[License-review] Submission of license "MAPOD4D" for approval

Fri Jan 13 09:47:31 UTC 2023

Dear Sirs,
I am writing to submit our license MAPOD4D for approval.
I am sending as attachments the license and the supporting data.

I look forward to your communications,
best regards.

Dr.ssa Serenella Saccon

-- 
Leicon di Serenella Saccon - progettosl
http://www.progettosl.eu
Via delle Cascine 38
21041 Albizzate (Va)
Tel. +39 0331993610
Mob. +39 3406825226
Contact name: Serenella
Contact surname: Saccon
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License MAPOD4D

1. Premises
This license defines the rights granted by the author or by the licensee in reference to the work of authorship (hereinafter also referred to as "the application") to which it is associated, 
in all its versions and including every element that constitutes it and which is necessary to its functionality. The Digests listed in the attached "note on the authorship of the work and 
copyright" identify the compressed file in zip format containing the work.
By using the work, the Licensee agrees to observe and apply any conditions defined within this license, including points 9, 10, 15, 16, 17, 18, 19, 20. 
Violation of this license automatically invalidates all rights granted to Licensee.

2. Definitions

Copyright : the legal institution which aims to protect the results of intellectual activity of creative nature (new and original works), by recognizing moral and patrimonial rights to the 
original author of the work.  Copyright applies to visual arts, architecture, theater, cinematography, computer programs and databases.

Work : the work of authorship covered by this license and also called "the application".

The application : the work of authorship  subject to copyright, whose authorship and copyright are held by the author, released under the terms and conditions of this License.

Communication : the spread, by a mean of diffusion, that allows the work to be sent to the public or made available to the public so that everyone can independently have access to it, even 
if the recipient is a single subject.

Distribution : the act of placing on the market, or in circulation, or of making available to the public, by any means or support and for any reason, the work or copies of it, even if the 
recipient is a single subject.

Source Code : the form of the work preferred for making modifications. 

Object code :  any non-source form of a work. 

Author of the original work : the creator of the original work of authorship, first copyright owner, who has the non-transferable paternity right of the original work and who can dispose of 
the pertinent economic exploitation rights and related rights. 

Author of modifications to the original work : the creator of modifications to the original Work of authorship, who has the non-transferable paternity right of the modification created. Being 
the creation a modification of an existing work, the author of the  modification will not hold economic exploitation rights and related rights on the resulting work, based on or derivation of 
the original work. 

Licensor : the copyright owner, or the entity authorized by the copyright owner, that is granting the License. 

Licensee : an individual or Legal Entity exercising permissions granted by this License. If you receive the work covered by this license, you are the licensee.

Modification : the modification of the work which results in a work derived from the original or based on the original.

Derivative Works : any work, whether in Source or Object form, that is based on or derived from the Original Work. 

Technological protection measures : all technologies, devices or components, intended to prevent or limit the exercise of the rights included in this license.

Reproduction: the creation of copies (direct or indirect, temporary or permanent, partial or total) of the Work, in any way or form.

3. Time limit 
All rights granted by this License are perpetual and irrevocable provided that the conditions are respected. 

4. Rights granted to the licensee in private use
You, as licensee, are  granted a world-wide, royalty-free, non-exclusive license to use the work in private, in source code form or  in any non-source form.

5. Rights granted to the licensee in non-private use
You, as licensee, are  granted a world-wide, royalty-free, non-exclusive license to use the work in public and to let third parties use it (without the creation, communication or distribution of 
copies), provided that you :

    • inform the public or the third parties of the content of the "note on the authorship of the work and copyright" 
    • do not cancel or modify the notes regarding the Disclaimer of Warranty and the Limitation of Liability
    • let the public and the third parties access this license when they use or see you using the application 

6. Distribution of Identical Copies in source code form. 
You, as licensee, may communicate  or distribute identical copies of the original work’s source code as you receive it, in any medium, provided that you :

    • do not charge any price or cost for each copy that you convey, you are not allowed to ask for any kind of payment 
    • make sure that every copy is accompanied by the "note on the authorship of the work and copyright"  
    • keep intact all notices concerning the absence of any warranty and the limitation of liability
    • give all recipients a copy of this License 
    • release the entire work, as a whole, under this License to anyone who comes into possession of a copy of it, in any form. This License will therefore apply to the work as a whole, to all of 
its parts, regardless of how they are packaged. This License denies permission to license the work in any other way. The recipient of the work, assuming the role of Licensee, will be subject to 
the terms and conditions of this license.

7. Distribution of Identical Copies in non-source  form. 
You, as licensee, may communicate  or distribute identical copies of the original work in any non-source form as you receive it, in any medium, provided that :

    • you may charge any price or no price for each copy that you convey 
    • there’s no obligation to distribute the source code together with the application in non-source form, even if you received both
    • every copy is accompanied by the "note on the authorship of the work and copyright"  
    • you keep intact all notices concerning the absence of any warranty and the limitation of liability
    • you give all recipients a copy of this License 
    • you distribute the work under this License to anyone who comes into possession of a copy of it, in any form. This License will therefore apply to the work as a whole, to all of its parts, 
regardless of how they are packaged. This License denies permission to license the work in any other way. The recipient of the work, assuming the role of Licensee, will be subject to the terms 
and conditions of this license.

8. Right to modify the original source code
You, as licensee, are authorized to modify the original source code of the work, obtaining a derivative work or a work based on the original.

9. Distribution of the modified source code
You, as licensee, may communicate or distribute modified copies of the source code of the original work in any medium, to the public, to third parties or to a single receiver, provided that you :

    • do not charge any price or cost, you are not allowed to ask for any kind of payment  for the distribution or communication of the modified work in source form
    • give to any receiver written information to clarify that the original work has been modified, specifying the date and the author of the modification
    • make sure that every copy is accompanied by the "note on the authorship of the work and copyright" concerning the original work
    • keep intact all notices concerning the absence of any warranty and the limitation of liability
    • give all recipients a copy of this License 
    • release the modified source code under this license and give it to anyone who asks for it.
    • This license will apply to the modified source code, distributed or given to a single receiver, and to the entire work, as a whole, in any form, including all of its parts, regardless of how 
they are packaged. This License denies permission to license the work in any other way. The recipient of the work, assuming the role of Licensee, will be subject to the terms and conditions of 
this license.

10. Distribution of the modified work in non-source form
You, as licensee, may communicate  or distribute modified copies of the work (obtained modifying the source code of the original work) in any non-source form, in any medium, to the public, to third 
parties or to a single receiver, provided that you :

    • do not charge any price or cost, you are not allowed to ask for any kind of payment for the distribution or communication of the modified work in non -source form
    • give to any receiver the modified source code together with the modified work in non-source form, applying the provisions of point 9
    • do not charge any price or cost for the distribution or communication of the modified source code, you are not allowed to ask for any kind of payment 
    • make the modified work in non-source form and the modified source code avaliable at no cost for everyone who ask for it
    • give to any receiver written information to clarify that the original work has been modified, specifying the date and the author of the modification
    • make sure that every copy is accompanied by the "note on the authorship of the work and copyright" concerning the original work
    • keep intact all notices concerning the absence of any warranty and the limitation of liability
    • give all recipients a copy of this License 
    • release the modified work (in non-source form) under this license.
    • This license will apply to the modified work, distributed or given to a single receiver in non-source form, and to the entire work, as a whole, in any form, including all of its parts, regardless 
of how they are packaged. This License denies permission to license the work in any other way. The recipient of the work, assuming the role of Licensee, will be subject to the terms and conditions of
 this license.

11. Portions of Code or Third Party Libraries
If the work includes libraries or portions of third-party code, these elements will be subject to their own license, which the Licensee undertakes to verify before distributing or communicating such 
elements separately from the work or included in a modified work. The Licensee has the responsibility to be compliant with these licenses.

12. Digital content displayed within the application or through it
The digital contents displayed within the application or that the work shows, or that can be accessed through the work, are provided by the respective copyright holders for the sole purpose of being 
viewed within the work or through it. It is not allowed to extract them and / or make a different use of them.

13. Other rights 
Any right not specifically expressed in this license is not granted to the licensee.

14. Aggregates
The distribution of the work covered by this License together with other separate and independent works, which are not by nature extensions of the covered work, and which are not combined with it to 
form another larger program, within or on the same medium of long-term storage or distribution is simply called "aggregate" if the collection and its license terms are not used to limit the access or 
rights of users of the collection beyond what each individual program permits. The inclusion of the work covered by this License in an aggregate does not imply the application of this License to the 
other parts of the aggregate or the application of licenses other than this one to the work itself.

15. Disclaimer of Warranty
The Work is provided on an "AS IS" basis, without warranties or conditions of any kind, either express or implied, concerning every feature of the work, its functiontalities, or fitness for a particular 
purpose. You, as licensee, assume  the entire risk as to the quality and performance o the work. Should the work prove defective, you as licensee assume the cost of all necessary sevicing, repair or 
correction, modification or adaptation.

16.  Limitation of Liability. 
Unless required by applicable law, the author of the original work, the author of a modification of the work, the subject which distributes the original or the modified work in any form, will never be 
liable to the licensee or hird parties for damages, including any damages arising out of the use or inability to use the work, including but not limited to loss of data, data corruption, economic losses, 
loss of earnings, sustained by the Licensee or by third parties.

17. Technological protection measures
The licensee is not allowed to apply any technological protection measure to the work in any form.

18. Termination
The rights granted under this License will terminate automatically if You, as licensee, fail to comply with any of its terms. In this case the license will be considered terminated 

19. Applicable law and conflicts with local legislation
If it is impossible for You, as licensee, to comply with any of the terms of this License with respect to the Covered work due to statute, judicial order, law or regulation, then You must comply with the 
terms of this License to the maximum extent possible and describe the limitations specifying the local law involved.
If the disclaimer of warranty and limitation of liability provided above cannot be given local legal effect according to their terms, it is mandatory to apply the local law that most closely approximates 
an absolute waiver of all civil liability for the author of the original work, the authors of modifications and the subjects communicating or distributing the work, in connection with the covered work.

20. Litigation
Any litigation relating to this License may be brought only in the courts of a jurisdiction where the defendant maintains its principal place of business or domicile and such litigation shall be governed by 
laws of that jurisdiction, without reference to its conflict-of-law provisions. If the author of the original work is involved, the litigation may brought only in the court of the jurisdiction where he has 
its domicile.

APPENDIX 
Note on the authorship of the work and copyright
The following text constitutes the “note on the authorship of the work and copyright” as mentioned in this license :

****** start of the note on the authorship of the work and copyright ******

****** end of the note on the authorship of the work and copyright ******
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a) Rationale

This license is dedicated to software products suitable for the promotion of cultural heritage, its field of use includes anthropology, archeology, 
history and art. For the development of the project we need the software to be protected by a license that allows the licensee to use the software 
and redistribute it, promoting the circulation of the code but preventing the software product itself from being placed on the market as a commercial 
product. To pursue our goal we need a license that :
    • is not strong copyleft 
      because it must not be viral but be suitable to enter other projects with the same aim
    • places conditions to prevent the software from being put on the market as commercial product 
      because it can slow down and prevent the spread of culture. That’s why this license does not allow the licensee to ask 
      for payment when distributing a modified version, in any form.

b) Distinguish

Comparing the submitted license to some well known ones, we can see that :
a) MIT, BSD and APACHE
have no rules in distributing, let the licensee place the product on the market without restrictions
b) GPL3 
is strong copyleft and viral

Since we are located in the European Union we have also considered the European Union Public License but the “Compatibility clause” 
is not suitable for our purpose.

c) Legal review

The submitted license was created with my contribution, I am the legal advisor of the project and I have been working on licensing and law compliance for many years. 
In the Italian legal system, a software license is an atypical contract, which can have any content as long as it is legitimate (not in conflict with current legislation). 
There is no way to subject the license to a higher or state legal review. 

d) Proliferation category

We submit the license as a "Special purpose license", because it is intended for the specific purpose of cultural promotion which requires the described above characteristics.