Beneficiary Copyleft License 1.0
This is version 1.0 of Marcan's license, kept unchanged at this address. The current license is in the repository's LICENSE; it builds on the AGPLv3. For what it means in practice, see License & pricing.
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BENEFICIARY COPYLEFT LICENSE
Version 1.0
0. Basis of this License
This License consists of the terms and conditions of the GNU Affero
General Public License, version 3, as published by the Free Software
Foundation (the "AGPLv3"; verbatim copy in the file AGPL-3.0.txt and at
<https://www.gnu.org/licenses/agpl-3.0.txt>), which are incorporated
into this License by reference, as modified by Sections 1 to 10 below.
The Preamble of the AGPLv3 is not part of this License. Wherever the
incorporated terms refer to "this License" or to the "GNU Affero General
Public License", they refer to this Beneficiary Copyleft License,
Version 1.0, except where Section 13 of the AGPLv3 refers to the GNU
General Public License. If the incorporated terms conflict with
Sections 1 to 10, Sections 1 to 10 prevail.
This License is not the AGPLv3 and is not endorsed by the Free Software
Foundation.
1. Definitions
"Beneficiary" means a natural or legal person for whose benefit the
Program, or a work based on the Program, processes data about a domain,
system or other asset that this person owns, controls or uses, as part
of a service provided to that person by an Operator, whether directly or
through one or more intermediaries such as resellers, whether paid or
unpaid, and whether or not that person interacts with the Program. An
asset counts as the person's even where the Operator registers, holds or
controls it on the person's behalf.
The following are not Beneficiaries:
(i) the Operator itself;
(ii) third parties that only appear in the data the Program
processes, such as organizations that send reports to it, or
the senders, servers and networks named in those reports;
(iii) individual employees or users of a Beneficiary or of the
Operator; the notice under Section 2 reaches them through the
Beneficiary or the Operator; and
(iv) persons that control, are controlled by, or are under common
control with the Operator ("Affiliates"), such as a parent
company or subsidiaries served by a group's own IT department.
"Steward" means Marvin Huber, trading as Kaitiaki Huber, Switzerland,
or any successor to whom the copyright in the Program is assigned.
"Operator" means any person who runs the Program, modified or not, or a
work based on the Program, to provide a service to one or more
Beneficiaries. A person who installs, configures or administers the
Program for another person, on that person's systems, to monitor that
person's assets, also provides a service to that person and is an
Operator. A person who only resells or arranges such a service without
running or administering the Program is an intermediary, not an
Operator.
2. Beneficiary Notice and Source Access
If you are an Operator, then, whether or not you have modified the
Program, you must:
a) inform each Beneficiary, no later than when the Beneficiary agrees
to the service or when its first domain or other asset is added to
the service, whether manually or automatically, whichever is
earlier, that:
(i) the service is based on software whose source code is
freely available, and which the Beneficiary may run
itself;
(ii) that software is licensed under this License, which grants
the Beneficiary the rights described in it; and
(iii) where the Corresponding Source can be obtained;
b) deliver that notice directly to the Beneficiary in a clear and
conspicuous way, for example in the registration confirmation,
the service agreement, or the service's user interface. Publishing
it only in a location the Beneficiary is not directed to is not
sufficient;
c) keep that information continuously accessible to the Beneficiary
for as long as you provide the service to it; and
d) make the Corresponding Source of the version you actually run,
including all of your modifications, available to each
Beneficiary at no charge, through some standard or customary means
of facilitating copying of software, and keep it current with the
version you run.
You may not charge a fee for, or make the service conditional on the
Beneficiary waiving, any of the information or rights under this
Section.
If a Beneficiary receives the service through an intermediary, you may
have the intermediary deliver the notice, but you remain responsible
for it reaching the Beneficiary.
This Section applies in addition to Section 13 of the AGPLv3.
3. No Attribution Required
The notice required by Section 2 need not name the authors or copyright
holders of the Program. The Appropriate Legal Notices displayed by
interactive user interfaces under Section 5(d) of the AGPLv3 need not
include copyright notices or author names, provided they include the
information required by Section 2(a).
4. Conditions and Acceptance
The requirements of Section 2 are conditions of this License. They are
not "further restrictions" or removable "additional permissions" or
"additional terms" within the meaning of Sections 7 and 10 of the
AGPLv3, and the permission in Section 7 of the AGPLv3 to remove such
terms does not apply to them.
Running the Program as an Operator is permitted only under this
License. The statements in Section 2 of the AGPLv3 that affirm
unlimited permission to run the unmodified Program, and in Section 9 of
the AGPLv3 that you are not required to accept this License in order to
run the Program, do not apply to running it as an Operator. By running
the Program as an Operator, you accept this License.
5. Revised Versions
Section 14 of the AGPLv3 does not apply. The Steward may publish revised
versions of this License. If the Program specifies that a certain
numbered version of this License "or any later version" applies to it,
you may follow the terms of that version or of any later version
published by the Steward.
6. Name and Origin
"Marcan" and any associated logos are the names and marks of the
original Program. This License grants no trademark rights in them,
except as set out in this Section (AGPLv3 Section 7(c) and 7(e)).
a) Anyone may use the name to truthfully refer to the original
Program, for example "based on Marcan" or "a fork of Marcan".
b) A modified version, or a service running one, may use the name
as part of its own name only if it is clearly marked as a modified
version and states that it is not the original Program, for
example "Marcan (unofficial fork by Example Ltd)", together with a
reference to the original Program.
c) No one may use the name in a way that suggests they are the
original author or copyright holder of the Program, or that their
version, service or license is endorsed by or is the official
version from the original authors.
A modified version that does not use the name is not subject to this
Section and need not refer to the original Program anywhere except as
required by the other terms of this License.
7. Other Licenses
The Steward may license the Program on other terms as well, including
terms without Section 2. Such a license is a separate agreement with its
holder; it does not change this License for anyone else.
8. Governing Law
This License is governed by the substantive law of Switzerland,
excluding its conflict-of-law rules and the United Nations Convention on
Contracts for the International Sale of Goods. The place of jurisdiction
is the Steward's registered office or domicile in Switzerland, unless
mandatory law provides otherwise.
9. Severability
If any provision of this License is held invalid or unenforceable, the
remaining provisions remain in effect, and the invalid provision shall
be replaced by a valid provision that comes closest to its purpose.
10. Liability
Where the disclaimers in Sections 15 and 16 of the AGPLv3 are not
permitted by applicable law, liability is excluded to the extent the law
permits, and in any case except for intent and gross negligence.
Example notice
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An Operator could inform Beneficiaries under Section 2, for example in a
registration e-mail:
This service runs on Marcan, software whose source code is freely
available under the Beneficiary Copyleft License 1.0: you may run,
study, modify and share it yourself. Source code of the version we
run: <https://example.com/source>