Tide Community Open Source License
Preamble:
The Tide Community Open Source License is a copyright License for
software and other kinds of works designed to encourage the adoption
of the Tide Protocol. The aim of the Tide Protocol is to create the
technological infrastructure to drive the new personal data economy,
addressing the data sovereignty needs of consumers, the
revenue-generating and cost minimization needs of vendors who collect
data from consumers, and the data reliability needs of seekers of
consumer data.
To that end, the Tide Community Open Source License gives you the
freedom to modify and distribute copies of software and other works
for free, or for a fee, as long as you do so in accordance with these
terms and the software adopts the Tide Protocol in full.
License Terms
Version: 1
Date of last revision: 8 May 2019
1 Acceptance of these terms
(a) These terms are between the copyright holder (“we”, “us” and
“our”) identified in the notice embedded in or provided with
the source code, technical documentation or other material
relating to the Tide Foundation Limited’s (ACN 630 011 371)
(“Tide”) data encryption and exchange platform
known as the “Tide Protocol” (“Tide Protocol”) and with which
these terms are packaged (“Materials”) and the person or
entity (“you” and “your”) accessing and/or using the Materials.
(b) By using, modifying or publishing the Materials or any Modified
Materials (as defined in clause 2(c) below), you agree to be
bound by these terms. If you are doing any of the foregoing in
the context of your employment with your employer or on behalf
of another entity, you are agreeing to be bound by these terms
on behalf of that employer or other entity and you represent
and warrant that you have the authority of that employer or
other entity to enter into these terms on their behalf. In such
circumstances, each reference in these terms “you” or “your”
includes that employer or other entity.
(c) These terms will remain in effect until terminated under
clause 9.
2 Intellectual property rights
(a) In these terms, “Intellectual Property Rights” means all
intellectual property rights of whatever nature throughout the
world, including all rights conferred under statute, common
law or equity, whether existing now or at any time in the
future, including all rights in and to any patents, patent
applications, business names, trade names, domain names, trade
marks, copyright, trade secrets, circuit layout rights,
designs, confidential information, know-how, technical
information, data or developments. All of our Intellectual
Property Rights are protected by the laws in force in
Australia from time to time.
(b) You acknowledge and agree that we (or our licensors) retain all
right, title, and interest (including all Intellectual Property
Rights) in and to the Materials, and nothing you do with or in
relation to the Materials will transfer any right, title or
interest (including Intellectual Property Rights) to you or
License or otherwise permit you to exercise any Intellectual
Property Rights except as expressly granted under these terms.
(c) In these terms, “Modified Materials” means any work based on
one or more of the Materials, including a revision,
modification, adaptation, subset, addition, enhancement,
improvement, combination, translation, abridgment,
condensation, expansion, collection, compilation or any other
form in which such Materials may be recast, transformed or
adapted or any other new material derived from the Materials.
3 Your License to the Materials
(a) Subject to paragraph (c) below and your compliance with these
terms, we grant you a limited, non-exclusive,
non-sub-licensable, revocable, worldwide, royalty free License
for the term of these terms to access, use, copy, modify,
adapt, distribute, publish and exploit the Materials, provided
that such License is exercised:
(i) solely in connection with the adoption and use of the
Tide Protocol;
(ii) solely in a manner which requires any payment or
exchange of value to be made via Tide Tokens (as
defined in paragraph (c) below); and
(iii) in accordance with clause 6 and on these terms in
respect of the right to distribute and publish the
Materials and Modified Materials.
The foregoing rights to distribute, publish and exploit the
Materials include the right to do so for a fee and applies
in respect of the Materials and the Modified Materials.
(b) Any access, use, copy, modification, adaptation, distribution,
publication or exploitation of any of the Materials for use
with applications that do not fully use, adopt and implement
the Tide Protocol is prohibited. This prohibition includes any
use or adaptation of the Materials for the purposes of any
protocol, system or platform competing with the Tide Protocol
or which facilitates any form of payment or exchange of value
other than through use of Tide Tokens (as defined in paragraph
(c) below).
(c) Without limiting paragraph (b), the License granted under
paragraph (a) does not permit you to, and in exercising the
rights granted to you under paragraph (a) you must not, under
any circumstances:
(i) remove, omit or in any way modify any component of the
Materials, including source code components, which
requires payment or exchange of value to be made via
Tide cryptographic tokens designed for settling
transactions entered into via the Tide Protocol (“Tide
Tokens”);
(ii) use the Materials which are source code or object code:
(A) in combination with any other code, script or
software (whether in source or object code form),
or otherwise in any manner, which would in any way
circumvent the requirement for any payment or
exchange of value to be made via Tide Tokens; or
(B) in any other way which does not properly use, adopt
and implement the Tide Protocol in its entirety,
including for the purposes of both data encryption
and data exchange;
(iii) violate any applicable laws or any rights of any person,
or use or permit or facilitate the use of the Materials
in any manner or for any purpose that is unlawful or is
in breach of any laws of jurisdiction anywhere in the
world;
(iv) distribute viruses, spyware, corrupted files, or any
other similar software or programs that may damage the
operation of any computer hardware or software, or the
Tide Protocol; or
(v) engage in any other conduct that is improper or brings
or is likely to bring us, the Materials, the Tide
Protocol or Tide Tokens into disrepute,
and you must ensure that where any third party is being engaged
to make modifications to the Materials on your behalf, their
rights to do so are subject to terms which incorporate the
restrictions in this clause 3.
(d) You must take your own precautions to ensure that the processes
which you employ for accessing and using the Materials do not
expose you to the risk of viruses, malicious computer code or
other forms of interference which may damage your computer
systems. We recommend that you install and use up-to-date
anti-virus, anti-spyware and firewall software on your computer
systems.
4 Data security and privacy
You are fully responsible for ensuring:
(a) any use, adoption or implementation of the Materials, any
Modified Materials and/or the Tide Protocol appropriately
protects, encrypts and stores data; and
(b) all aspects of compliance with privacy and data protection laws.
We disclaim all warranties and liability regarding the same.
5 Modification of Tide Protocol and Materials
You acknowledge that Tide may at any time without notice to you change
or update the whole or any part of the Tide Protocol and/or any of the
Materials, including in a manner which may result in applications or
processes you may have developed or implemented no longer being
compatible or otherwise working in the same manner with the Tide
Protocol or any Material, including any software development kit. We
may also withdraw or remove any part of the Materials or the Tide
Protocol at any stage without notice to you.
6 Distribution
(a) Without limiting clause 3, in exercising the rights granted to
you under clause 3(a) to distribute or publish one or more
copies of any Materials verbatim as you receive the Materials,
you may do so in any medium, provided that:
(i) you provide all recipients of the Materials with a copy of
these terms along with the Materials:
(ii) you keep intact and do not remove, omit, or in any way
modify any of the following:
(A) any notices stating that these License terms apply;
(B) any hyperlink to these License terms; and
(C) any notices of the absence of any warranty;
(b) You may charge any price or no price for each copy of the
Materials or Modified Materials that you distribute or publish,
and you may offer support or warranty protection for a fee.
(c) Without limiting clause 3, in exercising the rights granted to
you under clause 3(a) to distribute or publish one or more
copies of any Modified Materials you create or cause to be
created, you may do so in any medium, provided that:
(i) you provide all recipients of the Modified Materials with
a copy of these terms along with the Modified Materials;
(ii) you keep intact and do not remove, omit, or in any way
modify any of the following:
(A) any notices stating that these License terms apply to
the unmodified Materials;
(B) any hyperlink to these License terms; and
(C) any notices of the absence of any warranty in respect
of the unmodified Materials; and
(iii) the whole of any Modified Materials must be licensed under
these terms (although this does not limit the operation of
paragraph (d)), but you may impose further restrictions
that do not conflict with or override these terms.
(d) Where you compile any source code Materials or Modified
Materials in an aggregate with any proprietary program, the
Materials remain governed by these License terms. For the
purposes of the foregoing, a compilation of any Materials with
other separate and independent works, which are not by their
nature extensions of the Materials, and which are not combined
with the Materials such as to form a larger program, in or on
a volume of a storage or distribution medium, is an “aggregate”
if the compilation and its resulting copyright are not used to
limit the access or legal rights of the compilation's users
beyond what the individual Materials permit. Inclusion of any
Materials in an aggregate does not cause these terms to apply
to the other parts of the aggregate.
(e) You may not initiate any proceedings or claims in respect of
infringement of any patent rights in respect of the access,
use, copy, modification, adaptation, distribution, publication
or exploitation of any of the Materials or Modified Materials
in accordance with these terms.
7 Liability
(a) All express or implied guarantees, warranties, representations,
statements, terms or conditions relating to these terms or the
Materials that are not contained in these terms, are excluded
to the maximum extent permitted by law. Without limiting the
foregoing:
(i) the Materials are provided ‘as-is’ and neither we nor Tide
warrant or represent that they will work in any way, that
they are fit for any particular purpose, that your
requirements will be met, that your use of the Materials
will be uninterrupted or error free or that the Materials
are free of viruses or other harmful components; and
(ii) we and Tide are not responsible for any loss, corruption or
interception of data which occurs in connection with your
use or misuse of the Materials.
(b) Nothing in these terms excludes, restricts or modifies any
guarantee, term, condition, warranty, or any right or remedy,
implied or imposed by any law which cannot lawfully be excluded
or limited. (a “Non-Excludable Provision”). If any guarantee,
term, condition or warranty is implied into these terms under a
Non-Excludable Provision and we or Tide can limit your remedy
for a breach of the Non-Excludable Provision, then our and
Tide’s liability for breach of the Non-Excludable Provision is
limited to one or more of the following at our option:
(i) in the case of goods, the replacement of the goods or the
supply of equivalent goods, the repair of the goods, the
payment of the cost of replacing the goods or of acquiring
equivalent goods, or the payment of the cost of having the
goods repaired; or
(ii) in the case of services, the supplying of the services
again, or the payment of the cost of having the services
supplied again.
(c) To the maximum extent permitted by law but despite any other
clause in these terms, your use of the Materials is at your own
risk and neither we nor Tide are liable to you for any loss or
damage you (or any of your representatives or sub-licensees)
suffer, sustain or incur in connection with these terms,
exercise of any rights granted under these terms or otherwise
in connection with any access or use of the Materials, including
in respect of any loss, corruption or interception of data or
breach of privacy or security.
(d) Without limiting paragraph (c), to the maximum extent permitted
by law, neither we nor Tide are not liable to you for and no
measure of damages will under any circumstances include:
(i) special, indirect, consequential, incidental or punitive
damages; or
(ii) damages for loss of profits, revenue, goodwill,
opportunity, anticipated savings or loss or corruption of
data.
(e) The exclusions and limitations of liability in this clause 8
apply regardless of the basis on which such liability arises,
whether in contract, breach of warranty, tort (including
negligence), in equity, under statute, under an indemnity or
on any other basis.
(f) You will indemnify us and hold us, Tide and each of our
directors, officers, employees and contractors harmless from
and against any loss suffered or incurred by us or any of
those indemnified, arising out of or in connection with:
(i) your or any of your sub-licensee’s access or use of any of
the Materials or any other exercise of any of the rights
granted to you under these terms in connection with any of
the Materials;
(ii) your negligence or breach of these terms;
(iii) your violation of any applicable law or infringement of any
rights (including Intellectual Property Rights) of a third
party; or
(iv) any claim made by any third party arising out of or in
connection with any Modified Materials, including any
application developed using any of the Materials, and
including in respect of infringement of any person’s
Intellectual Property Rights.
8 Termination
(a) Your License to use the Materials under clause 3(a) immediately
and automatically terminates without the need for us to give
notice to you if you breach these terms.
(b) You may terminate these terms at any time by ceasing all use
and removing all implementations of the Materials and the Tide
Protocol.
(c) Upon termination of these terms, all rights and Licenses
granted to you under these terms will also terminate and you
must immediately cease using the Materials and remove all
implementations of the Materials.
9 General
(a) You remain fully responsible and liable for the acts and
omissions of any third party to whom you subcontract the
exercise or performance any of your rights or obligations under
these terms, as if such acts and omissions were your acts and
omissions.
(b) If any part of these terms is held to be unenforceable, the
unenforceable part is to be given effect to the greatest extent
possible and the remainder will remain in full force and effect.
(c) No waiver, delay or failure by us to take any action shall
constitute or be construed as a waiver of that or any other term,
condition, option, privilege or right we may have.
(d) The word “including” when used in these terms is not a term of
limitation.
====================
End of License terms
====================
If you develop a Modified Material and want to assert your copyright,
attach the following notices to the Modified Material. It is best to
attach them to the start of each source file to most effectively state
the exclusion of warranty and each file should have at least the
“copyright” line and a pointer to where the full notice is found.
<INSERT PROGRAM NAME and PURPOSE.>
Copyright (c) <year> <name of author>
This program is free software and is subject to the terms of the Tide
Community Open Source License as published by the Tide Foundation
Limited. You may modify it and redistribute it in accordance with
and subject to the terms of that License.
This program is distributed WITHOUT WARRANTY of any kind, including
without any implied warranty of MERCHANTABILITY or FITNESS FOR A
PARTICULAR PURPOSE. See the Tide Community Open Source License for
more details.
You should have received a copy of the Tide Community Open Source
License along with this program.
If not, see https://tide.org/licenses_tcosl-1-0-en