[License-review] Request for Approval of 'new' Open Constitution License X

[Legal Desk]

 Dear all,

It is our humble request for the approval and procedural review of the
‘new’ Open Constitution License x.

Section A: Submission Checklist

   -

   Submit a copy of the license as an attachment in simple text format. (Y)
   -

   *It is our understanding that the Open Constitution License x complies
   with the Open Source Definition, including specifically affirming it meets
   OSD 3, 5, 6 and 9.*

*OSD Definition compliance*

OSD 3. Derived Works

*(Y) See Article 1 and Definitions of Derivative Work, Localization, Source
Object, Article 6.*

OSD 5. No Discrimination Against Persons or Groups

*(Y) except Article 5 which sets up relinquishment of rights or observing
exclusion rights attached to any property, against events as a consequence
of violent persons or groups, or prevention of cyber security harm, and
observance of beneficiary data, which is localised in the attributed AI
system. *

OSD 6. No Discrimination Against Fields of Endeavor

*(Y) License terms can be practised in a multi-disciplinary environment, by
any party, in any jurisdiction, or in any field of endeavour.*

OSD 9. License must not restrict other software License terms do not hinder
distribution or attribution of third-party I.P. where a third-party
software is part of the redistribution, exercised by the Licensee.

   -

   Identify what projects are already using the license.

*The License is put to use on the Open Constitution network and is reusable
by any Licensor or Licensee in the course of the lifecycle of Work.*

   -

   Provide the identity and contact details of the license steward, if
   known, and of the submitter. The OSI will try to get in touch with the
   license steward if the license submitter is not the steward.

*Open Constitution S/I (Øvrige virksomhedsformer), Not for Profit
Association that runs and maintains the Open Constitution Network. CVR:
43714775*

*legal at muellners.org* <legal at muellners.org>

   -

   Provide any additional information that the submitter believes would be
   helpful for license review. For example, approval of the license by Debian,
   the FSF or the Fedora Project would be relevant to the review process.

*Prior submission to this License Review Process was withdrawn for
procedural faults in the submission, and this submission is based on
updated (on August 22, 2023) guidelines of the Open Source Initiative
published here <https://opensource.org/licenses/review-process/>*

*The list where the discussion took on the prior submission is here
<http://lists.opensource.org/pipermail/license-review_lists.opensource.org/2023-August/005392.html>.
We are thankful to the esteemed reviewers who pointed to the procedural
faults in our earlier submission.*

   -

   Provide a unique name for the license, preferably including the version
   number.

*Open Constitution license x*

   -

   If any exist, provide the unique identifier by other projects, like SPDX
   or ScanCode.(n/a)
   -

   Identify any proposed tags for the license (when available; see below
   regarding tagging).

N/a, not sure, Please tag as applicable based on the review process.

   -

   Describe what gap not filled by currently existing licenses that the new
   license will fill.

*In addition to giving permission to redistribute, The Open Constitution
License specifically addresses AI technology and data models. It introduces
electronic persons as Licensors and contributors (read benefactors) to
accommodate provisions for machine entities contributing to the lifecycle
of open-source AI systems.*

*The License introduces authenticated authorisation to the localisation of
data models. *

*The License establishes generic Negation clauses attached to
redistribution that limit adverse material effects specifically physical
harm to humans, security provision and data integrity of the AI systems. *

*Negation clauses result in the relinquishment of rights from the Licensee.*

*The License introduces a requirement of maintaining public accessibility
to the Source Object, by any party which redistributes Work.*

*The License introduces the ability of creators to tokenise the
contributions in such a way that any variation of Work can be optimally
tokenised to the planet’s population, i.e. accessibility through
tokenization is to all.*



The License is intended for international use.

   -

   Compare it to and contrast it with the most similar OSI-approved
   license(s).

*The Open Constitution License x(OCLx) is a novel open-source license that
grants intellectual property rights attached to a data model of an
Artificial Intelligence system or network. It sets out rules for data
integrity, authorization, and redistribution of models through a publicly
accessible network. The license considers factors such as open data
principles, copyrightability of AI/ML systems, data privacy, fair*

*competition, and responsibility in AI/ML-driven decisions. *

*Responsibility is grounded in Article 5 to ensure license rights are
revocable in the event of adverse material effects. *

*OCL *differs from other open-source licenses* in its focus on AI and its
specific provisions for data protection, international law, and the role of
the public network.*

*It introduces General Public Tokenization and Electronic Persons
contributors in the context of open source I.P.R.*

*OCL establishes a chain of authorship *similar to* EUPL-1.2 or a
restriction on the Licensee for data integrity performance when
redistributing to a beneficiary,* similar to *CAL1.0.*

   -

   Describe any legal review the license has been through, including
   whether it was drafted by a lawyer.

T*he Open Constitution License Initiative has been created through an
incremental review as a consequence of the practical **implementation of
network policies*
<https://docs.muellners.info/open-source-policies/open-source-usage-and-delivery-policies>*
e.g. Open source policies, IP lifecycle Policies, and Acceptable Usage
Policies, on the contributions delivery subnet of the Open Constitution
Network(an AI system).*

*(See the Network diagram here
<https://docs.muellners.info/oc-network/network-diagram>.) *

*The first draft of the License was written based on the AI network’s use
pattern. Therefore, to extend the License terms or capabilities for use by
any general party, attributing their data model for reducing to practice in
open source, this Open Constitution License X is submitted for review here.*

*The License drafting process has drawn inferences from studying the legal
drafts of the Licenses listed here
<https://license.openconstitution.us/research-resources/relevant-resources>
and studying the practical implications of the third-party attributions
listed on the Open Constitution Network’s Open Source Policy here
<https://docs.muellners.info/open-source-policies/open-source-usage-and-delivery-policies#a.-list-of-open-source-projects>.
A few relevant resources are also listed here
<https://license.openconstitution.us/research-resources>.*

Section B: License Draft/Wording/Language Checklist

   1.

   The license must be reusable, meaning that it can be used by any
   licensor without changing the terms or having the terms achieve a different
   result for a different licensor.

*(Y) Please read Section Definitions: Licensee, Licensor *

*Any redistribution attached to the localisation of the data model of the
AI systems will originate from the assignment of license rights from
Licensor 1 >Licensee 1 and then Licensee 1 = Licensor 2 > Licensee 2,
Hence, *

* Licensee N= Licensor N+1 assigning rights to Licensee N+1*

   1.

   The license does not have terms that structurally put the licensor in a
   more favoured position than any licensee.

*(Y) Please read Article 10 where the jurisdiction is contextually in
favour of the Licensor.*

   1.

   To the extent that any terms are ambiguous, the ambiguity must not have
   a material effect on the application of the license.

*(Y) It is our understanding that Section: Definitions have been drafted to
reduce contextual ambiguity. We have tried our best to simplify the
introduced terminology, and future versions may align well with the
evolving linguistic conventions.*

*Since the regulatory environment in the AI realms is evolving, the License
draft is open to any interpretation and may be debatable for a common
consensus, if there is a larger ambiguity. *

   1.

   The license must be grammatically and syntactically clear to a speaker
   of the language of the license.

*(Y) Grammar checks have been observed using Grammarly, but AI suggestions
for language have not been used, since the statements are highly contextual
to the field of study and Grammer AI tools start hallucinating.*

   1.

   Every possible variation of the application of the license must meet the
   OSD.

*(Y) including any linguistic translation (please see Article 6) *

   1.

   It must be possible to comply with the license on submission. As an
   example, given the scope of copyleft in the Server Side Public License
   (SSPL), it is not a license that anyone currently would be able to comply
   with.

*(Y) and studied the related List Conversation*

   1.

   The license must fill a gap that currently existing licenses do not
   fill.

*addresses AI systems*

   1.

   The text must be the complete license; overlays like Commons Clause and
   exceptions like ClassPath will not be approved in isolation from the
   license they modify.

*License does not have any linkage to any additional document, and is an
independent execution of rights between two parties, without prejudice to
any additional agreement b/w these parties. *

*Section C: Additional Guidelines listed by OSI *

   1.

   An express statement that no patent license is granted. The failure to
   grant a patent license means the license fails to meet OSD 6, 7 and 8. A
   license that makes no statement at all about patents may be acceptable,
   depending on whether the way the license grant is expressed can be read as
   an implied grant, e.g., the 3-Clause BSD License that permits the “use” of
   the software.

*Please See Article 1 for the grant of patent rights to make use of the
permission of redistribution.*

   1.

   Badgeware. A “badgeware” license is one that requires that a trademark
   be displayed. This does not comply with OSD 3, “Derived Works,” because it
   prohibits creating a derived work that removes the code relating to the
   trademark. Although open-source licenses can prohibit the removal of author
   attribution and legal notices, a trademark is neither. It also fails OSD
   10, because it presumes a specific style of interface.

*OCL x does not require any tm attribution, please see Article 9.*

   1.

   Non-commercial and ethical clauses. These are commonly seen attempts to
   restrict licenses in violation of OSD 6, “No Discrimination Against Field
   of Endeavor.” These types of clauses limit where why and how the software
   can be used.

*Please review or debate Article 5.*

*The intent of adding the clause is to honour exclusion rights attached to
a natural person’s private property, and therefore negation clauses have
been added to establish these generic base conditions - no physical harm,
data integrity, and security attacks. *

*We believe that this does not discriminate against fields of endeavour, as
the Article points to relinquishment as a consequence of a Licensee’s
intended use or purpose or both. *

*In other words, this may mean that the Licensee may have already exercised
redistribution rights attached to software freedom granted in this license
and as a consequence of that act, and it is established that such act has
resulted in an adverse material effect, the Licensee’s rights stand
revocable. *

*This means there is an intent to include ethical grounds linked to AI
systems, but respecting the voluntary action of a natural person, a
provision or space has been made for Self-realization by the entity
practising the License grant, in such a way that the clause stands to (1)
benefit contributors, and (2)enforces Work integrity, specifically in a
post-incidence scenario.*

   1.

   Conditional licensing.  Licenses with variable outcomes like BUSL that
   delay the availability of full software freedom won’t be approved because
   we cannot be sure that they meet the OSD for all use cases at all times.
   Licenses like the Sun Industry Standards Source License (SISSL) that apply
   different OSI-approved licenses depending on conditions have been
   approved in the past.

* (Y) No delayed availability of full software freedom, but please note the
revocability of granted rights, in the post-incidence scenario of Article
5.*

   1.

   Phone-home provisions: licenses that require that software interact with
   a specific organisation, website, or non-user-controlled API both restrict
   where the software can be used and prevent it from being used at all should
   the contact entity cease operation.  This fails OSD 5 and sometimes 8 and
   10 as well.

*(Y) The License has no connection to the License Steward; Open
Constitution network, and its fiscal hosts or affiliate legal bodies or any
network Resource, infrastructure or cloud-based license manager service
etc. other than that the License Steward publishes the License for General
Public Use, or maintaining linguistic copies, or versions thereof, or
support advocacy and adoption of the License versions.*

*Section D: ADDITIONAL NOTES ABOUT SUBMISSION: *

*1. Attached OCL x .txt file*

*2. A Public Review copy is available here
<https://license.openconstitution.us/versions/public-review-copy-ocl-x>
where explanatory comments have been published. You can also use a static
draft reference of the OCL x
<https://license.openconstitution.us/versions/open-constitution-license-x> for
your perusal and as a ready reference.*

*3. Please let us know or contact us beforehand about any errors or
omissions in this submission procedure before initiating a thorough license
review process.*


Thanks
Legal Desk
Muellners Foundation

Impressum- Muellners® "frivillig forening"; Voluntary Association,
Copenhagen, Denmark CVR:41008407

This mail is governed by Muellners®  IT policy.
The information contained in this e-mail and any accompanying documents may
contain information that is confidential or otherwise protected from
disclosure. If you are not the intended recipient of this message, or if
this message has been addressed to you in error, please immediately alert
the sender by reply e-mail and then delete this message, including any
attachments. Any dissemination, distribution or other use of the contents
of this message by anyone other than the intended recipient is strictly
prohibited. All messages sent to and from this e-mail address may be
monitored as permitted by applicable law and regulations to ensure
compliance with our internal policies and to protect our business. E-mails
are not secure and cannot be guaranteed to be error free as they can be
intercepted, amended, lost or destroyed, or contain viruses. You are deemed
to have accepted these risks if you communicate with us by e-mail.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.opensource.org/pipermail/license-review_lists.opensource.org/attachments/20230825/0e584727/attachment-0001.html>
-------------- next part --------------
DEFINITIONS:
In this License, the following terms have the following meanings: 
''License'': This Open Constitution License (abbreviated as OCL v; where v is a prefix for the version specification)
"Licensor": may mean any natural person or legal or electronic person, who attributes this license to the Work.
The Licensor may be an individual human entity or a legal entity or a legal entity (on behalf of an electronic person) or an electronic person, exercising rights under, and complying with all of the terms of, this License. 
For legal entities, Licensor includes any entity that controls, is controlled by, or is under common control with such legal entity. 
"Licensee": may mean any natural or legal or electronic person, who receives this license along with the Work, from the ‘’Licensor’’.
The Licensee may be an individual human entity or a legal entity or a legal entity (on behalf of an electronic person) or an electronic person, exercising rights under, and complying with all of the terms of, this License.
For legal entities, Licensee includes any entity that controls, is controlled by, or is under common control with such legal entity. 
For purposes of clarity in the definitions above, for legal entities as a Licensor or Licensee, control means 
(a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or 
(b) ownership of more than fifty per cent (50%) of the outstanding shares or beneficial ownership of such entity.
''Electronic Person'' may mean an artificial intelligence entity or machine entity (or system) that is designed to operate with complete autonomy and that, based on machine and/or human-provided data and inputs, infers how to achieve a given set of objectives using machine learning and/or logic- and knowledge-based approaches, and produces system-generated outputs.
In the jurisdiction, where the Electronic Person does not have an independent legal person status, and the Electronic Person is controlled by or is under common control with a Legal Entity, such Legal entity may become a party to the License, on behalf of the Electronic Person, whether as a Licensor or Licensee or benefactor, as per the applicable law.
For purposes of this definition, control means 
(a) the power, direct or indirect, to cause the direction or management of such electronic person, whether by contract or otherwise, or 
''Original Work'': means the work or software or software documentation or software libraries or media or data model, distributed or communicated by the Licensor, under the terms and conditions of this License.
"Derivative Work": means the works or software or software documentation or software libraries or media or data model that could be created by the Licensee, based upon the Original Work or modifications thereof, under the terms and conditions of this License.
This License does not define the extent of modification or dependence on the Original Work required to classify a work as a Derivative Work; such extent is determined by the copyright law applicable in the jurisdiction, as defined further in Articles 10 and 11.
"Work": means the Original Work or its Derivative Works.
"Source Object": means an intangible, tamperproof, localisation of the Original Work, in electronic media format. e.g. source code of a program, or project original media object, software documentation, software libraries, media, blueprint documentation, executable code, build files, localization of data model etc. 
Intellectual property Estate (I.P.E)’’: means an intangible, tamperproof, localization of Works, to which an authenticated authorization can be provided, which may or may not be publicly accessible, under the terms of this License.
E.g. an Intellectual property estate can be a repository of source code, containing a provision for making available the Source Object publicly or the ability to localize the data model inherent to the Source Object, whereby the authorisation to the Estate itself is authenticated to observe private property rights. 
‘’Localization’’: means any act of reorganization of the data model for redistribution by
DISCOVERING, DESIGNING, AUTHORING, ETC., 
TRANSMISSION (NETWORKING, DISTRIBUTING, ACCESSING, RETRIEVING, TRANSMITTING, ETC.),
PROCESSING AND MANAGEMENT (COLLECTING, VALIDATING, MODIFYING, ORGANIZING, INDEXING, CLASSIFYING, FILTERING, UPDATING, SORTING, STORING, [NORMALIZING] ETC.),
USAGE (MONITORING, MODELING, ANALYZING, EXPLAINING, PLANNING, FORECASTING, DECISION-MAKING, INSTRUCTING, EDUCATING, LEARNING) 
of the data model, inherent to the Source Object.
"Author": means any legal person(s) or electronic person(s), who makes a voluntary contribution to the data model or to the Source Object or Original Work. For the purpose of this definition, the author may or may not be a holder of copyright or patent, in connection with the Original Work.
"Contributor": means any legal person(s), who makes voluntary contributions to the lifecycle of the Source Object or to the Works, through authorization to the Intellectual Property Estate. 
‘’Benefactor’’: means any electronic person(s), who is a contributor to the lifecycle of the Source Object or to the Works, through authorization to the Intellectual Property Estate.
‘’Beneficiary’’: means any natural or legal person(s), who receives authorization to the I.P. Estate and is the beneficiary of the ‘’Work’’, under the terms of this License, whether from the Licensee or the Licensor as the case may be.
"Third Party Beneficiary": means any natural or legal person(s), who receives authorisation to the I.P. Estate and is the beneficiary of the ‘’Derivative Work’’, as a result of redistribution by the Licensee, under the terms of this license, in addition to any additional agreements between the Licensee and third party, and without prejudice to such additional agreements.
‘’Data Model’’ means an abstract information model that organizes elements of data and standardizes how they relate to one another and to the properties of real-world entities, and that is inherent to the Source Object.
"Beneficiary Data’’: means all data owned and associated with any beneficiary, including but not limited to non-public personal information of natural persons, as per applicable law and is in conjunction with a localisation of the data model, inherent to the Source Object. 
‘’Redistribution’’: means any act of selling, giving, lending, renting, distributing, communicating, transmitting, or otherwise making available, online or offline, copies of the Work or providing access to its essential functionalities or its inherent data model at the disposal of any other natural or legal or electronic person.
''Tokenization'': means any act of concealing, hiding, encrypting, replacing, or securing sensitive non-public information with a surrogate data value known as a token, which may or may not have an intrinsic value, on one or more networks.
''Network'' means two or more interconnected electronic persons or machine entities.
‘’WIPO’’ means World Intellectual Property Organisation, set up as per WIPO Convention
‘’U.N.O’’ means United Nations Organization

ARTICLES:

Licensor hereby gives the Licensee NON-EXCLUSIVE RIGHTS to use, modify, and redistribute the Work, subject to the Articles as set forth below;

Article 1: Permission to redistribute
The Licensor permits the Licensee to redistribute Work, as long as an authenticated authorization to the Source Object is provided to any beneficiary, in accordance with Article 2 below, and that any derivative work is attributed with this license; unless except as explicitly described in the Article 5 below.
For the scope of this Article 1, the Licensor grants to the Licensee non-exclusive, royalty-free, usage rights to any patents held by the Licensor, to the extent necessary to make use of the rights granted on the Work under this License.

Article 2: General Public Accessibility

2.1 Publicly accessible Source Object: 
The Licensee must provide a machine-readable copy of the Source Object, when redistributing or communicating the Work, by making available an authenticated authorization to the Source Object, and any contribution to the Source Object, including but not limited to any localisations by a contributor or benefactor, for which Authors and each contributor to the Work, have made warrants in accordance with the Article 2.2 below, for as long as the Licensee continues to distribute or communicate the Work.

2.2 Chain of Authorship to Source Object:
The Authors warrant that the copyright in the Original Work granted hereunder is owned by them or licensed to them and that the Authors have the power and authority to grant the Licence. 
Each Contributor warrants that the copyright in the modifications, the Contributor brings to the Work, is owned by the Contributor or licensed to the Contributor and that the Contributor has the power and authority to grant the Licence. 
When the Licensee accepts the Licence, the Authors and each Contributor grants the Licensee a licence for their contributions to the Work, under the terms of this Licence.

Article 3: General Public Tokenization
Authentication and Authorization for Accessibility to the Source Object

THE AUTHORIZATION TO THE SOURCE OBJECT IS PROVIDED THROUGH ELECTRONIC TOKENIZATION OF THE INTELLECTUAL PROPERTY OR INTELLECTUAL PROPERTY ESTATE, WHEREBY THE COUNT OR SUPPLY OF THE GENERAL PUBLIC TOKENIZATION IS RESTRICTED BY THE PLANET EARTH’S POPULATION AT ANY GIVEN TIME.

The general public tokenization may be authorized to any authenticated beneficiary, or the Licensee, on behalf of any number of authenticated beneficiaries, for which the authors and contributors have made warrants, and subsequently granted the Licensee the license for their contributions to the Work, as specified in Article 2.2.

Article 4: Data Integrity
4.1 The Licensee must also extend to any beneficiary to whom the Licensee provides redistribution services via the Work, an authenticated authorisation to the data model, inherent to the Source Object, through the General Public Tokenisation of the Intellectual Property Estate, according to which the Licensee exercises any of the permissions, granted to the Licensee, under this License. 
The Licensee must also provide to any Beneficiary to whom the Licensee provides redistribution services via the Work, a no-charge copy, provided in a commonly used electronic form, of the Recipient’s Beneficiary Data in their localisation of Work, to the extent that such Beneficiary Data is available to Licensee for use in conjunction with the Work.
4.2 The Licensee may not, using the use of encryption methods applied to anything provided to the Beneficiary, by possession or control of cryptographic keys, seeds, hashes, by any other technological protection measures, or by any other method, limit a Beneficiary’s ability to access any functionality present in Beneficiary’s independent localization of the Work or to deny a Beneficiary complete control of the Beneficiary’s Data.
4.3 The Licensee may localize data models, software and algorithms, including machine-learning model code, trained model weights, inference-enabling code, training-enabling code, fine-tuning enabling code and other elements of the globalized data model, inherent to the Source Object.

Article 5: Relinquishment of Grant due to adverse material effect
Any permissions granted to any Licensee are relinquished by the Licensor and the Licensee further waives all its rights, granted or exercised in connection with the Work, its redistribution thereof, under the terms and conditions of this License, if any redistribution has an intended use or purpose or both, which has a material effect of 
1. directly inflicting bodily injury or casualty to natural persons, including but not limited to any form of armed aggression over institutions of public welfare, in any jurisdiction, such as by parties, in an act of armed conflict, or with malice intent to cause human casualty against a person or group of persons including but not limited to stateless natural persons, or in an act of war or war crimes and such, against a sovereign state member of U.N.O or against disputed territories on the planet Earth, as further defined in the Articles 10 & 11 below. 
2. directly or indirectly supporting unlawful active attack or malware campaigns that are causing technical harms to the Internet Services in any jurisdiction(as further defined in Articles 10 & 11)— such as using or redistributing Work to deliver malicious executables or as attack infrastructure, for example by organizing denial of service attacks or managing command and control servers — with no implicit or explicit dual-use purpose prior to the abuse occurring; or uses or redistributes Work to disrupt or to attempt to disrupt, or to gain or to attempt to gain unauthorized access to, any service, device, data, account or network, where the Source Object is made publicly available, as per Article 2 and 3 above.
3. directly breaching the data privacy of the beneficiary, including but not limited to withholding beneficiary data etc. as further defined in Article 4 above.
and that the Licensor has been made aware of the material effect of the redistribution by the Licensee, whether as a consequence of any litigation in a jurisdiction(as defined further in Article 10) as a result of an interpretation of this license, including but not limited to any litigation between the Licensor and Licensee or between other parties, or suo moto cognizance.          

Article 6: Electronic License  
The provisions of this license can be accepted by the Licensee, or by any beneficiary of the Work, by providing informed consent in electronic mode, to an accessibility token to the Source Object, when receiving the Work, as per Article 3 above.
Similarly, the Licensee irrevocably accepts this License and all of its terms and conditions by exercising any rights granted to the Licensee, under the Articles of this License, such as the use of the Work, the creation of a Derivative Work or the Redistribution or Communication by Licensee of the Work or copies thereof, by the rules of applicable law. (as further defined in Articles 10 and 11).
The content of the License has been originally written in the English language. Parties can take advantage of any linguistic translation of this License, but the English version shall be used as the binding reference for any litigation between any parties, resulting from an interpretation of this License.

Article 7: Non-Representation and Disclaimer of Warranties:
THE WORK AND SOURCE OBJECT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE. 
THE AUTHORS OR CONTRIBUTORS (INCLUDING BENEFACTORS) MAKE NO REPRESENTATION THAT THE WORK, MODIFICATIONS, ENHANCEMENTS OR DERIVATIVE WORKS THEREOF, WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADE SECRET OR OTHER PROPRIETARY RIGHT.
THE LICENSEE IS SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USING OR REDISTRIBUTING THE WORK AND ASSUMES ANY RISKS ASSOCIATED WITH THE LICENSEE’S USE OF THE WORK AND ANY OUTPUT AND RESULTS THEREOF.

Article 8: Limitation of Liability
IN NO EVENT WHATSOEVER, SHALL THE AUTHORS OR CONTRIBUTORS (INCLUDING BENEFACTORS) BE LIABLE TO THE LICENSEE OR OTHER PERSONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, OR BUSINESS INTERRUPTION, OR ANY OTHER CLAIMS OR LIABILITY, CAUSED WHETHER IN AN ACTION OR ANY THEORY OF CONTRACT OR ON WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, ARISING IN ANY WAY OUT OF OR IN CONNECTION WITH THE WORK OR THE USE OF WORK OR REDISTRIBUTION OR OTHER DEALINGS IN THE WORK, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Article 9: Legal Protection
This License does not grant the Licensee any permission to use the Licensor’s trade names, trademarks, service marks, or names, except as required for reasonable and customary use in describing the Work's origin and reproducing the copyright notice's content.

Article 10: Jurisdiction
Without prejudice to specific agreement between parties; 
10.1 Any litigation arising between the Licensor, and any Licensee, or between the other parties including but not limited to between any third-party beneficiaries, and resulting from the interpretation of this License, will be subject to the exclusive jurisdiction of the competent court where the Licensor resides or conducts its primary business.

Article 11: Applicable Law
Without prejudice to specific agreement between parties; 
11.1 This License shall be governed by the law of the Member State of the WIPO, where the Licensor has a permanent establishment, resides or has its registered office, except as explicitly defined in article 11.2 below. 
11.2 This License shall be governed by the law of the Member State of the European Union where the Licensor has a permanent establishment or resides or has its registered office. 
11.3 In the jurisdiction, where moral rights apply, the Licensor waives its right to exercise its moral right to the extent allowed by law to make effective the License of the economic rights listed above.