Diffgram License v2 (DLv2)

Sept 28 2023

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V2 Intent

The intent of DLv2 is to strengthen our community by making the software available to a greater number of companies, especially these two changes:

  1. New contributor license (CL) available at no financial cost. This will allow more companies to contribute and get value from Diffgram.
  2. Companies under $25M funding or $2M revenue can use Diffgram directly under DLv2. This further makes open use applicable to a larger volume of companies.

DLv2 will ultimately strengthen the overall value for everyone including customers with a MSA.

Note this license update was part of a public request for comments (RFC) process.

License

The Licensor grants you a non-exclusive, royalty-free, worldwide, non-transferable license to use works of the Software subject to all the conditions in this document including:

  1. If your Company has over twenty five million in funding or two million in annual revenue; then you must have one of:
    1. Contributor License (CL)
    2. Master Services Agreement (MSA)
  2. You will not copy, distribute, or create derivatives of the Software Works for any purpose other then your Company’s Deployed Usage or Contribution to the Works.
  3. You may not alter, remove, or obscure any licensing, copyright, or other notices.

Acceptance

By using or accessing the Software, You agree to all of the terms and conditions below.

No Other Rights

These terms do not imply any licenses other than those expressly granted in these terms.

Termination

If you use the Works in violation of these terms your license will automatically terminate within 30 days from the first violation.

No Liability

The Software comes “as is”, without any warranty or condition, and the Licensor will not be liable to you for any damages arising out of these terms or the use or nature of the Software, under any kind of legal claim.

Notices

You must ensure that anyone who gets a copy of any part of the Software from you also gets a copy of these terms.

Analytics

Licensor shall have the right collect and analyze data and other information relating to the provision, use and performance of various aspects of the Software and related systems and technologies (including information concerning your metadata), and Licensor will be free to:

  1. use such information and data to improve and enhance the Software and for other development, diagnostic and corrective purposes in connection with the Software and other Company offerings

  2. disclose such data in aggregate or other de-identified form in connection with its business. (Such as the count of installs of Diffgram across customers worldwide).

Contributions

By contributing, such as by raising an issue or a pull request on github, you agree your contributions will be rolled into this license and you waive all rights to your contributions.

Unenforceable Cases

If any provision is found by a United States Court to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this will otherwise remain in full force and effect and enforceable.

Definitions

The Licensor is the entity offering these terms, and the Software is the software the Licensor makes available under these terms, including any portion of it.

  1. You (you, your, Your) refers to the individual or entity agreeing to these terms.

  2. Licensor refers to Diffgram Inc (Diffgram)

  3. Software (Works, Software Works) refers to the overall Diffgram project; including all code and related artifacts Diffgram makes available under this license.

  4. Contribution to the Works means all forms of code, Intellectual Property (IP), feedback, ideas, Pull Requests, or other forms of contribution to the Diffgram project. All Contributions must be exclusively to the Diffgram project; not copies, derivatives, forks, etc.

  5. Deployed Usage means a deployment of the Diffgram software on your hardware for your company’s use and is not competitive with the Works.

  6. Your Company (Company) is any legal entity, sole proprietorship, or other kind of organization that you work for, plus all organizations that have control over, are under the control of, or are under common control with that organization. control means ownership of substantially all the assets of an entity, or the power to direct its management and policies by vote, contract, or otherwise. Control can be direct or indirect.

  7. Your licenses are all the licenses granted to you for the software under these terms.

    1. you must have either of the following licenses means the licenses are in good standing and active.
  8. Use means anything you do with the software requiring one of your licenses.

  9. Trademark means trademarks, service marks, and similar rights.

  10. USD means United States dollar. All financial requirements stated in this document are in USD.

A rendition of the license may be written in markdown format and contains characters like '##' to represent that.