COLLABORATIVE DEVELOPMENT LICENSING TECHNOLOGY (CDLT) (c) TERMS OF LICENSE Version 1.0 Copyright (c) 2024 Imagtek LLC USA All Rights Reserved Modification of this Agreement is Prohibited This CDLT Software License protects the Intellectual Private Property (IP) of all Contributors to this distribution while facilitating Collaborative, Free-Open-Source-Software (FOSS) Development. 'Intellectual Slavery is not Freedom' INSPECTION This license dictates Terms of Access and Use of this Distribution; both as an individual work, and as an aggregation of works. You may not be a party to any action whose aim is to litigate copyright, patent, or place under more restrictive license any CDLT licensed content. This prohibition extends to any organization of which you are an employee, contractor, agent or familiar. No component of a CDLT distribution may dictate IP forfeit or incompatible terms as a condition of use. EXTERNAL LICENSE COMPATIBILITY CDLT source code licensing is fully compatible with: Apache License 2.0 https://www.apache.org/licenses/LICENSE-2.0 MIT License https://opensource.org/licenses/MIT BSD License https://www.freebsd.org Unlicense http://unlicense.org WTFPL http://wtfpl.net Only FOSS code licensed under the above, or similar, non-restrictive licensing may be included as components of a CDLT Distribution. 'For-Fee' proprietary components may be included if their licensing permits unrestricted distribution and use upon payment of a fee, and this fee has been pre-paid and all other conditions met. DEFINITIONS A 'distribution' consists of a software application, support applications, computer source code, scripts, compiled shared-objects or libraries, text fonts, documentation, data, etc. distributed under these, or compatible, terms of license. A distribution may be a single work, or an aggregation of works. A 'version' of a distribution is the unique set of content that distinguishes it from a different version. A version may be designated via a unique code. A 'software application' is an executable computer program. A 'copyright' is legally recognized ownership of IP. Only the copyright owner may dictate terms of licensing, use, modification and distribution. A 'license' dictates legally binding terms of use and distribution for IP. Only the copyright holder of a work may dictate terms of license. 'Source code' is human readable and modifiable text written in a language that a computer can compile into an executable program, or interpret at run-time, to cause a computer to perform specific operations defined by the source code. An 'Applications Programming Interface' (API) is a public description of accessible internal control structures of a 'software application'. A 'kernel application' is an executable computer program that may optionally provide source code and an API that provides services to a Separate Work. A 'collaborative work' is an executable computer program created as a Separate Work that utilizes services provided by a kernel application via its API. It hosts additional functionality absent in the kernel application. A 'kernel developer' is the developer of a kernel application. A 'collaborative developer' is a developer who creates a collaborative work using services and the API provided by a kernel application. A 'CDLT key' is an encrypted string that enables access to a software application consisting of a kernel work, and optionally a collaborative work based upon the kernel work, via a single key. A 'trade secret' is any unique source code, script, data, or documentation that is held as IP and not subject to distribution in human readable form. A 'compatible work' means a work that permits copying, distribution, installation, and use under terms of this license; or a work rendered compatible by payment of a fee. An 'invalid work' is a distribution with content that violates any of these CDLT terms of license. An 'invalid work' has no legal existence under CDLT from inception. A CDLT distribution rendered 'invalid' by invalid content may be recovered as a valid distribution by removal of the invalid content, possibly including its replacement with compatible works. USE The grant or purchase of this license is the grant or purchase of the right to copy, inspect, install and use this intellectual property under these terms. This license does not convey or imply IP ownership transfer. COPYING, DISTRIBUTION AND INSTALLATION You may copy and distribute this work via any media or network and install it on any system. You may include this work as a component of a Compatible work, and may include Compatible works as components of this work. Any valid CDLT distribution is a compatible work to another CDLT distribution. CDLT LICENSING A version of a work is licensed in perpetuity under the release license. No license expiration date is recognized for any component of a CDLT distribution, however expiration of 'for fee' licensing renders a CDLT distribution invalid from the date of expiration. Re-enstatement of a for-fee license by payment of the fee restores the CDLT distribution to valid status. CDLT terms of license do not supercede terms of license of non-CDLT works, however terms of license of non-CDLT works shall not supercede terms of license of a CDLT distribution hosting such works. If license terms of a work are in conflict with CDLT terms of license, and this conflict cannot be removed via payment of a fee, the work is not compatible and may not be included in or host a CDLT distribution. Absence of these terms of license with a work does not invalidate these terms of license, nor their original scope, if it is demonstrable that any part of a work originated under these terms. There are 4 run-time licensing modes for CDLT executables; 'Free', 'Evaluation', 'Kernel' and 'Collaborative'. A CDLT 'Free license' grants free and unrestricted access to the kernel executable CDLT application; either at no cost or by soliciting a donation. This is the Default run-time license without access control. If access control is implemented, a CDLT 'Evaluation license' may optionally be granted from the date of first successful activation of a CDLT application. An evaluation license provides access to evaluation functionality of the kernel application version licensed. An 'evaluation license' has a limited duration defined by the kernel developer, and may be zero. If the software application is a collaborative work, evaluation access is the same as that for the kernel license. The collaborative developer defines evaluation functionality. A CDLT 'Kernel license' requires purchase from the kernel developer. A Kernel license provides access to full functionality of the kernel application version, and access level, licensed. A kernel license has an extended duration and defines multiple access levels. If the software application is a collaborative work, a 'Kernel license' provides collaborative 'Evaluation' functionality for the term of the kernel 'Evaluation license'. A CDLT 'Collaborative license' is an optional extension of the kernel license. It provides access to full functionality of a Collaborative Work version, and access level, licensed. It also provides full access to services of the Kernel Application version, and access level, licensed. A Collaborative License defines multiple access levels with access duration equal to the Kernel license. Access control is optional. CDLT offers an access control mechanism, but does not disqualify any CDLT compatible access control mechanism. If CDLT access control is present in the kernel application, a collaborative work MAY NOT implement separate access control. If a kernel application lacks access control, a collaborative work may implement access control only to non-kernel functionality. A kernel developer, and a collaborative developer, are legally separate and distinct business interests. There is no 'implied' relationship. A 'kernel work' and a 'collaborative work' are 'separate works' that exchange information across an interface described by a public API. The Legal relationship is the same as an application running on an operating system. These terms of license shall be administered under the legal jurisdiction in which the Kernel application developer is Incorporated or, absent legal incorporation, legally resides. COPYRIGHTED MATERIAL Copyrighted material shall display a copyright notice as below or similar; ------------------------------------------ Copyright (c) DeveloperEntity ------------------------------------------ A licensed work presumes existence of a Copyright holder. In the absence of a License or Copyright notice, the work is presumed in the Public Domain until such time as a verifiable Copyright holder comes forward. Work that is in the Public Domain has no restrictions on use or distribution. Only the Copyright holder may include a Copyrighted work into a CDLT distribution, unless the work is released under 'CDLT Source Code Release' or compatible non-restrictive licensing. Released material shall display the 'CDLT Source Code Release', or operationally equivalent notice to the following: ------------ CDLT SOURCE CODE RELEASE ------------ This source code, and modified copies, is licensed for unrestricted use and distribution and may not, in full or in part, be placed under more restrictive license. This source code comes with no warranty, nor any assertion of compliance or utility. Use of this code is at your own risk and you assume all liability associated with its use. -------------------------------------------------- Only the copyright holder may dissolve copyright by appending the following notice: -------------------------------------------------- Copyright (c) DeveloperEntity 'Released into the Public Domain' -------------------------------------------------- Such release within a CDLT distribution implies 'CDLT Source Code Release'. *** WARNING: Non-Retroactive Licensing Revision *** The Copyright owner of a work, or a Purchaser of Copyright, may change licensing for a work, however licensing may not be changed retroactively. Changing licensing of a work is equivalent to releasing a new version of the work. Altering terms of license of a work re-defines licensing only for future distributions of the work. CDLT distribution versions prior to the date of Licensing change retain original terms of license and use. Developers are required to be aware of, agree to, and communicate this clause before including a work as a CDLT component. Copyright holder of a work retains Copyright to the work in a CDLT Distribution and to all versions of the work that have been modified by other Developers. However, a Copyright holder cannot coerce release of modified copies held as 'Trade Secrets', nor make any claim against IP hosting the work. The Copyright holder may require a citation advising presence of their work in another work. A collaborative work developer may use, and modify, Copyrighted source code distributed in a CDLT Distribution. They may privately hold modifications to such source code as 'trade secrets' and distribute a binary application using the source code. They MAY NOT separately distribute copyrighted source code lacking a 'CDLT Source Code Release' or equivalent. The purpose of this prohibition is to prevent unauthorized forking of an application source code base, or distribution of functional code that has been corrupted. The copyright holder of source code may maintain a repository for modified copies of copyrighted source code submitted by collaborative developers, which shall include a development history of the work. Maintenance of a repository, and submission of modified source to the repository by users, is voluntary. In the absence of a repository controlled by the copyright holder, any developer in the development lineage of a work may establish such a repository with written permission of the Copyright holder; but there may be only a single repository. PROHIBITIONS You are prohibited from including in a CDLT Distribution any computer source code licensed under any version or variant of the GNU General Public License (GNU GPL), or similar so-called 'CopyLeft' viral Communist license. Presence of any such source code renders a CDLT distribution Invalid. You are prohibited from distributing software that, by conscious design, performs any undisclosed, invasive, or harmful action; or that attempts to establish a legal obligation, liability, or claim upon the user. You are prohibited from disassembling any executable program included with this distribution, modifying or deleting functionality of the CDLT access control mechanism, or interfacing with the application by any means other than the public API or CDLT source code distributed with the application. You are prohibited from using any capability supported by this application in support of a criminal enterprise as defined by Law in the jurisdiction of use. You are prohibited from distributing a work that knowingly infringes the IP of an individual or organization, or is at variance with terms of license for externally acquired IP. COLLABORATIVE WORKS AND COLLABORATIVE DEVELOPMENT You may utilize services provided by a CDLT kernel application to create a separate work with functionality absent in the original work. The added functionality is the IP of the Collaborative Developer who may restrict access via an extension of the Kernel Access control. Kernel modifications required to host a collaborative work are the IP of the kernel developer; even if created by request, specification and for a fee. If access control is absent in the kernel application, the collaborative work may implement access control independently, but may not restrict access to the kernel application. There shall not be more than one access control mechanism for a CDLT application. CDLT licensed material may be used as a FOSS component to any CDLT software application, or any application distributed under separate license. CDLT licensed source code may NOT be placed under more restrictive license. A Kernel Application, and a Collaborative Work based upon it, are legally separate and distinct works. Access levels of a kernel application and a collaborative work are specified separately and are operationally distinct. A collaborative developer may make no claim upon unique intellectual property of a Kernel Application, nor to modifications to a Kernel Application required to host a collaborative work. There is no financial obligation of a Kernel Developer to refund Kernel License fees paid by a collaborative developer in the event the collaborative work is found to be an Invalid work in violation of terms of CDLT. All works licensed for use by a Kernel Application, including copyrighted 'Fee- For-Use' works, are also licensed for any Collaborative Work of the Kernel Application. If access restriction is implemented, the kernel application developer is the sole distributor of CDLT keys that unlock the Kernel Application. If kernel access is restricted, collaborative works utilizing services of the Kernel Application must acquire CDLT keys only via the kernel application developer. A collaborative work developer may purchase a CDLT key from a kernel application developer, on behalf of an end user, for the purpose of enabling access to a collaborative work. The collaborative work developer may charge any price for a CDLT key that the end user is willing to pay. The fee for use of a Kernel Application in a Collaborative Work is the GREATER OF the fee charged for a Permanent License to the Kernel Application, or 1/2 the fee charged for a Permanent License to the Collaborative Work based upon it. The kernel developer may decline to provide a CDLT key enabling a collaborative work if the collaborative work is merely a clone of the kernel application that introduces no significant new functionality. The kernel developer is the sole judge of what constitutes 'significant new functionality'. The kernel developer is prohibited from creating a CDLT key implementing a collaborative work CDLT access code, except as specified by a license order, and then only for that single order. Collaborative works may only be distributed by the collaborative work developer, unless distribution rights are explicitly granted to a third party. All source code of a collaborative work absent in the kernel distribution, and created by the collaborative work developer, are copyrighted IP of the collaborative work developer. All other works retain their original ownership and terms of licensing, distribution and use. If CDLT access control is implemented, rigorous pre-release testing and verification of the access control mechanism is the sole responsibility of the collaborative work developer. The Kernel Application developer makes no warranties or representations regarding the efficacy or functionality of the access control mechanism, nor any other feature or capability of the Kernel Application, nor any collaborative work based upon it. A collaborative work developer may not represent themself as being legally affiliated with the kernel developer, unless such a legal affiliation is entered into mutually via explicit written contract external to this license. A kernel developer may distribute unique collaborative works that are of their own creation; as in fielding specialized collaborative works of a kernel application to address niche markets. Each such work is a separare collaborative work of the kernel application. The kernel developer's obligation to perform product support is limited to the original, unmodified kernel application, or collaborative works of their own kernel application. The collaborative work developer's obligation to perform product support is for the entire collaborative work, including the kernel application. The reason for this discrepancy is that a collaborative work may introduce subtle flaws that only the collaborative work developer has the resources to diagnose and correct. The kernel application developer may, at their discretion, make changes to the kernel application to resolve known issues with derivative works, however these changes are the IP of the kernel developer. The kernel developer's sole obligation to a collaborative work is to accurately fill a license order for a collaborative work exactly as specified, and convey the license to the provided contact. The kernel developer is under no obligation to verify or research the identity, motive or legality of any license purchase. The kernel application developer may adjust pricing of the kernel application at any time and for any reason to address market variability. Pricing may not be adjusted retroactively. Neither the kernel application developer, nor the collaborative work developer, are obligated to reveal trade secrets or software internals to any party. There is no implied contract or relationship between a kernel application developer and a collaborative work developer. A collaborative work may not encumber future development of a kernel application, except as defined by Law. GNU GPL SOURCE CODE AND CDLT COLLABORATIVE WORKS The GNU GPL Version 3, 29 June 2007 states: { A 'covered work' means either the unmodified [GNU GPL] Program or a work based on the Program. You may charge any price or no price for each copy that you convey, and you may offer support or warranty protection for a fee. } GNU GPL or similar 'CopyLeft' licensed source code is explicitly prohibited in a CDLT Distribution. You cannot use GNU GPL licensed source code in a CDLT collaborative work. Such a violation results in an Invalid Distribution. The use of CDLT licensed source code in a GNU GPL work falls under the CDLT license. A GNU GPL 'covered work' may interface with a compiled binary of a CDLT work via an API published by the CDLT work, and remain a separate work, as long as the works are distributed separately. This is because the GNU GPL has no legal claim against a separate work that provides services via an API to a GNU GPL 'covered work'. Any alternative interpretation of the GNU GPL invokes the absurdity of the GNU GPL claiming control of all systems that host or interface with a GNU GPL 'covered work'. Such an interpretation is in the Communist spirit of the GNU GPL, but is legally baseless. The only defined relation between source code of a GNU GPL 'covered work' and source code licensed under CDLT, is one where a GNU GPL covered work is 'based on' or represents a 'modified version' of a CDLT licensed work included in a GNU GPL work. In such a case, this makes the GNU GPL work a 'work based on the Program' of the CDLT work. In such a case, CDLT enforces terms of the GNU GPL against the GNU GPL licensed work with extreme prejudice. This results in forced distribution of all GNU GPL licensed source code under 'CDLT Source Code Release' as defined in this Imagtek LLC CDLT License. This forced distribution shall include all GNU GPL works in an unbounded viral association web; to include the entire LINUX operating system if an association path can be determined. INVALID CDLT DISTRIBUTIONS AND RECOURSE Any CDLT Distribution proven 'invalid' under these terms has no legal existence from Inception. All rights of distribution, copying, installation and use are Null and Void. Persons in possession of an invalid CDLT distribution must promptly cease use and distribution, destroy any physical copies, and delete its contents from any system where it is installed. Scope of damages due copyright holders of prohibited works infringed by an invalid CDLT Distribution are limited to the above actions. Scope of damages due holders of an invalid CDLT Distribution is limited to refund of money paid for access to the CDLT Distribution. The parties soliciting payment for licenses are the sole parties responsible for refund of money to end users. There shall be no recourse for consequential damages. The kernel developer has no financial or other obligations whatsoever to Derivative Work Developers whose Derivative Work distribution is found to be Invalid under this license. LIMITED KERNEL DEVELOPER LIABILITY THE KERNEL DEVELOPER MAKES NO WARRANTY OF FUNCTIONALITY OR NON-INFRINGEMENT. THE COLLABORATIVE WORK DEVELOPER SHALL PERFORM DUE DILIGENCE IN PURSUING COLLABORATIVE DEVELOPMENT AND UNCONDITIONALLY ASSUMES ALL LIABILITY FOR A COLLABORATIVE WORK, INCLUDING KERNEL FUNCTIONALITY, AS A CONDITION OF ACCESS TO THE KERNEL WORK. UNDER NO CIRCUMSTANCE OR THEORY OF LIABILITY SHALL THE KERNEL DEVELOPER BE LIABLE FOR COLLABORATIVE WORKS THAT INFRINGE THE INTELLECTUAL PROPERTY OF THIRD PARTIES, OR CAUSE LOSS OR HARM TO USERS. ALL SUCH LIABILITY IS EXPLICITLY ASSUMED IN FULL BY THE COLLABORATIVE WORK DEVELOPER. THE SOLE LIABILITY OF A KERNEL DEVELOPER UPON WRITTEN NOTIFICATION OF INFRINGEMENT OR HARM IS TO CEASE GRANTING CDLT KERNEL LICENSES TO INFRINGING COLLABORATIVE WORKS. RESOLUTION OF OTHER LIABILITY IS STRICTLY BETWEEN THE COLLABORATIVE WORK DEVELOPER AND THIRD PARTYS. The collaborative work developer unconditionally assumes all liability for conforming to local laws and ordinances related to legality of use, taxation and the regulation of commerce at the point of distribution of the collaborative work. ENCRYPTION WARNING: PERMANENT DATA LOSS HAZARD Use of Encryption exposes users to a Permanent Data-Loss Hazard. Any user of Encryption software licensed under CDLT acknowledges and accepts full responsibility for verification of correct Encryption software operation, crypto- key management, and secure un-encrypted backup of important content. There is no claim of compatibility across different Crypto systems, nor across Crypto product versions. Under no circumstance or theory of Law will developers of CDLT licensed software be liable for Decryption failure of Encrypted content. DISCLAIMER | NO END-USER WARRANTY Any user of this software acknowledges that they use this software freely and entirely their own risk. No party to the development of this software makes any representations or warranties, expressed or implied, about the suitability of this software; including but not limited to any implied warranties regarding defects, merchantability, fitness for a particular purpose, or non-infringement. To the extent allowed by Law, Developers shall not be liable under any theory of liability for damages suffered by users or other parties as a result of copying, installation, use, or abuse of this software; nor for damages caused by collaborative works based upon this software, or its components. The Kernel Developer makes no warranties or representations whatsoever regarding the kernel application or any Collaborative works, and is not liable for any defective, malicious, fraudulent or infringing Collaborative works. Any use of this software is done entirely at the risk of the user, with the knowledge that this software may contain experimental algorithms that have not been tested and certified for Life/Property critical applications. Users of this software release its Developers from liability for data loss due to Encryption Key mismanagement, or for any other reason; including defects. There shall be no recourse for direct or consequential damages from use or abuse of this software under any theory of Law. BUSINESS ENTITIES: CDLT COLLABORATIVE WORK CONTRACTED AS A 'WORK FOR HIRE' A collaborative work developed under contract as a 'work for hire' falls within the CDLT licensing agreement. Business entities wishing to specify enhancements to a kernel application for re-distribution and sale as a separate work, or for internal use, may contract for such development with any party as a 'work for hire'. New source code developed under contract, trade secrets, and licensing rights to the contracted collaborative work, are exclusively owned by the contracting entity. Contract terms of a 'work for hire' involving a CDLT distribution may not invoke violation of any CDLT Terms of License. A kernel developer and kernel application is not legally encumbered, and does not fall under any liability or constraint, as the result of any 'work for hire' involving the kernel application to which they are not a contract signatory. Under a 'work for hire' collaborative work, transfer of intellectual property ownership is strictly limited to new and unique code and processes created under explicit terms of a development contract. Such transfer does NOT extend to any existing, concurrent or ancillary kernel development that may occur outside explicit terms of a development contract, including development required to host contractually specified enhancements. Existence of a 'work for hire' does not encumber a kernel developer from pursuing any concurrent or future course of product development or distribution, except as constrained by explicit contract terms to which they are a signatory, or by Intellectual Property law.