DIGINEAUX SOFTWARE LICENSE
Version 1.1
This Licence may be included unchanged with each product to which it applies.
No completed form, separate product notice or calculated release date is required.
The Software, Licensor and Author are identified under clause 1; the release
deadline is calculated automatically under clause 8.
NON-BINDING PLAIN-ENGLISH SUMMARY
This summary explains the Licence. It grants no separate rights and adds no
conditions. The operative terms below control if there is any inconsistency.
* If you lawfully acquire a licence, you may use and modify the Software for
personal and commercial purposes, including to make work you sell.
* Publicly distributed commercial work made using the Software must credit the
Software and Author. Private use does not require a public credit.
* You may include the Software in a genuinely larger project or product you
distribute or sell. You must not supply it as a separate reusable package.
Simply putting it in a ZIP file or bundle alongside other material is not enough.
* Recipients may use and maintain your larger project. Reusing the incorporated
Software independently or in another project requires their own licence.
* Anyone may create, publish and sell patches, plugins, modifications, updates
and similar Add-ons without crediting the original Author. Add-ons must require
a separately licensed base copy and must not replace the need to acquire it.
* Sharing or selling the base Software itself, including a complete modified
copy, requires express written permission unless a stated exception applies.
* The restrictions end automatically 50 years after the product was first made
public, or upon the Author’s death from natural causes, whichever occurs
first. Death from another cause does not bring the deadline forward.
* At that point, the Licensor gives up the rights it can legally surrender and
grants unconditional permissions where surrender is ineffective. You may then
use, modify, share and sell the covered Software without credit or permission.
* Updates and renaming do not restart the clock. The deadline cannot be extended.
Other people’s rights remain their own, including rights in independent Add-ons.
* Your non-excludable consumer rights remain protected.
OPERATIVE TERMS
1. DEFINITIONS AND APPLICATION
1.1 “Software” means the software product with which the rights holder supplies
or expressly associates this Licence, together with accompanying materials covered
by that rights holder’s grant. It includes versions and updates expressly released
under this Licence for the same product. Merely including this Licence does not
bring unrelated products or separately licensed third-party materials within its
scope. Third-party material remains under its own terms.
1.2 “Licensor” means the person or legal entity holding the relevant rights and
offering the Software under this Licence, directly or through an authorised
representative. The Licensor may be identified from the Software’s copyright
notices, documentation, official product listing or sales records. A distributor
does not become the Licensor merely by supplying copies.
1.2A “Author” means the original individual creator identified in the Software’s
original release materials, copyright notices, credits or official product listing.
A credited pen name or trading name may identify that individual if the connection
can be established. A company name alone does not identify a natural person.
A written designation issued by the original Licensor with the original release
may identify one individual as Author for this Licence. Later ownership or branding
changes do not replace that individual. If several original individuals are
credited without such a designation, the early-death trigger occurs only when
all have died from natural causes, at the time of the last such death. If no
individual can be reliably identified, the fifty-year deadline still applies;
the early-death trigger requires reliable identification and evidence of death.
1.2B An Author who personally supplies or expressly associates this Licence with
the Software adopts the Author’s consents in clauses 6 and 8 to the extent legally
effective. A Licensor acting separately from the Author must obtain the necessary
consents and permissions; attaching this Licence cannot give away another person’s
rights without authority. No separate product-specific form is required by this
Licence, although applicable law may require particular evidence or formalities.
1.3 “Licensee” means a person or legal entity that lawfully acquires a licence to
the Software from the Licensor or an authorised supplier. “Distribute” includes
providing copies by sale, download, transfer, publication or other delivery.
1.4 “Add-on” means a patch, plugin, modification, update or other extension
satisfying clause 5. “Larger Work” means a work or project satisfying clause 3.
1.5 Clauses 2 to 7 and 9 apply before the Release Time defined in clause 8.
Clause 8 determines the permissions applying from that time onward. Clauses 10
and 11 do not impose conditions on clause 8’s unconditional public permissions.
2. USE AND MODIFICATION
2.1 The Licensor grants each Licensee a worldwide, non-exclusive, royalty-free
licence, for the duration of the Licensor’s applicable rights and subject to
these terms, to install, run, study, reproduce for authorised use and backup,
and modify the Software for personal or commercial purposes. “Royalty-free”
means no ongoing royalties for these permissions; it does not remove the initial
purchase price or grant access to separately sold products or updates.
2.2 Licensees may create, publish, distribute and sell works made using the
Software, subject to clauses 3 and 4 where applicable. They retain ownership of
their original contributions. The Licensor retains ownership of its material
until rights are relinquished under clause 8.
2.3 This Licence does not require source-code disclosure or require a Licensee
to license its original contributions under these same terms. It does not
promise delivery of source code, future updates, support or maintenance beyond
what the Licensor separately agrees or applicable law requires.
3. INCORPORATION INTO LARGER WORKS
3.1 A Licensee may reproduce and distribute the Software, unchanged or modified,
as an integrated component of a Larger Work providing substantial functionality
or content beyond the Software itself. Larger Works may be commercial or free
and may include editable projects as well as finished products.
3.2 Inclusion must support the Larger Work. The Software must not be supplied
as a separate reusable package, optional standalone download or substantially
standalone product. Merely adding unrelated material, changing branding or
placing the Software in an archive, installer, folder or bundle does not create
a Larger Work. Consider the substance of the distribution, not its file format.
3.3 Each recipient receives a direct licence from the Licensor to use, reproduce
as necessary, and modify the incorporated Software solely to use and maintain
that Larger Work. A recipient may pass on that Larger Work, including lawful
maintenance changes, subject to the same conditions and any rights required
from its other owners. Independent use, reuse in another project, or separate
redistribution of the Software requires a separate licence from the Licensor.
3.4 Distributors must include this Licence with the Larger Work or in its
accessible accompanying documentation, preserve supplied notices identifying
the incorporated Software and Licensor, and expressly notify recipients of
clause 3.3. These notices are additional to clause 4’s credit.
3.5 Technical extractability alone does not make an otherwise permitted
distribution a breach. Encryption, obfuscation and copy protection are not required.
4. ATTRIBUTION
4.1 A publicly distributed commercial work or project made using or incorporating
the Software must include this acknowledgement in a reasonably accessible credits
section, About screen or accompanying documentation. The credit must identify
the Software by its published name and its Author by the name or credited identity
used in the supplied product information. If no individual Author is identified,
credit the identified developer or Licensor instead. Include the official product
website if supplied. A concise, substantially equivalent acknowledgement is
acceptable. Advertising, a splash screen and every individual output need not
carry the credit where accompanying credits or documentation reasonably serve
the same purpose.
4.2 Private use, including internal commercial use, does not require public
attribution. Add-ons and their documentation, packaging and advertising are
exempt under clause 5. No credit may falsely imply authorship or endorsement.
5. PATCHES, PLUGINS AND OTHER ADD-ONS
5.1 The Licensor grants everyone worldwide permission to create, use, reproduce,
modify, publish, distribute and sell Add-ons without payment of royalties or
attribution to the Licensor or Author. This permission does not itself supply
or license a base copy of the Software.
5.2 An Add-on must require a separately and lawfully acquired base copy of the
Software. It must not supply the base Software, a substantially complete modified
copy, or enough of the Software to substitute for acquiring that base copy.
5.3 An Add-on may reproduce portions of the Software reasonably necessary to
implement its changes, subject to clause 5.2. Applying an Add-on to a lawful
copy is permitted. Distribution of a complete copy resulting from that process
is governed by clauses 3 and 7, rather than this Add-on permission.
5.4 Add-on creators own their original contributions and may set their own terms
for them. They may not grant rights in the Licensor’s material beyond this Licence.
They must make clear that the base Software requires a separate licence and that
the Add-on is independently provided, without suggesting official endorsement.
That notice need not name or credit the Licensor or Author.
6. PATENTS, MORAL RIGHTS AND ENDORSEMENT BEFORE RELEASE
6.1 To the extent it can do so, the Licensor grants permission under its patents
necessarily infringed by exercising the permissions expressly granted here.
This does not cover infringement arising solely from additional material or
combinations unrelated to the supplied Software’s functionality.
6.2 To the extent legally effective, the Author consents to modification,
adaptation and incorporation of the Software as permitted here, and omission
of attribution where this Licence does not require it. These consents cover the
acts described, rather than transferring ownership of moral rights. The Licensor
gives equivalent consents only to the extent it is entitled to do so.
6.3 Before the Release Time, names and marks may be used for truthful identification,
compatibility statements and required notices, without implying endorsement.
This Licence does not authorise false claims of authorship, affiliation or approval.
7. STANDALONE DISTRIBUTION AND EXPRESS PERMISSION
7.1 Except as permitted for Larger Works, Add-ons or other express provisions of
this Licence, distributing the Software itself requires the Licensor’s prior
express written permission. This applies to free sharing as well as sales, and
to unchanged, modified, renamed, repackaged and bundled copies.
7.2 Selling permitted Larger Works, outputs or Add-ons does not require additional
permission or payment. A genuine service involving authorised use of the Software
is permitted; describing delivery of an otherwise prohibited copy as a service,
support charge or donation does not create permission to distribute that copy.
7.3 The Licensor may give additional written permissions identifying their scope.
Nothing here restricts statutory exceptions, transfers or other rights that
applicable law does not allow the Licensor to restrict.
8. FIFTY-YEAR TERM OR EARLIER NATURAL DEATH; AUTOMATIC RELEASE
8.1 The First Publication Date is the calendar date, determined in UTC, on which
the Licensor or an authorised person first made the product available to the
public, free or for payment. Private development, confidential testing and
disclosure subject to confidentiality obligations do not constitute publication.
8.2 The Fifty-Year Deadline is 00:00 UTC on the fiftieth anniversary of that First
Publication Date. If publication was on 29 February and the anniversary year has
no 29 February, the deadline is 00:00 UTC on 1 March of that year.
8.3 The “Release Time” is the earlier of:
(a) the Fifty-Year Deadline; or
(b) the time of the Author’s death from natural causes, determined under clause 1.2A.
“Death from natural causes” means death resulting from disease, ageing or another
internal medical condition, rather than an accident or external injury. Death
from another cause does not accelerate the Fifty-Year Deadline. Whether the
condition occurred is determined by the facts, with official death records and
competent medical evidence relevant to that determination; it does not depend
on discretionary approval by the Licensor, an estate or another person.
8.4 No statement or advance calculation of the First Publication Date or
Fifty-Year Deadline is required. They are determined by the actual publication
history, for which dated release announcements, official listings, archives and
sales records may provide evidence. An error or omission in supplied information
does not postpone the actual Release Time. Updates, modifications, new versions,
renaming and republication of the same product do not restart the period.
All versions and updates expressly
released under this product’s Licence share the original product’s deadline.
8.5 The Licensor intends the covered Software to become public domain at the
Release Time. The Licensor hereby makes the following waiver and grants, with
effect automatically from that time, without any further act:
(a) To the fullest extent permitted by law, the Licensor irrevocably waives,
abandons and surrenders all copyright and related rights it controls in the
covered Software, worldwide and for their entire remaining duration, including
extensions. This includes applicable database rights and waivable moral rights.
(b) Wherever surrender is ineffective, the Licensor grants every person a
perpetual, irrevocable, worldwide, royalty-free, non-exclusive, transferable,
sublicensable and unconditional licence to exercise those rights, including to
use, reproduce, modify, adapt, publish, perform, communicate, distribute, make
available and sell the Software and derivative works for any purpose, without
attribution or further permission.
(c) The Licensor similarly surrenders other intellectual-property rights it
controls specifically in the covered Software to the extent legally possible,
and otherwise grants unconditional permission under those rights to exercise
the freedoms in paragraph (b). This includes its patents necessarily infringed
by those activities. It does not release rights in unrelated products or identities.
(d) To the extent legally effective, the Author consents to reproduction,
adaptation, modification, combination with other material, omission of attribution
and other treatment of the covered Software necessary to exercise those freedoms.
The Licensor gives corresponding consents to the extent it is entitled to do so.
No person is authorised to make false claims of authorship or endorsement.
(e) To the fullest extent legally possible, the Licensor undertakes not to assert
rights or claims it controls to prevent anyone exercising those freedoms where
the waiver or fallback permissions are ineffective.
8.6 All attribution, payment, permission, use and redistribution conditions
imposed by this Licence cease to apply to the covered Software at the Release
Time. An earlier breach or termination does not prevent anyone benefiting from
clause 8. No further payment, approval or action by the Author, Licensor, executor,
administrator, heir or successor is required.
8.7 The Fifty-Year Deadline may not be extended and a triggered release may not
be postponed or revoked. Revised terms, ownership changes or changes of Licensor
do not alter the Release Time or revoke these grants for covered material.
The Licensor must make any transfer of its relevant rights expressly subject to
this Licence and its future-effective grants. The Licensor intends those grants
to bind its estate and successors to the fullest extent permitted by law.
8.8 The release covers only rights the Licensor or consenting Author can legally
release or permit. It does not release third-party rights, including rights in
independently created Add-ons or contributions not brought within these grants.
It does not require publication or delivery of source code or other files.
9. BREACH AND TERMINATION BEFORE RELEASE
9.1 Before terminating permissions for a breach, the Licensor must give written
notice identifying the breach. Termination may take effect only if a material
breach remains uncorrected 30 days after receipt. For a breach incapable of full
correction, reasonable steps to stop it, mitigate its effects and prevent its
recurrence count as correction for the purpose of avoiding termination.
9.2 Termination ends the affected person’s permissions under clauses 2 to 7.
That person must stop activities requiring those permissions, subject to rights
they retain under applicable law. Accrued lawful claims are not extinguished.
9.3 Compliant recipients’ direct permissions for previously lawfully distributed
Larger Works and Add-ons are not terminated by another person’s breach. Clause 8
remains effective regardless of any earlier breach or termination.
10. CONSUMER RIGHTS, WARRANTIES AND LIABILITY
10.1 Nothing in this Licence excludes, restricts or modifies any guarantee,
condition, warranty, remedy or other right or liability that cannot lawfully be
excluded, restricted or modified. This includes rights under the Australian
Consumer Law and other applicable mandatory consumer laws.
10.2 Subject to clause 10.1 and any express commitments made when supplying the
Software, no additional warranty is given that the Software will be uninterrupted,
error-free or suitable for every purpose. This does not withdraw descriptions,
promises or representations on which a purchaser is legally entitled to rely.
10.3 Liability is determined under applicable law. This Licence imposes no blanket
exclusion of liability and does not remove an available statutory remedy.
11. GENERAL
11.1 This Licence is governed by applicable Commonwealth law and the laws of the
Australian state or territory in which the original Licensor had its principal
place of business, or ordinarily resided if it had no principal place of business,
when the Software was first published. If neither was in Australia, the applicable
state or territory is determined under ordinary conflict-of-laws rules. Courts there
have non-exclusive jurisdiction. Mandatory rights and access to competent courts
available elsewhere under applicable law are preserved.
11.2 If a provision is ineffective, it is severed or limited only as necessary;
the remaining provisions continue to operate. In particular, ineffectiveness of
a waiver does not invalidate a fallback permission in clause 8.
11.3 A later licence revision does not retrospectively reduce permissions for
copies already supplied under this version or change their Release Time. No
additional agreement may be used to postpone the release promised here for
material already covered by this Licence.
11.4 This Licence applies only where the Licensor expressly adopts it for a
product. It does not automatically cover all software made or sold by the Author.
END OF LICENCE