Crosslicense 1.0 (XL-1.0)
This proposed extension to creative commons addresses issues unique to functional works, such as hardware. A creative commons license draws its power from copyright law, which does not cover functional works. Instead, functional works are covered by patents.
The goal of this license is to create a binding ‘share-alike’ relationship with innovators who use your work to create derivative works. It also limits your liability to others who use your work.
As CC uses copyright law, and XL uses patent law, the two are mutually compatible and may be applied separately or together. It is normally meant to be used as an extension to an existing CC license.
XL License 1.0 Legal Text
This cross-license (XL) agrement (the “Agreement”) is a legal agreement between you, either an individual or a single legal entity (“you” or “Licensee”), and the Licensor.
By exercising any rights to the work provided here, you are indicating that you assent to be bound by the terms of this Agreement. If you are an individual working for a company, you represent and warrant that you have all necessary authority to bind your company to the terms and conditions of this Agreement.
If you do not agree to the terms of the Agreement, you are not granted any rights. If you are not willing to be bound by these terms and conditions, you should not use, or should cease all use of, the work.
What this Agreement is:
Under this Agreement, as set out below, the Licensor grants you a license to the Intellectual Property Rights embodied in this work. In return, we ask that you: grant the Licensor a license related to your modifications and derivatives, when and if you make them available to others; and agree to the other terms below.
What this Agreement is not:
This Agreement is not a copyright license. This Agreement does not modify your rights under the licenses for third-party free and open source software.
2. Definitions. As used in this Agreement:
“Derivative Work” means a work based upon the Work or upon the Work and other pre-existing works, such as the incorporation of functional elements within this work into new designs, the translation of this work into different descriptive systems, the reduction of the design into functional embodiments, or the merging of any or all functional elements of the work into other works of a similar nature.
“Licensor” means the individual or entity that offers the Work under the terms of this License.
“Original Author” means the individual or entity who created the Work.
“Work” means the processes, machines, articles of manufacture, or compositions of matter described under the terms of this License.
“You” means an individual or entity exercising rights under this License who has not previously violated the terms of this License with respect to the Work, or who has received express permission from the Licensor to exercise rights under this License despite a previous violation.
“Intellectual Property Rights” means all present and future worldwide trade secrets, patent rights, moral rights, and other proprietary rights throughout the world, excluding trademark and copyrights.
3. Licenses; Restrictions; Ownership
3.1 License Grant. Subject to the terms and conditions of this Agreement, Licensor grants to you a non-exclusive, non-transferable, worldwide, royalty-free license, under the Licensor’s Intellectual Property Rights in the work, to use, reproduce, modify, create derivative works of, and distribute and to make, have made, use, import, offer to sell and sell, and otherwise exploit such work, provided that each recipient agrees in writing to be bound by the terms of this Agreement.
3.2 License to Derivative Works. You retain your ownership rights in your innovations. If you publish, distribute, manufacture, or otherwise make available any Derivative Work or any related descriptions or specifications, you hereby automatically grant to Licensor a non-exclusive, transferable, perpetual, irrevocable, royalty-free, and worldwide right and license under all Intellectual Property Rights to use, reproduce, modify, create derivative works of, and distribute and to make, have made, use, import, offer to sell and sell, and otherwise exploit such Derivative Works and any modifications, improvements, or enhancements they embody.
3.3 Certain Limitations and Licensee Obligations
(a) You agree to reproduce, on all copies made by or for you, and not remove, alter, or obscure in any way, the proprietary rights notices (including the XL license notice) of Licensor on or within the work.
(b) You agree that you will not make or publish any representations, warranties, or guarantees concerning the work or any part thereof on behalf of the Original Author or Licensor (you can warrant your modifications by themselves if you want).
(c) You agree that you will at all times comply with all applicable laws, rules, and regulations in exercising your rights under this Agreement. If you develop a Derivative Work, you are solely responsible for compliance with all applicable laws, rules, and regulations (including without limitation FCC rules and regulations regarding radio frequency transmissions and interference) and for obtaining all required certifications and governmental permits and licenses.
4. Support and Updates. You will be solely responsible for performing support and other services requested or required by anyone who obtains a Derivative Work you create. You may not refer Licensor for such support.
5. Disclaimer of Warranty. THE WORK IS PROVIDED “AS-IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER. TO THE FULLEST EXTENT PERMITTED BY LAW, LICENSOR SPECIFICALLY AND EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES AND CONDITIONS, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS AND ANY WARRANTY ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
YOU AGREE THAT YOU ARE RESPONSIBLE FOR ANY MODIFICATIONS YOU MAKE TO THE WORK OR ACCOMPANYING SOFTWARE. YOU AGREE THAT ANY SUCH MODIFICATIONS AUTOMATICALLY VOID ANY WARRANTIES YOU RECEIVED FOR THE WORK.
6. Limitation of Liability. NEITHER LICENSOR NOR ITS SUPPLIERS WILL BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH, ARISING OUT OF, OR RELATING TO THIS AGREEMENT OR THE USE OF THE WORK, OR FOR THE LOSS OF DATA, INFORMATION OF ANY KIND, BUSINESS, PROFITS, OR FOR OTHER COMMERCIAL LOSS, HOWEVER CAUSED, AND WHETHER OR NOT CHUMBY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LICENSOR’S SUPPLIERS WILL HAVE NO LIABILITY TO YOU. IN NO EVENT WILL LICENSOR’S TOTAL LIABILITY IN CONNECTION WITH, ARISING OUT OF, OR RELATING TO THIS AGREEMENT OR WORK EXCEED ONE HUNDRED US DOLLARS (US$100.00).
7. Term and Termination. The term of this Agreement will begin when (a) you click the “ACCEPT” button for this Agreement or (b) you use the work, or any part of it, whichever comes first, and continue thereafter unless terminated earlier in accordance with this Section 7 or as agreed upon by the parties. This Agreement will terminate automatically and immediately without further notice if you breach it.
Upon termination or expiration of this Agreement for any reason, all licensed rights granted in this Agreement will immediately cease to exist.
8.1 Indemnity. You agree that you will indemnify and hold licensor harmless from any loss, cost, liability, damage, or expense (including attorney’s fees) arising from or related to your creation, use, manufacture, sale, or distribution of any work or derivative work.
8.2 Export. You agree that you will comply with all applicable laws and restrictions and regulations of the Department of Commerce and agencies or authorities of the United States and similar regulations applicable to any other country to which this Agreement relates, including the U.S. Export Administration Act, regarding the export of technology with respect to the work.
8.3 Relationship of the Parties. Each party will be deemed to be an independent contractor, and neither party will be, or hold itself out to be, a partner, employee, franchisee, representative, servant, or agent of the other party. No provision of this Agreement is intended or will be construed to confer upon or give to any person or entity other than Licensor, Licensor’s suppliers, and you any rights, remedies, or other benefits under or by reason of this Agreement.