License¶
Developer Tool Limited License v1.0¶
PLEASE READ THIS DOCUMENT CAREFULLY AND IN ITS ENTIRETY. THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS DEVELOPER TOOL LIMITED LICENSE (“LICENSE”). ANY USE, REPRODUCTION, MODIFICATION OR DISTRIBUTION OF THE PROGRAM CONSTITUTES THE RECIPIENT’S ACCEPTANCE OF THIS LICENSE.
License Background¶
This License is intended to permit Contributors and Recipients of the Licensed Work to use the Licensed Work, including its Source Code, freely, except under the cases of Prohibited Use (as defined below). This License is designed to permit the use of the Licensed Work for development purposes to make developers’ practice of their craft and profession easier, while allowing the Owner of the Source Code to monetize the Licensed Work by other means that do not infringe on or strip developers of their right to use the Licensed Work for development purposes freely as defined herein.
1. Definitions¶
1.1 Governing Jurisdiction
For the purposes of this License, the Governing Jurisdiction is the State of Illinois, United States of America.
1.2 Original Author means the author or creator of the Original Work and who is responsible for its initial distribution identified as the person below.
Full Name: |
Ricardo L. Pena |
Email Address: |
|
Company: |
Knight Move Solutions, Inc. |
1.3 Original Work means the initial Source Code and binary artifacts, text files, image files, and any documentation included in the compressed file archive or root directory and any subdirectory of the package or file location containing the Source Code for the computer program distributed by the Original Author and first made available under this License.
1.4 Author means the Original Author and any subsequent Party that created Additional Work that is made part of the Licensed Work.
1.5 Contribution means the Original Work distributed under this License by the Original Author and any Additional Work originating from its Author and distributed under this License.
1.6 Additional Work means any Work, any other Additional Work, or any combination of the Original Work and any other Additional Work where the meaning of Work is defined in this License. Additional Work is identified as the difference in directories, subdirectories, files, and content of files between the Licensed Work marked with a previous Version and the Licensed Work marked with an incremental Version.
1.7 Work means:
Any newly created Source Code files, binary artifacts, text files, image files, and any documentation added to the Licensed Work.
Changes to any of the Source Code, binary artifacts, text files, image files, and any documentation in the Licensed Work.
The removal of any Source Code files, binary artifacts, text files, image files, and any documentation from the Licensed Work, where removal is purposeful and contributes to the enhancement, improvement, or repair of the computer program or its included artifacts.
The meaning of Work excludes any artifacts that qualify as Independent Modules.
1.8 Licensed Work means the Original Work combined with Additional Work (if any Additional Work exists, otherwise the Original Work alone), such that Source Code in the Licensed Work can be used to produce a working computer program Executable and that represents a working computer program or an enhanced, improved, or repaired version of the previous computer program Executable in the case of Licensed Work beyond the Original Work. Licensed Work is identified by and distributed with a Version to uniquely identify the body of the Licensed Work.
1.9 Version means an identifier with a format that adheres to the Semantic Versioning 2.0.0 specification defined at https://semver.org/ and is in the form of three numbers separated by dots where each number represents the MAJOR, MINOR, and PATCH respectively and may or may not include an additional label as a suffix. The rules of the Semantic Versioning specification governing the version number and “Software” will be respected as much as possible but not guaranteed under the terms of this License. The Semantic Versioning specification does not constitute a promise or obligation upon the Owner of the Licensed Work and shall only be construed as an independent guide for the value of the Version number for the Licensed Work.
1.10 Owner means the Original Author or any subsequent Party who is the recipient of the transfer of Ownership Rights by sale or other legal transfer of asset ownership by the Original Author or any subsequent Owner.
1.11 Ownership Rights means:
Full ownership of the Licensed Work;
The right to enforce the terms of this License;
The right to use the Licensed Work for commercial purposes, charging royalties, or charging fees for uses other than the rights granted for free to Recipients under the terms of this license;
The right to sell or otherwise transfer Ownership Rights to a subsequent Owner;
The right to audit use of the Licensed Work
1.12 Distributor means any Party that distributes the Licensed Work or any portion thereof to at least one Third Party.
1.13 Executable means a working computer program produced from the Source Code in the Licensed Work or the Source Code in the Licensed Work itself if the Source Code can be executed as a working computer program.
1.14 Independent Module means a separate software and/or data artifact that is not copied or derived from the Licensed Work or any portion thereof. In addition, an artifact does not qualify as an Independent Module but instead forms part of the Licensed Work if the artifact is a Contribution that must be included or contained, in whole or in part, within a file directory or subdirectory actually containing files making up the Licensed Work and where the Contribution is required for an enhancement or repair of the Executable from the Licensed Work to function successfully.
1.15 Larger Work means a work that combines the Licensed Work or portions thereof with code not governed by this License.
1.16 License Notice has the following meaning.
THE LICENSED WORK IS PROVIDED UNDER THE TERMS OF THE DEVELOPER TOOL LIMITED LICENSE (“LICENSE”) AS FIRST COMPLETED BY THE ORIGINAL AUTHOR. ANY USE, PUBLIC DISPLAY, PUBLIC PERFORMANCE, REPRODUCTION OR DISTRIBUTION OF, OR PREPARATION OF DERIVATIVE WORKS BASED ON, THE LICENSED WORK CONSTITUTES RECIPIENT’S ACCEPTANCE OF THIS LICENSE AND ITS TERMS, WHETHER OR NOT SUCH RECIPIENT READS THE TERMS OF THE LICENSE. “LICENSED WORK” AND “RECIPIENT” ARE DEFINED IN THE LICENSE. A COPY OF THE LICENSE IS LOCATED IN THE TEXT FILE ENTITLED “LICENSE.TXT” ACCOMPANYING THE CONTENTS OF THIS FILE. IF A COPY OF THE LICENSE DOES NOT ACCOMPANY THIS FILE, A COPY OF THE LICENSE MAY ALSO BE OBTAINED AT THE FOLLOWING WEB SITE:
https://docs.knightmovesolutions.com/sql-objects/license.html
1.17 Party means an individual or other legal entity, including a corporation, partnership or other body.
1.18 Recipient means any Party who receives or obtains the Licensed Work or any portion of the Licensed Work in Source Code or Executable form under this License.
1.19 Source Code means the Source Code for a computer program, including the Source Code for all modules and components of the computer program, plus any associated interface definition files, and scripts used to control compilation and installation of an Executable.
1.20 Third Party means any third party.
2. License¶
2.1 Grant of Rights by Owner
Subject to the terms of this License, the Owner hereby grants Recipient an irrevocable, worldwide, royalty-free, non-exclusive license to:
Reproduce; or
Prepare derivative works of; or
Integrate the Licensed Work as part of a Larger Work
Distribute the Larger Work as one or more products
where the Licensed Work or its derivative work remains a hidden implementation portion of the Larger Work and subject to the Prohibited Uses specified under Section 2.2 of this License.
2.2 Prohibited Uses
Subject to the terms of this License, a Recipient is prohibited from the following uses:
Distributing the Licensed Work independent of a Larger Work except as permitted under Section 2.5 of this License.
Distributing derivative work of the Licensed Work where the derivative work is not a hidden implementation portion of a Larger Work
Exposing any portion of the Licensed Work or derivative work through a Larger Work except for internal, operational purposes of its own corporation or organization where the Licensed Work or derivative work is not exposed or accessible to the public.
Selling or charging fees or royalties for the use of the Licensed Work or derivative work independent of a Larger Work whether public or private.
Exposing the Licensed Work as an output of a code generator, code suggestion tool, or Artificial Intelligence (AI) model, except for displaying aspects of the Licensed Work that include but are not limited to interfaces, classes, structures, properties, functions, methods, arguments, parameters, enumerations, constants, and extension methods directly from an imported or linked copy of the Licensed Work’s Source Code or Executables that the Recipient explicitly chose to use, import, or link in the Recipient’s Larger Work while the Recipient is actively authoring the Recipient’s Larger Work. For example, without limiting the foregoing:
where code generators that execute computer program logic using the Licensed Work as an input to produce code that originates from the Licensed Work or code that calls functions or methods originating from the Licensed Work on behalf of the Recipient after processing it through the code generator’s computer program logic or AI model, is prohibited; and
in features commonly referred to as “intellisense” in some proprietary developer tools where the code from the Licensed Work is directly displayed to the Recipient without passing through any intermediary computer program logic simply as a reminder of what exists in the Licensed Work is permitted.
2.3 Terms of Contributions
Authors of Contributions where their Contributions are submitted to and accepted by the Owner of the Licensed Work to be incorporated as Additional Work for a new Version of the Licensed Work hereby agree as follows:
That the Author agrees to display the License Notice at the top of each non-binary, human readable, file that is part of the Contribution such that the License Notice is reasonably brought to the attention of any Party viewing or using the Licensed Work.
That the Author agrees to the best of his/her knowledge that the Contribution does not infringe on any other patent, trademark, copyright, or trade secret of any other work outside of the Contribution and the Licensed Work.
That the Author of the Contribution forfeits all Ownership Rights of the Contribution to the Owner of the Licensed Work.
That the Author waives all other legal rights to the Contribution beyond the Ownership Rights defined in this License that the Governing Jurisdiction recognizes including but not limited to copyrights, patents, and trade secrets.
That the Author agrees to allow the Owner to publicly publish the identity of the Author for attribution, to acknowledge credit for the Contribution by the Author, where the Owner has the right but not the obligation to accept anonymous Contributions or Contributions without attribution upon the Author’s written request to remain unattributed.
That the Author agrees that the electronic transfer of the Contribution, or transfer by any other medium of the Contribution, to the Owner shall be deemed acceptance of the Terms of Contributions in this Section.
2.4 Reservation of Rights
The Owner reserves all rights to trademarks, copyrights, patents, trade secrets or any other intellectual property of the Owner except as expressly stated herein and no part of this License shall be deemed to grant any rights of Contributors or Distributors that are outside the scope of their Contributions to the Licensed Work.
2.5 Distribution
All Distributors who distribute the Licensed Work independent of a Larger Work
Must distribute the Licensed Work in accordance with the terms of this License and must include a copy of this License with each copy of the Licensed Work distributed; and
May choose to distribute the Licensed Work, or any portion thereof, in Executable form to any third party, under the terms of Section 2 of this License, provided the Executable Distribution is made available under and accompanied by a copy of this License, where a copy of this License is in a file called “license.txt” and conspicuously brought to the attention of the Recipient.
Distributors shall not be required to adhere to the Distribution requirements in this Section 2.5 when distributing the Licensed Work internally within its own corporation or organization where the Recipient is a Party commonly understood as an internal member of the corporation or organization.
2.6 Larger Works
Any Author may create or contribute to a Larger Work by combining any of the Licensed Work with other Work not governed by the terms of this License provided the Author ensures that the requirements of this License are fulfilled for the Licensed Work portion of the Larger Work.
Disclaimer of Liability
3.1 General Disclaimer
EXCEPT AS EXPRESSLY SET FORTH IN THIS LICENSE, AND TO THE EXTENT PERMITTED BY LAW, NO AUTHOR SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE LICENSED WORK OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
3.2 Recipient Responsibility
Each Recipient is solely responsible for determining the appropriateness of using and distributing the Licensed Work and assumes all risks associated with its exercise of rights under this License, including but not limited to the risks and costs of program errors, compliance with applicable laws, damage to or loss of data, programs or equipment, and unavailability or interruption of operations.
4. Applicable Law and Dispute Resolution¶
4.1 Governing Law and Jury Trial Waiver
This License shall be interpreted and enforced under the laws of the Governing Jurisdiction, disregarding any provisions related to conflict of laws. Both parties voluntarily waive any right to a trial by jury in any litigation related to this License.
4.2 Jurisdiction and Dispute Resolution
The courts located in the Governing Jurisdiction shall have authority, though not exclusive authority, to hear and resolve all disputes and claims arising from or connected to this License. This includes, but is not limited to, claims regarding its validity, enforceability, or interpretation, whether in law or equity, and whether seeking specific performance, injunctive relief, or damages. Each party agrees to irrevocably submit to the jurisdiction of such courts for the resolution of these matters.
4.3 Recovery of Legal Costs
Unless explicitly stated otherwise in this License, if any party initiates legal action or proceedings against the other in relation to this License, the prevailing party shall be entitled to recover all costs and expenses including legal fees and related costs, as determined by the court.
5. Miscellaneous¶
5.1 The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
5.2 The language in all parts of this License shall be in all cases construed simply according to its fair meaning, and not strictly for or against any of the parties hereto. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this License.
5.3 This License represents the complete agreement concerning subject matter hereof, and supersedes and cancels all previous oral and written communications, representations, agreements and understandings between the parties with respect to the subject matter hereof.
5.4 If any part of this License is deemed invalid or unenforceable under the laws of the Governing Jurisdiction, the remaining provisions shall remain fully effective and enforceable. Without requiring additional action from either party, the affected provision shall be adjusted to the minimum extent needed to ensure its validity and enforceability.
5.5 The paragraph headings of this License are for reference and convenience only and are not a part of this License, and they shall have no effect upon the construction or interpretation of any part hereof.