Merge pull request #3096 from danielyxie/new-license

Change license to Apache 2 with Commons Clause
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LIMITED USE SOFTWARE LICENSE AGREEMENT
“Commons Clause” License Condition v1.0
This Limited Use Software License Agreement (the "Agreement") is a legal agreement between you, the end-user, and Daniel Y Xie,
the creator of the software, hereafter referred to as the Creator.
The Software is provided to you by the Licensor under the License, as defined below, subject to the following condition.
By downloading or purchasing the software material, which includes source code (the "Source Code"), artwork data, music and software
tools (collectively, the "Software"), you are agreeing to be bound by the terms of this Agreement. If you do not agree to the terms
of this Agreement, promptly destroy the Software you may have downloaded or copied.
Without limiting other conditions in the License, the grant of rights under the License will not include, and the License does not grant to you, the right to Sell the Software.
SOFTWARE LICENSE
For purposes of the foregoing, “Sell” means practicing any or all of the rights granted to you under the License to provide to third parties, for a fee or other consideration (including without limitation fees for hosting or consulting/ support services related to the Software), a product or service whose value derives, entirely or substantially, from the functionality of the Software. Any license notice or attribution required by the License must also include this Commons Clause License Condition notice.
1. Grant of License. The Creator grants to you the right to use the Software. You have no ownership or proprietary rights in or to
the Software, or the Trademark. For purposes of this section, "use" means loading the Software into RAM, as well as installation
on a hard disk or other storage device. The Software, together with any archive copy thereof, shall be destroyed when no longer
used in accordance with this Agreement, or when the right to use the Software is terminated. You agree that the Software will not
be shipped, transferred or exported into any country in violation of the U.S. Export Administration Act (or any other law governing
such matters) and that you will not utilize, in any other manner, the Software in violation of any applicable law.
Software: Bitburner
2. Permitted Uses.
License: Apache 2.0 with Commons Clause
You may copy and distribute literal (i.e., verbatim) or modified copies of the Software's source code.
You must meet all of the following conditions with respect to any work that you distribute or publish that in whole or in part
contains or is derived from the Software or any part thereof:
Licensor: Daniel Y Xie
(a) The distributed Software may not be used in any way for commercial gain and must not violate any of the restrictions
set forth in Section 3.
(b) If you have modified the Software, you must cause the modified Software to carry prominent notices stating that
you have modified the Software's files. Modifications must not alter or remove any copyright notices in the Software.
(c) The distributed Software must include either a written copy of this License, or a prominent written indication that
the Software is covered by this License and written instructions for printing and/or displaying the copy of the License
on the distribution medium
(d) When modifications to the Software are released under this license, a non-exclusive royalty-free right is granted to
the initial developer of the Software to distribute your modification in future versions of the Software provided
such versions remain available under these terms in addition to any other license(s) of the initial developer.
(d) You may not impose any further restrictions on the recipient's exercise of the rights granted herein.
-------------------------------------------------------------------
For educational purposes only, you, the end-user, may use portions of the Source Code, such as particular
routines, to develop your own software, but may not duplicate the Source Code. The limited
right referenced in the preceding sentence is hereinafter referred to as "Educational Use." By so exercising the Educational
Use right you shall not obtain any ownership, copyright, proprietary or other interest in or to the Source Code, or any portion
of the Source Code. You may dispose of your own software in your sole discretion. When exercising the Educational Use right,
you may not use or exploit the Software, or any portion of the Software, which includes the Source Code, for commercial gain.
Apache License
Version 2.0, January 2004
http://www.apache.org/licenses/
TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
3. Prohibited Uses: Under no circumstances shall you, the end-user, be permitted, allowed or authorized to commercially
exploit the Software or any work that in whole or in part contains or is derived from the Software or any part thereof.
Neither you nor anyone at your direction shall do any of the following acts with regard to the Software,
or any portion thereof:
Definitions.
Rent;
"License" shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 9 of this document.
Sell;
"Licensor" shall mean the copyright owner or entity authorized by the copyright owner that is granting the License.
Lease;
"Legal Entity" shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.
Offer on a pay-per-play basis;
"You" (or "Your") shall mean an individual or Legal Entity exercising permissions granted by this License.
Distribute for money or any other consideration; or
"Source" form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files.
In any other manner and through any medium whatsoever commercially exploit or use for any commercial purpose.
"Object" form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types.
4. Copyright. The Software and all copyrights related thereto (including all characters and other images generated by the
Software or depicted in the Software) are owned by the Creator and is protected by United States copyright laws and international treaty
provisions. The Creator shall retain exclusive ownership and copyright in and to the Software and all portions of the Software and you
shall have no ownership or other proprietary interest in such materials. You must treat the Software like any other copyrighted
material. You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License.
You may not otherwise reproduce, copy or disclose to others, in whole or in any part, the Software. You may not copy the
written materials accompanying the Software. You agree to use your best efforts to see that any user of the Software licensed
hereunder complies with this Agreement.
"Work" shall mean the work of authorship, whether in Source or Object form, made available under the License, as indicated by a copyright notice that is included in or attached to the work (an example is provided in the Appendix below).
5. NO WARRANTIES. The Creator DISCLAIMS ALL WARRANTIES, BOTH EXPRESS IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SOFTWARE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC
LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. the Creator DOES NOT WARRANT THAT THE OPERATION
OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR FREE OR MEET YOUR SPECIFIC REQUIREMENTS. THE WARRANTY SET FORTH ABOVE IS IN LIEU
OF ALL OTHER EXPRESS WARRANTIES WHETHER ORAL OR WRITTEN. THE AGENTS, EMPLOYEES, DISTRIBUTORS, AND DEALERS OF THE CREATOR ARE NOT AUTHORIZED
TO MAKE MODIFICATIONS TO THIS WARRANTY, OR ADDITIONAL WARRANTIES ON BEHALF OF THE CREATOR.
"Derivative Works" shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof.
Exclusive Remedies. The Software is being offered to you free of any charge. You agree that you have no remedy against the creator,
its affiliates, contractors, suppliers, and agents for loss or damage caused by any defect or failure in the Software regardless
of the form of action, whether in contract, tort, includinegligence, strict liability or otherwise, with regard to the Software.
This Agreement shall be construed in accordance with and governed by the laws of the State of Texas. Copyright and other
proprietary matters will be governed by United States laws and international treaties. IN ANY CASE, THE CREATOR SHALL NOT BE LIABLE
FOR LOSS OF DATA, LOSS OF PROFITS, LOST SAVINGS, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR OTHER SIMILAR DAMAGES ARISING
FROM BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, OR OTHER LEGAL THEORY EVEN IF THE CREATOR OR ITS AGENT HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. Some jurisdictions do not allow the exclusion or limitation of
incidental or consequential damages, so the above limitation or exclusion may not apply to you.
"Contribution" shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as "Not a Contribution."
"Contributor" shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work.
Grant of Copyright License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form.
Grant of Patent License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed.
Redistribution. You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form, provided that You meet the following conditions:
(a) You must give any other recipients of the Work or Derivative Works a copy of this License; and
(b) You must cause any modified files to carry prominent notices stating that You changed the files; and
(c) You must retain, in the Source form of any Derivative Works that You distribute, all copyright, patent, trademark, and attribution notices from the Source form of the Work, excluding those notices that do not pertain to any part of the Derivative Works; and
(d) If the Work includes a "NOTICE" text file as part of its distribution, then any Derivative Works that You distribute must include a readable copy of the attribution notices contained within such NOTICE file, excluding those notices that do not pertain to any part of the Derivative Works, in at least one of the following places: within a NOTICE text file distributed as part of the Derivative Works; within the Source form or documentation, if provided along with the Derivative Works; or, within a display generated by the Derivative Works, if and wherever such third-party notices normally appear. The contents of the NOTICE file are for informational purposes only and do not modify the License. You may add Your own attribution notices within Derivative Works that You distribute, alongside or as an addendum to the NOTICE text from the Work, provided that such additional attribution notices cannot be construed as modifying the License.
You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of Your modifications, or for any such Derivative Works as a whole, provided Your use, reproduction, and distribution of the Work otherwise complies with the conditions stated in this License.
Submission of Contributions. Unless You explicitly state otherwise, any Contribution intentionally submitted for inclusion in the Work by You to the Licensor shall be under the terms and conditions of this License, without any additional terms or conditions. Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with Licensor regarding such Contributions.
Trademarks. This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file.
Disclaimer of Warranty. Unless required by applicable law or agreed to in writing, Licensor provides the Work (and each Contributor provides its Contributions) on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Work and assume any risks associated with Your exercise of permissions under this License.
Limitation of Liability. In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages.
Accepting Warranty or Additional Liability. While redistributing the Work or Derivative Works thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability.
END OF TERMS AND CONDITIONS
APPENDIX: How to apply the Apache License to your work.
To apply the Apache License to your work, attach the following
boilerplate notice, with the fields enclosed by brackets "[]"
replaced with your own identifying information. (Don't include
the brackets!) The text should be enclosed in the appropriate
comment syntax for the file format. We also recommend that a
file or class name and description of purpose be included on the
same "printed page" as the copyright notice for easier
identification within third-party archives.
Copyright 2022 Daniel Y Xie
Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at
http://www.apache.org/licenses/LICENSE-2.0
Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.