Open Source License for Pherus Projects

Open Source License for Pherus Projects

This open source license applies to all software projects developed and released by Pherus, unless explicitly stated otherwise in the project's documentation or license file. By accessing or using any of Pherus's open source projects, you agree to be bound by the terms and conditions of this license.

MIT License Portion:

The MIT License applies to certain portions of the software, as indicated in the project's license file. Under the MIT License, you are granted a non-exclusive, royalty-free, perpetual, and worldwide license to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the software, subject to the following conditions: 1. The above copyright notice and this permission notice shall be included in all copies or substantial portions of the software. 2. 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 non-infringement. In no event shall the authors or copyright holders be liable for any claim, damages, or other liability, whether in an action of contract, tort, or otherwise, arising from, out of, or in connection with the software or the use or other dealings in the software.

GNU General Public License (GPL) Portion:

The GNU GPL applies to other portions of the software, as indicated in the project's license file. Under the GPL, you are granted the freedom to use, modify, and distribute the software, subject to the following conditions: 1. Any modifications or derivatives of the software must be released under the same GPL license terms. 2. The source code of the software must be made available to users upon request. 3. Any distribution of the software must include the complete corresponding source code or provide access to it electronically.

Closed Source Exception:

Pherus reserves the right to close source certain portions of the software under exceptional circumstances, provided that a reasonable justification is provided. Such exceptions may include proprietary features, sensitive algorithms, or third-party dependencies with restrictive licensing terms. However, any closed source components shall be clearly identified and documented in the project's README or license file. Pherus may grant exceptions to the open source requirement on a case-by-case basis, considering the impact on the project's goals, community, and stakeholders. Any decisions to close source portions of the software shall be made transparently and communicated to the project's contributors and users.

Governing Law and Dispute Resolution:

This open source license shall be governed by and construed in accordance with the laws of [Jurisdiction], without regard to its conflict of law principles. Any dispute arising out of or in connection with this license shall be resolved exclusively through arbitration administered by [Arbitration Organization] in accordance with its commercial arbitration rules. The arbitration shall take place in [Location], and the language of the arbitration shall be [Language]. The arbitrator's decision shall be final and binding upon the parties and may be enforced in any court of competent jurisdiction.

Miscellaneous:

This open source license constitutes the entire agreement between you and Pherus regarding the use of the software and supersedes all prior or contemporaneous agreements and understandings, whether written or oral, relating to the subject matter hereof. If any provision of this license is held to be invalid or unenforceable, such provision shall be interpreted to give maximum effect to its intended purpose to the extent possible under applicable law, and the remaining provisions of this license shall continue in full force and effect. No waiver of any term or condition of this license shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and Pherus's failure to assert any right or provision under this license shall not constitute a waiver of such right or provision.