path: root/common/HESSLA

The Hacktivismo Enhanced-Source Software License Agreement

Everyone is permitted to copy and distribute verbatim copies of this
license document. You may use content from this license document as
source material for your own license agreement, but you may not use
the name "Hacktivismo Enhanced-Source Software License Agreement ,"
("HESSLA") or any confusingly similar name, trademark or service-mark,
in connection with any license agreement that is not either (1) a
verbatim copy of this License Agreement, or (2) a license agreement
that contains only additional terms expressly permitted by The HESSLA.

INTRODUCTORY STATEMENT

Software that Hacktivismo[fn1] releases under this License Agreement
is intended to promote our political objectives. And, likewise, the
purpose of this License Agreement itself is political: Namely, to
compliment the software's intended political function. Hacktivismo
itself exists to develop and deploy computer software technologies
that promote fundamental human rights of end-users. Hacktivismo also
seeks to enlist the active participation and involvement of people
around the world, to help us improve these software tools, and to take
other actions (including actions that involve using and distributing
our software, and the advancement of similarly-minded software
projects of others) that promote human rights and freedom worldwide.

[fn1] http://hacktivismo.com/

Because of our non-commercial objective of promoting end-users'
freedoms, Hacktivismo has some special, and admittedly ambitious,
licensing needs. This License Agreement enhances the benefits of
published source code by backing up our human rights projects with
appropriate remedies enforceable in court.

The Freedoms We Promote: When we speak of the freedom of end-users, we
are talking about basic freedoms recognized in the Hacktivismo
Declaration,[fn2] the International Covenant on Civil and Political
Rights,[fn3] the Universal Declaration of Human Rights,[fn4] and other
documents that recognize and promote freedom and human
dignity. Principal among these freedoms are:

[fn2] http://hacktivismo.com/about/declarations/

[fn3] http://www.unhchr.ch/html/menu3/b/a_ccpr.htm

[fn4] http://www.un.org/Overview/rights.html

Freedom of Expression: The freedom of opinion and expression
"include[s] freedom to seek, receive and impart information and ideas
of all kinds, regardless of frontiers,"[fn5] and the freedom to choose
one's own medium of expression. The arbitrary use of technological
censorship measures to block or prevent access to broad categories of
speech and expression including the work of critics, intellectuals,
artists, journalists, and religious figures is seldom, if ever,
justified by any legitimate governmental objective. And, to the extent
that technology enables censorship decisions to be removed from public
scrutiny and review, technology-based censorship mechanisms are
especially suspect and dangerous to civil society. When repressive
governments and other institutions of power seek to deprive people of
this basic freedom, people have the right to secure, employ and deploy
the tools necessary to reclaim the freedoms to which they are
justifiably entitled.

[fn5] Article 19, Universal Declaration of Human Rights.

Freedom of Collective Action and Association: People have and should
have the "freedom of peaceful assembly and association."[fn6] This
freedom includes the right of people to work together to secure
constructive change in their personal, economic, and political
circumstances. When repressive governments or other institutions of
power seek to deprive people (including users of the Internet) of
their freedoms of voluntary assembly, association, and common
enterprise, people have the right to secure, employ and deploy
technologies that reclaim the freedoms to which they are justifiably
entitled.

[fn6] Article 20(1), Universal Declaration of Human Rights.

Freedoms of Thought, Conscience, Sexuality, and Religion: People have
and should have the freedom of "thought, conscience, and
religion."[fn7] This right "includes freedom to change religion or
belief, and freedom, either alone or in community with others, in
public or private, to manifest any religion or belief in teaching,
practice, worship and observance, regardless of doctrine."[fn8] Every
person, regardless of sex or sexual preference, and with reciprocal
respect for the corresponding rights of all others, has and should
have the right to determine and choose, freely and without coercion,
whether, how and with whom he or she shall fully enjoy the most
private and personal aspects of human life, including individual
sexuality, reproduction, and fertility. Moreover, "[t]he explicit
recognition and reaffirmation of the right of all women to control all
aspects of their health, in particular their own fertility, is basic
to their empowerment."[fn9] When repressive governments and other
institutions of power seek to deprive people of these basic freedoms,
they have the right to secure, employ and deploy the tools necessary
to reclaim the freedoms to which they are justifiably entitled.

[fn7] Article 18, Universal Declaration of Human Rights.

[fn8] Id.

[fn9] Paragraph 17, Beijing Declaration of the Fourth United Nations
Conference on Women (Sept. 15, 1995).

Freedom of Privacy: Every person has the right to be free from
"subject[ion] to arbitrary interference with his [or her] privacy,
family, home or correspondence"[fn10] -- digitally, or by any other
means or methodology. This freedom of privacy includes the right to be
free from governmental or private surveillance that might interfere
with or deter the rightful exercise of any other freedoms of any
person. In the context of software tools that enable people to reclaim
their freedoms, all end-users have and should have the right to secure
and use tools that are free from the surreptitious insertion into
their software of "backdoors," "spy-ware," escrow mechanisms, or other
code or techniques that might promote surveillance, or subvert
security (including cryptographic security), confidentiality,
anonymity, authenticity and/or trust.

[fn10] Article 12, Universal Declaration of Human Rights.

Reasons For Enhancing "Free" and "Open-Source" Licensing: Developing a
new software license is never a trivial task and this License
Agreement has presented special challenges for Hacktivismo. Because of
our human rights objectives, this License Agreement includes some
specific terms and conditions that, as a technical matter, depart from
the previously-recognized and established definitions of "free"[fn11]
software and "open source"[fn12] software.

[fn11] http://www.gnu.org/philosophy/free-sw.html

[fn12] http://www.opensource.org/docs/definition_plain.php

We have therefore coined the term "enhanced source" to describe this
License Agreement because we have sought to combine most of the
freedom-promoting benefits of "free" or "open-source" software
(including mandatory disclosure of any changes or modifications
Licensees make to the source code, whenever they release modified
versions of HESSLA-licensed Programs or other Derivative Works), with
additional enhanced license and contractual terms that are intended to
promote the freedom of end-users. The Hacktivismo Enhanced-Source
Software License Agreement promotes our objectives in an enhanced
manner by including contractual terms that empower both Hacktivismo
and qualified end-users with greater flexibility and leverage to
maintain and recover human rights, through the mechanism of the
contract itself including terms that are designed to enhance both our
enforcement posture and that of qualified end-users in court.

To be sure, Hacktivismo enthusiastically endorses and supports the
goals and objectives of the Free Software movement and those of the
open source community. In particular, we owe a special debt of
gratitude to the Free Software Foundation, to the Open Source
Initiative, and to many exceedingly talented people who have
contributed to Free Software and open source projects and endeavors
over the years.

Ultimately, however, after reviewing the field of possibilities among
previously-existing "open source" and "free" licenses, Hacktivismo has
concluded that none of them fully meets our requirements. Writing our
own License Agreement enables us to pursue our human rights objectives
more effectively. This licensing endeavor represents a first step
toward achieving our objectives, and no doubt informed feedback,
scholarship, and learned commentary will enable us to pursue our
objectives even more effectively in the future.

Benefits That Carry Over From Free Software: Before we explain how an
"enhanced source" License Agreement specifically differs from a "free"
or "open source" license, we believe it is helpful to explain in
greater detail what the principal advantages, and freedom-enhancing
aspects, of "free" software are.

When we speak of "free software," we refer to important personal
freedoms, and not price. In addition to terms that are intended to
promote the freedoms of Expression, Thought, Collective Action and
Privacy (along with other human rights) of all end-users, the
Hacktivismo Enhanced-Source Software License Agreement is also
designed and intended to promote the following freedoms:

·    You have the freedom to distribute copies of the software (and
     charge for this service if You wish);

·    You have the freedom of access to the source code, to inspect and
     verify (and even to improve, if You can) the integrity and
     functionality of the software;

·    So long as You do not subvert or infringe the freedoms of
     end-users by doing so, You have the freedom to change the
     software or to use parts of it in new Programs;

·    You have the freedom to know You can do these things.

The licenses for most computer software programs are designed to take
away Your freedom to share software or change source code. This kind
of software is designated as proprietary or "closed." The Hacktivismo
Enhanced-Source Software License Agreement -- like other license
agreements that have served as inspiration for our work -- is intended
to promote both Your freedom to share our software with others, and
Your freedom to change and improve the software. Your right under this
License Agreement to look at the source not only enables You to
contribute Your own efforts to Hacktivismo's human rights projects,
but also serves as an additional level of assurance to You as an
end-user that unwelcome, hidden surprises have not been inserted into
the software, that could compromise Your rights and freedoms when You
use the software.

HESSLA Helps Safeguard Additional End-User Freedoms: In order to
understand why this License Agreement must be described as "enhanced
source," and cannot strictly speaking be considered either a "free" or
"open source" license agreement, it is helpful to consider the
possibility that a programmer might insert malicious code, such as a
computer virus, a keystroke logger, or "spyware" into a program that
has previously been released under a "free software" license
agreement.[fn13] The act of inserting malicious code into software, if
done by a private individual or company (though many governments will
contend they are not required to play by the same rules as the rest of
us), may well violate criminal laws and result in civil tort
liability. It is, of course, also possible to deter such malicious
behavior by including, in a software license agreement, a specific
contractual term that prohibits such behavior meaning that any
licensee who violates the prohibition against malicious code can be
sued by the licensor (or by third-party beneficiaries who the licensor
has explicitly identified as alternate or additional enforcers of the
agreement) for money damages and a court order forbidding any
continued violation.

[fn13]In this regard, a the following hypothetical illustration should
be particularly helpful. If an organization of computer security
enthusiasts were to release, under the GNU General Public License
("GPL"), a program called "Grey Eminence 3000" ("GE3K") a
remote-administration tool for Microsoft Windows, that helps
illustrate how insecure this particular commercial product happens to
be it should hardly be surprising that the United States Secret
Service and Federal Bureau of Investigation, after making some loud
and misleading apocalyptic noises about "computer hackers" to Congress
and in the media (primarily in a largely successful effort to increase
their technology budgets), would also study the software to see what
it does, how it does it, and whether any of those capabilities happen
to be features that law enforcement might find helpful. Of course, if
the U.S. federal law enforcement community were to announce, several
months later, that it had commissioned the development of "classified"
quasi-viral computer-intrusion and surveillance software called "Magic
Candle" the capabilities of which law enforcement does not plan to
disclose to the public, and the source code for which will remain a
closely-guarded secret then inquiring minds might become curious as to
whether "Magic Candle" contains any of the GPLed code that was written
for "GE3K" (or any other free or open-source software, for that
matter). Needless to say, under the right factual circumstances, if
any GPLed code from GE3K found its way into "Magic Candle," then the
U.S. government or its software development contractor might well be
obligated to reveal to the public all the source code for "Magic
Candle." Nevertheless, so long as the "Magic Candle" source is never
publicly released for comparison purposes, then everyone with
legitimate questions about GPL compliance faces a chicken-and-egg
problem. So long as the source of "Magic Candle" remains secret,
detection of a GPL violation becomes dramatically more difficult
(particularly so if, additionally, nobody outside law enforcement has
access to the compiled executables), which means the worldwide
community of Internet users and software developers has only the
United States government's solemn assurance that no GE3K code was used
cold comfort at best.

Previous Licenses Provide More Limited Protection Against Government
and Other Surveillance: No software license agreement that qualifies
as "free" or "open source" may contain any restriction as a term of
the license agreement that in any way qualifies any Licensee's
prerogative (no matter who they are or what their motives may be) to
make changes to code. In other words, an "open source" license
agreement, to qualify for the "open source" label, may not even
contain a term that prohibits the insertion of destructive viruses or
"trojan horses" into derivative code. Likewise, no "free" or "open
source" license agreement can in any way contain (as a license term)
any restriction on the use of software not even a prohibition against
unlawful surveillance or other malicious uses of the software.

The "open source" and "Free Software" communities rely principally on
voluntary compliance[fn14] with the disclosure provisions of license
agreements (although many "free" and "open source" license agreements,
such as BSD-style licenses, do not require changed code to be
disclosed, and in fact enable modified versions of programs to be
"taken proprietary") and on social mechanisms of enforcement, as means
to detect, prevent, deter, and remedy abuses.

[fn14]As the example in Note 13 illustrates, it is sometimes difficult
to determine whether the source disclosure requirement of the GPL has
been violated, such as when a modified version of a program has been
distributed without source, precisely because detection of a
disclosure violation depends in part on the disclosure of the source
of derivative works in order to compare whether a putative derivative
really does contain code derived from a GPLed parent work.

The Hacktivismo Enhanced-Source Software License Agreement does not in
any way sacrifice or surrender the enforcement techniques and
safeguards available under license agreements such as the GNU General
Public License. Rather, the HESSLA enhances the options available to
Hacktivismo and to qualified end-users, by providing additional
enforcement options. Moreover, for the purpose of promoting the
freedoms of both programers and end-users, through the enforced
mandatory disclosure of code modified by third-parties, this License
Agreement has advantages over many of the licenses (such as BSD-style
licenses) that fully qualify as "free" or "open-source" license
agreements.

What makes this License Agreement an "enhanced source" License
Agreement, instead of a "free software" license agreement, is that the
Hacktivismo Enhanced-Source Software License Agreement contains
specific, very limited restrictions on modification and use of
software by Licensees, as part of a calculated trade-off of rights and
responsibilities that is intended to promote the freedom of end-users.

The Enhanced-Source Bargain Reinforces End-User Freedoms: To protect
Your rights, we need to make restrictions that forbid anyone to deny
You specific rights or to ask You to surrender these rights. To
protect Your human rights as an end-user of this program or any work
based on it, we need to make restrictions that forbid You and all
other Licensees of this software (including, without limitation, any
government Licensees) from using this code to subvert the human rights
of any end-user.

We protect Your rights and the rights of all end-users with two steps:
(1) copyright the software, and (2) offer You this License Agreement
which gives You qualified legal permission to copy, distribute and/or
modify the software.

The restrictions shared by all Licensees translate into certain
responsibilities for You and for everyone else (including governmental
entities everywhere) if You distribute copies of the software, if You
use it, or if You modify it.

In this regard, the methodology we employ is not materially different
from the methodology Free Software Foundation employs in the GNU
General Public License (the "GPL"). The methodology is to exchange the
Author's permission to copy, change, and/or distribute a copyrighted
work, for every Licensee's acceptance of terms and conditions that
promote the licensor's objectives. In both this License Agreement and
the GPL, the terms and conditions that each Licensee must accept are
intended to discriminate against certain very narrow, limited kinds of
human endeavor, that are inconsistent with the licensor's political
objectives. In other words, the GPL requires each Licensee to promise
not to engage in the activity of 'propertizing,' or 'taking
proprietary,' modifications to GPLed code; modified code must also be
released under the GPL, and cannot be released in the form of "closed"
executables, or otherwise be made "proprietary." Likewise, the
Hacktivismo Enhanced Source Software License Agreement discriminates
against undesirable activity such as surveillance, introduction of
certain kinds of malicious code, and human rights violations, as well
as discriminating against "propertizing" behavior such as might
violate the GPL. Subject to these narrow restrictions, Licensees under
either license agreement enjoy very broad latitude to change, use,
explore, modify, and distribute the software much broader than they
would enjoy with typical "proprietary" software packages.

As with "copyleft" licenses such as the GPL, under the Hacktivismo
Enhanced Source Software License Agreement, programmers (including,
most importantly, programmers working for governments) do not have
unfettered or completely unlimited "freedom" for purposes of what they
can do with HESSLA-licensed code. Just as with the GPL, they do not
have the "freedom" to convert HESSLA-licensed code into "closed" or
"proprietary" code. People who create derivative works based on an
HESSLA-licensed program and distribute those works have a
corresponding obligation to "give back," and not merely to "take,"
HESSLA-licensed code.

If You distribute copies of such an HESSLA-licensed program, whether
gratis or for a fee, You must give the recipients all the rights and
responsibilities that You have. You must ensure that they, too, are
told of the terms of this License Agreement, including the freedoms
they have, and the kinds of uses and modifications that are
forbidden. You must communicate a copy of this License Agreement to
them as part of any copy, modification, or re-use of source or object
code, so they know their rights and responsibilities.

Thus, the main difference between this License Agreement and the GPL
is not the methodology we employ,[fn15] but the scope and breadth of
the political objectives we seek to promote. Simply put, the political
objectives we promote are somewhat broader than the explicit political
goals that the Free Software Foundation seeks to promote through the
GPL. Our goals include a somewhat broader range of human rights than
the specific copyright-related rights with which the GPL is
principally concerned. But, while we are concerned with the entire
field of human rights rather than a subset, we want to make it
perfectly clear that we also embrace, share, and seek to promote, the
goals we share with the Free Software movement.

[fn15] There is a modest difference, but it is not large, and mostly
philosophical. Some experts on the GPL draw a distinction between a
"contract" and a pure "license," by taking the position that a pure
"license" does not impose "contractual" conditions on a Licensee only
conditions that would otherwise (but for the license) be subsumed
within with exclusive rights that the licensor has under copyright
law. Thus, the licensor has the right to exclude anyone else from such
activities as making copies, making derivative works, publicly
performing a work, and other exclusive rights specified by
statute. But, concerning the act of "using" a computer software
program, in instances in which a copy is not made (or, in the trivial
sense that a copy is made only temporarily from a storage medium to
memory, to enable software to be "used"), the Free Software Foundation
takes the position that United States law, at least, does not confer
an exclusive right on the copyright holder (or, as others would argue,
the United States statute qualifies the holder's exclusive right to
copy),because the U.S. Copyright Act specifically exempts from the
exclusive right to make copies, a copy made from (for example) a
computer hard drive to volatile memory, in connection with the process
of executing computer software. So far as we can determine, the Free
Software Foundation does not argue that it is impossible
"contractually" to impose conditions on use, as part of the bargain
one strikes, when conditionally allowing Licensees to make copies of a
program. Rather, for philosophical reasons, the Free Software
Foundation voluntarily chooses not to include what it views as
"contractual" conditions in the GPL. In this sense, Hactivismo takes
the position that the HESSLA is clearly a "contract" and contains
"contractual" terms, such that it should not be considered a "pure
license," under the nomenclature employed by the Free Software
Foundation. However, in our view, precisely because both the HESSLA
and the GPL are clearly conditional grants of permission to do things
from which the Licensee would otherwise be excluded (i.e., the
Licensee must undertake certain obligations in exchange for permission
to copy, modify, or distribute, a work), the key point is that the
methodology is quite similar.

Compared with the GPL, aspects of the HESSLA give both end-users and
programmers (including, most importantly, governmental end-users and
programmers) marginally less leeway to make malicious use of the
program, or to insert malicious code into a program, than they would
have under a traditional "copyleft" software license. These aspects of
the HESSLA (such as the requirement that the program cannot be used to
violate human rights, or forbidding the insertion of "spy-ware" or
surveillance mechanisms into derivative works) are included because
our ultimate objective is to preserve and promote the human rights of
end-users, including their privacy and their right of free expression.

In other words, unlike many programmers, we are not just in the
business of developing and distributing open-standards
technologies. We're also trying to empower end-users (including
end-users in totalitarian regimes) with software tools that promote
fundamental freedoms while also seeking as best we can to protect
these end-users from being arrested, beaten, or worse. Our objective
of promoting end-user freedoms, including the freedoms of people in
politically repressive countries, is precisely the factor that has led
Hacktivismo to develop this License Agreement instead of using
another.

The HESSLA Also Includes Features To Enhance Government
Accountability: To this end, we have sought and intend to ensure, to
the fullest extent that law (including, without limitation, the law of
contract and of copyright licensing) enables us to do so,[fn16] that
no government or other institution may do anything with this computer
software or the underlying source code without becoming a Licensee
bound by the terms of this License Agreement, subject to the same
restrictions on modification and use as anyone else.

[fn16] "Everyone has the right to an effective remedy by the competent
national tribunals for acts violating . . . fundamental rights . . ."
Article 8, United Nations Declaration of Human Rights.

Accordingly, this License Agreement includes several terms that are
aimed explicitly at governmental entities, in order to maximize
enforceability against such entities. Respect for the Rule of Law
means that no governmental entity is above the law, and that no
governmental entity should be permitted to use its status as a
mechanism for circumventing the requirements of this License
Agreement.

Any use, copying or modification of this software by any governmental
official or governmental entity anywhere in the world is a voluntary
act, which act the governmental official or entity is free to forego
if it does not wish to be bound by this License Agreement. This
License Agreement seeks to establish as clearly as possible two
important checks on the improper use of government power. First, the
voluntary election to use, copy, or modify, this software by any
government or governmental official constitutes a waiver of all
immunities that might otherwise be asserted, against enforcement of
this License Agreement by the Author, or assertion by end-users or
others of any human rights laws that may have been violated by a
government employing the Software. Second, any such government or
governmental official not only subjects itself to enforcement action
in its own courts, but also explicitly and voluntarily subjects itself
to enforcement action in the courts of other nations that are likely
to be more objective, for the purpose of giving effect to the terms of
this License Agreement.

Mechanism of Contract Acceptance: This License Agreement treats any
use of the software as acceptance of the terms of this License
Agreement. To understand the significance of this, it is important to
distinguish between the law governing copyright and the law governing
offer and acceptance for the purpose of contract formation (which
gives the offeror the power to specify the manner of acceptance). The
question of whether copyright confers an exclusive right of use on the
author of a program is certainly an interesting one. Under United
States law, see 17 U.S.C.  117(a)(1), a limited exception to the
exclusive right to copy exists if one makes a second copy "created as
an essential step in the utilization of the computer program in
conjunction with a machine and that it is used in no other manner."
This License Agreement presupposes that there is no exclusive right to
use in the Copyright Act, just an exclusive right to copy. However,
You may not make a copy for anyone else unless they are subject to the
terms of this License Agreement. Nor may You permit anyone to use Your
copy or any other copy You have made unless they are subject to the
terms of this License Agreement. You may not make a copy for Your own
use or the use of anyone else without the Author's leave to make that
copy. And any use, modification, copying, or distribution by anyone
constitutes acceptance of the License Agreement, for purposes of
contract law. In other words, the License Agreement is designed so
that there is no loophole permitting anyone to claim the ability to
use, copy, distribute, or modify the Program or any Software based on
it without subjecting themselves voluntarily to its terms.

On "Shrinkwrap," "Click-Wrap," "Use-Wrap" and "Copy-Wrap" License
Agreements: Arguably, some kinds of software license agreements have
more in common with legislation than they do with the bargained-for,
negotiated agreements that come to mind when most people think of
"contracts." Particularly if a software licensor has sufficient market
power to be deemed a monopoly, or if certain proposed expansions of
the law of software licensing, masquerading as "codifications," are
widely adopted, the ability of a private entity to impose legal
prohibitions and duties on virtually everyone else as though the
licensor has assumed powers that customarily belong to legislative
bodies is both breathtaking and deeply troubling. Of course, we are
hardly the first to distribute software under a license agreement that
imposes conditions on a take-it-or-leave-it basis. This technique is,
as everyone knows, extremely common with proprietary software. And
some of the conditions unilaterally imposed by proprietary licensors
range from the ridiculous to the obscene. But even certain kinds of
"free" and "open-source" software licenses, such as the GPL, depend on
the continued viability of legal rules that enable at least some
reasonable conditions to be imposed by software licensors on a
take-it-or-leave-it basis, with essentially automated methods of
acceptance. Courts have been divided as to how far these kinds of
licensor-driven automated agreements can go. And we cannot say that we
will be unhappy if courts or legislatures ultimately reach a consensus
that sharply limits what conditions licensors can impose through such
mechanisms. However, while the law is still developing, we think
nothing could be more appropriate than to enlist the techniques that
institutions of power have used to limit freedom and instead to
re-purpose the techniques of "copy-wrap" or "use-wrap" licensing by
putting them to use for humanitarian purposes and using them to
promote the human rights of end-users. To deny us the use of these
techniques, courts and other law-making institutions would be required
simultaneously to disarm, to the same degree, proprietary software
manufacturers that possess vast market power. And, unlike the
conditions imposed by many proprietary vendors, the conditions we
impose through this License Agreement are hardly onerous for any
end-user (unless, of course, the end-user wants to act maliciously or
engage in surveillance).

No Warranty: Next, for each author's protection and our own, we want
to make certain that everyone understands that there is no warranty
for this software. And, if the software is modified by someone else
and passed on, we want its recipients to know that what they have is
not the original, so that any problems introduced by others will not
reflect on the original authors' reputations.

Software Patents: Software patents constantly threaten any project
such as this one. We wish to avoid the danger that redistributors of a
HESSLA-licensed program will individually obtain patent licenses, in
effect making the program proprietary. To prevent this, we have
included terms by which any Author must, if it has patented (or
licensed a patent covering) any technology embodied in any Program or
Software released under this License Agreement, grant all HESSLA
Licensees of the Program or Software a royalty-free license of that
technology. Any Licensees who release derivative works, as permitted
by this License Agreement, are required to grant a royalty-free patent
license of any patented technology.

Anyone Can Release Original Software Under The HESSLA: Although this
License Agreement is drafted with Hacktivismo's objectives in mind,
perhaps it will meet other authors' needs as well. If You are
considering using this License Agreement for Your own software
(meaning the code is not a work based on Hacktivismo's program in
which case all derivative works must be released under this License
Agreement but rather Your code is original software that You have
developed yourself) and if You have no special reason to prefer this
License Agreement to some license that has a more robust and
widely-understood track-record, then in most instances we encourage
You to use the GPL (or, even better, release concurrently under both
the HESSLA and the GPL), because a considerable body of interpretive
literature and community custom has grown up around that License
Agreement. The Open Software License, see <
http://www.rosenlaw.com/osl.html >, is newer and has less of a track
record. But You may also want to consider that licensing option (as
well as the option of concurrent OSL/HESSLA licensing).

Any author of original software can release that software under this
License Agreement, if You choose to do so; not just
Hacktivismo. Hacktivismo is the author and owner of software released
by Hacktivismo under this License Agreement. But original software
released by other Authors would be owned and licensed by them.

Ultimately, we think it is important to emphasize to other Authors
that Programs they have written can be released under both the HESSLA
and some other license simultaneously (for, example, a program that is
presently GPLed by its Author can be released simultaneously under
both the GPL and the HESSLA, at the Author's discretion). If You are
an Author of original work, You need neither the permission of the
Free Software Foundation nor of Hacktivismo to elect to release
software simultaneously under both licenses. The advantage of such a
voluntary double-licensing is that it will enable developers to
produce hybrid software packages (combining the functionality
available through, say, Hacktivismo's Six-Four APIs, with some of the
functionality of one or more popular GPL-licensed communications
programs) and to release the hybrid packages under the HESSLA, without
causing those developers to run afoul of the GPL, the HESSLA or
both. Such an arrangement maximizes the potential benefit to both the
developer community and to end-users worldwide. Software released
under a BSD-style license, as a general matter, can be used to produce
a hybrid program, mixing HESSLA-licensed code with code that was
previously subject to a BSD license. The HESSLA requires that, in such
an instance, the hybrid code must be released under the HESSLA (to
avoid weakening the end-user protections and affirmative rights
afforded by the HESSLA). Hacktivismo is more than happy to consult
with any software developer about the license terms that should apply
to any Software that is derivative of any Program of which Hacktivismo
is Author. If another Author has released code under the HESSLA, then
that Author has primary decision-making authority about the manner in
which his her or its software is licensed, but Hacktivismo is happy to
field any questions hat may be posed by such an Author or by any
developer who is building on another Author's HESSLAed code.

License Revisions: This License Agreement is subject to revision,
prior to the release of the Hacktivismo Enhanced-Source Software
License Agreement, Version 1.0. We invite interested parties from the
international academic and legal communities to offer comments and
suggestions on ways to improve this License Agreement, prior to the
time that The HESSLA version 1.0 is released.

The terms of the latest and most up-to-date version of this License
Agreement, up to and including version 1.0, shall be deemed
automatically to supersede the terms of any lower-numbered version of
this License Agreement with respect to any Licensee who became a
Licensee under the lower-numbered version of the HESSLA.

The terms of the latest and most up-to-date version of this License
Agreement will always be published on the Hacktivismo Website,
http://www.hacktivismo.com/.

The precise terms and conditions for copying, distribution, use and
modification follow.

TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION, USE AND/OR MODIFICATION

0. DEFINITIONS. The following are defined terms that, whenever used in
this License Agreement, have the following meanings:

0.1 Author: "Author" shall mean the copyright holder of an Original
Work (the "Program") released by the Author under this License
Agreement.

0.2 Copy: "Copy" shall mean everything and anything that constitutes a
copy according to copyright law, without limitation. A "copy" does not
become anything other than a "copy" merely because, for example, a
governmental or institutional employee duplicates the Program or a
part of it for another employee of the same institution or
Governmental Entity, or merely because it is copied from one computer
to another, or from one medium to another, or multiple copies are made
on the same medium, within the same institutional or Governmental
Entity.

0.3 Derivative Work: A "Derivative Work" or "work based on the
Program" shall mean either the Program itself or any work containing
the Program or a portion of it, either verbatim or with modifications
and/or translated into another language. (Hereinafter, translation is
included without limitation in the term "modification."). In the
unlikely event that, and to the extent that, this contractual
definition of "Derivative Work" is later determined by any tribunal or
dispute-resolution body to be different is scope from the meaning of
"derivative work" under the copyright law of any country, then the
broadest and most encompassing possible definition either the
contractual definition of "Derivative Work," or any broader and more
encompassing statutory or legal definition, shall control. Acceptance
of this contractually-defined scope of the term "Derivative Work" is a
mandatory pre-condition for You to receive any of the benefits offered
by this License Agreement.

0.3.1 Mere aggregation of another work not based on the Program with
the Program (or with a Derivative Work based on the Program) on a
volume of a storage or distribution medium does not bring the other
work under the scope of this License Agreement.

0.4 License Agreement: When used in this License Agreement, the terms
"this License" or "this License Agreement" shall mean The Hactivismo
Enhanced-Source Software License Agreement, v. 0.1, or any subsequent
version made applicable under the terms of Section 15.

0.5 Licensee: The term "Licensee" shall mean You or any other
Licensee, whether or not a Qualified Licensee.

0.6 Original Work: "Original Work" shall mean a Program or other work
of authorship, or portion thereof, that is not a Derivative Work.

0.7 Program: The "Program," to which this License Agreement applies,
is the Original Work (including, but not limited to, computer
software) released by the Author under this License Agreement.

0.8 Qualified Licensee: A "Qualified Licensee" means a Licensee that
remains in full compliance with all terms and conditions of this
License Agreement. You are no longer a Qualified Licensee if, at any
time, You violate any terms of this License Agreement. Neither the
Program nor any Software based on the Program may be copied,
distributed, performed, displayed, used or modified by You, even for
Your own purposes, unless You are a Qualified Licensee. A Licensee
other than a Qualified Licensee remains subject to all terms and
conditions of this License Agreement, and to all remedies for each
cumulative violation as set forth herein. Loss of the status of
Qualified Licensee signifies that violation of any terms of the
License Agreement subjects a Licensee to loss of most of the benefits
that Qualified Licensees enjoy under this License Agreement, and to
additional remedies for all violations occurring after the first
violation.

0.9 Software: "Software" or "the Software" shall mean the Program, any
Derivative Work based on the Program or a portion thereof, and/or any
modified version of the Program or portion thereof, without
limitation.

0.10 Source Code: The term "Source Code" shall mean the preferred form
of a Program or Original Work for making modifications to it and all
available documentation describing how to access and modify that
Program or Original Work.

0.10.1 For an executable work, complete Source Code means all the
Source Code for all modules it contains, plus any associated interface
definition files, plus the scripts used to control compilation and
installation of the executable. However, as a special exception, the
Source Code distributed need not include anything that is normally
distributed (in either source or binary form) with the major
components (compiler, kernel, and so on) of the operating system on
which the executable runs, unless that component itself accompanies
the executable.

0.10.2 "Object Code:" Because of certain peculiarities of current
export-control rules, "object code" of the Program, or any modified
version of the Program, or Derivative Work based on the Program, must
not be exported except by way of distribution that is ancillary to the
distribution of the Source Code. The "Source Code" shall be understood
as the primary content transferred or exported by You, and the "object
code" shall be considered as merely an ancillary component of any such
export distribution.

0.11 Strong Cryptography: "Strong Cryptography" shall mean
cryptography no less secure than (for example, and without limitation)
a 2048-bit minimum key size for RSA encryption, 1024-bit minimum key
size for Diffie-Hellman (El Gamal), or a 256-bit minimum key size for
AES and similar symmetric ciphers.

0.12 Substandard Key-Selection Technique: The term "Substandard
Key-Selection Technique" shall mean a method or technique to cause
encryption keys to be more easily guessed or less secure, such as by
(i) causing the selection of keys to be less than random, or (ii)
employing a selection process that selects among only a subset of
possible keys, instead of from among the largest set of possible keys
that can securely be used consistent with contemporary knowledge about
the cryptographic techniques employed by You. The following
illustrations elaborate on the foregoing definition:

0.12.1 If the key-generation or key-selection technique for the
encryption algorithm You employ involves the selection of one or more
prime numbers, or involves one or more mathematical functions or
concatenations performed on one or more prime numbers, then each prime
number should be selected from a very large set of candidate prime
numbers, but not necessarily from the set of all possible prime
numbers (e.g., inclusion of the number 1 in the candidate set, for
example, may in some instances reduce rather than enhance security),
and absolutely not from any artificially small set of candidate primes
that makes the guessing of a key easier than would be the case if a
secure key-generation technique were employed. In all instances, the
primes should be selected at random from among the candidate set. If
there is a customary industry standard for maximizing the security
associated with the key-generation or key-selection technique for the
cryptosystem You select, then (with attention also to the requirements
of Section 0.11), You should employ a key-generation or selection
technique no less secure than the customary industry standard for
secure use of the cryptosystem.

0.12.2 If the key-generation or key-selection technique for the
encryption algorithm You employ involves the selection of a random
integer, or the transformation of a random integer through one or more
mathematical processes, then the selection of the integer shall be at
random from the largest possible set of all possible integers
consistent with the secure functioning of the encryption algorithm. It
shall not be selected from an artificially small set of integers
(e.g., if a 256-bit random integer serves as the key, then You could
not set 200 of the 256 bits as "0," and randomly generate only the
remaining 56 bits producing effectively a 56-bit keylength instead of
using the full 256 bits).

0.12.3 In other words, Your key-generation technique must promote
security to the maximum extent permitted by the cryptographic
method(s) and keylength You elect to employ, rather than facilitating
eavesdropping or surveillance in any way. The example of GSM
telephones, in which 16 of 56 bits in each encryption key were set at
"0," thereby reducing the security of the system by a factor of
65,536, is particularly salient. Such artificial techniques to reduce
the security of a cryptosystem by selecting keys from only a
less-secure or suboptimal subset of possible keys, is prohibited and
will violate this License Agreement if any such technique is employed
in any Software.

0.13 You: Each Licensee (including, without limitation, Licensees that
have violated the License Agreement and who are no longer Qualified
Licensees, but who nevertheless remain subject to all requirements of
this License Agreement and to all cumulative remedies for each
successive violation), is referred to as "You."

0.13.1 Governmental Entity: "You" explicitly includes any and all
"Governmental Entities," without limitation. "Governmental Entity" or
"Governmental Entities," when used in this License Agreement, shall
mean national governments, sub-national governments (for example, and
without limitation, provincial, state, regional, local and municipal
governments, autonomous governing units, special districts, and other
such entities), governmental subunits (without limitation,
governmental agencies, offices, departments, government corporations,
and the like), supra-national governmental entities such as the
European Union, and entities through which one or more governments
perform governmental functions or exercise governmental power in
coordination, cooperation or unison.

0.13.2 Governmental Person: "You" also explicitly includes
"Governmental Persons." The terms "Governmental Person" or
"Governmental Persons," when used in this License Agreement, shall
mean the officials, officers, employees, representatives, contractors
and agents of any Governmental Entity.

1.  Application of License Agreement. This License Agreement applies
to any Program or other Original Work of authorship that contains a
notice placed by the Author saying it may be distributed under the
terms of this License Agreement. The preferred manner of placing such
a notice is to include the following statement immediately after the
copyright notice for such an Original Work:

"Licensed under the Hacktivismo Enhanced-Source Software License
Agreement, Version 0.1"

2.  Means of Acceptance Use, Copying, Distribution or Modification By
Anyone Constitutes Acceptance. Subject to Section 14.1 (concerning the
special case of certain Governmental Entities) any copying,
modification, distribution, or use by You of the Program or any
Software, shall constitute Your acceptance of all terms and conditions
of this License Agreement.

2.1 As a Licensee, You may not authorize, permit, or enable any person
to use the Program or any Software or Derivative Work based on it
(including any use of Your copy or copies of the Program) unless such
person has accepted this License Agreement and has become a Licensee
subject to all its terms and conditions.

2.2 You may not make any copy for Your own use unless You have
accepted this License Agreement and subjected yourself to all its
terms and conditions.

2.3 You may not make a copy for the use of any other person, or
transfer a copy to any other person, unless such person is a Licensee
that has accepted this License Agreement and such person is subject to
all terms and conditions of this License Agreement.

2.4 It is not the position of Hacktivismo that copyright law confers
an exclusive right to use, as opposed to the exclusive right to copy
the Software. However, for purposes of contract law, any use of the
Software shall be considered to constitute acceptance of this License
Agreement. Moreover, all copying is prohibited unless the recipient of
a copy has accepted the License Agreement. Because each such recipient
Licensee is contractually obligated not to permit anyone to access,
use, or secure a copy of the Software, without first accepting the
terms and conditions of this License Agreement, use by non-Licensees
is effectively prohibited contractually because nobody can obtain a
copy of, or access to a copy of, any Software without (1) accepting
the License Agreement through use, and (2) triggering some Licensee's
obligation to require acceptance as a precondition of copying or
access.

3.  "Qualified Licensee" Requirement: Neither the Program nor any
Software or Derivative Work based on the Program may be copied,
distributed, displayed, performed, used or modified by You, even for
Your own purposes, unless You are a "Qualified Licensee." To remain a
Qualified Licensee, You must remain in full compliance with all terms
and conditions of this License Agreement.

4.  License Agreement Is Exclusive Source of All Your Rights:

4.1 You may not copy, modify, or distribute the Program, or obtain any
copy, except as expressly provided under this License Agreement. Any
attempt otherwise to copy, modify, obtain a copy, sublicense or
distribute the Program is void, and will automatically terminate Your
rights under this License Agreement and subject You to all cumulative
remedies for each successive violation that may be available to the
Author. However, Qualified Licensees who have received copies from You
(and thereby have received rights from the Author) under this License
Agreement, and who would otherwise qualify as Qualified Licensees,
will not have their rights under their License Agreements suspended or
restricted on account of anything You do, so long as such parties
remain in full compliance.

4.2 You are not required to accept this License Agreement and prior to
the time You elect to become a Licensee and accept this License
Agreement, You may always elect instead not to copy, use, modify,
distribute, compile, or perform the Program or any Software released
under this License Agreement. However, nothing else grants You
permission to copy, to obtain or possess a copy, to compile a copy in
object code or executable code from a copy in source code, to modify,
or to distribute the Program or any Software based on the
Program. These actions are prohibited by law if You do not accept this
License Agreement. Additionally, as set forth in Section 2, any use,
copying or modification of the Software constitutes acceptance of this
License Agreement by You.

4.3 Each time You redistribute the Program (or any Software or
Derivative Work based on the Program), the recipient automatically
receives a License Agreement from the Author to copy, distribute,
modify, perform or display the Software, subject to the terms and
conditions of this License Agreement. You may not impose any further
restrictions on the recipients' exercise of the rights granted
herein. You are not responsible for enforcing compliance by third
parties to this License Agreement. Enforcement is the responsibility
of the Author.

5.  Grant of Source Code License.

5.1 Source Code Always Available from Author: Author hereby promises
and agrees except to the extent prohibited by export-control law to
provide a machine-readable copy of the Source Code of the Program at
the request of any Licensee. Author reserves the right to satisfy this
obligation by placing a machine-readable copy of the Source Code of
the most current version of the Program in an information repository
reasonably calculated to permit inexpensive and convenient access by
You for so long as Author continues to distribute the Program, and by
publishing the address of that information repository in a notice
immediately following the copyright notice that applies to the
Program. Every copy of the Program distributed by Hacktivismo (but not
necessarily every other Author) consists of the Source Code
accompanied, in some instances, by an ancillary distribution of
compiled Object Code, but the continued availability of the Source
Code from the Author addresses the possibility that You might have
(for any reason) not received from someone else a complete, current,
copy of the Source Code (lack of which would, for example, prevent You
from exporting copies to others without violating this license, see
Section 8).

5.2 Grant of License. If and only if, and for so long as You remain a
Qualified Licensee, in accordance with Section 3 of this License
Agreement, Author hereby grants You a world-wide, royalty-free,
non-exclusive, non-sublicensable copyright license to do the
following:

5.2.1 to reproduce the Source Code of the Program in copies;

5.2.2 to prepare Derivative Works based upon the Program and to edit
or modify the Source Code in the process of preparing such Derivative
Works;

5.2.3 to distribute copies of the Source Code of the Original Work
and/or of Derivative Works to others, with the proviso that copies of
Original Work or Derivative Works that You distribute shall be
licensed under this License Agreement, and that You shall fully inform
all recipients of the terms of this License Agreement.

6.  Grant of Copyright License. If and only if, and for so long as You
remain a Qualified Licensee, in accordance with Section 3 of this
License Agreement, Author hereby grants You a world-wide,
royalty-free, non-exclusive, non-sublicensable license to do the
following:

6.1 to reproduce the Program in copies;

6.2 to prepare Derivative Works based upon the Program, or upon
Software that itself is based on the Program;

6.3 to distribute (either by distributing the Source Code, or by
distributing compiled Object Code, but any export of Object Code must
be ancillary to a distribution of Source Code) copies of the Program
and Derivative Works to others, with the proviso that copies of the
Program or Derivative Works that You distribute shall be licensed
under this License Agreement, that You shall fully inform all
recipients of the terms of this License Agreement;

6.4 to perform the Program or a Derivative Work publicly;

6.5 to display the Program or a Derivative Work publicly; and

6.6 to charge a fee for the physical act of transferring a copy of the
Program (You may also, at Your option, offer warranty protection in
exchange for a fee).

7.  Grant of Patent License. If and only if, and for so long as You
remain a Qualified Licensee, in accordance with Section 3 of this
License Agreement, Author hereby grants You a world-wide,
royalty-free, non-exclusive, non-sublicensable license Agreement,
under patent claims owned or controlled by the Author that are
embodied in the Program as furnished by the Author ("Licensed Claims")
to make, use, sell and offer for sale the Program. Subject to the
proviso that You grant all Licensees a world-wide, non-exclusive,
royalty-free license under any patent claims embodied in any
Derivative Work furnished by You, Author hereby grants You a
world-wide, royalty-free, non-exclusive, non-sublicensable license
under the Licensed Claims to make, use, sell and offer for sale
Derivative Works.

8. Exclusions From License Agreement Grants. Nothing in this License
Agreement shall be deemed to grant any rights to trademarks,
copyrights, patents, trade secrets or any other intellectual property
of Licensor except as expressly stated herein. No patent license is
granted to make, use, sell or offer to sell embodiments of any patent
claims other than the Licensed Claims defined in Section 7. No right
is granted to the trademarks of Author even if such marks are included
in the Program. Nothing in this License Agreement shall be interpreted
to prohibit Author from licensing under additional or different terms
from this License Agreement any Original Work, Program, or Derivative
Work that Author otherwise would have a right to License.

8.1 Implied Endorsements Prohibited. Neither the name of the Author
(in the case of Programs and Original Works released by Hacktivismo,
the name "Hacktivismo"), nor the names of contributors who helped
produce the Program may be used to endorse or promote modifications of
the Program, any Derivative Work, or any Software other than the
Program, without specific prior written permission of the
Author. Neither the name of Hacktivismo nor the names of any
contributors who helped write the Program may be used to endorse or
promote any Program or Software released under this License Agreement
by any person other than Hacktivismo.

9.  Modifications and Derivative Works. Only Qualified Licensees may
modify the Software or prepare or distribute Derivative Works. If You
are a Qualified Licensee, Your authorization to modify the Software or
prepare or distribute Derivative Works (including permission to
prepare and/or distribute Derivative Works, as provided in Sections
5.2.2, 5.2.3, 6.2, 6.3, and 6.6) is subject to each and all of the
following mandatory terms and conditions (9.1 through 9.6, inclusive):

9.1 You must cause the modified files to carry prominent notices
stating that You changed the files and the date of any change;

9.2 If the modified Software normally reads commands interactively
when run, You must cause it, when started running for such interactive
use in the most ordinary way, to print or display an announcement
including an appropriate copyright notice and a notice that there is
no warranty (or else, saying that You provide a warranty) and that
users may redistribute the program under this License Agreement, and
telling the user how to view a copy of this License
Agreement. (Exception: if the Program itself is interactive but does
not normally print such an announcement, Your Derivative Work based on
the Program is not required to print an announcement.);

9.3 Any Program, Software, or modification thereof copied or
distributed by You, that incorporates any portion of the Original
Work, must not contain any code or functionality that subverts the
security of the Software or the end-user's expectations of privacy,
anonymity, confidentiality, authenticity, and trust, including
(without limitation) any code or functionality that introduces any
"backdoor," escrow mechanism, "spy-ware," or surveillance techniques
or methods into any such Program, Software, or modification thereof;

9.4 Any Program, Software, or modification thereof copied or
distributed by You, that employs any cryptographic or other security,
privacy, confidentiality, authenticity, and/or trust methods or
techniques, including without limitation any Derivative Work that
includes any changes or modifications to any cryptographic techniques
in the Program, shall employ Strong Cryptography.

9.5 Any Program, Software, or modification thereof copied or
distributed by You, if it contains any key-generation or selection
technique, must not employ any Substandard Key-Selection Technique.

9.6 No Program or Software copied or distributed by You may transmit
or communicate any symmetric key, any "private key" if an asymmetric
cryptosystem is employed, or any part of such key, nor may it
otherwise make any such key or part of such key known, to any person
other than the end-user who generated the key, without the active
consent and participation of that individual end-user. If a private or
symmetric key is stored or recorded in any manner, it must not be
stored or recorded in plaintext, and it must be protected from reading
(at a minimum) by use of a password. Use of steganography or other
techniques to disguise the fact that a private or symmetric key is
even stored is strongly encouraged, but not absolutely required.

10. Use Restrictions: Human Rights Violations Prohibited.

10.1 Neither the Program, nor any Software or Derivative Work based on
the Program may used by You for any of the following purposes (10.1.1
through 10.1.5, inclusive):

10.1.1 to violate or infringe any human rights or to deprive any
person of human rights, including, without limitation, rights of
privacy, security, collective action, expression, political freedom,
due process of law, and individual conscience;

10.1.2 to gather evidence against any person to be used to deprive any
person of human rights;

10.1.3 any other use as a part of any project or activity to deprive
any person of human rights, including not only the above-listed
rights, but also rights of physical security, liberty from physical
restraint or incarceration, freedom from slavery, freedom from
torture, freedom to take part in government, either directly or
through lawfully elected representatives, and/or freedom from
self-incrimination;

10.1.4 any surveillance, espionage, or monitoring of individuals,
whether done by a Governmental Entity, a Governmental Person, or by
any non-governmental person or entity;

10.1.5 censorship or "filtering" of any published information or
expression.

10.2 Additionally, the Program, any modification of it, or any
Software or Derivative Work based on the Program may not be used by
any Governmental Entity or other institution that has any policy or
practice (whether official or unofficial) of violating the human
rights of any persons.

10.3 You may not authorize, permit, or enable any person (including,
without limitation, any Governmental Entity or Governmental Person) to
use the Program or any Software or Derivative Work based on it
(including any use of Your copy or copies of the Program) unless such
person has accepted this License Agreement and has become a Licensee
subject to all its terms and conditions, including (without
limitation) the use restrictions embodied in Section 10.1 and 10.2,
inclusive.

11. All Export Distributions Must Consist of or Be Ancillary to
Distribution of Source Code. Because of certain peculiarities of
current export-control law, any distribution by You of the Program or
any Software may be in the form of Source Code only, or in the form or
Source Code accompanied by compiled Object Code, but You may not
export any Software in the form of compiled Object Code only. Such an
export distribution of compiled executable code must in all cases be
ancillary to a distribution of the complete corresponding
machine-readable source code, which must be distributed on a medium,
or by a method, customarily used for software interchange.

12. EXPORT LAWS: THIS LICENSE AGREEMENT ADDS NO RESTRICTIONS TO THE
EXPORT LAWS OF YOUR JURISDICTION. It is Your responsibility to comply
with any export regulations applicable in Your jurisdiction. From the
United States, Canada, or many countries in Europe, export or
transmission of this Software to certain embargoed destinations
(including, but not necessarily limited to, Cuba, Iran, Iraq, Libya,
North Korea, Sudan, and Syria), may be prohibited. If Hacktivismo is
identified as the Author of the Program (and it is not the property of
some other Author), then export to any national of Cuba, Iran, Iraq,
Libya, North Korea, Sudan or Syria, or into the territory of any of
these countries, by any Licensee who has received this Software
directly from Hacktivismo or from the Cult of the Dead Cow, or any of
their members, is contractually prohibited and will constitute a
violation of this License Agreement. You are advised to consult the
current laws of any and all countries whose laws may apply to You,
before exporting this Software to any destination. Special care should
be taken to avoid export to any embargoed destination. An Author other
than Hacktivismo may substitute that Author's legal name for
"Hacktivismo" in this Paragraph, in relation to any Program released
by that Author under this Paragraph.

13. Contrary Judgments, Settlements and Court Orders. If, as a
consequence of a court judgment or allegation of patent infringement
or for any other reason (not limited to patent issues), conditions are
imposed on You (whether by court order, agreement or otherwise) that
contradict the conditions of this License Agreement, they do not
excuse You from the conditions of this License Agreement. If You
cannot distribute so as to satisfy simultaneously Your obligations
under this License Agreement and any other pertinent obligations, then
as a consequence You may not distribute the Software at all. For
example, if a patent license would not permit royalty-free
redistribution of the Program by all those who receive copies directly
or indirectly through You, then the only way You could satisfy both it
and this License Agreement would be to refrain entirely from
distribution of the Program.

It is not the purpose of this Section 13 to induce You to infringe any
patents or other property right claims or to contest validity of any
such claims; this Section has the sole purpose of protecting the
integrity of the software distribution system reflected in this
License Agreement, which is implemented by public license
practices. Many people have made generous contributions to the wide
range of software distributed through related distribution systems, in
reliance on consistent application of such distribution systems; it is
up to the Author/donor to decide if he or she is willing to distribute
software through any other system and a Licensee cannot impose that
choice.

14. Governmental Entities: Any Governmental Entity ("Governmental
Entity" is defined broadly as set forth in Section 0.13.1) or
Governmental Person (as "Governmental Person" is defined broadly in
Section 0.13.2), that uses, modifies, changes, copies, displays,
performs, or distributes the Program, or any Software or Derivative
Work based on the Program, may do so if and only if all of the
following terms and conditions (14.1 through 14.10, inclusive) are
agreed to and fully met:

14.1 If it is the position of any Governmental Entity (or, in the case
of any "Governmental Person," if it is the position of that
Governmental Person's Governmental Entity) that any doctrine or
doctrines of law (including, without limitation, any doctrine(s) of
immunity or any formalities of contract formation) may render this
License Agreement unenforceable or less than fully enforceable against
such Governmental Entity, or any Governmental Person of such
Governmental Entity, then prior to any use, modification, change,
display, performance, copy or distribution of the Program, or of any
Software or Derivative Work based on the Program, or any part thereof,
by the Governmental Entity, or by any Governmental Person of that
Governmental Entity, the Governmental Entity shall be required to
inform the Author in writing of each such doctrine that is believed to
render this License Agreement or any part of it less than fully
enforceable against such Governmental Entity or any Governmental
Person of such entity, and to explain in reasonable detail what
additional steps, if taken, would render the License Agreement fully
enforceable against such entity or person. Failure to provide the
required written notice to the Author in advance of any such use,
modification, change, display, performance, copy or distribution,
shall constitute an irrevocable and conclusive waiver of any and all
reliance on any doctrine, by the Governmental Entity, that is not
included or that is omitted from the required written notice (failure
to provide any written notice means all reliance on any doctrine is
irrevocably waived). Any Governmental Entity that provides written
notice under this subsection is prohibited, as are all of the
Governmental Persons of such Governmental Entity, from making any use,
change, display, performance, copy, modification or distribution of
the Software or any part thereof, until such time as a License
Agreement is in place, agreed upon by the Author and by the
Governmental Entity, that such entity concedes is
fully-enforceable. Any use, modification, change, display,
performance, copy, or distribution following written notice under this
Paragraph, but without the implementation of an agreement as provided
herein, shall constitute an irrevocable and conclusive waiver by the
Governmental Entity (and any and all Governmental Persons of such
Governmental Entity) of any and all reliance on any legal doctrine
either referenced in such written notice or omitted from it.

14.2 Any Governmental Entity that uses, copies, changes, modifies, or
distributes, the Software or any part or portion thereof, or any
Governmental Person who does so (whether that person's Governmental
Entity contends the person's action was, or was not, authorized or
official), permanently and irrevocably waives any defense based on
sovereign immunity, official immunity, the Act of State Doctrine, or
any other form of immunity, that might otherwise apply as a defense
to, or a bar against, any legal action based on the terms of this
License Agreement.

14.2.1 With respect to any enforcement action brought by the Author in
a United States court against a foreign Governmental Entity, the
waiver by any Governmental Entity as provided in Subparagraphs 14.1
and 14.2 is hereby expressly acknowledged by each such Governmental
Entity to constitute a "case . . . in which the foreign state has
waived its immunity," within the scope of 28 U.S.C.  1605(a)(1) of the
Foreign Sovereign Immunities Act of 1976 (as amended). Each such
Governmental Entity also specifically agrees and concedes that the
"commercial activity" exceptions to the FSIA, 28 U.S.C.  1605(a)(2),
(3) are also applicable. With respect to an action brought against the
United States or any United States Governmental Entity, in the courts
of any country, the U.S. Governmental Entity shall be understood to
have voluntarily agreed to a corresponding waiver of immunity from
actions in the courts of any other sovereign.

14.2.2 With respect to any enforcement action brought by an authorized
end-user (as a third-party beneficiary, under the terms of
Subparagraphs 14.3 and 14.10) in a United States court against a
foreign Governmental Entity, the waiver by any Governmental Entity as
provided in Subparagraphs 14.1 and 14.2 is hereby expressly
acknowledged by each such Governmental Entity to constitute a "case
. . . in which the foreign state has waived its immunity," within the
scope of 28 U.S.C.  1605(a)(1) of the Foreign Sovereign Immunities Act
of 1976 (as amended). . Each such Governmental Entity also
specifically agrees and concedes that the "commercial activity"
exceptions to the FSIA, 28 U.S.C.  1605(a)(2), (3) are also
applicable. With respect to an action brought against the United
States or any United States Governmental Entity, in the courts of any
country, the U.S. Governmental Entity shall be understood to have
voluntarily agreed to a corresponding waiver of immunity from actions
in the courts of any other sovereign.

14.2.3 With respect to any action or effort by the Author in the
United States to execute a judgment against a foreign Governmental
Entity, by attaching or executing process against the property of such
Governmental Entity, the waiver by any Governmental Entity as provided
in Subparagraphs 14.1 and 14.2 is hereby expressly acknowledged by
each such Governmental Entity to constitute a case in which "the
foreign state has waived its immunity from attachment in aid of
execution or from execution," in accordance with 28 U.S.C.  1610(a)(1)
of the Foreign Sovereign Immunities Act of 1976 (as amended). Each
such Governmental Entity also specifically agrees and concedes that
the "commercial activity" exceptions to the FSIA, 28 U.S.C.
1610(a)(2), (d) are also applicable. With respect to an action brought
against the United States or any United States Governmental Entity, in
the courts of any country, the U.S. Governmental Entity shall be
understood to have voluntarily agreed to a corresponding waiver of
immunity from actions in the courts of any other sovereign.

14.2.4 With respect to any action or effort brought by an authorized
end-user (as a third-party beneficiary, in accordance with
Subparagraphs 14.3 and 14.10) in the United States to execute a
judgment against a foreign Governmental Entity, by attaching or
executing process against the property of such Governmental Entity,
the waiver by any Governmental Entity as provided in Subparagraphs
14.1 and 14.2 is hereby expressly acknowledged by each such
Governmental Entity to constitute a case in which "the foreign state
has waived its immunity from attachment in aid of execution or from
execution," in accordance with 28 U.S.C.  1610(a)(1) of the Foreign
Sovereign Immunities Act of 1976 (as amended). Each such Governmental
Entity also specifically agrees and concedes that the "commercial
activity" exceptions to the FSIA, 28 U.S.C.  1610(a)(2), (d) are also
applicable. With respect to an action brought against the United
States or any United States Governmental Entity, in the courts of any
country, the U.S. Governmental Entity shall be understood to have
voluntarily agreed to a corresponding waiver of immunity from actions
in the courts of any other sovereign.

14.3 Any Governmental Entity that uses, copies, changes, modifies,
displays, performs, or distributes the Software or any part thereof,
or any Governmental Person who does so (whether that person's
Governmental Entity contends the person's action was, or was not,
authorized or official), and thereby violates any terms and conditions
of Section 9 (restrictions on modification), or Paragraph 10 (use
restrictions), agrees that the person or entity is subject not only to
an action by the Author, for the enforcement of this License Agreement
and for money damages and injunctive relief (as well as attorneys'
fees, additional and statutory damages, and other remedies as provided
by law), but such Governmental Entity and/or Person also shall be
subject to a suit for money damages and injunctive relief by any
person whose human rights have been violated or infringed, in
violation of this License Agreement, or through the use of any
Software in violation of this License Agreement. Any person who brings
an action under this section against any Governmental Person or Entity
must notify the Author promptly of the action and provide the Author
the opportunity to intervene to assert the Author's own
rights. Damages in such a third-party action shall be measured by the
severity of the human rights violation and the copyright infringement
or License Agreement violation, combined, and not merely by reference
to the copyright infringement. All end-users, to the extent that they
are entitled to bring suit against such Governmental Entity by way of
this License Agreement, are intended third-party beneficiaries of this
License Agreement. Punitive damages may be awarded in such a
third-party action against a Governmental Entity or Governmental
Person, and each and every such Governmental Entity or Person
conclusively waives all restrictions on the amount of punitive
damages, and all defenses to the award of punitive damages to the
extend such limitations or defenses depend upon or are a function of
such person or entity's status as a Governmental Person or
Governmental Entity.

14.4 Any State of the United States, or any subunit or Governmental
Entity thereof, that uses, copies, changes, modifies, displays,
performs, or distributes the Software of any part thereof, or any of
whose Governmental Persons does so (whether that person's Governmental
Entity contends the person's action was, or was not, authorized or
official), unconditionally and irrevocably waives for purposes of any
legal action (i) to enforce this License Agreement, (ii) to remedy
infringement of the Author's copyright, or (iii) to invoke any of the
third-party beneficiary rights set forth in Section 14.3 -- any
immunity under the Eleventh Amendment of the United States
Constitution or any other immunity doctrine (such as sovereign
immunity or qualified, or other, official immunity) that may apply to
state governments, subunits, or to their Governmental Persons.

14.5 Any Governmental Entity (including, without limitation, any State
of the United States), that uses, copies, changes, modifies, performs,
displays, or distributes the Software or any part thereof, or any of
whose Governmental Persons does so (whether that person's Governmental
Entity contends the person's action was, or was not, authorized or
official), unconditionally and irrevocably waives for purposes of any
legal action (i) to enforce this License Agreement, (ii) to remedy
infringement of the Author's copyright, or (iii) to invoke any of the
third-party beneficiary rights set forth in Section 14.3 any doctrine
(such as, but not limited to, the holding in the United States Supreme
Court decision of Ex Parte Young) that might purport to limit remedies
solely to prospective injunctive relief. Also explicitly and
irrevocably waived is any underlying immunity doctrine that would
require the recognition of such a limited exception for purposes of
remedies. The remedies against such governmental entities and persons
shall explicitly include money damages, additional damages, statutory
damages, consequential damages, exemplary damages, punitive damages,
costs and fees that might otherwise be barred or limited in amount on
account of governmental status.

14.6 Any Governmental Entity that uses, copies, changes, modifies,
displays, performs, or distributes the Software or any part thereof,
or any of whose Governmental Persons does so (whether that person's
Governmental Entity contends the person's action was, or was not,
authorized or official), unconditionally and irrevocably waives for
purposes of any legal action (i) to enforce this License Agreement,
(ii) to remedy infringement of the Author's copyright, or (iii) to
invoke any of the third-party beneficiary rights set forth in Section
14.3 any and all reliance on the Act of State doctrine, sovereign
immunity, international comity, or any other doctrine of immunity
whether such doctrine is recognized in that government's own courts,
or in the courts of any other government or nation.

14.6.1 Consistent with Subparagraphs 14.2.1 through 14.2.4, this
waiver shall explicitly be understood to constitute a waiver not only
against suit, but also against execution against property, for
purposes of the Foreign Sovereign Immunities Act of 1976 (as
amended). All United States Governmental Entities shall be understood
to have agreed to a corresponding waiver of immunity against (i) suit
in the courts of other sovereigns, and (ii) execution against property
of the United States located within the territory of other countries.

14.7 Governmental Persons, (i) who violate this License Agreement
(whether that person's Governmental Entity contends the person's
action was, or was not, authorized or official), or (ii) who are
personally involved in any activity, policy or practice of a
governmental entity that violates this License Agreement (whether that
person's Governmental Entity contends the person's action was, or was
not, authorized or official), or (iii) that use, copy, change, modify,
perform, display or distribute, the Software or any part thereof, when
their Governmental Entity is not permitted to do so, or is not a
Qualified Licensee, or has violated the terms of this License
Agreement, each and all individually waive and shall not be permitted
to assert any defense of official immunity, "good faith" immunity,
qualified immunity, absolute immunity, or other immunity based on his
or her governmental status.

14.8 No Governmental Entity, nor any Governmental Person thereof may,
by legislative, regulatory, or other action, exempt such Governmental
Entity, subunit, or person, from the terms of this License Agreement,
if the Governmental Entity or any such person has voluntarily used,
modified, copied, displayed, performed, or distributed the Software or
any part thereof.

14.9 Enforcement In Courts of Other Sovereigns Permitted. By using,
modifying, changing, displaying, performing or distributing any
Software covered by this License Agreement, any Governmental Entity
hereby voluntarily and irrevocably consents, for purposes of (i) any
action to enforce the terms of this License Agreement, and (ii) any
action to enforce the Author's copyright (whether such suit be for
injunctive relief, damages, or both) to the jurisdiction of any court
or tribunal in any other country (or a court of competent jurisdiction
of a subunit, province, or state of such country) in which the terms
of this License Agreement are believed by the Author to be
enforceable. Each such Governmental Entity hereby waives all
objections to personal jurisdiction, all objections based on
international comity, all objections based on the doctrine of forum
non conveniens, and all objections based on sovereign or governmental
status or immunity that might otherwise be asserted in the courts of
some other sovereign.

14.9.1 The Waiver by any Governmental Entity of a country other than
the United States shall be understood explicitly to constitute a
waiver for purposes of the Foreign Sovereign Immunities Act of 1976
(see Subparagraphs 14.2.1to 14.2.4, inclusive, supra), and all United
States Governmental Entities shall be understood to have agreed to a
waive correspondingly broad in scope with respect to actions brought
in the courts of other sovereigns.

14.9.2 Forum Selection Non-U.S. Governmental Entities. Governmental
Entities that are not United States Governmental Entities shall be
subject to suit, and agree to be subject to suit, in the United States
District Court for the District of Columbia. The Author or an
authorized end-user may bring an action in another court in another
country, but the United States District Court for the District of
Columbia, shall always be available as an agreed-upon forum for such
an action. At the optional election of any Author (or, in the case of
a third-party claim, any end-user asserting rights under Subparagraphs
14.3 and 14.10), such a suit against a non-U.S. Governmental Entity or
Person may be brought in the United States District Court for the
Southern District of New York, or the United States District Court for
the Northern District of California, as a direct substitute for the
United States District Court for the District of Columbia, for all
purposes of this Subparagraph.

14.9.3 Forum Selection U.S. Governmental Entities. All United States
Governmental Entities shall be subject to suit, and agree to be
subject to suit, in the following (non-exclusive) list of fora:
Ottawa, Canada, London, England, and Paris, France. The Author or an
authorized end-user may bring action in another court that can
exercise jurisdiction. But the courts in these three locations shall
always be available (at the option of the Author or an authorized
end-user) as a forum for resolving any dispute with the United States
or a governmental subunit thereof. Except as provided in Subparagraph
14.10, any and all United States Governmental Persons shall be subject
to suit wherever applicable rules of personal jurisdiction and venue
shall permit such suit to be filed, but no such United States
Governmental Person may assert any defense based on forum non
conveniens or international comity, to the selection of any particular
lawful venue.

14.10 Enforcement Of Claims For Human Rights Violations. By using,
copying, modifying, changing, performing, displaying or distributing
the Software covered by this License Agreement, any Governmental
Entity, or Governmental Person hereby voluntarily and irrevocably
consents -- for purposes of any third-party action to remedy human
rights violations and other violations of this License Agreement (as
reflected in Section 14.3) -- to the jurisdiction of any court or
tribunal in any other country (or a court of competent jurisdiction of
a subunit, province, or state of such country) in which the
third-party beneficiary reasonably believes the relevant terms of this
License Agreement are enforceable. The Governmental Entity or Person
hereby waives all objections to personal jurisdiction, all objections
based on international comity, all objections based on the doctrine of
forum non conveniens, and all objections based on sovereign or
governmental status or immunity that might otherwise be asserted in
the courts of some other sovereign.

14.10.1 Waiver of Immunity and Forum Selection. The presumptively
valid and preferred fora identified in Subparagraphs 14.9.2 and 14.9.3
shall also apply for purposes of Subparagraph 14.10. All Governmental
Entities are subject to the same Waiver of Immunity as set forth in
Subparagraphs 14.2.1 to 14.2.4, inclusive.

15. Subsequent Versions of HESSLA. Hacktivismo may publish revised
and/or new versions of the Hacktivismo Enhanced-Source Software
License Agreement from time to time. Such new versions will be similar
in spirit to the present version, but may differ in detail to address
new problems or concerns.

Each version is given a distinguishing version number. Any Program
released by Hacktivismo under a version of this License Agreement
prior to Version 1.0, shall be considered released under Version 1.0
of the Hacktivismo Enhanced-Source Software License Agreement, once
Version 1.0 is formally released. Prior to Version 1.0, any Software
released by Hacktivismo or a Licensee of Hacktivismo under a
lower-numbered version of the HESSLA shall be considered automatically
to be subject to a higher-number version of the HESSLA, whenever a
later-numbered version has been released.

Concerning the work of any other Author, if the Program specifies a
version number of this License Agreement which applies to it and "any
later version," You have the option of following the terms and
conditions either of that version or of any later version published by
Hacktivismo. If the Program does not specify a version number of this
License Agreement, You may choose any version after 1.0, once version
1.0 is published by Hacktivismo, and prior to publication of version
1.0, You may choose any version of the Hacktivismo Software License
Agreement then published by Hacktivismo. If the Program released by
another Author, specifies only a version number, then that version
number only shall apply. If "the latest version," is specified, then
the latest version of the HESSLA published on the Hacktivismo Website
shall always apply at all times.

16. DISCLAIMER OF WARRANTY. THE SOFTWARE IS PROVIDED UNDER THIS
LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY, EITHER EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTY OF
NON-INFRINGEMENT AND WARRANTIES THAT THE ORIGINAL WORK IS MERCHANTABLE
OR FIT FOR A PARTICULAR PURPOSE. THE SOFTWARE IS PROVIDED WITH ALL
FAULTS. THE ENTIRE RISK AS TO THE QUALITY OF THE ORIGINAL WORK IS WITH
YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL
NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY
CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO LICENSE TO ORIGINAL
WORK IS GRANTED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

17.  LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO
LEGAL THEORY, WHETHER TORT (INCLUDING THE AUTHOR'S NEGLIGENCE),
CONTRACT, OR OTHERWISE, SHALL THE AUTHOR BE LIABLE TO ANY PERSON FOR
ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF
ANY CHARACTER ARISING AS A RESULT OF THIS LICENSE OR THE USE OF THE
SOFTWARE INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL,
WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PERSON SHALL HAVE BEEN
INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
PROHIBITS SUCH LIMITATION, BUT SHALL EXCLUDE SUCH LIABILITY TO THE
EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS
EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.

18.  ENCRYPTION KEYS AND PUBLIC KEY INFRASTRUCTURE. SOFTWARE RELEASED
UNDER THIS LICENSE AGREEMENT MAY REQUIRE A DIGITAL CERTIFICATE, OR AN
ENCRYPTION KEY "SIGNED" BY A TRUSTED PARTY, TO FUNCTION. AUTHOR
UNDERTAKES NO RESPONSIBILITY FOR THE PROPER, SECURE, AND ADEQUATE
FUNCTIONING OF ANY CRYPTOGRAPHIC SYSTEMS, OF ANY CRYPTOGRAPHIC KEYS,
OR FOR THE TRUSTWORTHINESS OF ANY END-USER, ANY ISSUER OF
CERTIFICATES, OR OF ANY SIGNER OF ENCRYPTION KEYS. USE OF THIS
SOFTWARE IS AT THE END-USER'S SOLE AND EXCLUSIVE RISK. IN ANY
PUBLIC-KEY INFRASTRUCTURE ("PKI") SYSTEM, AN END-USER'S LEGAL
RELATIONSHIP WITH THE END-USER'S CERTIFICATION AUTHORITY DOES NOT
INCLUDE OR ENCOMPASS ANY LEGAL RELATIONSHIP WITH THE AUTHOR, AND IS
GOVERNED SOLELY AND EXCLUSIVELY BY THE CERTIFICATION AUTHORITY'S
CERTIFICATION PRACTICE STATEMENT AND CERTIFICATION AGREEMENTS. AUTHOR
ASSUMES NO RESPONSIBILITY FOR THE ACTIONS OR OMISSIONS OF ANY END-USER
OR ANY CERTIFICATION AUTHORITY.

18.  Saving Clause. If any portion of this License Agreement is held
invalid or unenforceable under any particular circumstance, the
balance of the License Agreement is intended to apply and the License
Agreement as a whole is intended to apply in other circumstances.

END OF TERMS AND CONDITIONS