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license
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L.I.M.A. License
License for the Integral Maintenance of Artwork
Version 1.0, October 2015.
Version 1.1, October 2019.
2015-2017 Copyright ©, Lima Licensing Group S.A.
2018-2019 Copyright ©, Nitrux Latinoamericana S.C.
You are permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.
THIS (“LICENSE” from now on, the “L.I.M.A. License” or “License”) is made effective after the (“LICENSOR” from now on, “Author”) releases the (“WORK” from now on, the “Artistic Work”) in any form or medium.
WHEREAS:
1. (“LICENSEE” from now on, “Licensee”) obtains a license to copy, modify, distribute, and redistribute the licensed Artistic Work; and
2. (“THIRD PARTIES” from now on, Third Parties) obtains a license to copy, modify, distribute, and redistribute the Modified Artistic Work; and
3. Author is willing to grant a non-exclusive, non-transferable License to use the licensed Artistic Work under the terms and specific conditions outlined 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 intended 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 preceding, and the mutual promises and undertakings contained herein, and other reasonable valuable considerations, the parties agree as follows:
1. DEFINITIONS
a. “License” means this License Agreement.
b. “Author” means the individual(s) or organization(s) directly responsible for the creation of the Artistic Work
c. “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.
d. “Third Parties” means anyone else not directly involved with the Licensee.
e. “Artistic Work” means the usable, executable, or performable form of the work as distributed or released by the Author.
f. “Modified Artistic Work” means derivatives of the Artistic Work created by the Licensee.
g. “Derivative Work” means a work that has been derived from a Modified Artistic Work by the Licensee that is made by Third Parties.
h. “Integrity” means firm adherence to a code of especially moral or artistic values defined by the Author.
i. “Documentation” means any form of support material of the Artistic Work where the Author determines the values and fundamentals of the Artistic Work. This Documentation includes but is not limited to: guidelines, wikis, vision statements, branding identity guides, knowledge bases, blogs, websites, notes, photographs, demos, routines, recipes, and overall instructions made available by the Author.
j. “Sources” means the collection of files or prototype(s) used in the creation of the Artistic Work, the Modified Artistic Work, and the Derivative Work.
k. “Wealth” means the amount of money, in any currency, concerning the sale of the Artistic Work, the Modified Artistic Work, and the Derivative Work.
2. LICENSE GRANT
a. The Author grants to the Licensee and Third Parties a non-exclusive, non-transferable License to use the Artistic Work under the terms and conditions specified as follows:
1. Permission to Copy
* The Licensee and Third Parties are allowed to make verbatim copies of the Artistic Work without restriction.
2. Permission to Use
* The Licensee and Third Parties are allowed to use a verbatim copy of the Artistic Work for any purpose except for using the Artistic Work for uses that can result in the loss of the Integrity as defined by the Author.
3. Permission to Modify
* The Licensee and Third Parties are allowed to modify the Artistic Work for any purpose only if this Modified Artistic Work and Derivative Work complies with the Author defined Integrity and adheres to the Documentation of the Artistic Work.
4. Permission to Distribution
* The Licensee and Third Parties are allowed to provide verbatim copies of the Artistic Work or making it accessible to anyone else under the terms and conditions in Section 3.
b. The Author grants to the Licensee and to Third Parties a non-exclusive, non-transferable License for the distribution of Modified Artistic Work and Derivative Work under the terms and conditions specified as follows:
1. Permission to Distribution of Modified Artistic Work and Derivative Work
* The Licensee and Third Parties are allowed by the Author to distribute modifications of the Artistic Work only if this Modified Artistic Work and Derivative Works complies with the Author defined Integrity and adheres to the Documentation of the Artistic Work and under the terms and conditions in Section 3.
1. A Modified Artistic Work by the Licensee and a Derivative Work by Third Parties, therefore, are subject to the conditions of copy, use, modification, and distribution as the Artistic Work is derived from.
3. LICENSE FEES AND WAIVES
a. 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 or the Sources; therefore, the parties agree as follows:
1. if the fee is waived;
* the Licensee and Third parties can obtain the Artistic Work or the Sources gratis; and
* if the Licensee or Third Parties receive the Artistic Work or the Sources gratis from the Author, in no way will the Author ask for a fee to the Licensee or to Third Parties in relation to the obtention of the Artistic Work at a later date; and
* the Licensee or Third Parties 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 and the Third Parties are 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 or the Sources given by the Author.
* if the Licensee or the Third Parties cannot within reasonable time corrected this condition, the Author is in full right to revoke the License granted to the Licensee and to Third Parties; and
* the Licensee and Third Parties 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.
3. All parties should provide evidence of this waive in the form of but not limited to transcripts, text messages, email messages, sound recordings, printed documents, or receipts where the claim can be faithfully verified.
b. In consideration for the license grant described in this License, the Author waives any fees to the Licensee and any Third Parties concerning the copy, use, modification and distribution of the Artistic Work; and
c. any fees concerning the copy, use, modification and distribution of the Modified Artistic Work and Derivative Work if it is offered by the Licensee or Third Parties gratis; or
d. any fees concerning the copy, use, modification, but not the distribution of the Modified Artistic Work and Derivative Work if it is offered by the Licensee or Third Parties for a fee.
1. If the Artistic Work was obtained from the Author gratis by the Licensee or any Third Parties, the resulting Modified Artistic Work by the Licensee and the Derivative Work by Third Parties are, therefore, eligible to be offered gratis or for a fee set by the Licensee or Third Parties if the Author authorizes the Licensee or Third Parties to sell the Modified Artistic Work or the Derivative work; or
2. if the Artistic Work was obtained by the Licensee or Third Parties after paying a fee to the Author, the resulting Modified Artistic Work by the Licensee and the Derivative Work by Third Parties are, therefore, eligible to be offered for a fee and not gratis; and
3. any Wealth generated from this shall be reasonably distributed with the Author, as stated in Section 5, e.
4. FAIR USE
a. Under the conditions of this License, Fair use of the Artistic Work, 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 or Third Parties, such as the use of advertisement in blogs, websites or printed mediums in relation to the Fair use of the Artistic Work, 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 by the Licensee and Third Parties.
b. Mofified Artistic Work and the Derivative Work are subject to the same conditions as Artistic Work for Fair use.
5. LICENSEE OBLIGATIONS
a. The Licensee agrees to the terms and conditions specified by this License for the use of the Artistic Work.
b. The Licensee will not distribute Modified Artistic Work under the same name or a name that is a derivative of the Artistic Work original name.
c. The Licensee will not license or sub-license the Modified Artistic Work with a different license than that of the original Artistic Work.
d. The Licensee will not sell the Modified Artistic Work without the permission of the Author.
e. The Licensee agrees to distribute fairly the Wealth generated from the authorized sale of the Modified Artistic Work with the Author.
f. The 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.
g. The Licensee agrees to adhere to the Documentation and maintain the Integrity when creating Modified Artistic Work derived from the Artistic Work.
h. The Licensee agrees to provide the Sources of the Modified Artistic Work on request of the Author.
i. The 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 being offered for a fee or the Sources were obtained for a fee.
6. AUTHOR OBLIGATIONS
a. The Author agrees not to use any technological measures that prevent the Licensee or Third Parties from creating Modified Artistic Work or Derivative Work and provide Documentation for the Licensee and Third Parties.
b. The Author agrees to the distribution of Modified Artistic Work by the Licensee and of Derivative Work by Third Parties if it adheres to the Documentation, and the Integrity is not compromised.
c. The Author will provide the Sources of the Artistic Work on request of the Licensee or Third Parties under the conditions in Section 3.
d. The Author agrees to include the Modified Artistic Work and Derivative Worke either in parts or in full in the Artistic Work if it adheres to the Documentation, and the Integrity is not compromised.
e. The Author will mention the Licensee or Third Parties as collaborators if the Modified Artistic Work or the Derivative Work are included either in parts or in full in the Artistic Work.
f. The Author allows the Licensee to sell the Modified Artistic Work and Third Parties to sell Derivative Work if the Licensee and Third Parties present a fair distribution of revenue to the Author.
g. The Author agrees to distribute fairly the Wealth generated from the sale of the Artistic Work with the Licensee and Third Parties if it contains either in parts or in full Modified Artistic Work by the Licensee or Derivative Work by Third Parties if the the Artistic Work is offered for a fee.
h. The Author agrees not to revoke the right of the Licensee or Third Parties to publish the Sources of the Modified Artistic Work or the Artistic Work after the initial authorization to the Licensee or to the Third Parties.
i. The Author agrees not to revoke this License if the Licensee and Third Parties meet the terms and conditions set forth in this License.
7. THIRD PARTIES OBLIGATIONS
a. Third Parties are subject to the same obligations as the Licensee as stated in Section 5.
8. LIMITATION OF LIABILITY
a. 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, the Modified Artistic Work or the Derivative Work.
b. Artistic Work is provided by the Author on an “as is” basis.
c. Author will not be held liable by the License or any Third Parties in any way, for any loss, damage, or injury suffered by the Licensee or by any Third Parties in relation to the use or misuse of the Artistic Work.
d. The Licensee and the Third Parties acknowledge that:
1. The Artistic Work has not been prepared to meet any specific requirements of any party, including any provisions of the Licensee or Third Parties; and
2. it is, therefore, the responsibility of the Licensee or Third Parties to ensure the Artistic Work meets their requirements.
9. TERMINATION
a. License granted herein is otherwise terminated by the Author in the event of any of the following:
1. If the Licensee or Third Parties are in breach of any term of this License and has not corrected such breach to the Author reasonable satisfaction within seven days of the notice of the same or;
2. the Licensee or Third Parties violate Section 5 and Section 7 of this License.
10. DISCLAIMER
a. All rights over and in respect to the Artistic Work are owned by the Author. The Licensee or any Third Parties do not acquire any rights of ownership in the Artistic Work; and
b. for the differences between the Artistic Work and the Modified Artistic Work, authorship is attributed to the Licensee, and for the differences between the Modified Artistic Work and the Derivative Work, authorship is attributed to the Third Parties, 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 and Derivative Work indicating the nature and the dates of any modifications made by the Licensee or Third Parties; however
c. noted the Licensee cannot be held Third Parties liable in any way, for any loss, damage or injury concerning any Derivative Work derived from the Modified Artistic Work by the Licensee as it is not the owner of the Artistic Work but only of the modifications; and
d. should instead notify the Author within a reasonable time of any breaches of the License.
11. GENERAL PROVISIONS
a. The License governs any use, modification, and distribution of the Artistic Work. 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.
b. Derivative Work is required to ensure that it complies with this License.
c. 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.