Copyright 2022 Nikola Hristov <nikola@playform.cloud> ("Licensor")

**HIPPOCRATIC LICENSE**

**Version 3.0, October 2021**

<https://firstdonoharm.dev/version/3/0/bds-eco-extr-ffd.md>

**TERMS AND CONDITIONS**

TERMS AND CONDITIONS FOR USE, COPY, MODIFICATION, PREPARATION OF DERIVATIVE
WORK, REPRODUCTION, AND DISTRIBUTION:

**[1.](#1) DEFINITIONS:**

_This section defines certain terms used throughout this license agreement._

[1.1.](#1.1) “License” means the terms and conditions, as stated herein, for
use, copy, modification, preparation of derivative work, reproduction, and
distribution of Software (as defined below).

[1.2.](#1.2) “Licensor” means the copyright and/or patent owner or entity
authorized by the copyright and/or patent owner that is granting the License.

[1.3.](#1.3) “Licensee” means the individual or entity exercising permissions
granted by this License, including the use, copy, modification, preparation of
derivative work, reproduction, and distribution of Software (as defined below).

[1.4.](#1.4) “Software” means any copyrighted work, including but not limited to
software code, authored by Licensor and made available under this License.

[1.5.](#1.5) “Supply Chain” means the sequence of processes involved in the
production and/or distribution of a commodity, good, or service offered by the
Licensee.

[1.6.](#1.6) “Supply Chain Impacted Party” or “Supply Chain Impacted Parties”
means any person(s) directly impacted by any of Licensee’s Supply Chain,
including the practices of all persons or entities within the Supply Chain prior
to a good or service reaching the Licensee.

[1.7.](#1.7) “Duty of Care” is defined by its use in tort law, delict law,
and/or similar bodies of law closely related to tort and/or delict law,
including without limitation, a requirement to act with the watchfulness,
attention, caution, and prudence that a reasonable person in the same or similar
circumstances would use towards any Supply Chain Impacted Party.

[1.8.](#1.8) “Worker” is defined to include any and all permanent, temporary,
and agency workers, as well as piece-rate, salaried, hourly paid, legal young
(minors), part-time, night, and migrant workers.

**[2.](#2) INTELLECTUAL PROPERTY GRANTS:**

_This section identifies intellectual property rights granted to a Licensee_.

[2.1.](#2.1) _Grant of Copyright License_: Subject to the terms and conditions
of this License, Licensor hereby grants to Licensee a worldwide, non-exclusive,
no-charge, royalty-free copyright license to use, copy, modify, prepare
derivative work, reproduce, or distribute the Software, Licensor authored
modified software, or other work derived from the Software.

[2.2.](#2.2) _Grant of Patent License_: Subject to the terms and conditions of
this License, Licensor hereby grants Licensee a worldwide, non-exclusive,
no-charge, royalty-free patent license to make, have made, use, offer to sell,
sell, import, and otherwise transfer Software.

**[3.](#3) ETHICAL STANDARDS:**

_This section lists conditions the Licensee must comply with in order to have
rights under this License._

The rights granted to the Licensee by this License are expressly made subject to
the Licensee’s ongoing compliance with the following conditions:

-   [3.1.](#3.1) The Licensee SHALL NOT, whether directly or indirectly, through
    agents or assigns:
    -   [3.1.1.](#3.1.1) Infringe upon any person’s right to life or security of
        person, engage in extrajudicial killings, or commit murder, without
        lawful cause (See Article 3, _United Nations Universal Declaration of
        Human Rights_; Article 6, _International Covenant on Civil and Political
        Rights_)
    -   [3.1.2.](#3.1.2) Hold any person in slavery, servitude, or forced labor
        (See Article 4, _United Nations Universal Declaration of Human Rights_;
        Article 8, _International Covenant on Civil and Political Rights_);
    -   [3.1.3.](#3.1.3) Contribute to the institution of slavery, slave
        trading, forced labor, or unlawful child labor (See Article 4, _United
        Nations Universal Declaration of Human Rights_; Article 8,
        _International Covenant on Civil and Political Rights_);
    -   [3.1.4.](#3.1.4) Torture or subject any person to cruel, inhumane, or
        degrading treatment or punishment (See Article 5, _United Nations
        Universal Declaration of Human Rights_; Article 7, _International
        Covenant on Civil and Political Rights_);
    -   [3.1.5.](#3.1.5) Discriminate on the basis of sex, gender, sexual
        orientation, race, ethnicity, nationality, religion, caste, age, medical
        disability or impairment, and/or any other like circumstances (See
        Article 7, _United Nations Universal Declaration of Human Rights_;
        Article 2, _International Covenant on Economic, Social and Cultural
        Rights_; Article 26, _International Covenant on Civil and Political
        Rights_);
    -   [3.1.6.](#3.1.6) Prevent any person from exercising his/her/their right
        to seek an effective remedy by a competent court or national tribunal
        (including domestic judicial systems, international courts, arbitration
        bodies, and other adjudicating bodies) for actions violating the
        fundamental rights granted to him/her/them by applicable constitutions,
        applicable laws, or by this License (See Article 8, _United Nations
        Universal Declaration of Human Rights_; Articles 9 and 14,
        _International Covenant on Civil and Political Rights_);
    -   [3.1.7.](#3.1.7) Subject any person to arbitrary arrest, detention, or
        exile (See Article 9, _United Nations Universal Declaration of Human
        Rights_; Article 9, _International Covenant on Civil and Political
        Rights_);
    -   [3.1.8.](#3.1.8) Subject any person to arbitrary interference with a
        person’s privacy, family, home, or correspondence without the express
        written consent of the person (See Article 12, _United Nations Universal
        Declaration of Human Rights_; Article 17, _International Covenant on
        Civil and Political Rights_);
    -   [3.1.9.](#3.1.9) Arbitrarily deprive any person of his/her/their
        property (See Article 17, _United Nations Universal Declaration of Human
        Rights_);
    -   [3.1.10.](#3.1.10) Forcibly remove indigenous peoples from their lands
        or territories or take any action with the aim or effect of
        dispossessing indigenous peoples from their lands, territories, or
        resources, including without limitation the intellectual property or
        traditional knowledge of indigenous peoples, without the free, prior,
        and informed consent of indigenous peoples concerned (See Articles 8 and
        10, _United Nations Declaration on the Rights of Indigenous Peoples_);
    -   [3.1.11.](#3.1.11) _Fossil Fuel Divestment_: Be an individual or entity,
        or a representative, agent, affiliate, successor, attorney, or assign of
        an individual or entity, on the
        [FFI Solutions Carbon Underground 200 list](https://www.ffisolutions.com/research-analytics-index-solutions/research-screening/the-carbon-underground-200/?cn-reloaded=1);
    -   [3.1.12.](#3.1.12) _Ecocide_: Commit ecocide: _ [3.1.12.1.](#3.1.12.1)
        For the purpose of this section, “ecocide” means unlawful or wanton acts
        committed with knowledge that there is a substantial likelihood of
        severe and either widespread or long-term damage to the environment
        being caused by those acts; _ [3.1.12.2.](#3.1.12.2) For the purpose of
        further defining ecocide and the terms contained in the previous
        paragraph: _ [3.1.12.2.1.](#3.1.12.2.1) “Wanton” means with reckless
        disregard for damage which would be clearly excessive in relation to the
        social and economic benefits anticipated; _ [3.1.12.2.2.](#3.1.12.2.2)
        “Severe” means damage which involves very serious adverse changes,
        disruption, or harm to any element of the environment, including grave
        impacts on human life or natural, cultural, or economic resources; _
        [3.1.12.2.3.](#3.1.12.2.3) “Widespread” means damage which extends
        beyond a limited geographic area, crosses state boundaries, or is
        suffered by an entire ecosystem or species or a large number of human
        beings; _ [3.1.12.2.4.](#3.1.12.2.4) “Long-term” means damage which is
        irreversible or which cannot be redressed through natural recovery
        within a reasonable period of time; and \* [3.1.12.2.5.](#3.1.12.2.5)
        “Environment” means the earth, its biosphere, cryosphere, lithosphere,
        hydrosphere, and atmosphere, as well as outer space (See Section II,
        _Independent Expert Panel for the Legal Definition of Ecocide_, Stop
        Ecocide Foundation and the Promise Institute for Human Rights at UCLA
        School of Law, June 2021);
    -   [3.1.13.](#3.1.13) _Extractive Industries_: Be an individual or entity,
        or a representative, agent, affiliate, successor, attorney, or assign of
        an individual or entity, that engages in fossil fuel or mineral
        exploration, extraction, development, or sale;
    -   [3.1.14.](#3.1.14) _Boycott / Divestment / Sanctions_: Be an individual
        or entity, or a representative, agent, affiliate, successor, attorney,
        or assign of an individual or entity, identified by the Boycott,
        Divestment, Sanctions (“BDS”) movement on its website
        (<https://bdsmovement.net/> and
        <https://bdsmovement.net/get-involved/what-to-boycott>) as a target for
        boycott;
    -   [3.1.15.](#3.1.15) Interfere with Workers' free exercise of the right to
        organize and associate (See Article 20, United Nations Universal
        Declaration of Human Rights; C087 - Freedom of Association and
        Protection of the Right to Organise Convention, 1948 (No. 87),
        International Labour Organization; Article 8, International Covenant on
        Economic, Social and Cultural Rights); and
    -   [3.1.16.](#3.1.16) Harm the environment in a manner inconsistent with
        local, state, national, or international law.
-   [3.2.](#3.2) The Licensee SHALL:
    -   [3.2.1.](#3.2.1) Provide equal pay for equal work where the performance
        of such work requires equal skill, effort, and responsibility, and which
        are performed under similar working conditions, except where such
        payment is made pursuant to: _ [3.2.1.1.](#3.2.1.1) A seniority system;
        _ [3.2.1.2.](#3.2.1.2) A merit system; _ [3.2.1.3.](#3.2.1.3) A system
        which measures earnings by quantity or quality of production; or _
        [3.2.1.4.](#3.2.1.4) A differential based on any other factor other than
        sex, gender, sexual orientation, race, ethnicity, nationality, religion,
        caste, age, medical disability or impairment, and/or any other like
        circumstances (See 29 U.S.C.A. § 206(d)(1); Article 23, _United Nations
        Universal Declaration of Human Rights_; Article 7, _International
        Covenant on Economic, Social and Cultural Rights_; Article 26,
        _International Covenant on Civil and Political Rights_); and
    -   [3.2.2.](#3.2.2) Allow for reasonable limitation of working hours and
        periodic holidays with pay (See Article 24, _United Nations Universal
        Declaration of Human Rights_; Article 7, _International Covenant on
        Economic, Social and Cultural Rights_).

**[4.](#4) SUPPLY CHAIN IMPACTED PARTIES:**

_This section identifies additional individuals or entities that a Licensee
could harm as a result of violating the Ethical Standards section, the condition
that the Licensee must voluntarily accept a Duty of Care for those individuals
or entities, and the right to a private right of action that those individuals
or entities possess as a result of violations of the Ethical Standards section._

[4.1.](#4.1) In addition to the above Ethical Standards, Licensee voluntarily
accepts a Duty of Care for Supply Chain Impacted Parties of this License,
including individuals and communities impacted by violations of the Ethical
Standards. The Duty of Care is breached when a provision within the Ethical
Standards section is violated by a Licensee, one of its successors or assigns,
or by an individual or entity that exists within the Supply Chain prior to a
good or service reaching the Licensee.

[4.2.](#4.2) Breaches of the Duty of Care, as stated within this section, shall
create a private right of action, allowing any Supply Chain Impacted Party
harmed by the Licensee to take legal action against the Licensee in accordance
with applicable negligence laws, whether they be in tort law, delict law, and/or
similar bodies of law closely related to tort and/or delict law, regardless if
Licensee is directly responsible for the harms suffered by a Supply Chain
Impacted Party. Nothing in this section shall be interpreted to include acts
committed by individuals outside of the scope of his/her/their employment.

[5.](#5) **NOTICE:** _This section explains when a Licensee must notify others
of the License._

[5.1.](#5.1) _Distribution of Notice_: Licensee must ensure that everyone who
receives a copy of or uses any part of Software from Licensee, with or without
changes, also receives the License and the copyright notice included with
Software (and if included by the Licensor, patent, trademark, and attribution
notice). Licensee must ensure that License is prominently displayed so that any
individual or entity seeking to download, copy, use, or otherwise receive any
part of Software from Licensee is notified of this License and its terms and
conditions. Licensee must cause any modified versions of the Software to carry
prominent notices stating that Licensee changed the Software.

[5.2.](#5.2) _Modified Software_: Licensee is free to create modifications of
the Software and distribute only the modified portion created by Licensee,
however, any derivative work stemming from the Software or its code must be
distributed pursuant to this License, including this Notice provision.

[5.3.](#5.3) _Recipients as Licensees_: Any individual or entity that uses,
copies, modifies, reproduces, distributes, or prepares derivative work based
upon the Software, all or part of the Software’s code, or a derivative work
developed by using the Software, including a portion of its code, is a Licensee
as defined above and is subject to the terms and conditions of this License.

**[6.](#6) REPRESENTATIONS AND WARRANTIES:**

[6.1.](#6.1) _Disclaimer of Warranty_: TO THE FULL EXTENT ALLOWED BY LAW, THIS
SOFTWARE COMES “AS IS,” WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, AND LICENSOR
SHALL NOT BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DAMAGES OR OTHER LIABILITY
ARISING FROM, OUT OF, OR IN CONNECTION WITH THE SOFTWARE OR THIS LICENSE, UNDER
ANY LEGAL CLAIM.

[6.2.](#6.2) _Limitation of Liability_: LICENSEE SHALL HOLD LICENSOR HARMLESS
AGAINST ANY AND ALL CLAIMS, DEBTS, DUES, LIABILITIES, LIENS, CAUSES OF ACTION,
DEMANDS, OBLIGATIONS, DISPUTES, DAMAGES, LOSSES, EXPENSES, ATTORNEYS' FEES,
COSTS, LIABILITIES, AND ALL OTHER CLAIMS OF EVERY KIND AND NATURE WHATSOEVER,
WHETHER KNOWN OR UNKNOWN, ANTICIPATED OR UNANTICIPATED, FORESEEN OR UNFORESEEN,
ACCRUED OR UNACCRUED, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR RELATING TO
LICENSEE’S USE OF THE SOFTWARE. NOTHING IN THIS SECTION SHOULD BE INTERPRETED TO
REQUIRE LICENSEE TO INDEMNIFY LICENSOR, NOR REQUIRE LICENSOR TO INDEMNIFY
LICENSEE.

**[7.](#7) TERMINATION**

[7.1.](#7.1) _Violations of Ethical Standards or Breaching Duty of Care_: If
Licensee violates the Ethical Standards section or Licensee, or any other person
or entity within the Supply Chain prior to a good or service reaching the
Licensee, breaches its Duty of Care to Supply Chain Impacted Parties, Licensee
must remedy the violation or harm caused by Licensee within 30 days of being
notified of the violation or harm. If Licensee fails to remedy the violation or
harm within 30 days, all rights in the Software granted to Licensee by License
will be null and void as between Licensor and Licensee.

[7.2.](#7.2) _Failure of Notice_: If any person or entity notifies Licensee in
writing that Licensee has not complied with the Notice section of this License,
Licensee can keep this License by taking all practical steps to comply within 30
days after the notice of noncompliance. If Licensee does not do so, Licensee’s
License (and all rights licensed hereunder) will end immediately.

[7.3.](#7.3) _Judicial Findings_: In the event Licensee is found by a civil,
criminal, administrative, or other court of competent jurisdiction, or some
other adjudicating body with legal authority, to have committed actions which
are in violation of the Ethical Standards or Supply Chain Impacted Party
sections of this License, all rights granted to Licensee by this License will
terminate immediately.

[7.4.](#7.4) _Patent Litigation_: If Licensee institutes patent litigation
against any entity (including a cross-claim or counterclaim in a suit) alleging
that the Software, all or part of the Software’s code, or a derivative work
developed using the Software, including a portion of its code, constitutes
direct or contributory patent infringement, then any patent license, along with
all other rights, granted to Licensee under this License will terminate as of
the date such litigation is filed.

[7.5.](#7.5) _Additional Remedies_: Termination of the License by failing to
remedy harms in no way prevents Licensor or Supply Chain Impacted Party from
seeking appropriate remedies at law or in equity.

**[8.](#8) MISCELLANEOUS:**

[8.1.](#8.1) _Conditions_: Sections 3, 4.1, 5.1, 5.2, 7.1, 7.2, 7.3, and 7.4 are
conditions of the rights granted to Licensee in the License.

[8.2.](#8.2) _Equitable Relief_: Licensor and any Supply Chain Impacted Party
shall be entitled to equitable relief, including injunctive relief or specific
performance of the terms hereof, in addition to any other remedy to which they
are entitled at law or in equity.

[8.3.](#8.3) _Severability_: If any term or provision of this License is
determined to be invalid, illegal, or unenforceable by a court of competent
jurisdiction, any such determination of invalidity, illegality, or
unenforceability shall not affect any other term or provision of this License or
invalidate or render unenforceable such term or provision in any other
jurisdiction. If the determination of invalidity, illegality, or
unenforceability by a court of competent jurisdiction pertains to the terms or
provisions contained in the Ethical Standards section of this License, all
rights in the Software granted to Licensee shall be deemed null and void as
between Licensor and Licensee.

[8.4.](#8.4) _Section Titles_: Section titles are solely written for
organizational purposes and should not be used to interpret the language within
each section.

[8.5.](#8.5) _Citations_: Citations are solely written to provide context for
the source of the provisions in the Ethical Standards.

[8.6.](#8.6) _Section Summaries_: Some sections have a brief _italicized
description_ which is provided for the sole purpose of briefly describing the
section and should not be used to interpret the terms of the License.

[8.7.](#8.7) _Entire License_: This is the entire License between the Licensor
and Licensee with respect to the claims released herein and that the
consideration stated herein is the only consideration or compensation to be paid
or exchanged between them for this License. This License cannot be modified or
amended except in a writing signed by Licensor and Licensee.

[8.8.](#8.8) _Successors and Assigns_: This License shall be binding upon and
inure to the benefit of the Licensor’s and Licensee’s respective heirs,
successors, and assigns.
