LicenseDB: jelurida-public-1.1

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key
jelurida-public-1.1
short_name
Jeulurida Public License 1.1
name
Jeulurida Public License 1.1
category
Copyleft
owner
Jelurida
homepage_url
https://github.com/mrv777/NXT/blob/master/LICENSE.txt
spdx_license_key
LicenseRef-scancode-jelurida-public-1.1
standard_notice
This program is distributed under the terms of the Jelurida Public License version 1.1
ignorable_authors
Jelurida Swiss SA
license_text
JELURIDA PUBLIC LICENSE

Preamble:

Being a company engaged predominantly in the creation of blockchain technology,
Jelurida IP B.V. has prepared the following “coinleft” license whose goal is to
implement new requirements consistent with the specific nature of the blockchain
software. We recognize the fundamental advantages that the decentralized ledger
technology has to offer and we truly believe in its potential to change the
world for the better. Therefore we wish to continue the already established
tradition to publish blockchain software as an open source and in this way to
give our contribution to the further development of the blockchain technology
world-wide. At the same time we wish to protect our IP rights and to address the
fact that our software was copied many times during its existence and as a
result a lot of “clones” have been created which dilute the value of the tokens
with no significant technological improvements behind them.

The exact terms and conditions for using, copying and modification follow:


TERMS AND CONDITIONS


I. General Conditions


Introduction

The existent copyleft licensing models were designed to protect the value of the
code which is created in open source projects. They make sure anyone who builds
on top of this code also releases their code under the same copyleft license,
thus sharing back with the community and the developers of the original project
the added value of the derived work.

Copyleft licenses however were created long before crypto currency and
blockchain technologies appeared, and could not have anticipated the fact that
today the value of an open source distributed ledger project is contained not
only in the program code being written, but in the unique public blockchain
instance or crypto currency token, maintained by this project, with its
developers, community and holders sharing the common interest to preserve and
increase the value of this blockchain token.

Crypto currency tokens today have value of their own, people can buy, sell and
invest in them and the unlimited permission of cloning the existing blockchain
platforms and creating new coins inevitably results in decreasing the value of
the original tokens.

Crypto currency tokens are also an inseparable part of each distributed ledger
software, without which such software cannot really be used. Ensuring that a
clone project shares back the modified source code is no longer sufficient to
allow the users of the original project access to that derived work, unless they
are also allocated some of the newly created tokens in the clone blockchain
instance. Thus such allocation is important in order to preserve not only the
value of the original tokens, but also to preserve the users freedom to use any
works derived from the original software.

With the above being said, the terms and conditions for using, copying and
modification of distributed ledger software programs are outlined below, called
the Jelurida Public License (JPL). The JPL is inspired by the GNU General Public
License versions 2 and 3, with adaptations specifically aimed at application of
the license to distributed ledger software programs; as such the GNU General
Public License and any other license terms and conditions other than this JPL
are explicitly excluded.


JPL version: 1.1


Article 0. Definitions:

“based on [the Program/Covered Work/…]” means derived from the original Covered
Work (or part thereof) by the act(s) of copying it, modifying it, including it
(in whole or in part) or by linking to the original Covered Work (or part
thereof).

“to convey”: To convey a work means any kind of propagation that enables other
parties to make or receive copies. Mere interaction with a user through a
computer network, with no transfer of a copy, is not conveying.

Copyright Holder, Licensor: The owner of the IP rights over the software as
determined by applicable national law and international treaty provisions
regulating this subject matter.

Corresponding Source: The Corresponding Source for a work in Object Code form
means all the Source Code needed to generate, install, and (for an executable
work) run the Object Code and to modify the work, including scripts to control
those activities. However, it does not include the work's System Libraries, or
general-purpose tools or generally available free programs which are used
unmodified in performing those activities but which are not part of the work.
For example, Corresponding Source includes interface definition files associated
with source files for the work, and the Source Code for shared libraries and
dynamically linked subprograms that the work is specifically designed to
require, such as by intimate data communication or control flow between those
subprograms and other parts of the work. The Corresponding Source need not
include anything that users can regenerate automatically from other parts of the
Corresponding Source. The Corresponding Source for a work in Source Code form is
that same work.

Covered Work: A DLT Software or another Program based on a DLT or otherwise, or
based on another Covered Work, their Object Code and Source Code, and any other
work covered by this License according to their terms.

DLT Instance: Unique instance of distributed ledger consisting of a network of
one or more participants (nodes) running a particular DLT Software and which
nodes are in a state of consensus with each other within the permitted
tolerances of the applicable consensus algorithm. An example of such DLT
instance is the Nxt public blockchain.

DLT Software: Any distributed ledger computer technology including but not
limited to blockchain technology regardless of the way the consensus is
established.

General Conditions: Chapter I. General Conditions of this License.

License: This Jelurida Public License (JPL) consisting of both General
Conditions and Special Conditions.

Licensee, You: Everyone (natural person or legal entity) who wants to use, copy,
distribute, modify or build on top of the Program.

“to modify”: To modify a work means to copy from or adapt all or part of the
work in a fashion requiring copyright permission, other than the making of an
exact copy. The resulting work is called a “modified version” of the earlier
work or a “work based on” the earlier work. Modification also includes
translation into another programming language or human language.

Object Code: Any non-Source Code form of a work.

Program: Any copyrightable work licensed under this License.

“to propagate”: To propagate a work means to do anything with it that, without
permission, would make you directly or secondarily liable for infringement under
applicable copyright law, except executing it on a computer or modifying a
private copy. Propagation includes copying, distribution (with or without
modification), making available to the public, and in some countries other
activities as well.

Source Code: The Source Code for a work means the preferred form of the work for
making modifications to it.

Special Conditions: Chapter II. Special Conditions of this License which
contains additional provisions required and adapted by the Licensor according to
the specific Covered Work they are applicable to.

Standard Interface: An interface that either is an official standard defined by
a recognized standards body, or, in the case of interfaces specified for a
particular programming language, one that is widely used among developers
working in that language.

System Libraries: Libraries of an executable work, other than the work as a
whole, that (a) are included in the normal form of packaging a Major Component,
but which are not part of that Major Component, and (b) serve only to enable use
of the work with that Major Component, or to implement a Standard Interface for
which an implementation is available to the public in Source Code form. A Major
Component, in this context, means a major essential component (kernel, window
system, and so on) of the specific operating system (if any) on which the
executable work runs, or a compiler used to produce the work, or an Object Code
interpreter used to run it.


Article 1. Scope of the License:

1.1 This License applies to any Covered Work or other work which contains a
notice placed by the Copyright Holder saying it may be used, propagated,
conveyed or modified only under the terms of this License. It also applies to
any work which is not a DLT per se but is still a Covered Work because it is
based on the covered DLT Software or contains a portion of it. This is to ensure
that if such work is included into another DLT Software that DLT Software must
satisfy the below stated airdrop requirement and other terms of this License.

1.2. All rights granted under this License are granted for the term of copyright
on the Covered Work, and are irrevocable provided the conditions of this License
are met.

1.3 The act of running a Program is not restricted as long as it does not
violate Article 3.4 of the General Conditions, and the output from a Program is
covered only if its contents constitute a work based on the Program (independent
of having been made by running the Program). Whether that is true depends on
what the Program does.

1.4 Conveying is permitted solely under the conditions stated herein.
Sublicensing is not allowed; Article 7 of the General Conditions makes it
unnecessary.

1.5 No Covered Work shall be deemed part of an effective technological measure
under any applicable law fulfilling obligations under article 11 of the WIPO
copyright treaty adopted on 20 December 1996, or similar laws prohibiting or
restricting circumvention of such measures. When you convey a Covered Work, you
waive any legal power to forbid circumvention of technological measures to the
extent such circumvention is effected by exercising rights under this License
with respect to the Covered Work, and you disclaim any intention to limit
operation or modification of the work as a means of enforcing, against the
work's users, your or third parties' legal rights to forbid circumvention of
technological measures.


Article 2.

2.1 You may copy and distribute verbatim copies of the Covered Work’s Source
Code as you receive it, in any medium, provided that you conspicuously and
appropriately publish on each copy an appropriate copyright notice and
disclaimer of warranty; keep intact all the notices that refer to this License
and to the absence of any warranty; and give any other recipients of the Covered
Work a copy of this License along with the Covered Work.

2.2 You must keep intact all authorship and copyright notices and when conveying
or offering to convey copies (verbatim or modified) you must also avoid any
misrepresentation of the origin of the Covered Work. You must make sure that any
modified versions of such Covered Work are marked in reasonable ways as
different from the original version and they do not imply any endorsement or
support by the Copyright Holder regarding this modified work.

2.3 You may charge a fee for the physical act of transferring a copy (for the
avoidance of doubt, such physical act of transfer may include making the copy
available on your website or otherwise), and you may at your discretion and
responsibility offer support or warranty protection in exchange for a fee. You
are not allowed to charge any fee for granting the right to further use,
propagate, convey or modify the copy then obtained by the acquirer, as such
would be against the intention of this License.


Article 3. You may modify your copy or copies of the Covered Work or any portion
of it, thus forming a work based on the Covered Work, and copy and distribute
such modifications or work under the terms of Article 2 above, provided that you
also meet all of these conditions:

3.1 You must cause the modified files to carry prominent notices stating that
you changed the files and the date of any change.

3.2 You must cause any work that you distribute or publish, that in whole or in
part contains or is derived from the Covered Work or any part thereof, to be
licensed as a whole at no charge to all third parties under the terms of this
License.

3.3 If the modified program 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 the
conditions of this License, and telling the user how to view a copy of this
License. (Exception: if the Covered Work itself is interactive but does not
normally print such an announcement, your work based on the Covered Work is not
required to print an announcement.) If the program has graphical user interface
any such notices should be placed in an about dialog or similar.

3.4 If the Covered Work is a DLT Software, after your modifications it must
continue to work with the original DLT Instance without violating the consensus
algorithm or resulting in a permanent fork. For the purpose of this clause
modification also includes changing the configuration or network environment in
which the Covered Work is run that results in permanent disconnection, fork or
isolation from the original DLT Instance. If your modifications result in a
different DLT Instance you must satisfy the following airdrop requirement:

3.4.1 The token holders from the original distributed ledger instance shall be
allocated a portion (an "airdrop") of the tokens in that new DLT Instance
proportional to their token balances. This shall also apply to anyone who
intends to make a copy of your copy, i.e. any such person needs to allocate the
same airdrop of the newly created tokens to the account holders from the
original DLT Instance (not to your copy). If the Covered Work is not a DLT
Software per se this requirement still applies to any other work based on or
including this work or portions of it which is a DLT Software or in any other
way distributes tokens to its users. The specific percentage of the airdrop
and the tokens to which it applies, which may also depend on how the new DLT
Instance relates to the original one, are defined in the Special Conditions.

3.5 All other provisions, designated in the Special Conditions and consistent
with the specific requirements arising from the architecture of each particular
decentralized ledger/consensus platform, are observed as well.

3.6 These requirements apply to the modified work as a whole. If identifiable
sections of that work are not derived from the Covered Work, and can be
reasonably considered independent and separate works in themselves, then this
License, and its terms, do not apply to those sections when you convey them as
separate works. But when you convey the same sections as part of a whole which
is a work based on the Covered Work, the conveyance of the whole must be on the
terms of this License, whose permissions for other licensees extend to the
entire whole, and thus to each and every part regardless of who wrote it. Mere
aggregation of another work not based on the Covered Work with the Covered Work
(or with a work based on the Covered Work) on a volume of a storage or
distribution medium does not bring the other work under the scope of this
License.


Article 4. You may convey a Covered Work in Object Code form under the terms of
Articles 2 and 3 of the General Conditions, provided that you also convey the
machine-readable Corresponding Source under the terms of this License, in one of
these ways:

4.1 Convey the Object Code in, or embodied in, a physical product (including a
physical distribution medium), accompanied by the Corresponding Source fixed on
a durable physical medium customarily used for software interchange.

4.2 Convey the Object Code in, or embodied in, a physical product (including a
physical distribution medium), accompanied by a written offer, valid for at
least three years and valid for as long as you offer spare parts or customer
support for that product model, to give anyone who possesses the Object Code
either (1) a copy of the Corresponding Source for all the software in the
product that is covered by this License, on a durable physical medium
customarily used for software interchange, for a price no more than your
reasonable cost of physically performing this conveying of source, or (2) access
to copy the Corresponding Source from a network server at no charge.

4.3 Convey individual copies of the Object Code with a copy of the written offer
to provide the Corresponding Source. This alternative is allowed only
occasionally and non-commercially, and only if you received the Object Code with
such an offer, in accord with Article 4.2 above.

4.4 Convey the Object Code by offering access from a designated place (gratis or
for a charge), and offer equivalent access to the Corresponding Source in the
same way through the same place at no further charge. You need not require
recipients to copy the Corresponding Source along with the Object Code. If the
place to copy the Object Code is a network server, the Corresponding Source may
be on a different server (operated by you or a third party) that supports
equivalent copying facilities, provided you maintain clear directions next to
the Object Code saying where to find the Corresponding Source. Regardless of
what server hosts the Corresponding Source, you remain obligated to ensure that
it is available for as long as needed to satisfy these requirements.

4.5 Convey the Object Code using peer-to-peer transmission, provided you inform
other peers where the Object Code and Corresponding Source of the work are being
offered to the general public at no charge under Article 4.4 above.

4.6 A separable portion of the Object Code, whose Source Code is excluded from
the Corresponding Source as a System Library, need not be included in conveying
the Object Code work.


Article 5. You may not use, copy, modify, or propagate the Covered Work except
as expressly provided under this License. Any attempt otherwise to use, copy,
modify or  propagate the Covered Work is void, and will automatically terminate
your rights under this License. However, parties who have received copies, or
rights, from you under this License will not have their licenses terminated so
long as such parties remain in full compliance.


Article 6. You are not required to accept this License, since you have not
signed it. However, nothing else grants you permission to copy, use, modify or
propagate Covered Works. These actions are prohibited if you do not accept this
License. Therefore, by modifying or propagating the Covered Work, you indicate
your acceptance of this License to do so, and all its terms and conditions for,
as specified in the General Conditions and Special Conditions, copying, using,
propagating or modifying the Covered Work.


Article 7. Each time you convey the Covered Work, the recipient automatically
receives a license from the original Licensor to use, copy, propagate or modify
the Covered Work subject to terms and conditions at least equal and in
accordance with this License. In this regard, the license granted on behalf of
the original Licensor by the propagator of the Covered Work may amend this
License only to the following extent:

7.1 You can add additional airdrop requirements towards the holders of your
unique DLT Instance as long as those do not in any way reduce or interfere with
the airdrop owed to the original DLT Instance account holders.

7.2 If the distribution and/or use of the Covered Work is restricted in certain
countries either by patents, by copyrighted interfaces or by law, the original
copyright holder who places the Covered Work under this License may add an
explicit geographical distribution limitation excluding those countries, so that
distribution is permitted only in or among countries not thus excluded. In such
case, this License incorporates the limitation as if written in the body of this
License.


Article 8. 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, they do not excuse you from the
conditions of this License. If you cannot distribute so as to satisfy
simultaneously your obligations under this License and any other pertinent
obligations, then as a consequence you may not propagate the Covered Work at
all. For example, if a patent license would not permit royalty-free
redistribution of the Covered Work by all those who receive copies directly or
indirectly through you, then the only way you could satisfy both it and this
License would be to refrain entirely from distribution of the Covered Work.


Article 9. Jelurida IP B.V. may publish revised and/or new versions of the
Jelurida Public License 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. To avoid ambiguity, everyone who wishes to use the text of the
Jelurida Public License must always specify under which version of the JPL
their Covered Work is released.


Article 10. Every Copyright Holder is permitted to use the text of the Jelurida
Public License for their own Covered Work provided that they: (i) keep the name
Jelurida Public License (you can append the name of the specific DLT Instance,
e.g. "Jelurida Public License version 1.0 for the Nxt Public Blockchain"),
(ii) remove the Preamble and (iii) do not change the General Conditions. Every
Copyright Holder is permitted to adapt the Special Conditions to their specific
case under (i), (ii) and (iii) above to the extent that they do not contradict
the General Conditions nor the spirit of the Jelurida Public License.


Article 11. If the Special Conditions contradict the General Conditions or any
part of them, the provisions of the General Conditions shall take precedence.


Article 12. If you cannot satisfy Article 3.4 and 3.4.1 of the General
Conditions or you are not willing to do so, or if you require a customized DLT
Instance for internal use (i.e. a private blockchain) based on the DLT Software
you must obtain permission or purchase a commercial license from the original
Copyright Holder however he is not in any way obliged to grant permission or
sell such a license.


Article 13. No warranty

THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE COVERED WORK "AS IS"
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE
COVERED WORK IS WITH YOU. SHOULD THE COVERED WORK PROVE DEFECTIVE, YOU ASSUME
THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.


Article 14.

IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY
COPYRIGHT HOLDER OR ANY OTHER PARTY  WHO MAY MODIFY AND/OR REDISTRIBUTE THE
COVERED WORK AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY
GENERAL, SPECIAL INCIDENTAL  OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR
INABILITY TO USE THE COVERED WORK (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR
DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A
FAILURE OF THE COVERED WORK TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH
HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU
INDEMNIFY THE COPYRIGHT HOLDER OR CONVEYOR OF THE COVERED WORK OF ANY LIABILITY
VIS-À-VIS ANY THIRD PARTY IN CONNECTION WITH THE COVERED WORK AS USED, COPIED,
PROPAGATED OR MODIFIED BY YOU.


Article 15.

If the disclaimer of warranty and limitation of liability provided above cannot
be given local legal effect according to their terms, reviewing courts shall
apply local law that most closely approximates an absolute waiver of all civil
liability in connection with the Covered Work, unless a warranty or assumption
of liability accompanies a copy of the Covered Work in return for a fee.


II. Special Conditions

Article 0. The Copyright Holder of the Nxt Reference Software (NRS) is Jelurida
IP B.V.


Article 1. The airdrop requirement of Article 3.4.1 of the General Conditions,
as related to the Nxt Reference Software (NRS) is the following:

1.1 The NXT holders from the original Nxt Public Blockchain Platform as
maintained by Jelurida Swiss SA must be allocated at least 10% (ten percent) of
the forging tokens in the new DLT Instance, proportional to their NXT holdings,

OR

1.2 The forging token holders from a DLT Instance which is based on the NRS that
has already satisfied the JPL airdrop requirement, are allocated 100% (one
hundred percent) of the forging tokens in that new DLT Instance, proportional to
their forging token holdings.

The first case covers clones and forks of the Nxt platform, and ensures that NXT
owners will receive an airdrop from any such clone or fork launched in the
future, or any existing Nxt clone that decides to upgrade to this NRS version or
copy or backport code from it.

The second case is to cover forks of Nxt clones which have already satisfied the
JPL airdrop, as by definition at the time of the hard fork all accounts start
with the same balances on either fork, and it would be difficult to make a hard
fork satisfy the first condition. The Nxt holders who received the airdrop
would still have the same balances on either fork.


Article 2. In both cases (Articles 1.1 or 1.2 of the Special Conditions), token
holdings must be calculated based on a snapshot taken not earlier than 3 months
before the launch of the new DLT Instance. For a new DLT Instance, the snapshot
should also be taken not later than 24 h before the launch, to avoid the
uncertainty due to the 720 blocks rolling checkpoint.


Article 3.

3.1 There should be under no circumstances any restrictions or any type of
discrimination against accounts receiving tokens as an airdrop.

3.2 If token distribution must be restricted by some criteria that not all
existing NXT holders can potentially satisfy, a specific exemption from the full
JPL airdrop requirements must be obtained in advance. The Copyright Holder
reserves the right to not grant such exemption, or to require a commercial
license in such situations, to be decided on a case by case basis.

3.3 As internal (private) use of Nxt software for evaluating and testing
purposes cannot satisfy the JPL airdrop requirement, any such use will also
require an evaluation license agreement with the Copyright Holder if it lasts
longer than 3 months.

3.4 Nothing in this license shall be understood as giving NXT token holders the
right to hold the Licensor, its affiliate parties, or sublicensors, liable in
case the NXT holders do not obtain any airdrop, or liable for not taking action
to enforce the airdrop requirement, or for not observing, verifying or
monitoring the compliance with any airdrop. The Licensor also retains the right
to change the percentage of the airdrop requirement in Article 1.1 or to
completely eliminate this airdrop requirement at any time.


Article 4. DLT Instances that by design do not use a fixed number of tokens
issued all at once, or that have substituted the proof-of-stake algorithm with a
different one and as a result do not use forging tokens, have to contact the
Copyright Holder for a custom license agreement. However the Copyright Holder is
in no way obliged to provide such a custom license.


Article 5. Interpretation
You agree that you may not, for the purpose of interpretation of this License,
refer to, or construe this License on the basis of, or use as counterevidence,
any prior agreements, arrangements, understandings and statements, or other
bilateral or public licenses, and to this extent agree (i) that this License
qualifies as an agreed rule of evidence within the meaning of article 153 Dutch
Code of Civil Proceedings and (ii) that this clause serves as a determination
agreement within the meaning of article 7:900 Dutch Civil Code, and that this
License shall be interpreted or construed by assuming the most obvious
grammatical meaning of the wording of this License.


Article 6. Governing law
This License, the documents related to it and any agreement that incorporates
any of these are governed by and shall be construed in accordance with the laws
of the Netherlands. Any and all disputes arising out of or in connection with
this License, the documents related to it and any agreement that incorporates
any of these shall be exclusively referred to the competent court in Amsterdam,
the Netherlands.