Privacilla.Org

Home
Past Releases and Reports
Coverage
About Privacilla
Privacy Fundamentals
Privacy and Government
Privacy and Business
Online Privacy
Financial Privacy
Medical Privacy
You are hereby licensed to e-mail Privacilla!
Your Source for Privacy Policy from a Free-market, Pro-technology Perspective


Click to return to the About Privacilla outline

Home > About Privacilla > The Privacilla Public License


The Privacilla Public License

(Version 1.1) 1. Definitions.

1.1. "Contributor" means each entity that creates or contributes to the creation of Modifications.

1.2. "Covered Work" means the Original Work or Modifications or the combination of the Original Work and Modifications, in each case including portions thereof.

1.3. "Larger Work" means a work that combines Covered Work or portions thereof with work not governed by the terms of this License.

1.4. "License" means this document.

1.5. "Modifications" means any addition to or deletion from the substance or structure of either the Original Work or any previous Modifications.

1.6. "Original Work" means work of creative expression appearing on the Privacilla.org website, and portions thereof, and does not mean work of creative expression hosted on other sites even if such work appears in a frame hosted by Privacilla.org or is linked to by Privacilla.org.

1.7 "Privacilla.org" means Privacilla.org, Inc., a Washington, D.C. corporation incorporated July 16, 2002.

1.8. "You" means an individual or a legal entity exercising rights under, and complying with all of the terms of this License or a future version of this License issued under Section 5.1. For legal entities, "You" includes any entity which controls, is controlled by, or is under common control with You. For purposes of this definition, "control" means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of fifty percent (50%) or more of the outstanding shares or beneficial ownership of such entity.

2. License.

2.1. Privacilla.org Grant.

Privacilla.org hereby grants You a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims, to use, reproduce, modify, display, perform, sublicense, and distribute the Original Work (or portions thereof) with or without Modifications, or as part of a Larger Work.

2.2. Contributor Grant.

Each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims to use, reproduce, modify, display, perform, sublicense, and distribute the Modifications created by such Contributor (or portions thereof) either unmodified, with other Modifications, as Covered Work, or as part of a Larger Work.

3. Distribution Obligations.

3.1. Application of License.

The Modifications which You create or to which You contribute are governed by the terms of this License, including without limitation Section 2.2.

3.2. Attribution of Covered Work.

You must cause all Covered Work to which you contribute to include a prominent statement that it is derived, directly or indirectly, from Original Work provided by Privacilla.org.

3.3. Required Notices.

You may choose to offer, and to charge a fee for warranty, indemnity, or liability obligations to one or more recipients of Covered Work. However, You may do so only on Your own behalf, and not on behalf of Privacilla.org or any Contributor. You must provide notice of this to all offerees, making it absolutely clear that any such warranty, indemnity or liability obligation is offered by You alone. You hereby agree to indemnify Privacilla.org and every Contributor for any liability incurred by Privacilla.org or such Contributor as a result of warranty, indemnity, or liability terms You offer.

3.4. Larger Works.

You may create and distribute a Larger Work by combining Covered Work with other work not governed by the terms of this License. In such a case, You must make sure the requirements of this License are fulfilled for the Covered Work.

4. Inability to Comply Due to Statute or Regulation.

If it is impossible for You to comply with any of the terms of this License with respect to some or all of the Covered Work due to statute or regulation then You must comply with the terms of this License to the maximum extent possible.

5. Versions of the License.

5.1. New Versions.

Privacilla.org may publish revised and/or new versions of the License from time to time. Each version will be given a distinguishing version number.

5.2. Effect of New Versions.

Once Covered Work has been published under a particular version of the License, You may always continue to use it under the terms of that version. You may also choose to use such Covered Work under the terms of any subsequent version of the License published by Privacilla.org. No one other than Privacilla.org has the right to modify the terms applicable to Covered Work created under this License.

5.3. Derivative Works.

This license contains terms which differ from the Mozilla Public License and the Netscape Public License. If you create or use a modified version of this License (which you may only do in order to apply it to work which is not already Covered Work governed by this License), you must (a) rename Your license so that the phrases "Mozilla", "MOZILLAPL", "MOZPL", "Netscape", "NPL", "Privacilla", "PPL", or any confusingly similar phrase do not appear anywhere in your license and (b) otherwise make it clear that your version of the license contains terms which differ from the Mozilla Public License, Netscape Public License, and Privacilla Public License.

6. DISCLAIMER.

COVERED WORK IS PROVIDED UNDER THIS LICENSE "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED WORK IS FACTUALLY OR LEGALLY ACCURATE, NON-DEFAMATORY, OR NON-INFRINGING. THE COVERED WORK DOES NOT CONSTITUTE LEGAL ADVICE AND YOU MAY NOT RELY ON IT FOR THAT PURPOSE, NOR ADVISE OTHERS TO RELY ON IT FOR THAT PURPOSE. THE ENTIRE RISK AS TO THE QUALITY OF THE COVERED WORK IS WITH YOU. SHOULD ANY COVERED WORK PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT PRIVACILLA.ORG OR ANY OTHER CONTRIBUTOR) ASSUME THE RISK OF ANY DEFECT. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED WORK IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

7. TERMINATION.

This License and the rights granted hereunder will terminate automatically if You fail to comply with terms herein and fail to cure such breach within 30 days of becoming aware of the breach. All sublicenses to the Covered Work which are properly granted shall survive any termination of this License. Provisions which, by their nature, must remain in effect beyond the termination of this License shall survive.

8. LIMITATION OF LIABILITY.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL PRIVACILLA.ORG, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED WORK, OR ANY SUPPLIER OF ANY SUCH PARTY, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

9. MISCELLANEOUS.

This License represents the complete agreement concerning the subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This License shall be governed by [California] law (except to the extent applicable law, if any, provides otherwise), excluding its conflict-of-law provisions. With respect to disputes in which at least one party is a citizen of, or an entity chartered or registered to do business in, the United States of America: (a) unless otherwise agreed in writing, all disputes relating to this License (excepting any dispute relating to intellectual property rights) shall be subject to final and binding arbitration, with the losing party paying all costs of arbitration; (b) any arbitration relating to this Agreement shall be held in [Santa Clara County, California, under the auspices of JAMS/EndDispute;] and (c) any litigation relating to this Agreement shall be subject to the jurisdiction of the Federal Courts of the [Northern District of California,] with venue lying in [Santa Clara County, California,] with the losing party responsible for costs, including without limitation, court costs and reasonable attorneys fees and expenses. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this License.

10. RESPONSIBILITY FOR CLAIMS.

You are responsible for damages arising, directly or indirectly, out of Your utilization of rights under this License, based on the number of copies of Covered Work you made available, the revenues you received from utilizing such rights, and other relevant factors. You agree to work with affected parties to distribute responsibility on an equitable basis.


Comments? license@privacilla.org (subject: License)

Previous Page: Why Privacilla?
Next Page: Our Privacy Policy


©2000-2004 Privacilla.org. All content subject to the Privacilla Public License.