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v3 license: correct numbering of top-level items
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olets committed Oct 10, 2021
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10 changes: 0 additions & 10 deletions content/version/3/0/license.md
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Expand Up @@ -25,14 +25,12 @@ _This section defines certain terms used throughout this license agreement._
- 1.7. "Duty of Care" is defined by its use in tort law, delict law, and/or similar bodies of law closely related to tort and/or delict law, including without limitation, a requirement to act with the watchfulness, attention, caution, and prudence that a reasonable person in the same or similar circumstances would use towards any Third-Party Beneficiary.

- 1.8. "Worker" is defined to include any and all permanent, temporary, and agency workers, as well as piece-rate, salaried, hourly paid, legal young (minors), part-time, night, and migrant workers.

- 2. **INTELLECTUAL PROPERTY GRANTS:**
_This section identifies intellectual property rights granted to a Licensee_.

- 2.1. Grant of Copyright License: Subject to the terms and conditions of this License, Licensor hereby grants to Licensee a worldwide, non-exclusive, no-charge, royalty-free copyright license to use, copy, modify, prepare derivative work, reproduce, or distribute the Software, Licensor authored modified software, or other work derived from the Software.

- 2.2. Grant of Patent License: Subject to the terms and conditions of this License, Licensor hereby grants Licensee a worldwide, non-exclusive, no-charge, royalty-free patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer Software.

- 3. **ETHICAL STANDARDS:**
_This section lists conditions the Licensee must comply with in order to have rights under this License._

Expand Down Expand Up @@ -78,15 +76,12 @@ _This section lists conditions the Licensee must comply with in order to have ri
(_See_ 29 U.S.C.A. § 206(d)(1); Article 23, _United Nations Universal Declaration of Human Rights_; Article 7, _International Covenant on Economic, Social and Cultural Rights_; Article 26, _International Covenant on Civil and Political Rights_); and

- 3.2.2 Allow for reasonable limitation of working hours and periodic holidays with pay (_See_ Article 24, _United Nations Universal Declaration of Human Rights_; Article 7, _International Covenant on Economic, Social and Cultural Rights_).


- 4. **THIRD-PARTY BENEFICIARIES:**
_This section identifies additional individuals or entities that a Licensee could harm as a result of violating the Ethical Standards section, the condition that the Licensee must voluntarily accept a Duty of Care for those individuals or entities, and the right to a private right of action that those individuals or entities possess as a result of violations of the Ethical Standards section._

- 4.1. In addition to the above Ethical Standards, Licensee voluntarily accepts a Duty of Care for Third-Party Beneficiaries. The Duty of Care is breached when a provision within the Ethical Standards section is violated by a Licensee, or one of its successors or assigns.

- 4.2. Breaches of the Duty of Care, as stated within this section, shall create a private right of action, allowing any Third-Party Beneficiary harmed by the Licensee to take legal action against the Licensee in accordance with applicable negligence laws, whether they be in tort law, delict law, and/or similar bodies of law closely related to tort and/or delict law, regardless if Licensee is directly responsible for the harms suffered by a Third-Party Beneficiary. Nothing in this section shall be interpreted to include acts committed by individuals outside of the scope of his/her/their employment.

- 5. **NOTICE:**
_This section explains when a Licensee must notify others of the License. _

Expand All @@ -95,15 +90,11 @@ _This section explains when a Licensee must notify others of the License. _
- 5.2. Modified Software: Licensee is free to create modifications of the Software and distribute only the modified portion created by Licensee, however, any derivative work stemming from the Software or its code must be distributed pursuant to this License, including this Notice provision.

- 5.3. Recipients as Licensees: Any individual or entity that uses, copies, modifies, reproduces, distributes, or prepares derivative work based upon the Software, all or part of the Software’s code, or a derivative work developed by using the Software, including a portion of its code, is a Licensee as defined above and is subject to the terms and conditions of this License.


- 6. **REPRESENTATIONS AND WARRANTIES:**

- 6.1. Disclaimer of Warranty: To the full extent allowed by law, this Software comes "as is," without any warranty, express or implied, and Licensor shall not be liable to any person or entity for any damages or other liability arising from, out of, or in connection with the Software or this License, under any legal claim.

- 6.2. Limitation of Liability: Licensee shall hold Licensor harmless against any and all claims, debts, dues, liabilities, liens, causes of action, demands, obligations, disputes, damages, losses, expenses, attorneys’ fees, costs, liabilities, and all other claims of every kind and nature whatsoever, whether known or unknown, anticipated or unanticipated, foreseen or unforeseen, accrued or unaccrued, disclosed or undisclosed, arising out of or relating to Licensee’s use of the Software. Nothing in this section should be interpreted to require licensee to indemnify licensor, nor require licensor to indemnify licensee.


- 7. **TERMINATION**

- 7.1. Violations of Ethical Standards or Breaching Duty of Care: If Licensee violates the Ethical Standards section or Licensee, or any other person or entity within the Supply Chain prior to a good or service reaching the Licensee, breaches its Duty of Care to Third-Party Beneficiaries, Licensee must remedy the violation or harm caused by Licensee within 30 days of being notified of the violation or harm. If Licensee fails to remedy the violation or harm within 30 days, all rights in the Software granted to Licensee by License will be null and void as between Licensor and Licensee.
Expand All @@ -115,7 +106,6 @@ _This section explains when a Licensee must notify others of the License. _
- 7.4. Patent Litigation: If Licensee institutes patent litigation against any entity (including a cross-claim or counterclaim in a suit) alleging that the Software, all or part of the Software’s code, or a derivative work developed using the Software, including a portion of its code, constitutes direct or contributory patent infringement, then any patent license, along with all other rights, granted to Licensee under this License will terminate as of the date such litigation is filed.

- 7.5. Additional Remedies: Termination of the License by failing to remedy harms in no way prevents Licensor or Third-Party Beneficiary from seeking appropriate remedies of law or equity.

- 8. **MISCELLANEOUS:**

- 8.1. Conditions: Sections 3, 4.1, 5.1, 5.2, 7.1, 7.2, 7.3, and 7.4 are conditions of the rights granted to Licensee in the License.
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