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Starting Gate Public License

By exercising the Licensed Rights (defined below), You accept and agree to be bound by the terms and conditions of this Starting Gate Public License ver. 1.0 (" Public License"). If this Public License is interpreted as a contract binding You, then You are granted the Licensed Rights in consideration of Your acceptance of these terms and conditions, and the Licensor grants You such rights in consideration of benefits the Licensor and You receive from making the Licensed Material available under these terms and conditions. If this Public License is not interpreted as a contract binding You, or You or any of your affiliates assert that any or all of these terms and conditions are not binding on You, then the Licensor grants You no Licensed Rights.

Capitalized terms are defined in Section 8 below, as well as in other sections.

Section 1 – Scope.

a. License grant.

  1. Subject to the terms and conditions of this Public License, the Licensor hereby grants You a worldwide, royalty-free, non-sublicensable, non-exclusive, irrevocable license to exercise the Licensed Rights in the Licensed Material to: A. reproduce and Share the Licensed Material, in whole or in part, for NonCommercial purposes only; and B. produce, reproduce, and Share Adapted Material for NonCommercial purposes only. For the avoidance of doubt, use of software with a computer entails reproduction.
  2. Exceptions and Limitations. For the avoidance of doubt, where Exceptions and Limitations apply to Your use, this Public License does not apply.
  3. Term. The term of this Public License is specified in Section 5(a).
  4. Media and formats; technical modifications allowed. The Licensor authorizes You to exercise the Licensed Rights in accordance with this Public License in all media and formats whether now known or hereafter created, and to make technical modifications necessary to do so.
  5. Downstream recipients. A. Offer from the Licensor – Licensed Material. Every recipient of the Licensed Material automatically receives an offer from the Licensor to exercise the Licensed Rights under the terms and conditions of this Public License. B. Additional offer from the Licensor – Adapted Material. Every recipient of Adapted Material from You automatically receives an offer from the Licensor to exercise the Licensed Rights in the Adapted Material under the conditions of the Adapter's License You apply. C. No downstream restrictions. You may not offer or impose any additional or different terms or conditions on, or apply any Effective Technological Measures to, the Licensed Material if doing so restricts exercise of the Licensed Rights by any recipient of the Licensed Material.
  6. No endorsement. Nothing in this Public License constitutes or may be construed as permission to assert or imply that You are, or that Your use of the Licensed Material is, connected with, or sponsored, endorsed, or granted official status by, the Licensor or others designated to receive attribution as provided in Section 2(a)(1)(A)(i).
  7. Expiration of NonCommercial Limitations. The NonCommercial restrictions and limitations will expire for each Release of the Licensed Materials three years after the date of such Release.

b. Other rights.

  1. Moral rights, such as the right of integrity, are not licensed under this Public License, nor are publicity, privacy, or other similar personality rights; however, to the extent possible, the Licensor waives or agrees not to assert any such rights held by the Licensor to the limited extent necessary to allow You to exercise the Licensed Rights, but not otherwise.
  2. Patent and trademark rights are not licensed under this Public License.
  3. To the extent possible, the Licensor waives any right to collect royalties from You for the exercise of the Licensed Rights in accordance with this Public License, whether directly or through a collecting society under any voluntary or waivable statutory or compulsory licensing scheme. In all other cases the Licensor expressly reserves any right to collect such royalties, including when the Licensed Material is used other than for NonCommercial purposes while the NonCommercial restriction endures.

Section 2 – License Conditions.

Your exercise of the Licensed Rights is expressly made subject to the following conditions.

a. Attribution.

  1. If You Share the Licensed Material or Adapted Material, You must: A. retain the following if it is supplied by the Licensor with the Licensed Material:
    1. identification of the creator(s) of the Licensed Material and any others designated to receive attribution, in any reasonable manner requested by the Licensor (including by pseudonym if designated);
    2. a copyright notice;
    3. a notice that refers to this Public License;
    4. a notice that refers to the disclaimer of warranties;
    5. a URI or hyperlink to the Licensed Material to the extent reasonably practicable; B. indicate if You modified the Licensed Material and retain an indication of any previous modifications; and C. indicate the Licensed Material is licensed under this Public License, and include the text of, or the URI or hyperlink to, this Public License.
  2. You may satisfy the conditions in Section 2(a)(1) in any reasonable manner based on the medium, means, and context in which You Share the Licensed Material. For example, it may be reasonable to satisfy the conditions by providing a URI or hyperlink to a resource that includes the required information.
  3. If requested by the Licensor, You must remove any of the information required by Section 2(a)(1)(A) to the extent reasonably practicable.

b. ShareAlike.

In addition to the conditions in Section 2(a), if You Share Adapted Material You produce, the following conditions also apply.

  1. The Adapter's License You apply must be a Compatible License.

  2. You must include the text of, or the URI or hyperlink to, the Adapter's License You apply. You may satisfy this condition in any reasonable manner based on the medium, means, and context in which You Share Adapted Material.

  3. You may not offer or impose any additional or different terms or conditions on, or apply any Effective Technological Measures to, Adapted Material that restrict exercise of the rights granted under the Adapter's License You apply.

  4. You must provide the Shared Adapted Material and the Compatible License to Milkomeda Foundation by an email containing either the Shared Licensed Material or a URI to the Shared Licensed Material sent to the email address below.

Section 3 – Sui Generis Database Rights.

Where the Licensed Rights include Sui Generis Database Rights that apply to Your use of the Licensed Material:

a. for the avoidance of doubt, Section 1(a)(1) grants You the right to extract, reuse, reproduce, and Share all or a substantial portion of the contents of the database

b. if You include all or a substantial portion of the database contents in a database in which You have Sui Generis Database Rights, then the database in which You have Sui Generis Database Rights (but not its individual contents) is Adapted Material, including for purposes of Section 2(b); and

c. You must comply with the conditions in Section 2(a) if You Share all or a substantial portion of the contents of the database.

Nothing in this Section 3 will be read to grant to You cryptocurrency, cryptographically restricted tokens, or other digital assets. For the avoidance of doubt, this Section 3 supplements and does not replace Your obligations under this Public License where the Licensed Rights include other Copyright and Similar Rights.

Section 4 – Disclaimer of Warranties and Limitation of Liability.

a. Unless otherwise separately undertaken by the Licensor, to the extent possible, the Licensor offers the Licensed Material as-is and as-available, and makes no representations or warranties of any kind concerning the Licensed Material, whether express, implied, statutory, or other. This includes, without limitation, warranties of title, merchantability, fitness for a particular purpose, non-infringement, absence of latent or other defects, accuracy, or the presence or absence of errors, whether or not known or discoverable. Where disclaimers of warranties are not allowed in full or in part, this disclaimer may not apply to You.

b. To the extent possible, in no event will the Licensor be liable to You on any legal theory (including, without limitation, negligence) or otherwise for any direct, special, indirect, incidental, consequential, punitive, exemplary, or other losses, costs, expenses, or damages arising out of this Public License or use of the Licensed Material, even if the Licensor has been advised of the possibility of such losses, costs, expenses, or damages. To the extent a limitation of liability is not allowed in full or in part, this limitation may not apply to You.

c. To the extent possible, in no event will the Licensor be liable to You on any legal theory (including, without limitation, negligence) or otherwise for more than USD$1.00.

d. The disclaimer of warranties and limitations of liability provided above shall be interpreted in a manner that, to the extent possible, most closely approximates an absolute disclaimer and waiver of all liability notwithstanding any failure of essential purpose of any limited remedy.

Section 5 – Term and Termination.

  1. This Public License applies for the term of the Copyright and Similar Rights licensed here. However, if You fail to comply with this Public License, then Your rights under this Public License terminate automatically and immediately.
  2. Where Your right to use the Licensed Material has terminated under Section 5(a), it reinstates:
  3. automatically as of the date the violation is cured, if such violation is able to be cured, provided it is cured within 30 days of Your discovery of the violation, and the violation does not concern any NonCommercial restriction or limitation; or
  4. upon express reinstatement by the Licensor.

For the avoidance of doubt, this Section 5(b) does not affect any right the Licensor may have to seek remedies for Your violations of this Public License.

  1. For the avoidance of doubt, the Licensor may also offer the Licensed Material under separate terms or conditions or stop distributing the Licensed Material at any time; however, doing so will not terminate this Public License.
  2. Sections 4, 5, 6, 7 and 8survive termination of this Public License.

Section 6 – Other Terms and Conditions.

  1. The Licensor shall not be bound by any additional or different terms or conditions communicated by You unless expressly agreed.
  2. Any arrangements, understandings, or agreements regarding the Licensed Material not stated herein are separate from and independent of the terms and conditions of this Public License.

Section 7 – Interpretation.

  1. To the extent possible, if any provision of this Public License is deemed unenforceable, it shall be automatically reformed to the minimum extent necessary to make it enforceable. If the provision cannot be reformed, it shall be severed from this Public License without affecting the enforceability of the remaining terms and conditions.
  2. No term or condition of this Public License will be waived and no failure to comply consented to unless expressly agreed to by the Licensor.
  3. Nothing in this Public License constitutes or may be interpreted as a limitation upon, or waiver of, any privileges and immunities that apply to the Licensor or You, including from the legal processes of any jurisdiction or authority.
  4. You may not assign any of Your rights or obligations under this Public License, whether by operation of law or otherwise, without the written consent of the Licensor, except in connection with a bona fide merger, acquisition, corporate reorganization, or sale of all or substantially Your assets
  5. The terms 'include' and 'including' will be deemed to be immediately followed by the phrase "without limitation." The word "will" expresses an obligation of a party equivalent to "shall" when a party is the subject of the sentence. The word "or" has an inclusive meaning, equivalent to "or" except where the context requires (e.g., "either (x) or (y)"). This Public License will not be construed in favor of or against any party by reason of the extent to which any party participated in the preparation of this Public License. Should any terms of this Public License be determined to be otherwise void or unenforceable by any arbitrator or court of competent jurisdiction, such terms will be deemed amended to achieve as nearly as possible the same effect as the original terms and the remainder of this Public License will remain in full force and effect. The parties hereto confirm that they have requested that this Public License be drafted in English. Les parties ont exigé que le présent contrat et tous les documents connexes soient rédigés en anglais.

Section 8 – Definitions.

  1. Adapted Material means material subject to Copyright and Similar Rights that is derived from or based upon the Licensed Material or in which the Licensed Material is translated, altered, arranged, transformed, or otherwise modified. For purposes of this Public License, where the Licensed Material is a musical work, performance, or sound recording, Adapted Material is always produced where the Licensed Material is synced in timed relation with a moving image.
  2. Adapter's License means the license You apply to Your Copyright and Similar Rights in Your contributions to Adapted Material in accordance with the terms and conditions of this Public License.
  3. Commit means an operation which sends new additions, removals, or updates to files in the repository of a publicly accessible version control system, such as GitHub, making such changes part of the revision history of a branch of the repository.
  4. Compatible License means either (a) a license with the same License Elements and essentially the equivalent of this Public License, in any case no less restrictive and as protective of the Licensed Rights, or (b) this Public License, without modification other than to reflect different parties and the licensed works of authorship.
  5. Copyright and Similar Rights means copyright or similar rights closely related to copyright recognized under applicable law including, without limitation, performance, broadcast, sound recording, and Sui Generis Database Rights, without regard to how the rights are labeled or categorized. For purposes of this Public License, the rights specified in Section 1(b)(1)-(2) are not Copyright and Similar Rights.
  6. Effective Technological Measures means those measures that, in the absence of proper authority, may not be circumvented under laws fulfilling obligations under Article 11 of the WIPO Copyright Treaty adopted on December 20, 1996, or similar international agreements.
  7. Exceptions and Limitations means exceptions or limitations imposed by law to Copyright and Similar Rights that applies to Your use of the Licensed Material.
  8. Governmental Authority  means any federal, state, local or foreign government or political subdivision thereof, or any agency or instrumentality of such government or political subdivision.
  9. License Elements means the terms and conditions set forth in the sections below titled Attribution, NonCommercial, and ShareAlike.
  10. Licensed Material means the artistic or literary work, database, or other material or work of authorship to which the Licensor applied this Public License.
  11. Licensed Rights means the rights granted to You subject to the terms and conditions of this Public License, which are limited to all Copyright and Similar Rights that apply to Your use of the Licensed Material and that the Licensor has authority to license.
  12. Licensor means the individual(s) or entity(ies) granting rights under this Public License.
  13. NonCommercial means not intended for or directed towards commercial advantage or monetary compensation, either by You or any other individual or entity, but instead intended for and directed towards research or education without any anticipated commercial application.
  14. Person  means an individual, corporation, partnership, joint venture, limited liability company, Governmental, unincorporated organization, trust, association or other entity.
  15. Release means a software release in the repository of a publicly accessible version control system, such as GitHub, to the general public from the Licensor identified by the Licensor as a "release" and consisting of two (2) or three (3) digits separated by decimal points.
  16. Share means to provide material to any Person, including to the public generally, by any means or process that requires permission under the Licensed Rights, such as reproduction, public display, public performance, distribution, dissemination, communication, or importation, and to make material available to any Person including in ways that members of the public may access the material from a place and at a time individually chosen by them.
  17. Sui Generis Database Rights means rights other than copyright resulting from Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases, as amended or succeeded, as well as other essentially equivalent rights recognized under applicable law anywhere in the world.
  18. You means the individual or entity exercising the Licensed Rights under this Public License. Your has a corresponding meaning.

Email address to receive Adapted Materials: [email protected]

Identification of the creator(s) of the Licensed Material and any others designated to receive attribution: Milkomeda Foundation

Licensor: Milkomeda Foundation

Examples of Releases as of April 1, 2023 include the Releases found here: https://github.com/dcSpark/cardano-multiplatform-lib/releases

Licensed Material © 2023 by Milkomeda Foundation is licensed under the Starting Gate Public License ver. 1.0. To view a copy of this license, visit http://[_________________________]