HIPPOCRATIC LICENSE

Version 3.0, October 2021

https://firstdonoharm.dev/version/3/0/


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


1. DEFINITIONS

1.1 "License" means the terms and conditions for use, copy, modification,
preparation of derivative work, reproduction, and distribution of Software.

1.2 "Licensor" means the copyright and/or patent owner or entity authorized by
the copyright and/or patent owner granting the License.

1.3 "Licensee" means the individual or entity exercising permissions granted by
this License.

1.4 "Software" means any copyrighted work, including software code, authored by
Licensor and made available under this License.

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 "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.

1.7 "Duty of Care" is defined by its use in tort law, delict law, and/or
similar bodies of law, including a requirement to act with watchfulness,
attention, caution, and prudence toward any Supply Chain Impacted Party.

1.8 "Worker" includes permanent, temporary, and agency workers, as well as
piece-rate, salaried, hourly paid, young (minors), part-time, night, and
migrant workers.


2. INTELLECTUAL PROPERTY GRANTS

2.1 Grant of Copyright License: Licensor grants Licensee a worldwide,
non-exclusive, no-charge, royalty-free copyright license to use, copy, modify,
prepare derivative work, reproduce, or distribute the Software.

2.2 Grant of Patent License: Licensor 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. ETHICAL STANDARDS

Rights granted are expressly subject to Licensee's ongoing compliance with the
following conditions:

3.1 The Licensee SHALL NOT, whether directly or indirectly, through agents or
assigns:

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 (United
Nations Universal Declaration of Human Rights Article 3; International Covenant
on Civil and Political Rights Article 6).

3.1.2 Hold any person in slavery, servitude, or forced labor (United Nations
Universal Declaration of Human Rights Article 4; International Covenant on
Civil and Political Rights Article 8).

3.1.3 Contribute to the institution of slavery, slave trading, forced labor, or
unlawful child labor (United Nations Universal Declaration of Human Rights
Article 4; International Covenant on Civil and Political Rights Article 8).

3.1.4 Torture or subject any person to cruel, inhumane, or degrading treatment
or punishment (United Nations Universal Declaration of Human Rights Article 5;
International Covenant on Civil and Political Rights Article 7).

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 (United Nations Universal Declaration of
Human Rights Article 7; International Covenant on Economic, Social and Cultural
Rights Article 2; International Covenant on Civil and Political Rights Article
26).

3.1.6 Prevent any person from exercising their right to seek an effective
remedy by a competent court or national tribunal for actions violating
fundamental rights granted to them by applicable constitutions, applicable laws,
or by this License (United Nations Universal Declaration of Human Rights
Article 8; International Covenant on Civil and Political Rights Articles 9 and
14).

3.1.7 Subject any person to arbitrary arrest, detention, or exile (United
Nations Universal Declaration of Human Rights Article 9; International Covenant
on Civil and Political Rights Article 9).

3.1.8 Subject any person to arbitrary interference with privacy, family, home,
or correspondence without express written consent of the person (United Nations
Universal Declaration of Human Rights Article 12; International Covenant on
Civil and Political Rights Article 17).

3.1.9 Arbitrarily deprive any person of their property (United Nations
Universal Declaration of Human Rights Article 17).

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 intellectual property or
traditional knowledge of indigenous peoples, without free, prior, and informed
consent of indigenous peoples concerned (United Nations Declaration on the
Rights of Indigenous Peoples Articles 8 and 10).

3.1.11 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.

3.1.12 Commit ecocide: the 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.

3.1.13 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 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 as a target for
boycott.

3.1.15 Be an individual or entity that engages in any commercial transactions
with the Taliban or is a representative, agent, affiliate, successor, attorney,
or assign of the Taliban.

3.1.16 Be an individual or entity that engages in any commercial transactions
with the Myanmar/Burmese government or is a representative, agent, affiliate,
successor, attorney, or assign of the Myanmar/Burmese government.

3.1.17 Be an individual or entity, or a representative, agent, affiliate,
successor, attorney, or assign of any individual or entity, that does business
in, purchases goods from, or otherwise benefits from goods produced in the
Xinjiang Uygur Autonomous Region of China.

3.1.18 Be an individual or entity which U.S. Customs and Border Protection (CBP)
has currently issued a Withhold Release Order (WRO) or finding against, or that
is a representative, agent, affiliate, successor, attorney, or assign of an
individual or entity that does business with an individual or entity which
currently has a WRO or finding from CBP issued against it.

3.1.19 Be an individual or entity, or a representative, agent, affiliate,
successor, attorney, or assign of an individual or entity, that is mentioned in
a truth commission report of any country that has undergone a formal or informal
transitional justice process and that did not adequately remedy the communities
impacted by it or did not follow the recommendations of the truth commission or
any other transitional justice mechanism.

3.1.20 Be an individual or entity, or a representative, agent, affiliate,
successor, attorney, or assign of an individual or entity, responsible for the
detention of immigrants, refugees, or asylum seekers, irrespective of past,
present, or pending legal status.

3.1.21 Be a government agency or multinational corporation, or a representative,
agent, affiliate, successor, attorney, or assign of a government or multinational
corporation, which participates in mass surveillance programs.

3.1.22 Be an entity or a representative, agent, affiliate, successor, attorney,
or assign of an entity which conducts military activities.

3.1.23 Be an individual or entity, or a representative, agent, affiliate,
successor, attorney, or assign of an individual or entity, that provides goods
or services to, or otherwise enters into any commercial contracts with, any
local, state, or federal law enforcement agency.

3.1.24 Be an individual or entity, or a representative, agent, affiliate,
successor, attorney, or assign of an individual or entity, that broadcasts
messages promoting killing, torture, or other forms of extreme violence.

3.1.25 Interfere with Workers' free exercise of the right to organize and
associate (United Nations Universal Declaration of Human Rights Article 20; ILO
Convention 87; International Covenant on Economic, Social and Cultural Rights
Article 8).

3.1.26 Harm the environment in a manner inconsistent with local, state,
national, or international law.

3.2 The Licensee SHALL:

3.2.1 Always use worker driven social responsibility mechanisms over traditional
social auditing mechanisms, to the extent the Licensee uses any social auditing
mechanisms at all.

3.2.2 Provide clear, accessible supply chain data to the public, including all
data on Licensee's website or other online platform accessible to the public via
an internet search on a common internet search engine, which will include, where
applicable, manufacturers, top tier suppliers, subcontractors, cooperatives,
component parts producers, and farms.

3.2.3 Provide equal pay for equal work where 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:
(a) a seniority system
(b) a merit system
(c) a system which measures earnings by quantity or quality of production
(d) a differential based on any factor other than sex, gender, sexual
    orientation, race, ethnicity, nationality, religion, caste, age, medical
    disability or impairment, and/or any other like circumstances
(United Nations Universal Declaration of Human Rights Article 23; International
Covenant on Economic, Social and Cultural Rights Articles 6, 7, and 10;
International Covenant on Civil and Political Rights Article 26).

3.2.4 Allow for reasonable limitation of working hours and periodic holidays
with pay (United Nations Universal Declaration of Human Rights Article 24;
International Covenant on Economic, Social and Cultural Rights Article 7).


4. SUPPLY CHAIN IMPACTED PARTIES

4.1 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 Breaches of the Duty of Care 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, 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 the scope of their employment.


5. NOTICE

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. Licensee must ensure that
License is prominently displayed so that any individual or entity seeking to
download, copy, use, or 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 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 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, is a Licensee as defined in section 1.3 and is subject to
the terms and conditions of this License, including this Notice provision.


6. REPRESENTATIONS AND WARRANTIES

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 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. TERMINATION

7.1 Violations of Ethical Standards or Breaching Duty of Care: If Licensee
violates the Ethical Standards section or breaches its Duty of Care to Supply
Chain Impacted Parties, Licensee must remedy the violation or harm caused within
30 days of being notified by Licensor or any Supply Chain Impacted Party 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.

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 of
the notice. If Licensee does not do so, Licensee's License (and all rights
licensed hereunder) will end immediately.

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 Patent Litigation: If Licensee institutes patent litigation against any
entity (including a cross-claim or counterclaim in a lawsuit) alleging that the
Software, all or part of the Software's code, or a derivative work developed
using the Software 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 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. MISCELLANEOUS

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 this License.

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 of this License, in addition to any other remedy to
which they are entitled at law or in equity.

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, such
determination shall not affect any other term or provision of this License and
such invalid, illegal, or unenforceable term or provision shall be deemed null
and void. In the event of a determination that any term or provision is invalid,
illegal, or unenforceable, the parties shall negotiate in good faith to modify
this License to effect the original intent of the parties as closely as possible
in order that the transactions contemplated hereby be consummated as originally
contemplated to the greatest extent possible. However, if a provision of this
License pertains to the Ethical Standards section, all rights in the Software
granted to Licensee shall be deemed null and void as per Section 7.3.

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 Citations: Citations are solely written to provide context for the source of
the provisions in the Ethical Standards.

8.6 Section Summaries: Some sections have brief descriptions which are provided
for the sole purpose of briefly describing the underlying section and should not
be used to interpret the terms of this License.

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 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.
