Licence 5.4 by Rory Lyttle. Version 1 Copyright © Rory Lyttle 2-September-2005. #################################################################### 1. APPLICATION. This is version 1 of Licence 5.4 by Rory Lyttle and as such applies to any work to which the terms of Licence 5.4 by Rory Lyttle apply. 2. DEFINITIONS. A. "Conflicting Modification" means a Modification which conveys any obvious meaning which conflicts with the obvious ethics, beliefs or opinions contained within, portrayed by or endorsed by any Licensed Work from which the Modification was made or derived. B. "I" or "Me" means the author of Licence 5.4, Rory Lyttle. C. "Licence 5.4" means this licence. D. "Licensed Work" means a work which is subject to the Terms as a matter of law, regardless of whether it is identified as such or not. E. "Licensor" means each person or entity with any rights, moral rights or legal rights whatsoever over any Licensed Work, and includes their successors and assigns. F. "Main Words" means all of the words of the relevant work (whether written, audio or other) except for any notices and other information having an obviously different purpose than the main parts of that work. G. "Modification" means a modified Licensed Work which: i. Contains all or part of a Licensed Work; or ii. is a derivative work of a Licensed Work; or iii. is a work based on a Licensed Work; or iv. is a translation of a Licensed Work. H. "Terms" means the terms of Licence 5.4. I. "You", "Your" or "Yourself" means each licensee. 3. If You fully accept and strictly comply with the Terms then You are given (at no cost to You, and irrespective of any possible effect upon the business or reputation of Licensor) a non- exclusive, perpetual, royalty-free and irrevocable licence to: A. Make an unlimited number of copies of any Licensed Work; and B. distribute, import or export any Licensed Work to (or from) any place or country by any method and upon any media; and C. show, perform, publish, exhibit, play, broadcast, transmit or in any way (whether publicly or privately) disseminate or make known any Licensed Work by any method to any place, person or entity either freely or for profit; and D. charge a fee for the act of supplying a copy of any Licensed Work. 4. NOTICES AND ATTRIBUTION. A. You are not required to: i. Associate any notices with any Licensed Work; or ii. in any way attribute the authors or owners of any Licensed Work, including without limitation, attributing any person or entity by a reasonable, reasonably prominent, preferred or previously made known form of attribution; or iii. associate the word "copyright" or any related symbols with any Licensed Work. B. You are, however, (for everybody's benefit) asked to voluntarily include the following with any Licensed Work, wherever You reasonably can: i. The names of the authors and owners, the extent of their contributions and the year (if known) that material was created or altered; and ii. a notice stating "The terms of Licence 5.4 by Rory Lyttle apply to this work". C. You must never deliberately incorrectly attribute authorship information. If You accidentally incorrectly attribute any authorship information, You must when You become aware of the error: i. Cease to distribute any more material containing the error; and ii. where practicable and economical for You, undertake any actions which You consider reasonably necessary to correct or minimize any harmful effect that the incorrect attribution may have caused. 5. MODIFICATION. You may in any way modify, add to or create derivative works from any Licensed Work except that You must not do any of the things restricted by the following sections (5.A., 5.B. and 5.C.): A. You must never knowingly or deliberately create any Conflicting Modification. B. You must not in any way modify or add to the Main Words of any Licensed Work except as follows: i. You may translate any Licensed Work into any language, however the translation must be as accurate as possible (compared to the original Licensed Work) considering all relevant factors such as limited choice of words, rhyming and Your translating ability. You may not deliberately change the meaning of the work significantly. ii. You may alter the appearance and sound of the Main Words of any Licensed Work if no change is made to the information conveyed by them. (Examples: Re-recording a song's vocals, mixing those new vocals with the existing vocals, re-mastering existing vocals, changing the tune to which vocals are sung). iii. You may use any contiguous section of the Main Words of a Licensed Work separately. iv. You may repeat any contiguous section of the Main Words of a Licensed Work within the Main Words of that Licensed Work. (Example: repeating a chorus). v. You may create completely new Main Words for any Licensed Work, however they must bear no easily recognizable resemblance to the original Main Words. vi. You may embed any contiguous section of the Main Words of a Licensed Work into any other Licensed Work, however the contiguous section of the Main Words must be easy to distinguish from the work in which it is embedded, and must be embedded in some way which makes it obvious that it is likely to have been taken from another work. (Examples: A character portrayed in a novel quotes the words of a poem, an actor in a play sings a small section of a song, a song which includes both vocals and music is played as background music in a film, a section of a narrated film is played at a certain stage of a video-game). C. You must not intentionally copy (for re-use in Your Licensed Works) any fictional characters or fictional places conceived by another Licensor unless You rename those fictional characters and fictional places. You may however, copy any other attributes of those fictional characters and fictional places except for their names. (Examples: Using renamed versions of the characters and places portrayed in a cartoon to create similar cartoons, using the appearance, voice characteristics and personalities of a film's characters to create a sequel containing re-named versions of those same characters). 6. If any actions which Licence 5.4 permits entitle You to any copyright, moral rights, patents or any other legal rights at all in connection with any work then: A. The work will immediately become a Licensed Work; and B. the Terms immediately apply to the Licensed Work; and C. the Licensed Work will immediately and perpetually be available for use in accordance with Licence 5.4 by any person or entity who wishes to use the Licensed Work under Licence 5.4. 7. In regard to each and every Licensed Work, You must never deliberately attempt to conceal or obscure the fact that the Terms apply to that Licensed Work. 8. Licensor reserves the right to prohibit the use and distribution of any Conflicting Modification. 9. You acknowledge that Licensor may seek an injunction to prevent You from using Licensor's Licensed Works in any way which is not in accordance with the Terms. 10. Licence 5.4 does not grant, assign or transfer to You any exclusive rights, copyrights or ownership of any intellectual property belonging to any other person or entity. 11. Nothing in the Terms affects any proprietary rights of Licensor in relation to Licensor's Licensed Works, including without limitation, rights to use, modify, distribute, sell, lease, license, broadcast, perform, reproduce or do any other thing at all with those Licensed Works. 12. Licensor warrants that they have either reached majority or have obtained legal advice regarding Licence 5.4. 13. Some things which Licence 5.4 allows (and certain freedoms it provides) could potentially result in the loss of copyright protection for works in some countries, and could seriously affect Your rights and obligations. You acknowledge that neither the Licensor nor I have any liability and that You have satisfied Yourself regarding the Terms and all of their implications for You before any use of any Licensed Work or Licence 5.4. 14. NON-FREE MATERIAL WITHIN LICENSED WORKS. You must assume that Licensed Works are likely to contain non-free shapes and sounds (fonts, sound-samples etc.), and You must assume all responsibility for identifying them and ensuring that Your potential actions in connection with them are lawful (eg: if You wanted to extract a font from a Licensed Work for separate use). 15. INCORPORATING NON-FREE MATERIALS. You may only incorporate non- free shapes and sounds into a Licensed Work if this does not: A. Restrict any person or entity from engaging in any of the activities permitted by the Terms; or B. cause any person or entity to have any responsibilities additional to those required by the Terms; or C. require any person or entity to include any notices relating to those non-free shapes and sounds with any Licensed Work; or D. require any person to pay any fees, charges or royalties. 16. If You use devices or media to store or transmit a Licensed Work which results in it being difficult or illegal for others to freely use, copy, distribute or modify the relevant Licensed Work then You must ensure that approximately equivalent quality copies of that same Licensed Work are easily able to be found and obtained in some form which is readily able to be used, copied, distributed and modified. 17. If any part of Licence 5.4 is either illegal or unenforceable according to the laws which govern You then that individual part does not apply to You, however to the greatest extent possible every part of Licence 5.4 which is not either illegal or unenforceable according to the laws which govern You still applies to You. If the laws which govern You are such that they effectively defeat or make illegal the main, obvious intentions of Licence 5.4 then Licensor states that this is contrary to their intentions and will. 18. You may distribute and transmit verbatim copies of Licence 5.4 by any method, to any place and in any format, however there is no obligation to do so. 19. OTHER RESPONSIBILITIES. You must assume responsibility for all of the following if they are required by relevant authorities due to Your activities regarding either Licensed Works or Licence 5.4: A. The payment of all relevant fees and charges; and B. the provision and fulfillment of all warranties and guarantees; and C. the fulfillment of all other obligations whatsoever. 20. You are not required to accept any responsibility for ensuring that the Terms are complied with by any other person or entity. 21. OTHER VERSIONS OF LICENCE 5.4. A. I may create or authorize other versions of Licence 5.4 to fix problems, deal with new issues and incorporate new ideas etc. B. Each version of Licence 5.4 will contain a version number in that version's text and will plainly indicate that it is a version of Licence 5.4 which has been either written or authorized by Rory Lyttle (Me). C. No guarantee is made regarding what might be changed, however I will attempt to ensure that as many as practical of the same obvious goals of this version of Licence 5.4 carry over into any new versions, in whatever way seems best to Me. D. Any Licensed Work obtained by any person or entity at any time is available to them subject to the terms and conditions of any past, present or future version of Licence 5.4 that they choose. 22. USING LICENCE 5.4 TO LICENSE YOUR OWN WORKS. You may at any time and at no cost to You use Licence 5.4 to license works to others, as long as You have sufficient rights in connection with those works to do so. 23. IMPORTANT NOTICES. A. No claim is made that Licence 5.4 has any authority or jurisdiction over any "public domain" or similar free works included as part of a Licensed Work except if permitted by relevant law. B. No claim is made that Licence 5.4 has any authority or jurisdiction over any non-free shapes and sounds (fonts, sound-samples etc.) from which Licensed Works have been made. C. No claim is made that any work having similar content to any Licensed Work is itself a Licensed Work. 24. INDEMNITY. You hereby indemnify and hold harmless Me, My relatives, My successors, My family and My business partners for anything in connection with Licence 5.4 and any Licensed Work. 25. DISCLAIMER. A. I AM NOT QUALIFIED IN DRAFTING OR LEGAL WORK OF ANY KIND, SO LICENCE 5.4 IS PROVIDED "AS IS" AND IS "AT YOUR OWN RISK". B. LICENCE 5.4 IS PROVIDED IN GOOD FAITH, THEREFORE ALL USE OF LICENCE 5.4 AND ALL LICENSED WORKS MUST ALSO BE IN GOOD FAITH. C. LICENCE 5.4, ALL LICENSED WORKS AND ALL OTHER RELATED THINGS ARE PROVIDED ON AN "AS IS" BASIS, THERE IS NO EXPRESSED OR IMPLIED WARRANTY OR GUARANTEE THAT THEY WILL PERFORM TO ANY STANDARD, BE SUITABLE OR FIT FOR ANY PURPOSE, BE OF MERCHANTABLE QUALITY, BE ACCURATE, BE VIRUS-FREE OR BE LAWFULLY ABLE TO BE POSSESSED OR USED IN ANY LOCATION. YOU ARE ENTIRELY RESPONSIBLE FOR ASSESSING THEIR SUITABILITY (IF ANY) FOR ANY INTENDED USE. D. EVERYTHING PERMITTED BY THE TERMS IS ENTIRELY AT YOUR OWN RISK. E. NO GUARANTEE IS MADE OR IMPLIED OF THE ABSENCE OF POTENTIAL PROBLEMS OR INFRINGEMENTS RELATING TO COPYRIGHT, PATENTS, TRADE-MARKS OR OTHER SIMILAR THINGS IN RELATION TO EITHER LICENCE 5.4, LICENSED WORKS OR ANYTHING ASSOCIATED WITH THEM. F. NO GUARANTEE IS MADE OR IMPLIED THAT ANY PERSON WHO ASSOCIATED LICENCE 5.4 WITH ANY WORK HAD THE LEGAL RIGHT TO DO SO, YOU ARE RESPONSIBLE FOR DETERMINING THIS YOURSELF. G. NO GUARANTEE IS MADE OR IMPLIED THAT ANY WORK WHICH BECOMES SUBJECT TO THE TERMS WILL RETAIN OR BE ELIGIBLE FOR ANY COPYRIGHT PROTECTION, RIGHTS, PRIVILEGES OR PARTICULAR STATUS ACCORDING TO THE LAWS OF ANY COUNTRY OR PLACE. H. NO GUARANTEE IS MADE OR IMPLIED THAT ANY PERSON OR ENTITY THAT CAUSES A WORK TO BECOME A LICENSED WORK OR ENGAGES IN ANY ACTIVITIES INVOLVING EITHER LICENCE 5.4 OR ANY LICENSED WORK WILL RETAIN OR BE ELIGIBLE FOR ANY RIGHTS, MORAL RIGHTS, PRIVILEGES OR STATUS ACCORDING TO THE LAWS OF ANY COUNTRY OR PLACE. End of Licence 5.4 ####################################################################