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LICENSE.txt
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(Holloway) Chew, Kean Ho’s Proprietary License
Covering all terms and conditions for this license
ID:
chewkeanho-proprietary
Version:
v3.0.0
Authored & Reviewed By:
(Holloway) Chew, Kean Ho <[email protected]>
Available at:
https://doi.org/10.5281/zenodo.13767361
--------------------------------------------------------------------------------
This agreement is made on the date and time whichever earliest either
specifically stipulated or by the first execution of any designated action
specified in the “Covenant Assignment, Ratification, and Tenure” section
of this Covenant herein:
BETWEEN
1. The principal Entity (as defined in this Covenant) providing one or
more Products (as defined in this Covenant) and/or Services
(as defined in this Covenant) directly hereinafter refers as
“PRINCIPAL”
2. Any Entity (as defined in this Covenant) providing one or more
Contribution(s) (as defined in this Covenant) for the betterment of
the Product (as defined in this Covenant) directly or indirectly,
with or without, independent or dependent of the PRINCIPAL’s
involvement or authorizations hereinafter refers as “CONTRIBUTOR”
3. Any Entity (as defined in this Covenant) providing Services
(as defined in this Covenant) for delivering the values of the
Products (as defined in this Covenant) directly or indirectly, with
or without, independent or dependent of the PRINCIPAL’s and/or
CONTRIBUTOR’s involvement or authorizations hereinafter refers as
“CONCIERGE”
(PRINCIPAL, CONTRIBUTOR, and CONCIERGE shall be collectively referred to
as “Provisioning Parties”)
AND
1. YOU, where you’re a legally liable Entity
(as defined in this Covenant) authorized to use one or more
Provisioning Parties’ Products (as defined in this Covenant) and/or
Services (as defined in this Covenant) subjected to these terms and
conditions herein hereinafter referred as “CLIENT”
(CLIENT shall be collectively referred to as “Receiving Parties”)
(the Provisioning Parties and the Receiving Parties shall be collectively
referred to as “Parties”)
WHEREAS:
A. The Receiving Parties are desirous of appointing the
Provisioning Parties for one or more of their Products
(as defined in this Covenant) and/or Services
(as defined in this Covenant). At the request of the
Receiving Parties, the Provisioning Parties agrees to provide the
values and services of the Products (as defined in this Covenant)
and/or Services (as defined in this Covenant) to the
Receiving Parties upon the terms and subject to the conditions set
out in this Covenant.
NOTE THE PARTIES ARE AGREED as follows:
1 Definitions
1.1 Words importing the singular number includes the plural number and
vice versa.
1.2 Words importing the masculine gender including feminine.
1.3 Time whenever referred to in this Covenant shall be of the essence.
1.4 Unless otherwise specified, all capitalized terms shall have the
meaning set forth in this Covenant. All other terms not defined
herein shall have the meaning as may generally be accepted by
industrial based on context used herein.
"Account" means an identifiable and manageable context data container
assigned for You that offers one or more automated or self-serviceable
Services such as but not limited to financial management,
licenses management, agreements management, biodata management; and the
values of the Products directly and indirectly via Our User Interfaces.
"Authentication Credentials" means any confidential and uniquely
identifiable information with access authorization and authentication
capability such as but not limited to username, email addresses,
phone numbers, passwords, 2-factor authentication token and its
generator.
"Creator" means the entities involving directly and indirectly towards
the Product's Content creation, modification, actualization, and
realization such as but not limited to Us, the Contributing Entities,
the publishers, the inventors, the writers, the designers, the editors,
the curator, and etc.
"Content" means a literary, an appreciative value, or an artistic
property (such as but not limited to a text, book, title, writing,
artwork, images, movie, website, software, or musical composition) be it
in its tangible and/or intangible physical form that is capable of being
produced, reproduced, manufactured, printed, copied, sold, licensed,
distributed, transformed to another medium, translated, recorded or
performed or otherwise use (or not use) and to give it to another by will;
and is governed by copyrights laws, manufacturing laws,
intellectual properties laws, and other applicable governing laws of Your
and Our countries of operations and countries of residences.
"Contribute", "Contributing", "Contribution" means the action of producing
or directly referring to the work of authorship, craftsmanship, goods, and
services; including the original version of the Product or the Service and
any modifications or additions to that Product, Service, Derived Product,
or Derived Service thereof; that is intentionally submitted by the means of
any form be it electronic, verbal, physical, or written communication such
as but not limited to logistical goods delivery, communication on electronic
mailing lists, source code control systems, and issue tracking systems to Us
for inclusion into the Product or the Service by Us or by an Entity with
submission authority for the work's owner rights with the sole purpose of
discussing and improving the Product or the Service but excluding
communication that is conspicuously marked or otherwise designated in
writing by Us as "not a contribution".
"Covenant" means the terms and conditions designated in this legally
binding document which can be but not limited to a contract, license,
agreement, terms and conditions, terms of use, or privacy policy agreed by
You and Us.
"Crypto", "Cryptography", "Cryptographic", "Cryptograpically" means the
use of one or more cryptographic algorithms such as but not limited to
AES-256, ChaCha20-Poly1305, HMAC, Argon-2i, CAMELLIA, and SHASUM to mutate
or seal a given data for achieving one or more, single or combination
motive of security properties such as but not limited to confidentiality,
integrity, authenticity, availability, non-repudiation, and uniqueness
exclusivity.
"Entity" means the union of the legally liable acting entity and all other
entities that control, are controlled by, or are under common control with
that entity where "control" means (i) the power, direct or indirect, to
cause the direction or management of such entity, whether by contract or
otherwise, or (ii) ownership of fifty percent (50%) or more of the
outstanding shares, or (iii) beneficial ownership of such entity such as
but not limited to an individualistic natural person, a group of
individualistic natural people, a sole proprietorship, a partnership, a
corporate body, a governmental body or agency, or otherwise of any kind
established under the laws, rules and/or regulations for the time being
in force and which may come into force.
"Fair Use" means the "Fair Use" clauses of the applicable governing laws
such as but not limited to copyright laws from Your and Our countries of
operations and countries of residences.
"Grant" means the specific and exclusive terms and conditions such as but
not limited to use rights, the type of ability, its effective periods,
its limitations and scopes, its conditions of use, its prohibitions,
its overriding terms and conditions, its amending terms and conditions,
and Your Payment details approved and permitted by Us for You delivered
strictly in written and self-verifiable format.
"Interface", "Interfacing" means the action of interacting with or
directly referring to an interactive control surfaces offered by
a Product or a Service, regardless of its design intention, externally
made available for its users to use and to control the Product's or
the Service's operations itself with or without revealing its internal
operating mechanisms such as but not limited to control buttons hardware
panels, controller, User Interfaces,
application programmable interfaces (API),
application binary interface (ABI), and piping valves controls.
"Notice" means all official bill statements, receipts, notices, requests,
notice of demands, writ of summons, all other legal processes and/or other
communications/documents.
"Payment" means a monetary transactional financial payable amount through
any facilitated Payment Method.
"Payment Method" means one or more facilitated official financial monetary
exchange channels such as, but not limited to: (i) bank transfer;
(2) e-wallet transfer; (3) credit card charging transfer;
(4) cash transfer.
"PDPA" means any personal data protection clauses from the applicable
governing laws of Your and Our countries of operations and countries of
residences such as but not limited to
Malaysia’s Personal Data Protection Act 2010.
"PII" means any personal identifiable information that can distinguish or
trace back to an individualistic natural person's identity, either
singularly on its own or when combined with other personal identifiable
information such as but not limited to biodata, behavioral data,
biometric data, fingerprint data, and health data which,
by nature and by default, is a Sensitive Data protected under PDPA.
"Procure", "Procurable", "Procurement" means the action of obtaining or
referring to the obtainment of a subject such as but not limited to the
Product, either though the means of Purchase or the means of provided
freely, from Us or from a third party regardless of its affiliation or
recognition with Us.
"Product" means a procurable tangible or intangible serviceable packaged
goods and services (not to be confused with Service) such as but not
limited to software, software source codes, compiled software binaries,
complied software libraries, computing devices, graphic materials,
Computer Aided Design (CAD) files, architecture artifacts, consumable meal,
clothing, data processing services, content creation services,
and repair services offered by Us.
"Purchase" means the action of obtaining or referring to the obtainment
of a subject such as but not limited to the Product though the means of
performing one or more Payment.
"Right to Use" means a specific type of legal right for using a subject
such as but not limited to a Product, a Service, a patent, a trademark,
and a legal name under the terms and conditions of one or more of its
owners.
"Sensitive Data" means the information that is protected against
unwarranted disclosure such as but not limited to PII,
Authentication Credentials, or financial data.
"Service" means the required customer services offered by Us or a third
party Entity regardless of its affiliation or recognition with Us in
order to deliver the value of a Procured Product or the value of a
Contribution to a Product such as but not limited to logistical goods
delivery, concierge, custom processing, and etc.
"User Interface" means the end-user interactive Interface designed and
facilitated by Us for You to communicate with one or more Products or
Services such as but not limited to web application; web app; mobile app;
books; manuals; smart devices; and Our Web Portal.
"You", "Yours" means the Receiving Parties.
"Web Portal" means any browse-able Content platforms accessible via a
computer network locally or remotely under a domain name
(e.g. hollowaykeanho.com) or an IP address of any version
(e.g. 127.0.0.1 or 0000:0000:0000:0000:0000:0000:0000:0001) alongside with
all its paths (e.g. www.hollowaykeanho.com/about) and all its subdomains
(e.g. legal.hollowaykeanho.com) of any kinds directly from Us and
indirectly from Our approved third-party service providers.
"We", "Us", 'Our" means the Provisioning Parties and any of their
subsidiaries, affiliates, or successors.
2 Covenant Assignment, Ratification, and Tenure
2.1 Should the Covenant is under version controlled; except when a valid
and specific version is explicitly reproduced either through the
locally available Covenant Notice file or declared and reproduced by
the Product itself in which that version shall be enforced; the
latest and greatest version of the entire Covenant of its
understanding, proposals, representations, and warranties relating to
the subject matter shall, with prejudice, prevail, be enforced, and
superseding all previous versions.
2.2 No rule of construction or interpretation shall apply to prejudice
the interest of the party preparing the Covenant.
2.3 Those clauses which by their nature would survive the termination of
the Covenant shall so survive.
2.4 This Covenant shall be binding on and shall inure for the benefit of
each Party’s permitted assigns, successors in title,
personal representatives, executors, and administrators.
2.5 If any part of this Covenant is, for any reason, declared invalid or
unenforceable, the validity of the remaining part shall remain in full
force and effect as if this Covenant had been executed without the
invalid parts.
2.6 This Covenant shall be agreed and ratified by You, be effective, and
be in-force until terminated according to these terms and conditions
starting on the date and time whichever earliest from one or more
explicitly specified actions herein such as but not limited to:
2.6.1 fulfilling checkbox in the web form submission from any of
Our User Interfaces; OR
2.6.2 Procuring the Product from any source with or without Ours’
authorizations be it directly from Us or from a third-party
Entity regardless of its affiliation or recognition with
Us; OR
2.6.3 performing the Payment for Purchasing the Product as part of
the Procurement; OR
2.6.4 delivering a formal written Notice referencing to this
Covenant signed by You to Us; OR
2.6.5 agreement upon any other Product or Service level external
terms and conditions extended from this Covenant specified
therein; OR
2.6.6 actively or passively using, reading, analyzing, editing,
modifying, updating, remixing, remastering, deleting,
reverse engineering, or any unspecified action otherwise to
part of or all of the Product regardless of Our written
authorizations or Covenant Grant provisioning status to
You; OR
2.6.7 indirectly using the Product in a legally non-contactable
manner such as but not limited to serving part of or all of
it as a training dataset for artificial intelligence and
neural network training purposes where, under this Covenant,
shall be strictly deemed as the definition of “Right to Use”
instead of the disputable “Right to Learn” since the latter
is still requiring the use the former at minimal, by reading,
in order to perform the act of learning.
2.7 You are not permitted to assign or novate any or parts of the rights
and obligations under the Covenant to any party without Our written
approval.
2.8 We may assign or novate all or parts of the Covenant to any third
party by written Notice without prior consent from You and You shall
agree to make all subsequent payments (if applicable) and commitment
to Us as instructed in such further Notice.
3 Grant of the Covenant
3.1 The Content in the Product and the Product itself are proprietary to
Us and are covered by the patent laws, patents in process,
manufacturing and fabrication laws, design laws,
trade secrets protections, copyright laws, and any other appropriate
governing laws of the Your and Our countries of operations and
countries of residences.
3.2 Subject to the terms and conditions of this Covenant, we hereby offer
You the following categories of Procurable Grant in written and
self-verifiable form where they permit a specific type of
Right to Use:
3.2.1 Personal Use Rights – authorizing the ability to use for
individual non-commercial deployment
excluding representations or
reactionary implications in which they
are under the “Representation Right”
category; AND
3.2.2 Commercial Use Rights – authorizing the ability to use for
any beneficial and monetary gains in
any kind or form such as but not
limited advertisement
commissions; AND
3.2.3 Repair and Restoration Rights – authorizing the ability to
perform repair or replacement
authorized parts of or all of
the Product owned by You or
by a third party regardless
of its affiliation or
recognition with You or
Us; AND
3.2.4 Representation Rights – authorizing the ability to review,
create reactionary implications of,
and market the Product as Our
recognized associated marketing
affiliation, representing or on
behalf of Us outside the provision
of Fair Use; AND
3.2.5 Editing, Modifying, Updating, and Remastering Rights –
authorizing the ability to perform
any modifications to the
Product; AND
3.2.6 Derivative and Remix Rights – authorizing the ability to
create any
Derived Product; AND
3.2.7 Patent Use Rights – authorizing the ability to use our
patented intellectual properties within
part of or all of the Product; AND
3.2.8 Industrial Design Use Rights – authorizing the ability to
use our registered industrial
design within part of or all
of the Product; AND
3.2.9 Integrated Circuit Layout Design Use Rights – authorizing the
ability to use our registered
integrated circuit layout
design within part of or all
of the Product; AND
3.2.10 Trade Secret Access and Use Rights – authorizing the ability
to use our registered
industrial design within part
of or all of the Product; AND
3.2.11 Distribution Rights – authorizing the ability to distribute
the Product or Derived Product to a
third-party or Your recipient such as
but not limited logistical delivery
and online download capability; AND
3.2.12 Redistribution Rights – authorizing the ability to retail or
to resell the Product or
Derived Product to a Your
third-party distributor or Your
third-party retailers; AND
3.2.13 Miscellaneous Rights – authorizing, subjected to Our
approval, any applicable Right to Use
not categorized as above such as but
not limited to new discovery across
the future timeline.
3.3 In the absent of one or more valid and Procured Grant listed in all
its sub-clauses of Clause 3.2, You are prohibited from performing
any action to part of or all of Our Product such as but not limited
to source, download, read, preview, analyze, bypass, descramble,
decipher, compile, disassemble, inflicting fatally or non-fatal harm
or injury to Yourself or to another, reverse engineer, perform any
forms of attack to its licensing mechanism for circumvention, or any
action otherwise including keeping a copy of the Product under your
possession by any means or in any form regardless of directly or
indirectly from Us or from a third party Entity regardless of Our
affiliation or recognition.
3.4 In lieu with Clause 3.3, in the event where you’re prohibited to
perform any action to Our Product, You shall remove, purge, and
delete all copies of the Product under Your possession with the
absolute intention of not using or refrain from using the Product
until Your next successful Grant Procurement.
3.5 With all the specific overriding terms and conditions from one or
more Procured Grant listed in all its sub-clauses of Clause 3.2 from
Us to You, You agree and ratify that:
3.5.1 Your use of Our Product shall be bounded within and only
within all the Procured Grants’ overriding terms and
conditions such as but not limited to its use authorities,
specified purposes, allocated time frame, and deployment
scopes; AND
3.5.2 You can contact Us inquiring matters related to the Covenant
and any of its Grant for any amendments, request or validity
time extension, termination in accordance to our business
trade policies; AND
3.5.3 You comply with all applicable laws of Your and Our
countries of operations and countries of residences related
to the use of the Procured Products; AND
3.5.4 You are fully responsible for:
3.5.4.1 all equipment and assets Procured necessary to use
the Procured Products; AND
3.5.4.2 the security and integrity of all information data
transmitted, disclosed, and/or obtained via the
use of Our Products; AND
3.5.4.3 all usage and charges for the Procured Products,
including Payment and Service charges and any
related charges related to Us pursuant to this
Covenant in a timely manner; AND
3.5.4.4 comply to all Notices and the instructions within
provided by Us from time to time and cease to
utilize the Product as may be required by Us such
as but not limited maintenance downtime; AND
3.5.4.5 providing and updating Your PII to Us with the
highest accuracy and latest data from time to time
including but not limited to including electronics
and physical addresses and/or employment or
business in the case of physical goods delivery.
3.6 We reserve the right to charge one or more Grant listed in all
Clause 3.2 sub-clauses at Our discretion and You shall perform the
required Payment for the Purchase of the Grant as part of or all of
Your Procurement in accordance to the terms of conditions of our
business trade policies such as but not limited to:
3.6.1 You shall contact Us for quoting an interim price lock
prior to perform any Purchase subjected to availability; AND
3.6.2 We shall provision all the Grants in an offline readable,
usable, and self-verifiable written file or key file form
such as but not limited to using Cryptographically signed
digital signature to warrant the Grant’s PDF certificate
originality and non-tempering properties to You.
3.7 You agree, ratify, consent, allows, and has no objections that You
shall provide the required PII to Us in accordance to PDPA for:
3.7.1 creating Your Account to manage and offer one or more
self-serviceable Services between You and Us; AND
3.7.2 fulfilling the banking and Payment transaction requirements
including electronics and physical addresses and/or
employment or business when physical goods delivery is
required.
3.8 We reserve the right to review Your conducts and Contents on
compliance with all applicable terms and conditions detailed in
this Covenant and its Grants from the usage of the Product at any
time and at Our own discretion.
3.9 In lieu with Clause 3.8, where any violation is found, We reserve
the right to perform any countermeasures, with or without prior
Notice, with or without permission from You, such as but not
limited to:
3.9.1 deleting the subjected Contents belonging to You from Our
Products with or without Notice; AND
3.9.2 ceasing, suspending, and deleting Your Account and its
access to Our Products definitely or indefinitely; AND
3.9.3 cooperating with local enforcement or similar authorities
for any legal, law, regulatory violation and breaches
committed by You.
4 Trademark, Names, and Registered Identifier
4.1 This Covenant does not grant You the permission to use the
trade names, trademarks, service marks, product names, legal names,
geographical indicator (GI), protected geographical indicator (PGI),
protected designated indicator (PDI), or any other registered
identifier of any Creator, any Contributing Entity, or any of Us;
except as required for reasonable and customary use in describing
the origin of the Product and reproducing the content of the
Notice file.
5 Disclaimer of Warranty
5.1 In the absent of any valid and Procured Grant listed in all its
sub-clauses of Clause 3.2, then the Product shall be "as is" basis,
without warranties or conditions of any kind, either express or
implied, including, without limitation, any warranties or conditions
of merchantability, or fitness for a particular purpose so You are
solely responsible for all the consequences of Your unauthorized use
including but not limited to legal actions from Us and from one or
more third party Entities.
5.2 In the presence of one or more valid and Procured Grant listed in
all its sub-clauses of Clause 3.2 provisioned by Us to You,
the Product’s warranties and risks coverage shall only comply to
those overriding terms and conditions specified therein.
5.3 While all Creators, all Contributing Entities, and Us are committed
to protect Your Sensitive Data such as but not limited to placing
the required technologies and standards to protect them, we do not
guarantee or warrant a completely zero incident of any unauthorized
or accidental access to such data.
6 Limitation of Liability
6.1 In no event and under not legal theory, whether in tort
(including negligence), contract or otherwise; unless required by
applicable law (such as deliberate and grossly negligent acts) or
agreed to in writing; You agree to indemnify and shall keep Us,
all Creators, and All Contributing Entities indemnified from any
direct, indirect, special, incidental, or consequential loss or
damages of any character or form such as but not limited to
claim of libel, privacy and/or copyright infringement,
patent litigation, legal actions, breach of trust,
breach of confidence, and breach of any law of regulations; even
under advisory of the possibility of such damaging consequences;
arising out of:
6.1.1 this Covenant; OR
6.1.2 loss of use, or inability to use (including but not limited
to damages for loss of goodwill, work stoppage,
failure or malfunction, or any other form of interruption,
damages, or losses) of the Product; OR
6.1.3 data or profits of the Product; OR
6.1.4 Any consequence, whether in an action of contract,
negligence or other tortious action, arising out of or in
connection with the use or performance of the Product.
6.2 Without limiting the generality of any provision in this Covenant,
You agree to indemnify and shall keep all Creators,
all Contributing Entities, and Us indemnified from any failure to
perform any obligation by us or by the Product, any loss, any damage,
any liability or any expense caused by force majeure for whom we has
no control over or any cause outside our reasonable control such as
but not limited to an act of God, insurrection or civil disorder,
military operations, act of terrorism, emergency, acts or omission
of Government or any competent authority, labor trouble or
industrial disputes of any kind, fire, lightning, landslide,
earthquake, subsidence, explosion, floods, radio interference,
room temperature fluctuation, power disruptions,
infrastructure collapses, or acts of omission of persons or bodies
not from us.
6.3 Due to the global and technological nature of the digital data
processing businesses, for the purpose set out in this Covenant,
You hereby grant all Creators, all Contributing Entities, and Us
to perform any transfer of Your Sensitive Data to any associated
and applicable third parties such as but not limited to certified
datacenter or certified Sensitive Data security service provider
outside Your and Our countries of operations and countries of
residences in which the recipient shall provide a standard of
protection for the received Sensitive Data comparable to that of
Your and Our PDPA; and hereby indemnify all of us from any of its
consequences arising therein.
6.4 Without limiting the generality of any provision in this Covenant,
You agree to indemnify and shall keep all Creators,
all Contributing Entities, and Us indemnified from any consequences
yielded from any unauthorized or accidental access to Your
Sensitive Data as we do not guarantee or warrant a complete zero
incident of such from happening.
6.5 You agree that should any legal judiciary court of any country is
involved with You allegedly violating any of the terms and conditions
of this Covenant in any of Your pursue, You agree that regardless
of any judiciary conclusion be it a bona-fide violation as the
defendant or a false allegation from the plaintiff, both sides had
indiscriminately incurred a minimum amount of damage values to the
winning party where the legal judiciary court deemed worthy for
initiating a proceeding wherever applicable such that the specified
amount is constituted from the following, whichever highest:
6.5.1 a minimal amount of 120,000.00
(one hundred and twenty thousand) of the biggest globally
trading reserve currency dated to the first day of the
litigation is filed (e.g. 120 thousand US Dollar as of
year 2024) plus its adjusted inflation starting from date of
this Covenant agreed and ratified by You; OR
6.5.2 the minimum value decided by the judiciary court overruling
Clause 6.5.1.
7 Applying the Covenant to Your Product
7.1 To apply this Covenant to Your Product, You shall attach the
following boilerplate Notice, with the fields enclosed by brackets
“[]” replaced with your own identifying information without
including the brackets themselves.
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Copyright [YEAR] [FULL_LEGAL_NAME] [CONTACT_LIKE_EMAIL_ADDRESS]
Licensed under the (Holloway) Chew, Kean Ho’s Proprietary License
(the "License"); you may not use this content except in compliance with
the License. You may obtain a copy of the License at
https://doi.org/10.5281/zenodo.13767361
DISSEMINATION OR REPRODUCTION PART OF OR ALL OF THE CONTENT IS STRICTLY
FORBIDDEN UNLESS ONE OR MORE APPLICABLE WRITTEN GRANT IS PROCURED FROM THE
CORRESPONDING COPYRIGHT HOLDERS. See the License for the specific language
governing permissions and limitations under the License.
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7.2 In lieu with Clause 7.1, the text should be enclosed in the
appropriate comment syntax for the file format.
7.3 We also recommend that a file or class name and description of
purpose be included on the same “printed page” as the
copyright Notice for easier identification within third-party
archives.