License:HESSLA

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Name Hacktivismo Enhanced-Source Software License Agreement
URL http://www.hacktivismo.com/about/hessla.php
Comment

License text

The given value "
 TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION, USE AND/OR MODIFICATION

0. DEFINITIONS. The following are defined terms that, whenever used in
this License Agreement, have the following meanings:

0.1 Author: "Author" shall mean the copyright holder of an Original
Work (the "Program") released by the Author under this License
Agreement.

0.2 Copy: "Copy" shall mean everything and anything that constitutes a
copy according to copyright law, without limitation. A "copy" does not
become anything other than a "copy" merely because, for example, a
governmental or institutional employee duplicates the Program or a
part of it for another employee of the same institution or
Governmental Entity, or merely because it is copied from one computer
to another, or from one medium to another, or multiple copies are made
on the same medium, within the same institutional or Governmental
Entity.

0.3 Derivative Work: A "Derivative Work" or "work based on the
Program" shall mean either the Program itself or any work containing
the Program or a portion of it, either verbatim or with modifications
and/or translated into another language. (Hereinafter, translation is
included without limitation in the term "modification."). In the
unlikely event that, and to the extent that, this contractual
definition of "Derivative Work" is later determined by any tribunal or
dispute-resolution body to be different is scope from the meaning of
"derivative work" under the copyright law of any country, then the
broadest and most encompassing possible definition either the
contractual definition of "Derivative Work," or any broader and more
encompassing statutory or legal definition, shall control. Acceptance
of this contractually-defined scope of the term "Derivative Work" is a
mandatory pre-condition for You to receive any of the benefits offered
by this License Agreement.

0.3.1 Mere aggregation of another work not based on the Program with
the Program (or with a Derivative Work based on the Program) on a
volume of a storage or distribution medium does not bring the other
work under the scope of this License Agreement.

0.4 License Agreement: When used in this License Agreement, the terms
"this License" or "this License Agreement" shall mean The Hactivismo
Enhanced-Source Software License Agreement, v. 0.1, or any subsequent
version made applicable under the terms of Section 15.

0.5 Licensee: The term "Licensee" shall mean You or any other
Licensee, whether or not a Qualified Licensee.

0.6 Original Work: "Original Work" shall mean a Program or other work
of authorship, or portion thereof, that is not a Derivative Work.

0.7 Program: The "Program," to which this License Agreement applies,
is the Original Work (including, but not limited to, computer
software) released by the Author under this License Agreement.

0.8 Qualified Licensee: A "Qualified Licensee" means a Licensee that
remains in full compliance with all terms and conditions of this
License Agreement. You are no longer a Qualified Licensee if, at any
time, You violate any terms of this License Agreement. Neither the
Program nor any Software based on the Program may be copied,
distributed, performed, displayed, used or modified by You, even for
Your own purposes, unless You are a Qualified Licensee. A Licensee
other than a Qualified Licensee remains subject to all terms and
conditions of this License Agreement, and to all remedies for each
cumulative violation as set forth herein. Loss of the status of
Qualified Licensee signifies that violation of any terms of the
License Agreement subjects a Licensee to loss of most of the benefits
that Qualified Licensees enjoy under this License Agreement, and to
additional remedies for all violations occurring after the first
violation.

0.9 Software: "Software" or "the Software" shall mean the Program, any
Derivative Work based on the Program or a portion thereof, and/or any
modified version of the Program or portion thereof, without
limitation.

0.10 Source Code: The term "Source Code" shall mean the preferred form
of a Program or Original Work for making modifications to it and all
available documentation describing how to access and modify that
Program or Original Work.

0.10.1 For an executable work, complete Source Code means all the
Source Code for all modules it contains, plus any associated interface
definition files, plus the scripts used to control compilation and
installation of the executable. However, as a special exception, the
Source Code distributed need not include anything that is normally
distributed (in either source or binary form) with the major
components (compiler, kernel, and so on) of the operating system on
which the executable runs, unless that component itself accompanies
the executable.

0.10.2 "Object Code:" Because of certain peculiarities of current
export-control rules, "object code" of the Program, or any modified
version of the Program, or Derivative Work based on the Program, must
not be exported except by way of distribution that is ancillary to the
distribution of the Source Code. The "Source Code" shall be understood
as the primary content transferred or exported by You, and the "object
code" shall be considered as merely an ancillary component of any such
export distribution.

0.11 Strong Cryptography: "Strong Cryptography" shall mean
cryptography no less secure than (for example, and without limitation)
a 2048-bit minimum key size for RSA encryption, 1024-bit minimum key
size for Diffie-Hellman (El Gamal), or a 256-bit minimum key size for
AES and similar symmetric ciphers.

0.12 Substandard Key-Selection Technique: The term "Substandard
Key-Selection Technique" shall mean a method or technique to cause
encryption keys to be more easily guessed or less secure, such as by
(i) causing the selection of keys to be less than random, or (ii)
employing a selection process that selects among only a subset of
possible keys, instead of from among the largest set of possible keys
that can securely be used consistent with contemporary knowledge about
the cryptographic techniques employed by You. The following
illustrations elaborate on the foregoing definition:

0.12.1 If the key-generation or key-selection technique for the
encryption algorithm You employ involves the selection of one or more
prime numbers, or involves one or more mathematical functions or
concatenations performed on one or more prime numbers, then each prime
number should be selected from a very large set of candidate prime
numbers, but not necessarily from the set of all possible prime
numbers (e.g., inclusion of the number 1 in the candidate set, for
example, may in some instances reduce rather than enhance security),
and absolutely not from any artificially small set of candidate primes
that makes the guessing of a key easier than would be the case if a
secure key-generation technique were employed. In all instances, the
primes should be selected at random from among the candidate set. If
there is a customary industry standard for maximizing the security
associated with the key-generation or key-selection technique for the
cryptosystem You select, then (with attention also to the requirements
of Section 0.11), You should employ a key-generation or selection
technique no less secure than the customary industry standard for
secure use of the cryptosystem.

0.12.2 If the key-generation or key-selection technique for the
encryption algorithm You employ involves the selection of a random
integer, or the transformation of a random integer through one or more
mathematical processes, then the selection of the integer shall be at
random from the largest possible set of all possible integers
consistent with the secure functioning of the encryption algorithm. It
shall not be selected from an artificially small set of integers
(e.g., if a 256-bit random integer serves as the key, then You could
not set 200 of the 256 bits as "0," and randomly generate only the
remaining 56 bits producing effectively a 56-bit keylength instead of
using the full 256 bits).

0.12.3 In other words, Your key-generation technique must promote
security to the maximum extent permitted by the cryptographic
method(s) and keylength You elect to employ, rather than facilitating
eavesdropping or surveillance in any way. The example of GSM
telephones, in which 16 of 56 bits in each encryption key were set at
"0," thereby reducing the security of the system by a factor of
65,536, is particularly salient. Such artificial techniques to reduce
the security of a cryptosystem by selecting keys from only a
less-secure or suboptimal subset of possible keys, is prohibited and
will violate this License Agreement if any such technique is employed
in any Software.

0.13 You: Each Licensee (including, without limitation, Licensees that
have violated the License Agreement and who are no longer Qualified
Licensees, but who nevertheless remain subject to all requirements of
this License Agreement and to all cumulative remedies for each
successive violation), is referred to as "You."

0.13.1 Governmental Entity: "You" explicitly includes any and all
"Governmental Entities," without limitation. "Governmental Entity" or
"Governmental Entities," when used in this License Agreement, shall
mean national governments, sub-national governments (for example, and
without limitation, provincial, state, regional, local and municipal
governments, autonomous governing units, special districts, and other
such entities), governmental subunits (without limitation,
governmental agencies, offices, departments, government corporations,
and the like), supra-national governmental entities such as the
European Union, and entities through which one or more governments
perform governmental functions or exercise governmental power in
coordination, cooperation or unison.

0.13.2 Governmental Person: "You" also explicitly includes
"Governmental Persons." The terms "Governmental Person" or
"Governmental Persons," when used in this License Agreement, shall
mean the officials, officers, employees, representatives, contractors
and agents of any Governmental Entity.

1. Application of License Agreement. This License Agreement applies to
any Program or other Original Work of authorship that contains a
notice placed by the Author saying it may be distributed under the
terms of this License Agreement. The preferred manner of placing such
a notice is to include the following statement immediately after the
copyright notice for such an Original Work:

    "Licensed under the Hacktivismo Enhanced-Source Software License
    Agreement, Version 0.1"

2. Means of Acceptance Use, Copying, Distribution or Modification By
Anyone Constitutes Acceptance. Subject to Section 14.1 (concerning the
special case of certain Governmental Entities) any copying,
modification, distribution, or use by You of the Program or any
Software, shall constitute Your acceptance of all terms and conditions
of this License Agreement.

2.1 As a Licensee, You may not authorize, permit, or enable any person
to use the Program or any Software or Derivative Work based on it
(including any use of Your copy or copies of the Program) unless such
person has accepted this License Agreement and has become a Licensee
subject to all its terms and conditions.

2.2 You may not make any copy for Your own use unless You have
accepted this License Agreement and subjected yourself to all its
terms and conditions.

2.3 You may not make a copy for the use of any other person, or
transfer a copy to any other person, unless such person is a Licensee
that has accepted this License Agreement and such person is subject to
all terms and conditions of this License Agreement.

2.4 It is not the position of Hacktivismo that copyright law confers
an exclusive right to use, as opposed to the exclusive right to copy
the Software. However, for purposes of contract law, any use of the
Software shall be considered to constitute acceptance of this License
Agreement. Moreover, all copying is prohibited unless the recipient of
a copy has accepted the License Agreement. Because each such recipient
Licensee is contractually obligated not to permit anyone to access,
use, or secure a copy of the Software, without first accepting the
terms and conditions of this License Agreement, use by non-Licensees
is effectively prohibited contractually because nobody can obtain a
copy of, or access to a copy of, any Software without (1) accepting
the License Agreement through use, and (2) triggering some Licensee's
obligation to require acceptance as a precondition of copying or
access.

3. "Qualified Licensee" Requirement: Neither the Program nor any
Software or Derivative Work based on the Program may be copied,
distributed, displayed, performed, used or modified by You, even for
Your own purposes, unless You are a "Qualified Licensee." To remain a
Qualified Licensee, You must remain in full compliance with all terms
and conditions of this License Agreement.

4. License Agreement Is Exclusive Source of All Your Rights:

4.1 You may not copy, modify, or distribute the Program, or obtain any
copy, except as expressly provided under this License Agreement. Any
attempt otherwise to copy, modify, obtain a copy, sublicense or
distribute the Program is void, and will automatically terminate Your
rights under this License Agreement and subject You to all cumulative
remedies for each successive violation that may be available to the
Author. However, Qualified Licensees who have received copies from You
(and thereby have received rights from the Author) under this License
Agreement, and who would otherwise qualify as Qualified Licensees,
will not have their rights under their License Agreements suspended or
restricted on account of anything You do, so long as such parties
remain in full compliance.

4.2 You are not required to accept this License Agreement and prior to
the time You elect to become a Licensee and accept this License
Agreement, You may always elect instead not to copy, use, modify,
distribute, compile, or perform the Program or any Software released
under this License Agreement. However, nothing else grants You
permission to copy, to obtain or possess a copy, to compile a copy in
object code or executable code from a copy in source code, to modify,
or to distribute the Program or any Software based on the
Program. These actions are prohibited by law if You do not accept this
License Agreement. Additionally, as set forth in Section 2, any use,
copying or modification of the Software constitutes acceptance of this
License Agreement by You.

4.3 Each time You redistribute the Program (or any Software or
Derivative Work based on the Program), the recipient automatically
receives a License Agreement from the Author to copy, distribute,
modify, perform or display the Software, subject to the terms and
conditions of this License Agreement. You may not impose any further
restrictions on the recipients' exercise of the rights granted
herein. You are not responsible for enforcing compliance by third
parties to this License Agreement. Enforcement is the responsibility
of the Author.

5. Grant of Source Code License.

5.1 Source Code Always Available from Author: Author hereby promises
and agrees except to the extent prohibited by export-control law to
provide a machine-readable copy of the Source Code of the Program at
the request of any Licensee. Author reserves the right to satisfy this
obligation by placing a machine-readable copy of the Source Code of
the most current version of the Program in an information repository
reasonably calculated to permit inexpensive and convenient access by
You for so long as Author continues to distribute the Program, and by
publishing the address of that information repository in a notice
immediately following the copyright notice that applies to the
Program. Every copy of the Program distributed by Hacktivismo (but not
necessarily every other Author) consists of the Source Code
accompanied, in some instances, by an ancillary distribution of
compiled Object Code, but the continued availability of the Source
Code from the Author addresses the possibility that You might have
(for any reason) not received from someone else a complete, current,
copy of the Source Code (lack of which would, for example, prevent You
from exporting copies to others without violating this license, see
Section 8).

5.2 Grant of License. If and only if, and for so long as You remain a
Qualified Licensee, in accordance with Section 3 of this License
Agreement, Author hereby grants You a world-wide, royalty-free,
non-exclusive, non-sublicensable copyright license to do the
following:

5.2.1 to reproduce the Source Code of the Program in copies;

5.2.2 to prepare Derivative Works based upon the Program and to edit
or modify the Source Code in the process of preparing such Derivative
Works;

5.2.3 to distribute copies of the Source Code of the Original Work
and/or of Derivative Works to others, with the proviso that copies of
Original Work or Derivative Works that You distribute shall be
licensed under this License Agreement, and that You shall fully inform
all recipients of the terms of this License Agreement.

6. Grant of Copyright License. If and only if, and for so long as You
remain a Qualified Licensee, in accordance with Section 3 of this
License Agreement, Author hereby grants You a world-wide,
royalty-free, non-exclusive, non-sublicensable license to do the
following:

6.1 to reproduce the Program in copies;

6.2 to prepare Derivative Works based upon the Program, or upon
Software that itself is based on the Program;

6.3 to distribute (either by distributing the Source Code, or by
distributing compiled Object Code, but any export of Object Code must
be ancillary to a distribution of Source Code) copies of the Program
and Derivative Works to others, with the proviso that copies of the
Program or Derivative Works that You distribute shall be licensed
under this License Agreement, that You shall fully inform all
recipients of the terms of this License Agreement;

6.4 to perform the Program or a Derivative Work publicly;

6.5 to display the Program or a Derivative Work publicly; and

6.6 to charge a fee for the physical act of transferring a copy of the
Program (You may also, at Your option, offer warranty protection in
exchange for a fee).

7. Grant of Patent License. If and only if, and for so long as You
remain a Qualified Licensee, in accordance with Section 3 of this
License Agreement, Author hereby grants You a world-wide,
royalty-free, non-exclusive, non-sublicensable license Agreement,
under patent claims owned or controlled by the Author that are
embodied in the Program as furnished by the Author ("Licensed Claims")
to make, use, sell and offer for sale the Program. Subject to the
proviso that You grant all Licensees a world-wide, non-exclusive,
royalty-free license under any patent claims embodied in any
Derivative Work furnished by You, Author hereby grants You a
world-wide, royalty-free, non-exclusive, non-sublicensable license
under the Licensed Claims to make, use, sell and offer for sale
Derivative Works.

8. Exclusions From License Agreement Grants. Nothing in this License
Agreement shall be deemed to grant any rights to trademarks,
copyrights, patents, trade secrets or any other intellectual property
of Licensor except as expressly stated herein. No patent license is
granted to make, use, sell or offer to sell embodiments of any patent
claims other than the Licensed Claims defined in Section 7. No right
is granted to the trademarks of Author even if such marks are included
in the Program. Nothing in this License Agreement shall be interpreted
to prohibit Author from licensing under additional or different terms
from this License Agreement any Original Work, Program, or Derivative
Work that Author otherwise would have a right to License.

8.1 Implied Endorsements Prohibited. Neither the name of the Author
(in the case of Programs and Original Works released by Hacktivismo,
the name "Hacktivismo"), nor the names of contributors who helped
produce the Program may be used to endorse or promote modifications of
the Program, any Derivative Work, or any Software other than the
Program, without specific prior written permission of the
Author. Neither the name of Hacktivismo nor the names of any
contributors who helped write the Program may be used to endorse or
promote any Program or Software released under this License Agreement
by any person other than Hacktivismo.

9. Modifications and Derivative Works. Only Qualified Licensees may
modify the Software or prepare or distribute Derivative Works. If You
are a Qualified Licensee, Your authorization to modify the Software or
prepare or distribute Derivative Works (including permission to
prepare and/or distribute Derivative Works, as provided in Sections
5.2.2, 5.2.3, 6.2, 6.3, and 6.6) is subject to each and all of the
following mandatory terms and conditions (9.1 through 9.6, inclusive):

9.1 You must cause the modified files to carry prominent notices
stating that You changed the files and the date of any change;

9.2 If the modified Software normally reads commands interactively
when run, You must cause it, when started running for such interactive
use in the most ordinary way, to print or display an announcement
including an appropriate copyright notice and a notice that there is
no warranty (or else, saying that You provide a warranty) and that
users may redistribute the program under this License Agreement, and
telling the user how to view a copy of this License
Agreement. (Exception: if the Program itself is interactive but does
not normally print such an announcement, Your Derivative Work based on
the Program is not required to print an announcement.);

9.3 Any Program, Software, or modification thereof copied or
distributed by You, that incorporates any portion of the Original
Work, must not contain any code or functionality that subverts the
security of the Software or the end-user's expectations of privacy,
anonymity, confidentiality, authenticity, and trust, including
(without limitation) any code or functionality that introduces any
"backdoor," escrow mechanism, "spy-ware," or surveillance techniques
or methods into any such Program, Software, or modification thereof;

9.4 Any Program, Software, or modification thereof copied or
distributed by You, that employs any cryptographic or other security,
privacy, confidentiality, authenticity, and/or trust methods or
techniques, including without limitation any Derivative Work that
includes any changes or modifications to any cryptographic techniques
in the Program, shall employ Strong Cryptography.

9.5 Any Program, Software, or modification thereof copied or
distributed by You, if it contains any key-generation or selection
technique, must not employ any Substandard Key-Selection Technique.

9.6 No Program or Software copied or distributed by You may transmit
or communicate any symmetric key, any "private key" if an asymmetric
cryptosystem is employed, or any part of such key, nor may it
otherwise make any such key or part of such key known, to any person
other than the end-user who generated the key, without the active
consent and participation of that individual end-user. If a private or
symmetric key is stored or recorded in any manner, it must not be
stored or recorded in plaintext, and it must be protected from reading
(at a minimum) by use of a password. Use of steganography or other
techniques to disguise the fact that a private or symmetric key is
even stored is strongly encouraged, but not absolutely required.

10. Use Restrictions: Human Rights Violations Prohibited.

10.1 Neither the Program, nor any Software or Derivative Work based on
the Program may used by You for any of the following purposes (10.1.1
through 10.1.5, inclusive):

10.1.1 to violate or infringe any human rights or to deprive any
person of human rights, including, without limitation, rights of
privacy, security, collective action, expression, political freedom,
due process of law, and individual conscience;

10.1.2 to gather evidence against any person to be used to deprive any
person of human rights;

10.1.3 any other use as a part of any project or activity to deprive
any person of human rights, including not only the above-listed
rights, but also rights of physical security, liberty from physical
restraint or incarceration, freedom from slavery, freedom from
torture, freedom to take part in government, either directly or
through lawfully elected representatives, and/or freedom from
self-incrimination;

10.1.4 any surveillance, espionage, or monitoring of individuals,
whether done by a Governmental Entity, a Governmental Person, or by
any non-governmental person or entity;

10.1.5 censorship or "filtering" of any published information or expression.

10.2 Additionally, the Program, any modification of it, or any
Software or Derivative Work based on the Program may not be used by
any Governmental Entity or other institution that has any policy or
practice (whether official or unofficial) of violating the human
rights of any persons.

10.3 You may not authorize, permit, or enable any person (including,
without limitation, any Governmental Entity or Governmental Person) to
use the Program or any Software or Derivative Work based on it
(including any use of Your copy or copies of the Program) unless such
person has accepted this License Agreement and has become a Licensee
subject to all its terms and conditions, including (without
limitation) the use restrictions embodied in Section 10.1 and 10.2,
inclusive.

11. All Export Distributions Must Consist of or Be Ancillary to
Distribution of Source Code. Because of certain peculiarities of
current export-control law, any distribution by You of the Program or
any Software may be in the form of Source Code only, or in the form or
Source Code accompanied by compiled Object Code, but You may not
export any Software in the form of compiled Object Code only. Such an
export distribution of compiled executable code must in all cases be
ancillary to a distribution of the complete corresponding
machine-readable source code, which must be distributed on a medium,
or by a method, customarily used for software interchange.

12. EXPORT LAWS: THIS LICENSE AGREEMENT ADDS NO RESTRICTIONS TO THE
EXPORT LAWS OF YOUR JURISDICTION. It is Your responsibility to comply
with any export regulations applicable in Your jurisdiction. From the
United States, Canada, or many countries in Europe, export or
transmission of this Software to certain embargoed destinations
(including, but not necessarily limited to, Cuba, Iran, Iraq, Libya,
North Korea, Sudan, and Syria), may be prohibited. If Hacktivismo is
identified as the Author of the Program (and it is not the property of
some other Author), then export to any national of Cuba, Iran, Iraq,
Libya, North Korea, Sudan or Syria, or into the territory of any of
these countries, by any Licensee who has received this Software
directly from Hacktivismo or from the Cult of the Dead Cow, or any of
their members, is contractually prohibited and will constitute a
violation of this License Agreement. You are advised to consult the
current laws of any and all countries whose laws may apply to You,
before exporting this Software to any destination. Special care should
be taken to avoid export to any embargoed destination. An Author other
than Hacktivismo may substitute that Author's legal name for
"Hacktivismo" in this Paragraph, in relation to any Program released
by that Author under this Paragraph.

13. Contrary Judgments, Settlements and Court Orders. If, as a
consequence of a court judgment or allegation of patent infringement
or for any other reason (not limited to patent issues), conditions are
imposed on You (whether by court order, agreement or otherwise) that
contradict the conditions of this License Agreement, they do not
excuse You from the conditions of this License Agreement. If You
cannot distribute so as to satisfy simultaneously Your obligations
under this License Agreement and any other pertinent obligations, then
as a consequence You may not distribute the Software at all. For
example, if a patent license would not permit royalty-free
redistribution of the Program by all those who receive copies directly
or indirectly through You, then the only way You could satisfy both it
and this License Agreement would be to refrain entirely from
distribution of the Program.

It is not the purpose of this Section 13 to induce You to infringe any
patents or other property right claims or to contest validity of any
such claims; this Section has the sole purpose of protecting the
integrity of the software distribution system reflected in this
License Agreement, which is implemented by public license
practices. Many people have made generous contributions to the wide
range of software distributed through related distribution systems, in
reliance on consistent application of such distribution systems; it is
up to the Author/donor to decide if he or she is willing to distribute
software through any other system and a Licensee cannot impose that
choice.

14. Governmental Entities: Any Governmental Entity ("Governmental
Entity" is defined broadly as set forth in Section 0.13.1) or
Governmental Person (as "Governmental Person" is defined broadly in
Section 0.13.2), that uses, modifies, changes, copies, displays,
performs, or distributes the Program, or any Software or Derivative
Work based on the Program, may do so if and only if all of the
following terms and conditions (14.1 through 14.10, inclusive) are
agreed to and fully met:

14.1 If it is the position of any Governmental Entity (or, in the case
of any "Governmental Person," if it is the position of that
Governmental Person's Governmental Entity) that any doctrine or
doctrines of law (including, without limitation, any doctrine(s) of
immunity or any formalities of contract formation) may render this
License Agreement unenforceable or less than fully enforceable against
such Governmental Entity, or any Governmental Person of such
Governmental Entity, then prior to any use, modification, change,
display, performance, copy or distribution of the Program, or of any
Software or Derivative Work based on the Program, or any part thereof,
by the Governmental Entity, or by any Governmental Person of that
Governmental Entity, the Governmental Entity shall be required to
inform the Author in writing of each such doctrine that is believed to
render this License Agreement or any part of it less than fully
enforceable against such Governmental Entity or any Governmental
Person of such entity, and to explain in reasonable detail what
additional steps, if taken, would render the License Agreement fully
enforceable against such entity or person. Failure to provide the
required written notice to the Author in advance of any such use,
modification, change, display, performance, copy or distribution,
shall constitute an irrevocable and conclusive waiver of any and all
reliance on any doctrine, by the Governmental Entity, that is not
included or that is omitted from the required written notice (failure
to provide any written notice means all reliance on any doctrine is
irrevocably waived). Any Governmental Entity that provides written
notice under this subsection is prohibited, as are all of the
Governmental Persons of such Governmental Entity, from making any use,
change, display, performance, copy, modification or distribution of
the Software or any part thereof, until such time as a License
Agreement is in place, agreed upon by the Author and by the
Governmental Entity, that such entity concedes is
fully-enforceable. Any use, modification, change, display,
performance, copy, or distribution following written notice under this
Paragraph, but without the implementation of an agreement as provided
herein, shall constitute an irrevocable and conclusive waiver by the
Governmental Entity (and any and all Governmental Persons of such
Governmental Entity) of any and all reliance on any legal doctrine
either referenced in such written notice or omitted from it.

14.2 Any Governmental Entity that uses, copies, changes, modifies, or
distributes, the Software or any part or portion thereof, or any
Governmental Person who does so (whether that person's Governmental
Entity contends the person's action was, or was not, authorized or
official), permanently and irrevocably waives any defense based on
sovereign immunity, official immunity, the Act of State Doctrine, or
any other form of immunity, that might otherwise apply as a defense
to, or a bar against, any legal action based on the terms of this
License Agreement.

14.2.1 With respect to any enforcement action brought by the Author in
a United States court against a foreign Governmental Entity, the
waiver by any Governmental Entity as provided in Subparagraphs 14.1
and 14.2 is hereby expressly acknowledged by each such Governmental
Entity to constitute a "case . . . in which the foreign state has
waived its immunity," within the scope of 28 U.S.C. � 1605(a)(1) of
the Foreign Sovereign Immunities Act of 1976 (as amended). Each such
Governmental Entity also specifically agrees and concedes that the
"commercial activity" exceptions to the FSIA, 28 U.S.C. � 1605(a)(2),
(3) are also applicable. With respect to an action brought against the
United States or any United States Governmental Entity, in the courts
of any country, the U.S. Governmental Entity shall be understood to
have voluntarily agreed to a corresponding waiver of immunity from
actions in the courts of any other sovereign.

14.2.2 With respect to any enforcement action brought by an authorized
end-user (as a third-party beneficiary, under the terms of
Subparagraphs 14.3 and 14.10) in a United States court against a
foreign Governmental Entity, the waiver by any Governmental Entity as
provided in Subparagraphs 14.1 and 14.2 is hereby expressly
acknowledged by each such Governmental Entity to constitute a "case
. . . in which the foreign state has waived its immunity," within the
scope of 28 U.S.C. � 1605(a)(1) of the Foreign Sovereign Immunities
Act of 1976 (as amended). . Each such Governmental Entity also
specifically agrees and concedes that the "commercial activity"
exceptions to the FSIA, 28 U.S.C. � 1605(a)(2), (3) are also
applicable. With respect to an action brought against the United
States or any United States Governmental Entity, in the courts of any
country, the U.S. Governmental Entity shall be understood to have
voluntarily agreed to a corresponding waiver of immunity from actions
in the courts of any other sovereign.

14.2.3 With respect to any action or effort by the Author in the
United States to execute a judgment against a foreign Governmental
Entity, by attaching or executing process against the property of such
Governmental Entity, the waiver by any Governmental Entity as provided
in Subparagraphs 14.1 and 14.2 is hereby expressly acknowledged by
each such Governmental Entity to constitute a case in which "the
foreign state has waived its immunity from attachment in aid of
execution or from execution," in accordance with 28 U.S.C. �
1610(a)(1) of the Foreign Sovereign Immunities Act of 1976 (as
amended). Each such Governmental Entity also specifically agrees and
concedes that the "commercial activity" exceptions to the FSIA, 28
U.S.C. � 1610(a)(2), (d) are also applicable. With respect to an
action brought against the United States or any United States
Governmental Entity, in the courts of any country, the
U.S. Governmental Entity shall be understood to have voluntarily
agreed to a corresponding waiver of immunity from actions in the
courts of any other sovereign.

14.2.4 With respect to any action or effort brought by an authorized
end-user (as a third-party beneficiary, in accordance with
Subparagraphs 14.3 and 14.10) in the United States to execute a
judgment against a foreign Governmental Entity, by attaching or
executing process against the property of such Governmental Entity,
the waiver by any Governmental Entity as provided in Subparagraphs
14.1 and 14.2 is hereby expressly acknowledged by each such
Governmental Entity to constitute a case in which "the foreign state
has waived its immunity from attachment in aid of execution or from
execution," in accordance with 28 U.S.C. � 1610(a)(1) of the Foreign
Sovereign Immunities Act of 1976 (as amended). Each such Governmental
Entity also specifically agrees and concedes that the "commercial
activity" exceptions to the FSIA, 28 U.S.C. � 1610(a)(2), (d) are
also applicable. With respect to an action brought against the United
States or any United States Governmental Entity, in the courts of any
country, the U.S. Governmental Entity shall be understood to have
voluntarily agreed to a corresponding waiver of immunity from actions
in the courts of any other sovereign.

14.3 Any Governmental Entity that uses, copies, changes, modifies,
displays, performs, or distributes the Software or any part thereof,
or any Governmental Person who does so (whether that person's
Governmental Entity contends the person's action was, or was not,
authorized or official), and thereby violates any terms and conditions
of Section 9 (restrictions on modification), or Paragraph 10 (use
restrictions), agrees that the person or entity is subject not only to
an action by the Author, for the enforcement of this License Agreement
and for money damages and injunctive relief (as well as attorneys'
fees, additional and statutory damages, and other remedies as provided
by law), but such Governmental Entity and/or Person also shall be
subject to a suit for money damages and injunctive relief by any
person whose human rights have been violated or infringed, in
violation of this License Agreement, or through the use of any
Software in violation of this License Agreement. Any person who brings
an action under this section against any Governmental Person or Entity
must notify the Author promptly of the action and provide the Author
the opportunity to intervene to assert the Author's own
rights. Damages in such a third-party action shall be measured by the
severity of the human rights violation and the copyright infringement
or License Agreement violation, combined, and not merely by reference
to the copyright infringement. All end-users, to the extent that they
are entitled to bring suit against such Governmental Entity by way of
this License Agreement, are intended third-party beneficiaries of this
License Agreement. Punitive damages may be awarded in such a
third-party action against a Governmental Entity or Governmental
Person, and each and every such Governmental Entity or Person
conclusively waives all restrictions on the amount of punitive
damages, and all defenses to the award of punitive damages to the
extend such limitations or defenses depend upon or are a function of
such person or entity's status as a Governmental Person or
Governmental Entity.

14.4 Any State of the United States, or any subunit or Governmental
Entity thereof, that uses, copies, changes, modifies, displays,
performs, or distributes the Software of any part thereof, or any of
whose Governmental Persons does so (whether that person's Governmental
Entity contends the person's action was, or was not, authorized or
official), unconditionally and irrevocably waives for purposes of any
legal action (i) to enforce this License Agreement, (ii) to remedy
infringement of the Author's copyright, or (iii) to invoke any of the
third-party beneficiary rights set forth in Section 14.3 -- any
immunity under the Eleventh Amendment of the United States
Constitution or any other immunity doctrine (such as sovereign
immunity or qualified, or other, official immunity) that may apply to
state governments, subunits, or to their Governmental Persons.

14.5 Any Governmental Entity (including, without limitation, any State
of the United States), that uses, copies, changes, modifies, performs,
displays, or distributes the Software or any part thereof, or any of
whose Governmental Persons does so (whether that person's Governmental
Entity contends the person's action was, or was not, authorized or
official), unconditionally and irrevocably waives for purposes of any
legal action (i) to enforce this License Agreement, (ii) to remedy
infringement of the Author's copyright, or (iii) to invoke any of the
third-party beneficiary rights set forth in Section 14.3 any doctrine
(such as, but not limited to, the holding in the United States Supreme
Court decision of Ex Parte Young) that might purport to limit remedies
solely to prospective injunctive relief. Also explicitly and
irrevocably waived is any underlying immunity doctrine that would
require the recognition of such a limited exception for purposes of
remedies. The remedies against such governmental entities and persons
shall explicitly include money damages, additional damages, statutory
damages, consequential damages, exemplary damages, punitive damages,
costs and fees that might otherwise be barred or limited in amount on
account of governmental status.

14.6 Any Governmental Entity that uses, copies, changes, modifies,
displays, performs, or distributes the Software or any part thereof,
or any of whose Governmental Persons does so (whether that person's
Governmental Entity contends the person's action was, or was not,
authorized or official), unconditionally and irrevocably waives for
purposes of any legal action (i) to enforce this License Agreement,
(ii) to remedy infringement of the Author's copyright, or (iii) to
invoke any of the third-party beneficiary rights set forth in Section
14.3 any and all reliance on the Act of State doctrine, sovereign
immunity, international comity, or any other doctrine of immunity
whether such doctrine is recognized in that government's own courts,
or in the courts of any other government or nation.

14.6.1 Consistent with Subparagraphs 14.2.1 through 14.2.4, this
waiver shall explicitly be understood to constitute a waiver not only
against suit, but also against execution against property, for
purposes of the Foreign Sovereign Immunities Act of 1976 (as
amended). All United States Governmental Entities shall be understood
to have agreed to a corresponding waiver of immunity against (i) suit
in the courts of other sovereigns, and (ii) execution against property
of the United States located within the territory of other countries.

14.7 Governmental Persons, (i) who violate this License Agreement
(whether that person's Governmental Entity contends the person's
action was, or was not, authorized or official), or (ii) who are
personally involved in any activity, policy or practice of a
governmental entity that violates this License Agreement (whether that
person's Governmental Entity contends the person's action was, or was
not, authorized or official), or (iii) that use, copy, change, modify,
perform, display or distribute, the Software or any part thereof, when
their Governmental Entity is not permitted to do so, or is not a
Qualified Licensee, or has violated the terms of this License
Agreement, each and all individually waive and shall not be permitted
to assert any defense of official immunity, "good faith" immunity,
qualified immunity, absolute immunity, or other immunity based on his
or her governmental status.

14.8 No Governmental Entity, nor any Governmental Person thereof may,
by legislative, regulatory, or other action, exempt such Governmental
Entity, subunit, or person, from the terms of this License Agreement,
if the Governmental Entity or any such person has voluntarily used,
modified, copied, displayed, performed, or distributed the Software or
any part thereof.

14.9 Enforcement In Courts of Other Sovereigns Permitted. By using,
modifying, changing, displaying, performing or distributing any
Software covered by this License Agreement, any Governmental Entity
hereby voluntarily and irrevocably consents, for purposes of (i) any
action to enforce the terms of this License Agreement, and (ii) any
action to enforce the Author's copyright (whether such suit be for
injunctive relief, damages, or both) to the jurisdiction of any court
or tribunal in any other country (or a court of competent jurisdiction
of a subunit, province, or state of such country) in which the terms
of this License Agreement are believed by the Author to be
enforceable. Each such Governmental Entity hereby waives all
objections to personal jurisdiction, all objections based on
international comity, all objections based on the doctrine of forum
non conveniens, and all objections based on sovereign or governmental
status or immunity that might otherwise be asserted in the courts of
some other sovereign.

14.9.1 The Waiver by any Governmental Entity of a country other than
the United States shall be understood explicitly to constitute a
waiver for purposes of the Foreign Sovereign Immunities Act of 1976
(see Subparagraphs 14.2.1to 14.2.4, inclusive, supra), and all United
States Governmental Entities shall be understood to have agreed to a
waive correspondingly broad in scope with respect to actions brought
in the courts of other sovereigns.

14.9.2 Forum Selection Non-U.S. Governmental Entities. Governmental
Entities that are not United States Governmental Entities shall be
subject to suit, and agree to be subject to suit, in the United States
District Court for the District of Columbia. The Author or an
authorized end-user may bring an action in another court in another
country, but the United States District Court for the District of
Columbia, shall always be available as an agreed-upon forum for such
an action. At the optional election of any Author (or, in the case of
a third-party claim, any end-user asserting rights under Subparagraphs
14.3 and 14.10), such a suit against a non-U.S. Governmental Entity or
Person may be brought in the United States District Court for the
Southern District of New York, or the United States District Court for
the Northern District of California, as a direct substitute for the
United States District Court for the District of Columbia, for all
purposes of this Subparagraph.

14.9.3 Forum Selection U.S. Governmental Entities. All United States
Governmental Entities shall be subject to suit, and agree to be
subject to suit, in the following (non-exclusive) list of fora:
Ottawa, Canada, London, England, and Paris, France. The Author or an
authorized end-user may bring action in another court that can
exercise jurisdiction. But the courts in these three locations shall
always be available (at the option of the Author or an authorized
end-user) as a forum for resolving any dispute with the United States
or a governmental subunit thereof. Except as provided in Subparagraph
14.10, any and all United States Governmental Persons shall be subject
to suit wherever applicable rules of personal jurisdiction and venue
shall permit such suit to be filed, but no such United States
Governmental Person may assert any defense based on forum non
conveniens or international comity, to the selection of any particular
lawful venue.

14.10 Enforcement Of Claims For Human Rights Violations. By using,
copying, modifying, changing, performing, displaying or distributing
the Software covered by this License Agreement, any Governmental
Entity, or Governmental Person hereby voluntarily and irrevocably
consents -- for purposes of any third-party action to remedy human
rights violations and other violations of this License Agreement (as
reflected in Section 14.3) -- to the jurisdiction of any court or
tribunal in any other country (or a court of competent jurisdiction of
a subunit, province, or state of such country) in which the
third-party beneficiary reasonably believes the relevant terms of this
License Agreement are enforceable. The Governmental Entity or Person
hereby waives all objections to personal jurisdiction, all objections
based on international comity, all objections based on the doctrine of
forum non conveniens, and all objections based on sovereign or
governmental status or immunity that might otherwise be asserted in
the courts of some other sovereign.

14.10.1 Waiver of Immunity and Forum Selection. The presumptively
valid and preferred fora identified in Subparagraphs 14.9.2 and 14.9.3
shall also apply for purposes of Subparagraph 14.10. All Governmental
Entities are subject to the same Waiver of Immunity as set forth in
Subparagraphs 14.2.1 to 14.2.4, inclusive.

15. Subsequent Versions of HESSLA. Hacktivismo may publish revised
and/or new versions of the Hacktivismo Enhanced-Source Software
License Agreement from time to time. Such new versions will be similar
in spirit to the present version, but may differ in detail to address
new problems or concerns.

Each version is given a distinguishing version number. Any Program
released by Hacktivismo under a version of this License Agreement
prior to Version 1.0, shall be considered released under Version 1.0
of the Hacktivismo Enhanced-Source Software License Agreement, once
Version 1.0 is formally released. Prior to Version 1.0, any Software
released by Hacktivismo or a Licensee of Hacktivismo under a
lower-numbered version of the HESSLA shall be considered automatically
to be subject to a higher-number version of the HESSLA, whenever a
later-numbered version has been released.

Concerning the work of any other Author, if the Program specifies a
version number of this License Agreement which applies to it and "any
later version," You have the option of following the terms and
conditions either of that version or of any later version published by
Hacktivismo. If the Program does not specify a version number of this
License Agreement, You may choose any version after 1.0, once version
1.0 is published by Hacktivismo, and prior to publication of version
1.0, You may choose any version of the Hacktivismo Software License
Agreement then published by Hacktivismo. If the Program released by
another Author, specifies only a version number, then that version
number only shall apply. If "the latest version," is specified, then
the latest version of the HESSLA published on the Hacktivismo Website
shall always apply at all times.

16. DISCLAIMER OF WARRANTY. THE SOFTWARE IS PROVIDED UNDER THIS
LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY, EITHER EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTY OF
NON-INFRINGEMENT AND WARRANTIES THAT THE ORIGINAL WORK IS MERCHANTABLE
OR FIT FOR A PARTICULAR PURPOSE. THE SOFTWARE IS PROVIDED WITH ALL
FAULTS. THE ENTIRE RISK AS TO THE QUALITY OF THE ORIGINAL WORK IS WITH
YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL
NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY
CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO LICENSE TO ORIGINAL
WORK IS GRANTED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

17. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL
THEORY, WHETHER TORT (INCLUDING THE AUTHOR'S NEGLIGENCE), CONTRACT, OR
OTHERWISE, SHALL THE AUTHOR BE LIABLE TO ANY PERSON FOR ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
CHARACTER ARISING AS A RESULT OF THIS LICENSE OR THE USE OF THE
SOFTWARE 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 PERSON 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, BUT SHALL EXCLUDE SUCH LIABILITY TO THE
EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS
EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.

18. ENCRYPTION KEYS AND PUBLIC KEY INFRASTRUCTURE. SOFTWARE RELEASED
UNDER THIS LICENSE AGREEMENT MAY REQUIRE A DIGITAL CERTIFICATE, OR AN
ENCRYPTION KEY "SIGNED" BY A TRUSTED PARTY, TO FUNCTION. AUTHOR
UNDERTAKES NO RESPONSIBILITY FOR THE PROPER, SECURE, AND ADEQUATE
FUNCTIONING OF ANY CRYPTOGRAPHIC SYSTEMS, OF ANY CRYPTOGRAPHIC KEYS,
OR FOR THE TRUSTWORTHINESS OF ANY END-USER, ANY ISSUER OF
CERTIFICATES, OR OF ANY SIGNER OF ENCRYPTION KEYS. USE OF THIS
SOFTWARE IS AT THE END-USER'S SOLE AND EXCLUSIVE RISK. IN ANY
PUBLIC-KEY INFRASTRUCTURE ("PKI") SYSTEM, AN END-USER'S LEGAL
RELATIONSHIP WITH THE END-USER'S CERTIFICATION AUTHORITY DOES NOT
INCLUDE OR ENCOMPASS ANY LEGAL RELATIONSHIP WITH THE AUTHOR, AND IS
GOVERNED SOLELY AND EXCLUSIVELY BY THE CERTIFICATION AUTHORITY'S
CERTIFICATION PRACTICE STATEMENT AND CERTIFICATION AGREEMENTS. AUTHOR
ASSUMES NO RESPONSIBILITY FOR THE ACTIONS OR OMISSIONS OF ANY END-USER
OR ANY CERTIFICATION AUTHORITY.

18. Saving Clause. If any portion of this License Agreement is held
invalid or unenforceable under any particular circumstance, the
balance of the License Agreement is intended to apply and the License
Agreement as a whole is intended to apply in other circumstances.

END OF TERMS AND CONDITIONS 

" contains strip markers and therefore it cannot be parsed sufficiently.
 TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION, USE AND/OR MODIFICATION

0. DEFINITIONS. The following are defined terms that, whenever used in
this License Agreement, have the following meanings:

0.1 Author: "Author" shall mean the copyright holder of an Original
Work (the "Program") released by the Author under this License
Agreement.

0.2 Copy: "Copy" shall mean everything and anything that constitutes a
copy according to copyright law, without limitation. A "copy" does not
become anything other than a "copy" merely because, for example, a
governmental or institutional employee duplicates the Program or a
part of it for another employee of the same institution or
Governmental Entity, or merely because it is copied from one computer
to another, or from one medium to another, or multiple copies are made
on the same medium, within the same institutional or Governmental
Entity.

0.3 Derivative Work: A "Derivative Work" or "work based on the
Program" shall mean either the Program itself or any work containing
the Program or a portion of it, either verbatim or with modifications
and/or translated into another language. (Hereinafter, translation is
included without limitation in the term "modification."). In the
unlikely event that, and to the extent that, this contractual
definition of "Derivative Work" is later determined by any tribunal or
dispute-resolution body to be different is scope from the meaning of
"derivative work" under the copyright law of any country, then the
broadest and most encompassing possible definition either the
contractual definition of "Derivative Work," or any broader and more
encompassing statutory or legal definition, shall control. Acceptance
of this contractually-defined scope of the term "Derivative Work" is a
mandatory pre-condition for You to receive any of the benefits offered
by this License Agreement.

0.3.1 Mere aggregation of another work not based on the Program with
the Program (or with a Derivative Work based on the Program) on a
volume of a storage or distribution medium does not bring the other
work under the scope of this License Agreement.

0.4 License Agreement: When used in this License Agreement, the terms
"this License" or "this License Agreement" shall mean The Hactivismo
Enhanced-Source Software License Agreement, v. 0.1, or any subsequent
version made applicable under the terms of Section 15.

0.5 Licensee: The term "Licensee" shall mean You or any other
Licensee, whether or not a Qualified Licensee.

0.6 Original Work: "Original Work" shall mean a Program or other work
of authorship, or portion thereof, that is not a Derivative Work.

0.7 Program: The "Program," to which this License Agreement applies,
is the Original Work (including, but not limited to, computer
software) released by the Author under this License Agreement.

0.8 Qualified Licensee: A "Qualified Licensee" means a Licensee that
remains in full compliance with all terms and conditions of this
License Agreement. You are no longer a Qualified Licensee if, at any
time, You violate any terms of this License Agreement. Neither the
Program nor any Software based on the Program may be copied,
distributed, performed, displayed, used or modified by You, even for
Your own purposes, unless You are a Qualified Licensee. A Licensee
other than a Qualified Licensee remains subject to all terms and
conditions of this License Agreement, and to all remedies for each
cumulative violation as set forth herein. Loss of the status of
Qualified Licensee signifies that violation of any terms of the
License Agreement subjects a Licensee to loss of most of the benefits
that Qualified Licensees enjoy under this License Agreement, and to
additional remedies for all violations occurring after the first
violation.

0.9 Software: "Software" or "the Software" shall mean the Program, any
Derivative Work based on the Program or a portion thereof, and/or any
modified version of the Program or portion thereof, without
limitation.

0.10 Source Code: The term "Source Code" shall mean the preferred form
of a Program or Original Work for making modifications to it and all
available documentation describing how to access and modify that
Program or Original Work.

0.10.1 For an executable work, complete Source Code means all the
Source Code for all modules it contains, plus any associated interface
definition files, plus the scripts used to control compilation and
installation of the executable. However, as a special exception, the
Source Code distributed need not include anything that is normally
distributed (in either source or binary form) with the major
components (compiler, kernel, and so on) of the operating system on
which the executable runs, unless that component itself accompanies
the executable.

0.10.2 "Object Code:" Because of certain peculiarities of current
export-control rules, "object code" of the Program, or any modified
version of the Program, or Derivative Work based on the Program, must
not be exported except by way of distribution that is ancillary to the
distribution of the Source Code. The "Source Code" shall be understood
as the primary content transferred or exported by You, and the "object
code" shall be considered as merely an ancillary component of any such
export distribution.

0.11 Strong Cryptography: "Strong Cryptography" shall mean
cryptography no less secure than (for example, and without limitation)
a 2048-bit minimum key size for RSA encryption, 1024-bit minimum key
size for Diffie-Hellman (El Gamal), or a 256-bit minimum key size for
AES and similar symmetric ciphers.

0.12 Substandard Key-Selection Technique: The term "Substandard
Key-Selection Technique" shall mean a method or technique to cause
encryption keys to be more easily guessed or less secure, such as by
(i) causing the selection of keys to be less than random, or (ii)
employing a selection process that selects among only a subset of
possible keys, instead of from among the largest set of possible keys
that can securely be used consistent with contemporary knowledge about
the cryptographic techniques employed by You. The following
illustrations elaborate on the foregoing definition:

0.12.1 If the key-generation or key-selection technique for the
encryption algorithm You employ involves the selection of one or more
prime numbers, or involves one or more mathematical functions or
concatenations performed on one or more prime numbers, then each prime
number should be selected from a very large set of candidate prime
numbers, but not necessarily from the set of all possible prime
numbers (e.g., inclusion of the number 1 in the candidate set, for
example, may in some instances reduce rather than enhance security),
and absolutely not from any artificially small set of candidate primes
that makes the guessing of a key easier than would be the case if a
secure key-generation technique were employed. In all instances, the
primes should be selected at random from among the candidate set. If
there is a customary industry standard for maximizing the security
associated with the key-generation or key-selection technique for the
cryptosystem You select, then (with attention also to the requirements
of Section 0.11), You should employ a key-generation or selection
technique no less secure than the customary industry standard for
secure use of the cryptosystem.

0.12.2 If the key-generation or key-selection technique for the
encryption algorithm You employ involves the selection of a random
integer, or the transformation of a random integer through one or more
mathematical processes, then the selection of the integer shall be at
random from the largest possible set of all possible integers
consistent with the secure functioning of the encryption algorithm. It
shall not be selected from an artificially small set of integers
(e.g., if a 256-bit random integer serves as the key, then You could
not set 200 of the 256 bits as "0," and randomly generate only the
remaining 56 bits producing effectively a 56-bit keylength instead of
using the full 256 bits).

0.12.3 In other words, Your key-generation technique must promote
security to the maximum extent permitted by the cryptographic
method(s) and keylength You elect to employ, rather than facilitating
eavesdropping or surveillance in any way. The example of GSM
telephones, in which 16 of 56 bits in each encryption key were set at
"0," thereby reducing the security of the system by a factor of
65,536, is particularly salient. Such artificial techniques to reduce
the security of a cryptosystem by selecting keys from only a
less-secure or suboptimal subset of possible keys, is prohibited and
will violate this License Agreement if any such technique is employed
in any Software.

0.13 You: Each Licensee (including, without limitation, Licensees that
have violated the License Agreement and who are no longer Qualified
Licensees, but who nevertheless remain subject to all requirements of
this License Agreement and to all cumulative remedies for each
successive violation), is referred to as "You."

0.13.1 Governmental Entity: "You" explicitly includes any and all
"Governmental Entities," without limitation. "Governmental Entity" or
"Governmental Entities," when used in this License Agreement, shall
mean national governments, sub-national governments (for example, and
without limitation, provincial, state, regional, local and municipal
governments, autonomous governing units, special districts, and other
such entities), governmental subunits (without limitation,
governmental agencies, offices, departments, government corporations,
and the like), supra-national governmental entities such as the
European Union, and entities through which one or more governments
perform governmental functions or exercise governmental power in
coordination, cooperation or unison.

0.13.2 Governmental Person: "You" also explicitly includes
"Governmental Persons." The terms "Governmental Person" or
"Governmental Persons," when used in this License Agreement, shall
mean the officials, officers, employees, representatives, contractors
and agents of any Governmental Entity.

1. Application of License Agreement. This License Agreement applies to
any Program or other Original Work of authorship that contains a
notice placed by the Author saying it may be distributed under the
terms of this License Agreement. The preferred manner of placing such
a notice is to include the following statement immediately after the
copyright notice for such an Original Work:

    "Licensed under the Hacktivismo Enhanced-Source Software License
    Agreement, Version 0.1"

2. Means of Acceptance Use, Copying, Distribution or Modification By
Anyone Constitutes Acceptance. Subject to Section 14.1 (concerning the
special case of certain Governmental Entities) any copying,
modification, distribution, or use by You of the Program or any
Software, shall constitute Your acceptance of all terms and conditions
of this License Agreement.

2.1 As a Licensee, You may not authorize, permit, or enable any person
to use the Program or any Software or Derivative Work based on it
(including any use of Your copy or copies of the Program) unless such
person has accepted this License Agreement and has become a Licensee
subject to all its terms and conditions.

2.2 You may not make any copy for Your own use unless You have
accepted this License Agreement and subjected yourself to all its
terms and conditions.

2.3 You may not make a copy for the use of any other person, or
transfer a copy to any other person, unless such person is a Licensee
that has accepted this License Agreement and such person is subject to
all terms and conditions of this License Agreement.

2.4 It is not the position of Hacktivismo that copyright law confers
an exclusive right to use, as opposed to the exclusive right to copy
the Software. However, for purposes of contract law, any use of the
Software shall be considered to constitute acceptance of this License
Agreement. Moreover, all copying is prohibited unless the recipient of
a copy has accepted the License Agreement. Because each such recipient
Licensee is contractually obligated not to permit anyone to access,
use, or secure a copy of the Software, without first accepting the
terms and conditions of this License Agreement, use by non-Licensees
is effectively prohibited contractually because nobody can obtain a
copy of, or access to a copy of, any Software without (1) accepting
the License Agreement through use, and (2) triggering some Licensee's
obligation to require acceptance as a precondition of copying or
access.

3. "Qualified Licensee" Requirement: Neither the Program nor any
Software or Derivative Work based on the Program may be copied,
distributed, displayed, performed, used or modified by You, even for
Your own purposes, unless You are a "Qualified Licensee." To remain a
Qualified Licensee, You must remain in full compliance with all terms
and conditions of this License Agreement.

4. License Agreement Is Exclusive Source of All Your Rights:

4.1 You may not copy, modify, or distribute the Program, or obtain any
copy, except as expressly provided under this License Agreement. Any
attempt otherwise to copy, modify, obtain a copy, sublicense or
distribute the Program is void, and will automatically terminate Your
rights under this License Agreement and subject You to all cumulative
remedies for each successive violation that may be available to the
Author. However, Qualified Licensees who have received copies from You
(and thereby have received rights from the Author) under this License
Agreement, and who would otherwise qualify as Qualified Licensees,
will not have their rights under their License Agreements suspended or
restricted on account of anything You do, so long as such parties
remain in full compliance.

4.2 You are not required to accept this License Agreement and prior to
the time You elect to become a Licensee and accept this License
Agreement, You may always elect instead not to copy, use, modify,
distribute, compile, or perform the Program or any Software released
under this License Agreement. However, nothing else grants You
permission to copy, to obtain or possess a copy, to compile a copy in
object code or executable code from a copy in source code, to modify,
or to distribute the Program or any Software based on the
Program. These actions are prohibited by law if You do not accept this
License Agreement. Additionally, as set forth in Section 2, any use,
copying or modification of the Software constitutes acceptance of this
License Agreement by You.

4.3 Each time You redistribute the Program (or any Software or
Derivative Work based on the Program), the recipient automatically
receives a License Agreement from the Author to copy, distribute,
modify, perform or display the Software, subject to the terms and
conditions of this License Agreement. You may not impose any further
restrictions on the recipients' exercise of the rights granted
herein. You are not responsible for enforcing compliance by third
parties to this License Agreement. Enforcement is the responsibility
of the Author.

5. Grant of Source Code License.

5.1 Source Code Always Available from Author: Author hereby promises
and agrees except to the extent prohibited by export-control law to
provide a machine-readable copy of the Source Code of the Program at
the request of any Licensee. Author reserves the right to satisfy this
obligation by placing a machine-readable copy of the Source Code of
the most current version of the Program in an information repository
reasonably calculated to permit inexpensive and convenient access by
You for so long as Author continues to distribute the Program, and by
publishing the address of that information repository in a notice
immediately following the copyright notice that applies to the
Program. Every copy of the Program distributed by Hacktivismo (but not
necessarily every other Author) consists of the Source Code
accompanied, in some instances, by an ancillary distribution of
compiled Object Code, but the continued availability of the Source
Code from the Author addresses the possibility that You might have
(for any reason) not received from someone else a complete, current,
copy of the Source Code (lack of which would, for example, prevent You
from exporting copies to others without violating this license, see
Section 8).

5.2 Grant of License. If and only if, and for so long as You remain a
Qualified Licensee, in accordance with Section 3 of this License
Agreement, Author hereby grants You a world-wide, royalty-free,
non-exclusive, non-sublicensable copyright license to do the
following:

5.2.1 to reproduce the Source Code of the Program in copies;

5.2.2 to prepare Derivative Works based upon the Program and to edit
or modify the Source Code in the process of preparing such Derivative
Works;

5.2.3 to distribute copies of the Source Code of the Original Work
and/or of Derivative Works to others, with the proviso that copies of
Original Work or Derivative Works that You distribute shall be
licensed under this License Agreement, and that You shall fully inform
all recipients of the terms of this License Agreement.

6. Grant of Copyright License. If and only if, and for so long as You
remain a Qualified Licensee, in accordance with Section 3 of this
License Agreement, Author hereby grants You a world-wide,
royalty-free, non-exclusive, non-sublicensable license to do the
following:

6.1 to reproduce the Program in copies;

6.2 to prepare Derivative Works based upon the Program, or upon
Software that itself is based on the Program;

6.3 to distribute (either by distributing the Source Code, or by
distributing compiled Object Code, but any export of Object Code must
be ancillary to a distribution of Source Code) copies of the Program
and Derivative Works to others, with the proviso that copies of the
Program or Derivative Works that You distribute shall be licensed
under this License Agreement, that You shall fully inform all
recipients of the terms of this License Agreement;

6.4 to perform the Program or a Derivative Work publicly;

6.5 to display the Program or a Derivative Work publicly; and

6.6 to charge a fee for the physical act of transferring a copy of the
Program (You may also, at Your option, offer warranty protection in
exchange for a fee).

7. Grant of Patent License. If and only if, and for so long as You
remain a Qualified Licensee, in accordance with Section 3 of this
License Agreement, Author hereby grants You a world-wide,
royalty-free, non-exclusive, non-sublicensable license Agreement,
under patent claims owned or controlled by the Author that are
embodied in the Program as furnished by the Author ("Licensed Claims")
to make, use, sell and offer for sale the Program. Subject to the
proviso that You grant all Licensees a world-wide, non-exclusive,
royalty-free license under any patent claims embodied in any
Derivative Work furnished by You, Author hereby grants You a
world-wide, royalty-free, non-exclusive, non-sublicensable license
under the Licensed Claims to make, use, sell and offer for sale
Derivative Works.

8. Exclusions From License Agreement Grants. Nothing in this License
Agreement shall be deemed to grant any rights to trademarks,
copyrights, patents, trade secrets or any other intellectual property
of Licensor except as expressly stated herein. No patent license is
granted to make, use, sell or offer to sell embodiments of any patent
claims other than the Licensed Claims defined in Section 7. No right
is granted to the trademarks of Author even if such marks are included
in the Program. Nothing in this License Agreement shall be interpreted
to prohibit Author from licensing under additional or different terms
from this License Agreement any Original Work, Program, or Derivative
Work that Author otherwise would have a right to License.

8.1 Implied Endorsements Prohibited. Neither the name of the Author
(in the case of Programs and Original Works released by Hacktivismo,
the name "Hacktivismo"), nor the names of contributors who helped
produce the Program may be used to endorse or promote modifications of
the Program, any Derivative Work, or any Software other than the
Program, without specific prior written permission of the
Author. Neither the name of Hacktivismo nor the names of any
contributors who helped write the Program may be used to endorse or
promote any Program or Software released under this License Agreement
by any person other than Hacktivismo.

9. Modifications and Derivative Works. Only Qualified Licensees may
modify the Software or prepare or distribute Derivative Works. If You
are a Qualified Licensee, Your authorization to modify the Software or
prepare or distribute Derivative Works (including permission to
prepare and/or distribute Derivative Works, as provided in Sections
5.2.2, 5.2.3, 6.2, 6.3, and 6.6) is subject to each and all of the
following mandatory terms and conditions (9.1 through 9.6, inclusive):

9.1 You must cause the modified files to carry prominent notices
stating that You changed the files and the date of any change;

9.2 If the modified Software normally reads commands interactively
when run, You must cause it, when started running for such interactive
use in the most ordinary way, to print or display an announcement
including an appropriate copyright notice and a notice that there is
no warranty (or else, saying that You provide a warranty) and that
users may redistribute the program under this License Agreement, and
telling the user how to view a copy of this License
Agreement. (Exception: if the Program itself is interactive but does
not normally print such an announcement, Your Derivative Work based on
the Program is not required to print an announcement.);

9.3 Any Program, Software, or modification thereof copied or
distributed by You, that incorporates any portion of the Original
Work, must not contain any code or functionality that subverts the
security of the Software or the end-user's expectations of privacy,
anonymity, confidentiality, authenticity, and trust, including
(without limitation) any code or functionality that introduces any
"backdoor," escrow mechanism, "spy-ware," or surveillance techniques
or methods into any such Program, Software, or modification thereof;

9.4 Any Program, Software, or modification thereof copied or
distributed by You, that employs any cryptographic or other security,
privacy, confidentiality, authenticity, and/or trust methods or
techniques, including without limitation any Derivative Work that
includes any changes or modifications to any cryptographic techniques
in the Program, shall employ Strong Cryptography.

9.5 Any Program, Software, or modification thereof copied or
distributed by You, if it contains any key-generation or selection
technique, must not employ any Substandard Key-Selection Technique.

9.6 No Program or Software copied or distributed by You may transmit
or communicate any symmetric key, any "private key" if an asymmetric
cryptosystem is employed, or any part of such key, nor may it
otherwise make any such key or part of such key known, to any person
other than the end-user who generated the key, without the active
consent and participation of that individual end-user. If a private or
symmetric key is stored or recorded in any manner, it must not be
stored or recorded in plaintext, and it must be protected from reading
(at a minimum) by use of a password. Use of steganography or other
techniques to disguise the fact that a private or symmetric key is
even stored is strongly encouraged, but not absolutely required.

10. Use Restrictions: Human Rights Violations Prohibited.

10.1 Neither the Program, nor any Software or Derivative Work based on
the Program may used by You for any of the following purposes (10.1.1
through 10.1.5, inclusive):

10.1.1 to violate or infringe any human rights or to deprive any
person of human rights, including, without limitation, rights of
privacy, security, collective action, expression, political freedom,
due process of law, and individual conscience;

10.1.2 to gather evidence against any person to be used to deprive any
person of human rights;

10.1.3 any other use as a part of any project or activity to deprive
any person of human rights, including not only the above-listed
rights, but also rights of physical security, liberty from physical
restraint or incarceration, freedom from slavery, freedom from
torture, freedom to take part in government, either directly or
through lawfully elected representatives, and/or freedom from
self-incrimination;

10.1.4 any surveillance, espionage, or monitoring of individuals,
whether done by a Governmental Entity, a Governmental Person, or by
any non-governmental person or entity;

10.1.5 censorship or "filtering" of any published information or expression.

10.2 Additionally, the Program, any modification of it, or any
Software or Derivative Work based on the Program may not be used by
any Governmental Entity or other institution that has any policy or
practice (whether official or unofficial) of violating the human
rights of any persons.

10.3 You may not authorize, permit, or enable any person (including,
without limitation, any Governmental Entity or Governmental Person) to
use the Program or any Software or Derivative Work based on it
(including any use of Your copy or copies of the Program) unless such
person has accepted this License Agreement and has become a Licensee
subject to all its terms and conditions, including (without
limitation) the use restrictions embodied in Section 10.1 and 10.2,
inclusive.

11. All Export Distributions Must Consist of or Be Ancillary to
Distribution of Source Code. Because of certain peculiarities of
current export-control law, any distribution by You of the Program or
any Software may be in the form of Source Code only, or in the form or
Source Code accompanied by compiled Object Code, but You may not
export any Software in the form of compiled Object Code only. Such an
export distribution of compiled executable code must in all cases be
ancillary to a distribution of the complete corresponding
machine-readable source code, which must be distributed on a medium,
or by a method, customarily used for software interchange.

12. EXPORT LAWS: THIS LICENSE AGREEMENT ADDS NO RESTRICTIONS TO THE
EXPORT LAWS OF YOUR JURISDICTION. It is Your responsibility to comply
with any export regulations applicable in Your jurisdiction. From the
United States, Canada, or many countries in Europe, export or
transmission of this Software to certain embargoed destinations
(including, but not necessarily limited to, Cuba, Iran, Iraq, Libya,
North Korea, Sudan, and Syria), may be prohibited. If Hacktivismo is
identified as the Author of the Program (and it is not the property of
some other Author), then export to any national of Cuba, Iran, Iraq,
Libya, North Korea, Sudan or Syria, or into the territory of any of
these countries, by any Licensee who has received this Software
directly from Hacktivismo or from the Cult of the Dead Cow, or any of
their members, is contractually prohibited and will constitute a
violation of this License Agreement. You are advised to consult the
current laws of any and all countries whose laws may apply to You,
before exporting this Software to any destination. Special care should
be taken to avoid export to any embargoed destination. An Author other
than Hacktivismo may substitute that Author's legal name for
"Hacktivismo" in this Paragraph, in relation to any Program released
by that Author under this Paragraph.

13. Contrary Judgments, Settlements and Court Orders. If, as a
consequence of a court judgment or allegation of patent infringement
or for any other reason (not limited to patent issues), conditions are
imposed on You (whether by court order, agreement or otherwise) that
contradict the conditions of this License Agreement, they do not
excuse You from the conditions of this License Agreement. If You
cannot distribute so as to satisfy simultaneously Your obligations
under this License Agreement and any other pertinent obligations, then
as a consequence You may not distribute the Software at all. For
example, if a patent license would not permit royalty-free
redistribution of the Program by all those who receive copies directly
or indirectly through You, then the only way You could satisfy both it
and this License Agreement would be to refrain entirely from
distribution of the Program.

It is not the purpose of this Section 13 to induce You to infringe any
patents or other property right claims or to contest validity of any
such claims; this Section has the sole purpose of protecting the
integrity of the software distribution system reflected in this
License Agreement, which is implemented by public license
practices. Many people have made generous contributions to the wide
range of software distributed through related distribution systems, in
reliance on consistent application of such distribution systems; it is
up to the Author/donor to decide if he or she is willing to distribute
software through any other system and a Licensee cannot impose that
choice.

14. Governmental Entities: Any Governmental Entity ("Governmental
Entity" is defined broadly as set forth in Section 0.13.1) or
Governmental Person (as "Governmental Person" is defined broadly in
Section 0.13.2), that uses, modifies, changes, copies, displays,
performs, or distributes the Program, or any Software or Derivative
Work based on the Program, may do so if and only if all of the
following terms and conditions (14.1 through 14.10, inclusive) are
agreed to and fully met:

14.1 If it is the position of any Governmental Entity (or, in the case
of any "Governmental Person," if it is the position of that
Governmental Person's Governmental Entity) that any doctrine or
doctrines of law (including, without limitation, any doctrine(s) of
immunity or any formalities of contract formation) may render this
License Agreement unenforceable or less than fully enforceable against
such Governmental Entity, or any Governmental Person of such
Governmental Entity, then prior to any use, modification, change,
display, performance, copy or distribution of the Program, or of any
Software or Derivative Work based on the Program, or any part thereof,
by the Governmental Entity, or by any Governmental Person of that
Governmental Entity, the Governmental Entity shall be required to
inform the Author in writing of each such doctrine that is believed to
render this License Agreement or any part of it less than fully
enforceable against such Governmental Entity or any Governmental
Person of such entity, and to explain in reasonable detail what
additional steps, if taken, would render the License Agreement fully
enforceable against such entity or person. Failure to provide the
required written notice to the Author in advance of any such use,
modification, change, display, performance, copy or distribution,
shall constitute an irrevocable and conclusive waiver of any and all
reliance on any doctrine, by the Governmental Entity, that is not
included or that is omitted from the required written notice (failure
to provide any written notice means all reliance on any doctrine is
irrevocably waived). Any Governmental Entity that provides written
notice under this subsection is prohibited, as are all of the
Governmental Persons of such Governmental Entity, from making any use,
change, display, performance, copy, modification or distribution of
the Software or any part thereof, until such time as a License
Agreement is in place, agreed upon by the Author and by the
Governmental Entity, that such entity concedes is
fully-enforceable. Any use, modification, change, display,
performance, copy, or distribution following written notice under this
Paragraph, but without the implementation of an agreement as provided
herein, shall constitute an irrevocable and conclusive waiver by the
Governmental Entity (and any and all Governmental Persons of such
Governmental Entity) of any and all reliance on any legal doctrine
either referenced in such written notice or omitted from it.

14.2 Any Governmental Entity that uses, copies, changes, modifies, or
distributes, the Software or any part or portion thereof, or any
Governmental Person who does so (whether that person's Governmental
Entity contends the person's action was, or was not, authorized or
official), permanently and irrevocably waives any defense based on
sovereign immunity, official immunity, the Act of State Doctrine, or
any other form of immunity, that might otherwise apply as a defense
to, or a bar against, any legal action based on the terms of this
License Agreement.

14.2.1 With respect to any enforcement action brought by the Author in
a United States court against a foreign Governmental Entity, the
waiver by any Governmental Entity as provided in Subparagraphs 14.1
and 14.2 is hereby expressly acknowledged by each such Governmental
Entity to constitute a "case . . . in which the foreign state has
waived its immunity," within the scope of 28 U.S.C. � 1605(a)(1) of
the Foreign Sovereign Immunities Act of 1976 (as amended). Each such
Governmental Entity also specifically agrees and concedes that the
"commercial activity" exceptions to the FSIA, 28 U.S.C. � 1605(a)(2),
(3) are also applicable. With respect to an action brought against the
United States or any United States Governmental Entity, in the courts
of any country, the U.S. Governmental Entity shall be understood to
have voluntarily agreed to a corresponding waiver of immunity from
actions in the courts of any other sovereign.

14.2.2 With respect to any enforcement action brought by an authorized
end-user (as a third-party beneficiary, under the terms of
Subparagraphs 14.3 and 14.10) in a United States court against a
foreign Governmental Entity, the waiver by any Governmental Entity as
provided in Subparagraphs 14.1 and 14.2 is hereby expressly
acknowledged by each such Governmental Entity to constitute a "case
. . . in which the foreign state has waived its immunity," within the
scope of 28 U.S.C. � 1605(a)(1) of the Foreign Sovereign Immunities
Act of 1976 (as amended). . Each such Governmental Entity also
specifically agrees and concedes that the "commercial activity"
exceptions to the FSIA, 28 U.S.C. � 1605(a)(2), (3) are also
applicable. With respect to an action brought against the United
States or any United States Governmental Entity, in the courts of any
country, the U.S. Governmental Entity shall be understood to have
voluntarily agreed to a corresponding waiver of immunity from actions
in the courts of any other sovereign.

14.2.3 With respect to any action or effort by the Author in the
United States to execute a judgment against a foreign Governmental
Entity, by attaching or executing process against the property of such
Governmental Entity, the waiver by any Governmental Entity as provided
in Subparagraphs 14.1 and 14.2 is hereby expressly acknowledged by
each such Governmental Entity to constitute a case in which "the
foreign state has waived its immunity from attachment in aid of
execution or from execution," in accordance with 28 U.S.C. �
1610(a)(1) of the Foreign Sovereign Immunities Act of 1976 (as
amended). Each such Governmental Entity also specifically agrees and
concedes that the "commercial activity" exceptions to the FSIA, 28
U.S.C. � 1610(a)(2), (d) are also applicable. With respect to an
action brought against the United States or any United States
Governmental Entity, in the courts of any country, the
U.S. Governmental Entity shall be understood to have voluntarily
agreed to a corresponding waiver of immunity from actions in the
courts of any other sovereign.

14.2.4 With respect to any action or effort brought by an authorized
end-user (as a third-party beneficiary, in accordance with
Subparagraphs 14.3 and 14.10) in the United States to execute a
judgment against a foreign Governmental Entity, by attaching or
executing process against the property of such Governmental Entity,
the waiver by any Governmental Entity as provided in Subparagraphs
14.1 and 14.2 is hereby expressly acknowledged by each such
Governmental Entity to constitute a case in which "the foreign state
has waived its immunity from attachment in aid of execution or from
execution," in accordance with 28 U.S.C. � 1610(a)(1) of the Foreign
Sovereign Immunities Act of 1976 (as amended). Each such Governmental
Entity also specifically agrees and concedes that the "commercial
activity" exceptions to the FSIA, 28 U.S.C. � 1610(a)(2), (d) are
also applicable. With respect to an action brought against the United
States or any United States Governmental Entity, in the courts of any
country, the U.S. Governmental Entity shall be understood to have
voluntarily agreed to a corresponding waiver of immunity from actions
in the courts of any other sovereign.

14.3 Any Governmental Entity that uses, copies, changes, modifies,
displays, performs, or distributes the Software or any part thereof,
or any Governmental Person who does so (whether that person's
Governmental Entity contends the person's action was, or was not,
authorized or official), and thereby violates any terms and conditions
of Section 9 (restrictions on modification), or Paragraph 10 (use
restrictions), agrees that the person or entity is subject not only to
an action by the Author, for the enforcement of this License Agreement
and for money damages and injunctive relief (as well as attorneys'
fees, additional and statutory damages, and other remedies as provided
by law), but such Governmental Entity and/or Person also shall be
subject to a suit for money damages and injunctive relief by any
person whose human rights have been violated or infringed, in
violation of this License Agreement, or through the use of any
Software in violation of this License Agreement. Any person who brings
an action under this section against any Governmental Person or Entity
must notify the Author promptly of the action and provide the Author
the opportunity to intervene to assert the Author's own
rights. Damages in such a third-party action shall be measured by the
severity of the human rights violation and the copyright infringement
or License Agreement violation, combined, and not merely by reference
to the copyright infringement. All end-users, to the extent that they
are entitled to bring suit against such Governmental Entity by way of
this License Agreement, are intended third-party beneficiaries of this
License Agreement. Punitive damages may be awarded in such a
third-party action against a Governmental Entity or Governmental
Person, and each and every such Governmental Entity or Person
conclusively waives all restrictions on the amount of punitive
damages, and all defenses to the award of punitive damages to the
extend such limitations or defenses depend upon or are a function of
such person or entity's status as a Governmental Person or
Governmental Entity.

14.4 Any State of the United States, or any subunit or Governmental
Entity thereof, that uses, copies, changes, modifies, displays,
performs, or distributes the Software of any part thereof, or any of
whose Governmental Persons does so (whether that person's Governmental
Entity contends the person's action was, or was not, authorized or
official), unconditionally and irrevocably waives for purposes of any
legal action (i) to enforce this License Agreement, (ii) to remedy
infringement of the Author's copyright, or (iii) to invoke any of the
third-party beneficiary rights set forth in Section 14.3 -- any
immunity under the Eleventh Amendment of the United States
Constitution or any other immunity doctrine (such as sovereign
immunity or qualified, or other, official immunity) that may apply to
state governments, subunits, or to their Governmental Persons.

14.5 Any Governmental Entity (including, without limitation, any State
of the United States), that uses, copies, changes, modifies, performs,
displays, or distributes the Software or any part thereof, or any of
whose Governmental Persons does so (whether that person's Governmental
Entity contends the person's action was, or was not, authorized or
official), unconditionally and irrevocably waives for purposes of any
legal action (i) to enforce this License Agreement, (ii) to remedy
infringement of the Author's copyright, or (iii) to invoke any of the
third-party beneficiary rights set forth in Section 14.3 any doctrine
(such as, but not limited to, the holding in the United States Supreme
Court decision of Ex Parte Young) that might purport to limit remedies
solely to prospective injunctive relief. Also explicitly and
irrevocably waived is any underlying immunity doctrine that would
require the recognition of such a limited exception for purposes of
remedies. The remedies against such governmental entities and persons
shall explicitly include money damages, additional damages, statutory
damages, consequential damages, exemplary damages, punitive damages,
costs and fees that might otherwise be barred or limited in amount on
account of governmental status.

14.6 Any Governmental Entity that uses, copies, changes, modifies,
displays, performs, or distributes the Software or any part thereof,
or any of whose Governmental Persons does so (whether that person's
Governmental Entity contends the person's action was, or was not,
authorized or official), unconditionally and irrevocably waives for
purposes of any legal action (i) to enforce this License Agreement,
(ii) to remedy infringement of the Author's copyright, or (iii) to
invoke any of the third-party beneficiary rights set forth in Section
14.3 any and all reliance on the Act of State doctrine, sovereign
immunity, international comity, or any other doctrine of immunity
whether such doctrine is recognized in that government's own courts,
or in the courts of any other government or nation.

14.6.1 Consistent with Subparagraphs 14.2.1 through 14.2.4, this
waiver shall explicitly be understood to constitute a waiver not only
against suit, but also against execution against property, for
purposes of the Foreign Sovereign Immunities Act of 1976 (as
amended). All United States Governmental Entities shall be understood
to have agreed to a corresponding waiver of immunity against (i) suit
in the courts of other sovereigns, and (ii) execution against property
of the United States located within the territory of other countries.

14.7 Governmental Persons, (i) who violate this License Agreement
(whether that person's Governmental Entity contends the person's
action was, or was not, authorized or official), or (ii) who are
personally involved in any activity, policy or practice of a
governmental entity that violates this License Agreement (whether that
person's Governmental Entity contends the person's action was, or was
not, authorized or official), or (iii) that use, copy, change, modify,
perform, display or distribute, the Software or any part thereof, when
their Governmental Entity is not permitted to do so, or is not a
Qualified Licensee, or has violated the terms of this License
Agreement, each and all individually waive and shall not be permitted
to assert any defense of official immunity, "good faith" immunity,
qualified immunity, absolute immunity, or other immunity based on his
or her governmental status.

14.8 No Governmental Entity, nor any Governmental Person thereof may,
by legislative, regulatory, or other action, exempt such Governmental
Entity, subunit, or person, from the terms of this License Agreement,
if the Governmental Entity or any such person has voluntarily used,
modified, copied, displayed, performed, or distributed the Software or
any part thereof.

14.9 Enforcement In Courts of Other Sovereigns Permitted. By using,
modifying, changing, displaying, performing or distributing any
Software covered by this License Agreement, any Governmental Entity
hereby voluntarily and irrevocably consents, for purposes of (i) any
action to enforce the terms of this License Agreement, and (ii) any
action to enforce the Author's copyright (whether such suit be for
injunctive relief, damages, or both) to the jurisdiction of any court
or tribunal in any other country (or a court of competent jurisdiction
of a subunit, province, or state of such country) in which the terms
of this License Agreement are believed by the Author to be
enforceable. Each such Governmental Entity hereby waives all
objections to personal jurisdiction, all objections based on
international comity, all objections based on the doctrine of forum
non conveniens, and all objections based on sovereign or governmental
status or immunity that might otherwise be asserted in the courts of
some other sovereign.

14.9.1 The Waiver by any Governmental Entity of a country other than
the United States shall be understood explicitly to constitute a
waiver for purposes of the Foreign Sovereign Immunities Act of 1976
(see Subparagraphs 14.2.1to 14.2.4, inclusive, supra), and all United
States Governmental Entities shall be understood to have agreed to a
waive correspondingly broad in scope with respect to actions brought
in the courts of other sovereigns.

14.9.2 Forum Selection Non-U.S. Governmental Entities. Governmental
Entities that are not United States Governmental Entities shall be
subject to suit, and agree to be subject to suit, in the United States
District Court for the District of Columbia. The Author or an
authorized end-user may bring an action in another court in another
country, but the United States District Court for the District of
Columbia, shall always be available as an agreed-upon forum for such
an action. At the optional election of any Author (or, in the case of
a third-party claim, any end-user asserting rights under Subparagraphs
14.3 and 14.10), such a suit against a non-U.S. Governmental Entity or
Person may be brought in the United States District Court for the
Southern District of New York, or the United States District Court for
the Northern District of California, as a direct substitute for the
United States District Court for the District of Columbia, for all
purposes of this Subparagraph.

14.9.3 Forum Selection U.S. Governmental Entities. All United States
Governmental Entities shall be subject to suit, and agree to be
subject to suit, in the following (non-exclusive) list of fora:
Ottawa, Canada, London, England, and Paris, France. The Author or an
authorized end-user may bring action in another court that can
exercise jurisdiction. But the courts in these three locations shall
always be available (at the option of the Author or an authorized
end-user) as a forum for resolving any dispute with the United States
or a governmental subunit thereof. Except as provided in Subparagraph
14.10, any and all United States Governmental Persons shall be subject
to suit wherever applicable rules of personal jurisdiction and venue
shall permit such suit to be filed, but no such United States
Governmental Person may assert any defense based on forum non
conveniens or international comity, to the selection of any particular
lawful venue.

14.10 Enforcement Of Claims For Human Rights Violations. By using,
copying, modifying, changing, performing, displaying or distributing
the Software covered by this License Agreement, any Governmental
Entity, or Governmental Person hereby voluntarily and irrevocably
consents -- for purposes of any third-party action to remedy human
rights violations and other violations of this License Agreement (as
reflected in Section 14.3) -- to the jurisdiction of any court or
tribunal in any other country (or a court of competent jurisdiction of
a subunit, province, or state of such country) in which the
third-party beneficiary reasonably believes the relevant terms of this
License Agreement are enforceable. The Governmental Entity or Person
hereby waives all objections to personal jurisdiction, all objections
based on international comity, all objections based on the doctrine of
forum non conveniens, and all objections based on sovereign or
governmental status or immunity that might otherwise be asserted in
the courts of some other sovereign.

14.10.1 Waiver of Immunity and Forum Selection. The presumptively
valid and preferred fora identified in Subparagraphs 14.9.2 and 14.9.3
shall also apply for purposes of Subparagraph 14.10. All Governmental
Entities are subject to the same Waiver of Immunity as set forth in
Subparagraphs 14.2.1 to 14.2.4, inclusive.

15. Subsequent Versions of HESSLA. Hacktivismo may publish revised
and/or new versions of the Hacktivismo Enhanced-Source Software
License Agreement from time to time. Such new versions will be similar
in spirit to the present version, but may differ in detail to address
new problems or concerns.

Each version is given a distinguishing version number. Any Program
released by Hacktivismo under a version of this License Agreement
prior to Version 1.0, shall be considered released under Version 1.0
of the Hacktivismo Enhanced-Source Software License Agreement, once
Version 1.0 is formally released. Prior to Version 1.0, any Software
released by Hacktivismo or a Licensee of Hacktivismo under a
lower-numbered version of the HESSLA shall be considered automatically
to be subject to a higher-number version of the HESSLA, whenever a
later-numbered version has been released.

Concerning the work of any other Author, if the Program specifies a
version number of this License Agreement which applies to it and "any
later version," You have the option of following the terms and
conditions either of that version or of any later version published by
Hacktivismo. If the Program does not specify a version number of this
License Agreement, You may choose any version after 1.0, once version
1.0 is published by Hacktivismo, and prior to publication of version
1.0, You may choose any version of the Hacktivismo Software License
Agreement then published by Hacktivismo. If the Program released by
another Author, specifies only a version number, then that version
number only shall apply. If "the latest version," is specified, then
the latest version of the HESSLA published on the Hacktivismo Website
shall always apply at all times.

16. DISCLAIMER OF WARRANTY. THE SOFTWARE IS PROVIDED UNDER THIS
LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY, EITHER EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTY OF
NON-INFRINGEMENT AND WARRANTIES THAT THE ORIGINAL WORK IS MERCHANTABLE
OR FIT FOR A PARTICULAR PURPOSE. THE SOFTWARE IS PROVIDED WITH ALL
FAULTS. THE ENTIRE RISK AS TO THE QUALITY OF THE ORIGINAL WORK IS WITH
YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL
NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY
CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO LICENSE TO ORIGINAL
WORK IS GRANTED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

17. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL
THEORY, WHETHER TORT (INCLUDING THE AUTHOR'S NEGLIGENCE), CONTRACT, OR
OTHERWISE, SHALL THE AUTHOR BE LIABLE TO ANY PERSON FOR ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
CHARACTER ARISING AS A RESULT OF THIS LICENSE OR THE USE OF THE
SOFTWARE 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 PERSON 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, BUT SHALL EXCLUDE SUCH LIABILITY TO THE
EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS
EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.

18. ENCRYPTION KEYS AND PUBLIC KEY INFRASTRUCTURE. SOFTWARE RELEASED
UNDER THIS LICENSE AGREEMENT MAY REQUIRE A DIGITAL CERTIFICATE, OR AN
ENCRYPTION KEY "SIGNED" BY A TRUSTED PARTY, TO FUNCTION. AUTHOR
UNDERTAKES NO RESPONSIBILITY FOR THE PROPER, SECURE, AND ADEQUATE
FUNCTIONING OF ANY CRYPTOGRAPHIC SYSTEMS, OF ANY CRYPTOGRAPHIC KEYS,
OR FOR THE TRUSTWORTHINESS OF ANY END-USER, ANY ISSUER OF
CERTIFICATES, OR OF ANY SIGNER OF ENCRYPTION KEYS. USE OF THIS
SOFTWARE IS AT THE END-USER'S SOLE AND EXCLUSIVE RISK. IN ANY
PUBLIC-KEY INFRASTRUCTURE ("PKI") SYSTEM, AN END-USER'S LEGAL
RELATIONSHIP WITH THE END-USER'S CERTIFICATION AUTHORITY DOES NOT
INCLUDE OR ENCOMPASS ANY LEGAL RELATIONSHIP WITH THE AUTHOR, AND IS
GOVERNED SOLELY AND EXCLUSIVELY BY THE CERTIFICATION AUTHORITY'S
CERTIFICATION PRACTICE STATEMENT AND CERTIFICATION AGREEMENTS. AUTHOR
ASSUMES NO RESPONSIBILITY FOR THE ACTIONS OR OMISSIONS OF ANY END-USER
OR ANY CERTIFICATION AUTHORITY.

18. Saving Clause. If any portion of this License Agreement is held
invalid or unenforceable under any particular circumstance, the
balance of the License Agreement is intended to apply and the License
Agreement as a whole is intended to apply in other circumstances.

END OF TERMS AND CONDITIONS 





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