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Copyleft-License for Encyclopeadia Aperta

Maintainer: Torsten Wöllert, Version 1, 15.11.2000
Projekt-Typ: halboffen
Status: Archiv

Draft Licence for the Encyclopaedia Aperta

(1)

I. Introductory Remarks

(2) This English version is the result of a translation of a German text that can be found at http://www.opentheory.org/enzyklop_lizenz. The licence itself, however, has been drafted in English and not been translated.

(3) The concept of Open Content (actually Open Information or Open Info would be more appropriate) has been developed based on the Free or Open Source Software model. It is relatively new, so all licences in this area are still more or less in the planning stage.

I.A. Why a New Licence?

(4) All Open Information licences are very much focused on single documents (Open Content License, Open Publication License or the FSF Free Documentation License used by OpenTheory) or are licences which establish a "compilation copyright" (Nupedia Open Content License, see http://www.nupedia.com/license.html).

(5) A licence for compilations, that both prevents a privatisation of the contents and grants certain rights to each participant appearantly doesn't exist yet.

(6) In particular the very important aspect for a compilation of how to treat metadata used to classify the parts and to integrate them into the larger structure is not mentioned anywhere.

(7) An alternative would be to publish individual articles under one licence, e.g. the GNU Free Documentation License, and to protect the encyclopedia as a whole by a special "compilation copyright". The problem, however, is that version 1.1 of the GNU Free Documentation License expressly forbids the use of "compilation copyright" under point 7.

(8) Thus a custom-made licence is submitted here for discussion, simply because other licences do not appear to be usable.

I.B. Weaknesses of Other Licences

(9) The Open Content License (see http://www.opencontent.org/opl.shtml) seems to be a rather direct translation of the GNU General Public License from the field of Free or Open Source Software to the field of Open Content. It only partly takes the characteristics of documents into account. Therefore the Free Software Foundation developed the GNU Free Documentation License (see below).

(10) The Open Publication License (see http://www.opencontent.org/openpub/) tries to make the concept of Open Content more acceptable to publishers. However, in particular by option B of the licence the freedom of information is substantially limited, information is treated as a private property worth protecting.

(11) The GNU Free Documentation License (see http://www.gnu.org/copyleft/fdl.html) was written by the Free Software Foundation to secure Free Documentation for Free Software. Therefore it is particularly geared towards the production of individual text documents such as manuals etc. It guarantees that a document that has been published under this licence is available freely without restrictions and cannot be privatised. Non-printable metadata are not explicitly mentioned, probably they are considered as not being important or as normal parts of the text. In addition to this it is remarkable that the licence does not contain any clauses for the defense of possible warranty claims.

(12) The Nupedia Open Content License (see http://www.nupedia.com/license.html) was created for the project of an Internet encyclopedia and is modeled after the licence used by the Open Directory Project (see http://dmoz.org). However, it only covers the "compilation copyright" for the entire encyclopedia and does not determine the rights of the authors.

II. Special Characteristics of the Encyclopaedia Aperta Licence

(13) The Encyclopaedia Aperta Licence is written in English in order to achieve the widest possible usability. Translations into as many other languages as possible are very important for the further spread of the concept, however, similarly as for the GNU General Public License (GPL, see http://www.gnu.org/copyleft/gpl.html) only the English version should be legally binding in order to simplify its usage.

(14) The licence is to take academic practices into account as far as possible. It means for example that an author can visibly repudiate a specific use or modification of an article created by him, although he cannot forbid the further use of this article.

(15) This means also that the correct classification of his article is of importance to the author, and that his/her point of view can differ quite substantially from that of the publisher. The suggested solution for this conflict is to store both classifications next to each other if necessary.

(16) This implies as well that the author can protect parts of an article that s/he considers to be of particular importance against changes, even if by doing this s/he misses the chance to have these parts improved by other experts.

(17) In order to take into account the international character of the encyclopedia, translations of the parts protected by the author are always permitted. This is a remarkable difference to the GNU Free Documentation License, which permits translations only if the appropriate original is contained in the same document. That would not be practicable in an international encyclopedia.

(18) Particular attention has been paid to guarantee that neither the encyclopedia nor any part of it can be privatised without, however, excluding its commercial use. In this regard the licence is strictly modeled after GNU/Linux practice. For the structure of the licence some some guidance by the Mozilla Public License has been used.

(19) Since the usability and usefulness of a reference works depends largely on the connection and classification of its individual parts, it appeared advisable to protect the work done in this domain as well by copyright from privatisation. That's why metadata about individual articles are treated differently than the articles themselves and a "compilation copyright" is established.

III. Sources for the Encyclopaedia Aperta Licence

(20) In addition to the Open Content licences mentioned above, the following licences from the Free or Open Source Software area have been evaluated for the Encyclopaedia Aperta License: GNU Public License (http://www.gnu.org/copyleft/gpl.html) The BSD License (http://www.opensource.org/licenses/bsd-license.html) Open Directory License (http://dmoz.org/license.html) Mozilla Public License (http://www.mozilla.org/NPL/MPL-1.0.html) Artistic License (http://www.opensource.org/licenses/artistic-license) Q Public License (http://www.trolltech.com/qpl/) Phyton Copyright (http://www.python.org/doc/Copyright.html) The zlib/libpng License (http://www.opensource.org/licenses/zlib-license.html)

(21) The following licence has been arranged from elements of these sources according to the considerations mentioned above on respecting academic practices.

IV. Presentation of the Encyclopaedia Aperta License

(22) Hereafter follows the text of the licence in English, accompanied by remarks (introduced by NOTE: ) referring to the preceding paragraph accordingly.

V. Encyclopaedia Aperta Public License

(23) Version 0.1, May 2000

1. Definitions.

(24)

1.1. ``Initial Author "

(25) ``Initial Author'' means the individual or entity owning the copyright to the Information as identified in the copyright notice.

1.2. ``Contributor"

(26) ``Contributor'' means each entity that creates or contributes to the creation of Modifications.

1.3. ``Original Information"

(27) ``Original Information'' means information in Transparent Format to which the copyright and license notices described in Section 5 are attached, and which, at the time of its release under this License, is not already Covered Information governed by this License.

1.4. ``Modification"

(28) ``Modification'' means any addition to or deletion from the substance or structure of either the Original Information or any previous Modifications. When Covered Information is released as a series of files, a Modification is:

(29) A. Any addition to or deletion from the contents of a file containing Original Information or previous Modifications.

(30) B. Any new file that contains any part of the Original Information or previous Modifications except when marked as a citation according to normal academic citation practices specifying exactly the source.

(31) NOTE: This definition implies that also new articles, which include parts of an already existing article, are to be regarded as a Modification. Thus the applicability of this licence extends automatically to such new articles as well, unless the used parts are marked clearly as a quotation with an exact indication of the source.

(32) ``Substantive Modification'' is defined as a change to the semantic content of the Covered Information, be it textual, graphical, or audio-visual. It excludes mere changes in format and presentation, typographical corrections, as well as translations into another human language provided Initial Author's and Contributors' names are maintained.

(33) NOTE: Translations are expressly excluded, in the contrast for example to the GNU Free Documentation Licence, in order to promote international spread.

1.5. ``Covered Information"

(34) ``Covered Information'' means the Original Information or Modifications or the combination of the Original Information and Modifications, in each case including portions thereof.

1.6. ``Contributor Version"

(35) ``Contributor Version'' means the combination of the Original Information, prior Modifications used by a Contributor, and the Modifications made by that particular Contributor.

1.7. ``Larger Work"

(36) ``Larger Work'' means a work which combines Covered Information or portions thereof with information not governed by the terms of this License.

1.8. ``Transparent Format"

(37) ``Transparent Format'' means a machine-readable format whose specification is available to the general public, whose usage is free of charge, whose contents can be viewed and edited directly and straightforwardly with generic text editors or (for images composed of pixels) generic paint programs or (for drawings, sounds and videos) some widely available editor, and that is suitable for input to text formatters or for automatic translation to a variety of formats suitable for input to text formatters. Covered Information made in an otherwise Transparent Format whose markup has been designed to thwart or discourage subsequent modification by readers is not Transparent.

(38) NOTE: In addition to the requirements of the GNU Free Documentation License is also requested that the format must be usable free of charge, in order to avoid royalties such as with GIF.

(39) Examples of suitable Transparent formats include plain ASCII without markup, Texinfo input format, LaTeX input format, SGML or XML using a publicly available DTD, and standard-conforming simple HTML designed for human modification. The Covered Information can be in a compressed or archival form, provided the appropriate decompression or de-archiving software is widely available for no charge.

(40) NOTE: The permission of commonly used archive formats seems pose no problems. Good examples from the audio-visual area are still looked for.

1.9. ``Opaque"

(41) ``Opaque'' means Covered Information in any form other than Transparent Format, including all non-electronic forms.

(42) Opaque formats include PostScript, PDF, proprietary formats that can be read and edited only by proprietary word processors, SGML or XML for which the DTD and/or processing tools are not generally available, and the machine-generated HTML produced by some word processors for output purposes only.

(43) NOTE: Good examples from the audio-visual area are still looked for.

1.10. ``Electronic Distribution Mechanism"

(44) ``Electronic Distribution Mechanism'' means a mechanism generally accepted in the information community for the electronic transfer of data.

1.11. ``Metadata"

(45) ``Metadata'' means the data used to qualify the Covered Information in a larger context. In particular, this includes all classification data.

(46) NOTE: They can be specified by the author himself, however in any case they must be specified at the inclusion of an article into the encyclopedia by the moderator.

1.12. ``License"

(47) ``License'' means this document.

1.13. ``You"

(48) ``You'' means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License or a future version of this License issued under Section 6.1. For legal entities, ``You'' includes any entity which controls, is controlled by, or is under common control with You. For purposes of this definition, ``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 fifty percent (50%) or more of the outstanding shares or beneficial ownership of such entity.

2. Grants Established by the License.

(49)

2.1. The Initial Author Grant.

(50) The Initial Author hereby grants You a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims:

(51) (a) to use, reproduce, publish, modify, display, perform, sublicense and distribute the Original Information (or portions thereof) as Covered Information or as part of a Larger Work, with or without Substantive Modifications as specified in the license notice. In case no Substantive Modifications are permitted by the Initial Author the phrase `Distribution of substantively modified versions of this Covered Information is prohibited without the explicit permission of the copyright holder.' appears in the license notice;

(52) NOTE: The main purpose of this clause about changes of contents is to facilitate contributions to the encyclopedia also from renowned authors and publishing houses, without forcing them to bother constantly about the state of the contributed articles. Inappropriately changed articles can damage reputation heavily, which is of major concern to them.

(53) and

(54) (b) under patents now or hereafter owned or controlled by Initial Author, to make, have made, use and sell (``Utilize'') the Original Information (or portions thereof), but solely to the extent that any such patent is reasonably necessary to enable You to Utilize the Original Information (or portions thereof) and not to any greater extent that may be necessary to Utilize further Modifications or combinations.

(55) NOTE: The clause concerning patents could be important for programming or audio-visual parts of the encyclopedia.

2.2. Contributor Grant.

(56) Each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims:

(57) (a) to use, reproduce, publish, modify, display, perform, sublicense and distribute the Modifications created by such Contributor (or portions thereof) either on an unmodified basis, with other Modifications, as Covered Information or as part of a Larger Work;

(58) and

(59) (b) under patents now or hereafter owned or controlled by Contributor, to Utilize the Contributor Version (or portions thereof), but solely to the extent that any such patent is reasonably necessary to enable You to Utilize the Contributor Version (or portions thereof), and not to any greater extent that may be necessary to Utilize further Modifications or combinations.

2.3. Compilator Grant.

(60) The Encyclopaedia Aperta is a compilation of many people's contributions. The Gremium Encyclopaedia Aperta (``GEA'') owns the copyright to the compilation of the different contributions and hereby grants You a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims:

(61) (a) to use, reproduce, publish, modify, display, perform, sublicense and distribute the Compilation maintained by GEA (or portions thereof) either on an unmodified basis, with other Modifications, as Covered Information or as part of a Larger Work;

(62) and

(63) (b) under patents now or hereafter owned or controlled by GEA, to Utilize the Compilation (or portions thereof), but solely to the extent that any such patent is reasonably necessary to enable You to Utilize the Compilation (or portions thereof), and not to any greater extent that may be necessary to Utilize further Modifications or combinations.

3. Distribution Obligations.

(64)

3.1. Application of License.

(65) The Modifications which You create or to which You contribute are governed by the terms of this License, including without limitation Section 2.2. The Covered Information may be distributed only under the terms of this License or a future version of this License released under Section 6.1, and You must include a copy of this License with every copy You distribute. You may not use technical measures to obstruct or control the reading or further copying of the copies you make or distribute. However, you may accept compensation in exchange for copies. You may not offer or impose any terms on any version that alters or restricts the applicable version of this License or the recipients' rights hereunder. However, You may include an additional document offering the additional rights described in Section 3.7.

(66) NOTE: These terms are all commonly used in the Free/Open Source Software domain and should not pose any problem.

3.2. Availability of Transparent Format.

(67) Any Modification which You create or to which You contribute must be made available in Transparent Format under the terms of this License either on the same media as an Opaque version or via an accepted Electronic Distribution Mechanism to anyone to whom you made an Opaque version available; and if made available via Electronic Distribution Mechanism, must remain available for at least twelve (12) months after the date it initially became available, or at least six (6) months after a subsequent version of that particular Modification has been made available to such recipients. You are responsible for ensuring that the Transparent Format version remains available even if the Electronic Distribution Mechanism is maintained by a third party.

(68) NOTE: These terms are all commonly used in the Free/Open Source Software domain and should not pose any problem.

3.3. Modifications.

(69)

(a) Modification of Covered Information.

(70) You may modify the Covered Information only if you describe your Modifications properly. For the Metadata part of Covered Information special rules apply (see below). For Covered Information where Substantive Modifications are not permitted by the Initial Author, You may only apply changes in format and presentation, typographical corrections, as well as translations into another human language without the Initial Author's prior consent.

(71) NOTE: Here the licence differs clearly from the GNU Free Documentation License. Instead of protecting particular sections that are based on a typical book publication from changes of contents, the author can protect the contents of the entire article, even if that (hopefully) should not be the rule. The "invariant sections" described in the GNU Free Documentation License are normally not present in articles of an encyclopedia, and apart from this these sections rely heavily on English as the language of the document.

(b) Modification of Metadata.

(72) For Covered Information where Substantive Modifications are not permitted by the Initial Author, the Gremium Encyclopaedia Aperta (``GEA'') may add information to the metadata esteemed useful to guarantee the coherence of the classification of Covered Information, but not change or delete the metadata proposed by the Initial Author without his prior consent. You may add information to the metadata of the Covered Information provided the metadata of GEA, and in case Substantive Modifications are not permitted also the metadata of the Initial Author, remain immediately accessible (a) in the Transparent Format, and (b) to the user of an Opaque version.

(73) NOTE: To protect both the author and the encyclopedia as a whole against careless or malicious misinterpretations by using individual passages out of context, it is required that the metadata used for classification shall remain accessible also when articles are being used by third parties. Otherwise it would be easily possible for example that a critically meant article is abused, with reference to the encyclopedia, to support one's position, thus reversing the intention of the author and editor. This would make it extremely difficult to maintain the desired openness of the encyclopedia. Because of fear of law suits etc. only "politically" and otherwise "correct" articles could be included, which does not correspond to the intentions of the project.

(c) Description of Modifications.

(74) You must cause all Covered Information to which you contribute to contain a Contribution Description documenting the changes You made to create that Covered Information and the date of any change. You must include a prominent statement that the Modification is derived, directly or indirectly, from Original Information provided by the Initial Author and including the name of the Initial Author and the location of the unmodified information (a) in the Transparent Format, and (b) in any notice in an Opaque version or related documentation in which You describe the origin or ownership of the Covered Information. If a Contribution Description already exists for the Covered Information You modified, You must duplicate the Contribution Description and add the description of the Modification(s) You made. If requested by the Initial Author, you must include a notice in any such statement that the Initial Author does repudiate the Modified Information.

(75) NOTE: The first terms are all commonly used in the Free/Open Source Software domain and should not pose any problem. Additionally authors have the possibility of visibly dissociating themselves from a modified version of their articles in order to protect their reputation. This presumes that they stay informed of the life of the their articles.

3.4. Intellectual Property Matters.

(76)

(a) Third Party Claims.

(77) Acknowledgement of the Initial Author and publisher of elements used to create Covered Information must be retained according to normal academic citation practices. If You have knowledge that a party claims an intellectual property right in particular functionality or information (or its utilization under this License), you must include a text file with the distribution titled ``LEGAL'' which describes the claim and the party making the claim in sufficient detail that a recipient will know whom to contact. If you obtain such knowledge after You make Your Modification available as described in Section 3.2, You shall promptly modify the LEGAL file in all copies You make available thereafter and shall take other steps (such as notifying appropriate mailing lists or newsgroups) reasonably calculated to inform those who received the Covered Information that new knowledge has been obtained.

(b) Contributor APIs.

(78) If Your Modification is an application programming interface and You own or control patents which are reasonably necessary to implement that API, You must also include this information in the LEGAL file.

(79) NOTE: The clause concerning patents could be important for programming or audio-visual parts of the encyclopedia.

3.5. Contribution Description.

(80) You must duplicate the Contribution Description in each file of the Transparent Format, and this License in any documentation, where You describe recipients' rights relating to Covered Information. If You created one or more Modification(s), You must add your name as a Contributor and describe the Modification(s) You made. If it is not possible to put such notice in a particular Transparent Format file due to its structure, then You must include such notice in a location (such as a relevant directory file) where a user would be likely to look for such a notice.

3.6. Distribution of Opaque Versions.

(81) You may distribute Covered Information in Opaque form only under the terms of this License, and only if the requirements of Section 3.1-3.5 have been met for that Covered Information, and if You include a notice stating that the Transparent Format version of the Covered Information is available, including a description of how and where You have fulfilled the obligations of Section 3.2. This notice must be conspicuously included in any notice in an Opaque version, related documentation or collateral in which You describe recipients' rights relating to the Covered Information. For each item of the Covered Information at least the names of the Initial Author and of Ecyclopaedia Aperta must be immediately accessible for any user of an Opaque version.

(82) NOTE: The first terms are all commonly used in the Free/Open Source Software domain and should not pose any problem. To prevent that the contents of the encyclopedia will be buried under "super" user surfaces and are not recognizable as such for the user any more, it is requested that for each article at least the author and Ecyclopaedia Aperta must be indicated as source.

3.7. Offer of Additional Rights.

(83) You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Covered Information. However, You may do so only on Your own behalf, and not on behalf of the Initial Author or any Contributor. You must make it absolutely clear than any such warranty, support, indemnity or liability obligation is offered by You alone, and You hereby agree to indemnify the Initial Author and every Contributor for any liability incurred by the Initial Author or such Contributor as a result of warranty, support, indemnity or liability terms You offer.

(84) NOTE: These terms are all commonly used in the Free/Open Source Software domain and should not pose any problem.

3.8. Larger Works.

(85) You may create a Larger Work by combining Covered Information with other information not governed by the terms of this License and distribute the Larger Work in or on a volume of a storage or distribution medium, provided no compilation copyright is claimed for the compilation. In such a case, You must make sure the requirements of this License are fulfilled for the Covered Information. The Initial Author's and Contributors' names may not be used to assert or imply endorsement of the resulting Work without their prior permission.

(86) NOTE: The first terms are all commonly used in the Free/Open Source Software domain and should not pose any problem. The last phrase can be found in a similar form in rather all Open Content licences.

3.9. Good-Practice Recommendations.

(87) In addition to the requirements of this license, it is requested from and strongly recommended of redistributors that:

(88) - 1. If You are distributing Covered Information on hardcopy or CD-ROM, You provide email notification to the authors of Your intent to redistribute at least thirty days before your manuscript or media freeze, to give the authors time to provide updated documents. This notification should describe modifications, if any, made to the document.

(89) - 2. All Substantive Modifications (including deletions) be either clearly marked up in the document or else described in an attachment to the document.

(90) - 3. Finally, while it is not mandatory under this license, it is considered good form to offer a free copy of any hardcopy and CD-ROM expression of Covered Information to its author(s).

(91) NOTE: These terms are used in the Open Publication License and should not pose any problem.

4. Inability to Comply Due to Statute or Regulation.

(92) If it is impossible for You to comply with any of the terms of this License with respect to some or all of the Covered Information due to statute or regulation then You must: (a) comply with the terms of this License to the maximum extent possible; and (b) describe the limitations and the information they affect. Such description must be included in the LEGAL file described in Section 3.4 and must be included with all distributions of the Covered Information. Except to the extent prohibited by statute or regulation, such description must be sufficiently detailed for a recipient of ordinary skill to be able to understand it.

(93) NOTE: These terms are used in the Mozilla Public License and should not pose any problem.

5. Application of this License.

(94) This License applies to information to which the Initial Author has attached the following notice, and to related Covered Information.

(95) Copyright (c) YEAR NAME OF THE INITIAL AUTHOR.

(96) Permission is granted to copy, distribute and/or modify this document under the terms of the Encyclopeadia Aperta Public License, Version 0.1 or any later version published by the Gremium Encyclopeadia Aperta.

(97) Information distributed under the License is distributed on an ``AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for the specific language governing rights and limitations. You may obtain a copy of the License at http://www.????????.

(98) Optionally the phrase `Distribution of substantively modified versions of this Covered Information is prohibited without the explicit permission of the copyright holder.' may have been added by the Initial Author.

(99) NOTE: The first terms come from the GNU Free Documentation License and the Mozilla Public License and should not pose any problem. The last option is specific for the encyclopedia.

6. Versions of the License.

(100)

6.1. New Versions.

(101) The Gremium Encyclopaedia Aperta (``GEA'') may publish revised and/or new versions of the License from time to time. Each version will be given a distinguishing version number.

(102) NOTE: These terms are used in the Mozilla Public License and should not pose any problem.

6.2. Effect of New Versions.

(103) Once Covered Information has been published under a particular version of the License, You may always continue to use it under the terms of that version. You may also choose to use such Covered Information under the terms of any subsequent version of the License published by GEA.

(104) NOTE: These terms are used in the Mozilla Public License and should not pose any problem.

6.3. Derivative Works.

(105) If you create or use a modified version of this License (which you may only do in order to apply it to information which is not already Covered Information governed by this License), you must (a) rename Your license so that the phrases ``Encyclopaedia Aperta'', ``ApertaPL'', ``GremiumPL'', ``GEAPL'', ``GEA'' or any confusingly similar phrase do not appear anywhere in your license and (b) otherwise make it clear that your version of the license contains terms which differ from the Encyclopaedia Aperta Public License.

(106) NOTE: These terms are used in the Mozilla Public License and should not pose any problem.

7. DISCLAIMER OF WARRANTY.

(107) COVERED INFORMATION IS PROVIDED UNDER THIS LICENSE ON AN ``AS IS'' BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED INFORMATION IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED INFORMATION IS WITH YOU. SHOULD ANY COVERED INFORMATION PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL AUTHOR OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED INFORMATION IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

(108) NOTE: These terms are used in the Mozilla Public License and should not pose any problem. Contrary to the GNU Free Documentation License the use of such a clause seems appropriate for the encyclopedia, since it can contain considerable programming parts.

8. Termination.

(109) This License and the rights granted hereunder will terminate automatically if You fail to comply with terms herein and fail to cure such breach within 30 days of becoming aware of the breach. All sublicenses to the Covered Information which are properly granted shall survive any termination of this License. Provisions which, by their nature, must remain in effect beyond the termination of this License shall survive.

(110) NOTE: These terms are used in the Mozilla Public License and should not pose any problem.

9. LIMITATION OF LIABILITY.

(111) UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE INITIAL AUTHOR, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED INFORMATION, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER 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 PARTY 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. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THAT EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.

(112) NOTE: These terms are used in the Mozilla Public License and should not pose any problem. Contrary to the GNU Free Documentation License the use of such a clause seems appropriate for the encyclopedia, since it can contain considerable programming parts.

10. Severability.

(113) This License represents the complete agreement concerning subject matter hereof. If any provision of this License is held to be unenforceable in any jurisdiction, such provision shall be reformed only to the extent necessary to make it enforceable.

(114) NOTE: These terms are used in the Mozilla Public License and should not pose any problem.

11. Responsibility for Claims.

(115) Except in cases where another Contributor has failed to comply with Section 3.4, You are responsible for damages arising, directly or indirectly, out of Your utilization of rights under this License, based on the number of copies of Covered Information you made available, the revenues you received from utilizing such rights, and other relevant factors. You agree to work with affected parties to distribute responsibility on an equitable basis.

(116) NOTE: These terms are used in the Mozilla Public License and should not pose any problem.

ADDENDUM: How to use this License for Your Information.

(117) To use this License for Information You have authored, put the following copyright and license notices just after the title:

(118) Copyright (c) YEAR YOUR NAME.

(119) Permission is granted to copy, distribute and/or modify this document under the terms of the Encyclopeadia Aperta Public License, Version 0.1 or any later version published by the Gremium Encyclopeadia Aperta.

(120) Information distributed under the License is distributed on an ``AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for the specific language governing rights and limitations. You may obtain a copy of the License at http://www.????????.

(121) NOTE: These terms come from the GNU Free Documentation License and the Mozilla Public License and should not pose any problem.

(122) In case You are the Initial Author and You do not want to permit any Substantive Modifications to Your Original Information, add the following phrase to the license notice: `Distribution of substantively modified versions of this Covered Information is prohibited without the explicit permission of the copyright holder.'

(123) NOTE: This option is specific for the encyclopedia and replaces the clauses of the GNU Free Documentation License on "invariant sections".

(124) If Your Information contains nontrivial examples of program code, we recommend releasing these examples in parallel under Your choice of free software license, such as the GNU General Public License, to permit their use in free software.

(125) NOTE: These terms are used in the GNU Free Documentation License and should not pose any problem.

(126) If Your Information can be usefully regarded as a stand-alone publication with significant value also outside Encyclopaedia Aperta, we recommend releasing the Information in parallel under Your choice of open content license, such as the GNU Free Documentation License.

(127) NOTE: This recommendation is intended exclusively for longer contributions which are also distributed outside the encyclopedia. Of course, everything can also be published in parallel under the GNU Free Documentation License. However, articles can only be included in the encyclopedia under this Encyclopaedia Aperta License (hopefully it has become clear why).

LEGAL FILE.

(128) The LEGAL file shall contain all information necessary to judge the legal status of the corresponding Covered Information. In particular this comprises:

(129) 1. Known third party claims on intellectual property rights.

(130) 2. Information on relevant API patents.

(131) 3. Limitations to comply with the terms of this License due to statute or regulation.

(132) 4. Known legal restrictions to the use and/or distribution of the corresponding Covered Information in certain countries. In such case, the Initial Author may add an explicit geographical distribution limitation excluding those countries, so that distribution is permitted only in or among countries not thus excluded.

(133) NOTE: This file is used to protect the project participants from legal troubles as far as possible. This approach is also being used in the Mozilla project.

(134) ----- END OF THE LICENCE -----