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HIPPOCRATIC LICENSE

Version 3.0, October 2021
Modified 2025-08-04

https://firstdonoharm.dev/version/3/0/bds-bod-cl-eco-extr-ffd-law-media-mil-my-soc-sup-sv-tal-usta.md

TERMS AND CONDITIONS

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

[1.] DEFINITIONS

This section defines certain terms used throughout this license agreement.

  • [1.1.] “License” means the terms and conditions, as stated herein, for use, copy, modification, preparation of derivative work, reproduction, and distribution of Software (as defined below).
  • [1.2.] “Licensor” means the copyright and/or patent owner or entity authorized by the copyright and/or patent owner that is granting the License.
  • [1.3.] “Licensee” means the individual or entity exercising permissions granted by this License, including the use, copy, modification, preparation of derivative work, reproduction, and distribution of Software (as defined below).
  • [1.4.] “Software” means any copyrighted work, including but not limited to software code, authored by Licensor and made available under this License, and includes all forms, formats, translations, transformations, compilations, or representations of the original work, whether human- or machine-readable, and any data, output, result, or derivative generated by or from the Software.
  • [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 prior to a good or service reaching the Licensee.
  • [1.7.] “Duty of Care” is defined by its use in tort law, delict law, and/or similar bodies of law closely related to tort and/or delict law, including without limitation, a requirement to act with the watchfulness, attention, caution, and prudence that a reasonable person in the same or similar circumstances would use towards any Supply Chain Impacted Party.
  • [1.8.] “Worker” is defined to include any and all permanent, temporary, and agency workers, as well as piece-rate, salaried, hourly paid, legal young (minors), part-time, night, and migrant workers.
  • [1.9.] “Dataset” means any collection, corpus, compilation, aggregation, or aggregation of data, code, text, software, or other materials, in whole or in part, used for any purpose related to artificial intelligence (AI) or machine learning (ML), including but not limited to training, fine-tuning, evaluating, testing, benchmarking, or developing AI/ML models, systems, or services.
  • [1.10.] “Automated Means” includes, but is not limited to, any current or future automated, semi-automated, or programmatic method, tool, or technology, whether known or unknown at the time of this License, used to access, copy, download, or acquire data or code.

[2.] INTELLECTUAL PROPERTY GRANTS

This section identifies intellectual property rights granted to a Licensee.

  • [2.1.] Grant of Copyright License:
    Subject to the terms and conditions of this License, Licensor hereby grants to Licensee a worldwide, non-exclusive, no-charge, royalty-free copyright license to use, copy, modify, prepare derivative work, reproduce, or distribute the Software, Licensor authored modified software, or other work derived from the Software.

  • [2.2.] Grant of Patent License:
    Subject to the terms and conditions of this License, Licensor hereby 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

This section lists conditions the Licensee must comply with in order to have rights under this License.

The rights granted to the Licensee by this License are expressly made subject to the 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 (See Article 3, United Nations Universal Declaration of Human Rights; Article 6, International Covenant on Civil and Political Rights)
  • [3.1.2.] Hold any person in slavery, servitude, or forced labor (See Article 4, United Nations Universal Declaration of Human Rights; Article 8, International Covenant on Civil and Political Rights);
  • [3.1.3.] Contribute to the institution of slavery, slave trading, forced labor, or unlawful child labor (See Article 4, United Nations Universal Declaration of Human Rights; Article 8, International Covenant on Civil and Political Rights);
  • [3.1.4.] Torture or subject any person to cruel, inhumane, or degrading treatment or punishment (See Article 5, United Nations Universal Declaration of Human Rights; Article 7, International Covenant on Civil and Political Rights);
  • [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 (See Article 7, United Nations Universal Declaration of Human Rights; Article 2, International Covenant on Economic, Social and Cultural Rights; Article 26, International Covenant on Civil and Political Rights);
  • [3.1.6.] Prevent any person from exercising his/her/their right to seek an effective remedy by a competent court or national tribunal (including domestic judicial systems, international courts, arbitration bodies, and other adjudicating bodies) for actions violating the fundamental rights granted to him/her/them by applicable constitutions, applicable laws, or by this License (See Article 8, United Nations Universal Declaration of Human Rights; Articles 9 and 14, International Covenant on Civil and Political Rights);
  • [3.1.7.] Subject any person to arbitrary arrest, detention, or exile (See Article 9, United Nations Universal Declaration of Human Rights; Article 9, International Covenant on Civil and Political Rights);
  • [3.1.8.] Subject any person to arbitrary interference with a person’s privacy, family, home, or correspondence without the express written consent of the person (See Article 12, United Nations Universal Declaration of Human Rights; Article 17, International Covenant on Civil and Political Rights);
  • [3.1.9.] Arbitrarily deprive any person of his/her/their property (See Article 17, United Nations Universal Declaration of Human Rights);
  • [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 without limitation the intellectual property or traditional knowledge of indigenous peoples, without the free, prior, and informed consent of indigenous peoples concerned (See Articles 8 and 10, United Nations Declaration on the Rights of Indigenous Peoples);
  • [3.1.11.] Fossil Fuel Divestment: 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.] Ecocide: Commit ecocide (see original for full definition);
  • [3.1.13.] Extractive Industries: 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.] Boycott / Divestment / Sanctions: 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 (https://bdsmovement.net/ and https://bdsmovement.net/get-involved/what-to-boycott) as a target for boycott;
  • [3.1.15.] Taliban: 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.] Myanmar: Be an individual or entity that engages in any commercial transactions with the Myanmar/Burmese military junta or is a representative, agent, affiliate, successor, attorney, or assign of the Myanmar/Burmese government;
  • [3.1.17.] US Tariff Act: Be an individual or entity which U.S. Customs and Border Protection (CBP) has currently issued a Withhold Release Order (WRO) or finding against based on reasonable suspicion of forced labor, or is a representative, agent, affiliate, successor, attorney, or assign of such an entity;
  • [3.1.18.] Mass Surveillance: 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;
  • [3.1.19.] Military Activities: Be an entity or a representative, agent, affiliate, successor, attorney, or assign of an entity which conducts military activities;
  • [3.1.20.] Law Enforcement: Be an individual or entity, or a representative, agent, affiliate, successor, attorney, or assign of an individual or entity, that provides good or services to, or otherwise enters into any commercial contracts with, any local, state, or federal law enforcement agency;
  • [3.1.21.] Media: 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;
  • [3.1.22.] Interfere with Workers' free exercise of the right to organize and associate (See Article 20, United Nations Universal Declaration of Human Rights; C087 - Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), International Labour Organization; Article 8, International Covenant on Economic, Social and Cultural Rights);
  • [3.1.23.] Harm the environment in a manner inconsistent with local, state, national, or international law.

[3.1.24.] Artificial Intelligence (AI) and Dataset Prohibition:

  • The Licensee SHALL NOT use, copy, modify, reproduce, distribute, or prepare derivative works of the Software, in whole or in part, for the purpose of training, developing, operating, or deploying artificial intelligence (AI) or machine learning (ML) models, systems, or services, including but not limited to large language models, generative AI, or any automated decision-making systems.
  • The Licensee SHALL NOT use, copy, reproduce, distribute, or otherwise process the Software, in whole or in part, as part of any dataset, corpus, or collection of data for the purpose of training, fine-tuning, evaluating, testing, benchmarking, or otherwise developing artificial intelligence (AI) or machine learning (ML) models, systems, or services.
  • The Licensee SHALL NOT be an entity whose primary business is the development, deployment, or commercialization of AI or ML systems, or a representative, agent, affiliate, successor, attorney, or assign of such an entity.
  • For the avoidance of doubt, any use, inclusion, reference, or incorporation of the Software, in whole or in part, in connection with the training, development, operation, evaluation, benchmarking, or deployment of any AI or ML model, system, or service is strictly prohibited, regardless of the materiality or intent of such use.
  • The prohibitions of this section apply to any use of the Software in connection with, in support of, or as part of any process, workflow, or system involving AI or ML, whether or not the Software is directly incorporated into the AI/ML model or system.
  • These prohibitions apply regardless of whether the use is for commercial, non-commercial, academic, research, or any other purpose.
  • The prohibitions of this section apply to any use, in whole or in part, of the Software.
  • For the purposes of this License, any output, result, or data generated by the Software, or derived from the Software, is subject to the same restrictions as the Software itself.
  • These prohibitions apply to all uses of the Software, whether public, private, internal, or external, and regardless of whether the Software is distributed or made available to third parties.

[3.1.25.] No Data Mining, Scraping, or Automated Acquisition:

  • The Licensee SHALL NOT use any automated means, including but not limited to bots, scrapers, crawlers, or any current or future automated, semi-automated, or programmatic method, tool, or technology, whether known or unknown at the time of this License, to access, copy, download, or otherwise acquire the Software or any part thereof for any purpose, including but not limited to AI/ML training, dataset creation, or data analysis.

[3.1.26.] No Indirect Use or Circumvention:

  • The Licensee SHALL NOT use, or cause or permit others to use, the Software, in whole or in part, indirectly or through intermediaries, for any purpose prohibited by this License, including but not limited to inclusion in third-party datasets, corpora, or as part of any service or product that enables or facilitates AI/ML training or development.
  • The Licensee SHALL take all reasonable and practical steps to ensure that any third party to whom the Software is provided, directly or indirectly, is made aware of and complies with the prohibitions of this License, including but not limited to the AI/ML, dataset, and data scraping prohibitions. The Licensee SHALL immediately cease distribution to, and take reasonable steps to prevent further use by, any third party found to be in violation of these prohibitions.

[3.1.27.] Unethical Megacorporations and User Data Harvesting:

  • The Licensee SHALL NOT be, or be owned or controlled by, a corporation or entity that:
    • (a) has been found by a court of competent jurisdiction, regulatory body, or credible investigative reporting to systematically harvest, exploit, or monetize user data without meaningful informed consent, or
    • (b) is widely recognized as engaging in unethical data practices, including but not limited to Google (Alphabet), Microsoft, Amazon, Meta (Facebook), or their subsidiaries, or
    • (c) is a representative, agent, affiliate, successor, attorney, or assign of such an entity.
  • The named entities are provided as examples only and do not limit the scope of this prohibition. Any entity engaging in similar practices, as determined by a court of competent jurisdiction, regulatory body, or credible investigative reporting, is also covered.

[3.1.28.] Platforms that Underpay Creators or Contributors:

  • The Licensee SHALL NOT be, or be owned or controlled by, a platform or service that:
    • (a) derives significant revenue from the creative or productive work of individuals (such as musicians, artists, writers, or gig workers), and
    • (b) has been credibly accused, through legal action, regulatory finding, or substantial evidence, of systematically underpaying, exploiting, or failing to fairly compensate those individuals for their contributions, including but not limited to Spotify, or
    • (c) is a representative, agent, affiliate, successor, attorney, or assign of such an entity.
  • The named entities are provided as examples only and do not limit the scope of this prohibition. Any entity engaging in similar practices, as determined by a court of competent jurisdiction, regulatory body, or credible investigative reporting, is also covered.

[3.2.] The Licensee SHALL:

  • [3.2.1.] Social Auditing: Only use social auditing mechanisms that adhere to Worker-Driven Social Responsibility Network’s Statement of Principles (https://wsr-network.org/what-is-wsr/statement-of-principles/) over traditional social auditing mechanisms, to the extent the Licensee uses any social auditing mechanisms at all;
  • [3.2.2.] Workers on Board of Directors: Ensure that if the Licensee has a Board of Directors, 30% of Licensee’s board seats are held by Workers paid no more than 200% of the compensation of the lowest paid Worker of the Licensee;
  • [3.2.3.] Supply Chain: Provide clear, accessible supply chain data to the public in accordance with the following conditions:
    • [3.2.3.1.] All data will be on Licensee’s website and/or, to the extent Licensee is a representative, agent, affiliate, successor, attorney, subsidiary, or assign, on Licensee’s principal’s or parent’s website or some other online platform accessible to the public via an internet search on a common internet search engine; and
    • [3.2.3.2.] Data published will include, where applicable, manufacturers, top tier suppliers, subcontractors, cooperatives, component parts producers, and farms;
  • [3.2.4.] Provide equal pay for equal work where the 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:
    • [3.2.4.1.] A seniority system;
    • [3.2.4.2.] A merit system;
    • [3.2.4.3.] A system which measures earnings by quantity or quality of production; or
    • [3.2.4.4.] A differential based on any other factor other than sex, gender, sexual orientation, race, ethnicity, nationality, religion, caste, age, medical disability or impairment, and/or any other like circumstances (See 29 U.S.C.A. § 206(d)(1); Article 23, United Nations Universal Declaration of Human Rights; Article 7, International Covenant on Economic, Social and Cultural Rights; Article 26, International Covenant on Civil and Political Rights);
  • [3.2.5.] Allow for reasonable limitation of working hours and periodic holidays with pay (See Article 24, United Nations Universal Declaration of Human Rights; Article 7, International Covenant on Economic, Social and Cultural Rights).

[3.3.] Audit and Transparency Rights:

  • The Licensor reserves the right to request, and the Licensee agrees to provide within 30 days, reasonable documentation or evidence demonstrating compliance with all terms of this License, including but not limited to the prohibition on AI/ML use, dataset creation, and data scraping. Failure to provide requested documentation or evidence of compliance within 30 days shall constitute a material breach of this License and result in immediate termination of all rights granted hereunder.

[3.4.] Attribution and Notice Requirements:

  • Any copy, distribution, or derivative of the Software must include this License and a prominent notice stating:
    “Use of this software for AI/ML training, dataset creation, or automated data acquisition is strictly prohibited.”
  • Licensee must ensure that the License and all required notices are provided in a clear, conspicuous, and accessible manner at every point of distribution, download, or access, including but not limited to websites, repositories, and physical media.

[3.5.] Statutory Damages / Penalty Clause:

  • Any violation of the AI/ML prohibition, dataset prohibition, or data scraping prohibition in this License shall entitle the Licensor to seek statutory damages of up to $150,000 per violation, or the maximum allowed by applicable law, in addition to any other remedies available at law or in equity. Statutory damages are in addition to, and not in lieu of, any actual damages, injunctive relief, or other remedies available at law or in equity.

[3.6.] Retroactive Termination:

  • Any violation of the terms of this License, including but not limited to the AI/ML prohibition, dataset prohibition, or data scraping prohibition, shall result in the immediate and retroactive termination of all rights granted under this License.

[3.7.] Third-Party Beneficiary Clause:

  • All contributors to the Software and any Supply Chain Impacted Party are intended third-party beneficiaries of this License and shall have the right to enforce its terms.

[4.] SUPPLY CHAIN IMPACTED PARTIES

This section identifies additional individuals or entities that a Licensee could harm as a result of violating the Ethical Standards section, the condition that the Licensee must voluntarily accept a Duty of Care for those individuals or entities, and the right to a private right of action that those individuals or entities possess as a result of violations of the Ethical Standards section.

  • [4.1.] In addition to the above Ethical Standards, 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, as stated within this section, shall 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, whether they be in tort law, delict law, and/or similar bodies of law closely related to tort and/or delict law, 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 of the scope of his/her/their employment.

[5.] NOTICE

This section explains when a Licensee must notify others of the License.

  • [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 included with Software (and if included by the Licensor, patent, trademark, and attribution notice). Licensee must ensure that License is prominently displayed so that any individual or entity seeking to download, copy, use, or otherwise 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. Licensee must ensure that the License and all required notices are provided in a clear, conspicuous, and accessible manner at every point of distribution, download, or access, including but not limited to websites, repositories, and physical media.

  • [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, including a portion of its code, is a Licensee as defined above and is subject to the terms and conditions of this License.

[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 Licensee, or any other person or entity within the Supply Chain prior to a good or service reaching the Licensee, breaches its Duty of Care to Supply Chain Impacted Parties, Licensee must remedy the violation or harm caused by Licensee within 30 days of being notified 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 as between Licensor and Licensee.

  • [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 after the notice of noncompliance. 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 suit) alleging that the Software, all or part of the Software’s code, or a derivative work developed using the Software, including a portion of its code, 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 the 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 hereof, in addition to any other remedy to which they are entitled at law or in equity.

  • [8.3.] Copyleft:
    All modified software, source code, or other derivative work must be licensed exclusively under the exact same conditions as this License, and may not be dual-licensed or sublicensed under any other terms.

  • [8.4.] Severability:
    If any term or provision of this License is determined to be invalid, illegal, or unenforceable by a court of competent jurisdiction, any such determination of invalidity, illegality, or unenforceability shall not affect any other term or provision of this License or invalidate or render unenforceable such term or provision in any other jurisdiction. If the determination of invalidity, illegality, or unenforceability by a court of competent jurisdiction pertains to the terms or provisions contained in the Ethical Standards section of this License, all rights in the Software granted to Licensee shall be deemed null and void as between Licensor and Licensee.

  • [8.5.] Section Titles:
    Section titles are solely written for organizational purposes and should not be used to interpret the language within each section.

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

  • [8.7.] Section Summaries:
    Some sections have a brief italicized description which is provided for the sole purpose of briefly describing the section and should not be used to interpret the terms of the License.

  • [8.8.] 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.

  • [8.9.] 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. Any transfer or assignment of rights under this License is void unless the transferee or assignee agrees in writing to be bound by all terms and conditions of this License.

  • [8.10.] Jurisdiction and Venue:
    Any dispute arising under or in connection with this License shall be resolved exclusively in the courts of Romania, and the parties consent to the personal jurisdiction and venue of such courts. In addition to the exclusive jurisdiction of the courts of Romania, the Licensor and Licensee agree that any judgment or order issued by such courts may be enforced in any jurisdiction in which the Licensee operates or has assets. Alternatively, at the Licensor’s sole discretion, any dispute may be resolved by binding arbitration under the rules of the International Chamber of Commerce.

  • [8.11.] No Waiver of Rights:
    Failure by the Licensor to enforce any provision of this License shall not constitute a waiver of the Licensor’s rights to enforce such provision or any other provision of this License. No waiver of any provision of this License shall be effective unless in writing and signed by the Licensor.