FOR
THE TRUSTWORTHINESS OF ANY END-USER, ANY ISSUER OF CERTIFICATES, OR OF ANY
SIGNER OF ENCRYPTION KEYS. USE OF THIS SOFTWARE IS AT THE END-USER'S SOLE AND
EXCLUSIVE RISK. IN ANY PUBLIC-KEY INFRASTRUCTURE ("PKI") SYSTEM, AN
END-USER'S LEGAL RELATIONSHIP WITH THE END-USER'S CERTIFICATION AUTHORITY
DOES NOT INCLUDE OR ENCOMPASS ANY LEGAL RELATIONSHIP WITH THE AUTHOR, AND IS
GOVERNED SOLELY AND EXCLUSIVELY BY THE CERTIFICATION AUTHORITY'S
CERTIFICATION PRACTICE STATEMENT AND CERTIFICATION AGREEMENTS. AUTHOR ASSUMES
NO RESPONSIBILITY FOR THE ACTIONS OR OMISSIONS OF ANY END-USER OR ANY
CERTIFICATION AUTHORITY.
19. Saving Clause.
If any portion of this License Agreement is held invalid or unenforceable
under any particular circumstance, the balance of the License Agreement is