Team Ethertaco Public License

Preamble (序言)

The Team Ethertaco Public License (TEPL) is a free, source-available, strong copyleft license. It is designed to ensure collaborative development and community reciprocity while establishing clear boundaries for its application.

This license is founded on the principle that the Software should be freely available for public inspection, academic use, personal projects, and non-commercial collaboration. To maintain this principle, TEPL intentionally establishes a high barrier for commercial application. It achieves this by generally prohibiting Commercial Use and by creating a strong presumption against the sale of separate commercial licenses, thereby steering the project towards community-based support and non-profit models of sustainability. The Copyright Steward reserves the right to interpret the "Commercial Use" clauses herein.

To aid in understanding and applying this License, the Copyright Steward may publish Official Commentary or Explanatory Guides. While not forming part of the binding legal text, these documents represent the Steward's official interpretive stance. Furthermore, this License highly values and aims to protect individual contributions made in a personal capacity.

1. Definitions (定义)

1.1. "Software"

The original copyrighted work licensed under this License, including all source code, object code, documentation, configuration files, and associated resources distributed with the original work.

1.2. "Modification"

Any alteration, addition, or deletion to the Software's structure, functionality, or behavior, including the creation of derivative works based on the Software.

1.3. "Distribute"

To transfer a copy of the Software or a Modification to a third party, or to make its functionality accessible to a third party, including through network services (SaaS, PaaS, etc.).

1.4. "Commercial Use"

Any application of the Software or a Modification is considered "Commercial Use" if it is used in a product or service that generates revenue (including from sales, subscriptions, advertising, or service fees), AND where the Software or Modification is integral to that product or service's core functionality.

For clarity, any use of the Software by a for-profit entity that provides material support to its business operations is rebuttably presumed to be Commercial Use. The burden of proof to rebut this presumption lies with the user.

Safe Harbor Clarifications: For the avoidance of doubt, the following uses are always considered Commercial Use under this license:

• Providing the Software's functionality as a subscription-based service (SaaS).
• Selling a physical or virtual product where the Software is the core operating system or engine.
• Providing paid professional services (such as support, consulting, or integration) where the Software is a central component of the service delivered.
• Using the Software as a core instructional or practical tool in a for-profit educational program, such as a paid online course or commercial training bootcamp.
• Utilizing the Software as a backend component, data processing engine, or API provider that directly enables or supports a commercially offered product or service.
• Deploying the Software as an internal service or platform that is essential for the development, operation, or delivery of an organization's commercial products or services.
• Using the Software, its source code, output data, or structure for the purpose of training or optimizing any form of machine learning model (including but not limited to neural networks, large language models, or genetic algorithms) that will be used in or to support any commercial product or service.

The "Integral Test": A component is considered "integral" if either of the following is true:

• a) The primary reason a user pays for or uses the product or service is due to functionality provided by the Software or Modification.
• b) Removing the Software or Modification would render the product or service non-functional, deprive it of a primary feature for which users choose it, or otherwise render it unmarketable.

Explicitly Excluded from Commercial Use:

• Receiving voluntary sponsorships or donations with no grant of exclusive features or services;
• Use of the Software for evaluation, academic research, or personal learning in a non-production environment;
• A one-time evaluation period, not to exceed 90 days per major version of the Software, for a for-profit organization to conduct internal testing for the sole purpose of determining whether to seek a Verified Authorization.
• Personal, non-monetized projects.

1.5. "Sponsorship"

Financial contributions given voluntarily for general project support, without any contractual expectation of services, features, or preferential treatment in return.

1.6. "Verified Authorization"

A separate, legally binding, written agreement executed between the Copyright Steward and a third party, which grants that third party specific permissions for Commercial Use that are not granted by this License. Such an agreement is the sole and exclusive vehicle for granting any patent rights for Commercial Use.

1.7. "Corresponding Source"

The complete and preferred form of the source code required to generate, install, and run the object code version of the Software or a Modification, including any scripts, interface definition files, and other information reasonably necessary for a recipient to make and run their own modified versions.

1.8. "Copyright Steward"

The legal entity or group of individuals designated as such in the copyright notice section of the copy of the License distributed with the Software. The Steward is the sole authority for administering this License for that specific Software distribution.

Succession of the Copyright Steward (if unresponsive): Should the Copyright Steward for this specific Software distribution become unresponsive to all official inquiries for a consecutive period of one year, its authority is deemed dormant. During dormancy, a successor may be designated by a verifiable consensus of the top 5 non-corporate contributors to the project over the preceding 24 months.

2. Permissions and Conditions (授权与条件)

2.1. Grant of Rights for Non-Commercial Use

Subject to the terms and conditions of this License, each recipient is granted a non-exclusive, worldwide, royalty-free license to:

• a) Use and run the Software for any non-Commercial Use;
• b) Study and analyze the Software's source code;
• c) Create Modifications of the Software for any non-Commercial Use;
• d) Distribute the Software and its Modifications, provided such distribution is for non-Commercial Use and complies fully with Section 2.3.

2.2. Restriction on Commercial Use

Commercial Use of the Software is prohibited under the terms of this License. This license grants no rights for Commercial Use. While the Copyright Steward retains the inherent right to grant a Verified Authorization, this license establishes a strong philosophical and procedural presumption against such actions.

2.3. Conditions for Distribution

If you Distribute the Software or any Modification, you must fulfill all of the following conditions:

• a) You must provide the complete Corresponding Source (as defined in Section 1.7) to all recipients, under the terms of this License.
• b) You must preserve all original copyright, patent, trademark, and attribution notices.
• c) You must conspicuously document all of your Modifications in a reasonable, machine-readable format.
• d) You must include a complete, unmodified copy of this License with the distribution.

2.4. License Compatibility and Integration

a) With Strong Copyleft Licenses: If you combine the Software with a work licensed under the GNU AGPLv3, the resulting combined work may, at your option, be governed entirely by the terms of the GNU AGPLv3. (Note on AGPLv3 Compatibility: This clause is intentionally provided as a one-way bridge...)

b) With Permissive Licenses: If you incorporate components licensed under permissive licenses (such as MIT or Apache 2.0), the obligations of this License apply to the combined work as a whole.

2.5. Grant of Patent License for Non-Commercial Use

Each contributor grants you a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable patent license to make, have made, use, and otherwise transfer the Software, but only for non-Commercial Use. This patent license applies only to those patent claims licensable by such contributor that are necessarily infringed by their contribution(s) alone or by combination of their contribution(s) with the Software.

2.6. Patent Retaliation

If you institute patent litigation against any entity, except for a defensive response to a first-filed patent lawsuit against you, alleging that the Software or a Modification constitutes direct or contributory patent infringement, then any patent licenses granted to you under this License for that Software shall terminate as of the date such litigation is filed.

3. Legal Provisions (法律条款)

3.1. Governing Law and Jurisdiction

This license is governed by the laws of Hong Kong SAR. Any dispute, controversy, or claim arising out of or relating to this License shall be resolved according to the following procedure: (1) A 30-day period of good-faith negotiation. (2) WIPO Mediation. (3) Binding arbitration in Hong Kong under HKIAC Rules.

3.2. Resolution of Ambiguity

In any dispute over the interpretation of terms such as "integral" or "core functionality", interpretation shall be guided by the intent described in the Preamble. In cases of genuine uncertainty, a presumption in favor of a "non-commercial" classification shall apply.

3.3. User's Responsibility for Compliance

You, the user, are solely responsible for determining whether your use of the Software complies with the terms of this License. Relying on this Software for any purpose is at your own risk.

3.4. Language and Translations

The English version of this License is the only official, legally binding version. Unofficial translations have no legal effect.

4. Termination (终止)

4.1. Automatic Termination

Your rights under this License will terminate automatically if you fail to comply with any of its terms. Specifically, any attempt at Commercial Use without a separate Verified Authorization, or any Distribution that fails to provide the Corresponding Source, will result in immediate termination of your rights.

4.2. Reinstatement

If your rights are terminated, they are not automatically reinstated. You may request reinstatement from the Copyright Steward in writing, which may be granted at their sole discretion.

5. Warranty and Liability (免责与责任限制)

5.1. No Warranty

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

5.2. Limitation of Liability

IN NO EVENT SHALL THE COPYRIGHT STEWARD OR ANY OTHER CONTRIBUTOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Copyright Notice Example

THE SOFTWARE IS PROVIDED UNDER THE TERMS OF THE TEAM ETHERTACO PUBLIC LICENSE, VERSION 1.12.1.

[One line to give the program's name and a brief idea of what it does.]
Copyright (C) [YYYY] [NAME OF AUTHOR OR ENTITY] (the "Copyright Steward")

The Copyright Steward for this Software is [NAME OF AUTHOR OR ENTITY]. All inquiries regarding Commercial Use, Verified Authorizations, or license administration for this Software must be directed to:

Primary Contact: [EMAIL ADDRESS]
Steward's Public Statement URL: [URL]