BERKLAB license

BERKLAB license 1.0

A estrutura abaixo preserva vários elementos centrais da Apache 2.0 — licença mundial, sublicenciamento, redistribuição, derivados, patente, NOTICE, ausência de garantia e limitação de responsabilidade — mas substitui a concessão imediata de todos os direitos por uma Permission Timeline configurável. Na Apache 2.0, os direitos autorais são concedidos de forma ampla e imediata; a BERKLAB v1.0 proposta abaixo permite que esses direitos sejam ativados progressivamente.

A estrutura abaixo preserva vários elementos centrais da Apache 2.0 — licença mundial, sublicenciamento, redistribuição, derivados, patente, NOTICE, ausência de garantia e limitação de responsabilidade — mas substitui a concessão imediata de todos os direitos por uma **Permission Timeline** configurável. Na Apache 2.0, os direitos autorais são concedidos de forma ampla e imediata; a BERKLAB v1.0 proposta abaixo permite que esses direitos sejam ativados progressivamente. ([Apache Software Foundation][1])

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# BERKLAB LICENSE

## Version 1.0

### Time-Released Open License for Software, Ideas, Projects, Texts, Documentation and Other Works

## 1. Purpose

The **BERKLAB License Version 1.0** ("License") is designed to permit the progressive release of intellectual works.

Its distinguishing principle is **Time-Released Permission**.

Instead of requiring every permission to become effective immediately upon publication, the Licensor may establish a timeline under which permissions automatically expand after defined periods of time or on specified calendar dates.

The objective is to provide an initial period in which the creator may retain selected rights while ensuring that broader rights are automatically released to the public according to a predetermined and publicly declared schedule.

# 2. Definitions

### 2.1. "License"

"License" means the terms and conditions defined in this document together with the applicable BERKLAB Permission Schedule attached to or distributed with the Work.

### 2.2. "Licensor"

"Licensor" means the copyright owner, rights holder, or person or entity authorized to license the Work.

The Licensor may identify authorship using:

* a legal personal name;

* a commercial or organizational name;

* a pseudonym;

* another persistent identifier; or

* an anonymous designation.

The validity of this License does not depend upon public disclosure of the Licensor's legal identity, except where identification is required by applicable law to exercise or enforce particular legal rights.

### 2.3. "You"

"You" means any individual or Legal Entity exercising permissions granted under this License.

### 2.4. "Work"

"Work" means the material distributed under this License, including, where applicable:

* software;

* source code;

* object code;

* algorithms expressed in copyrightable form;

* documentation;

* specifications;

* written texts;

* databases or database structures to the extent legally protectable;

* designs;

* project materials;

* research materials;

* audiovisual materials;

* diagrams;

* documentation of concepts or methods;

* and other copyrightable or otherwise licensable material.

Nothing in this License creates intellectual-property protection for subject matter that is not protected under applicable law.

### 2.5. "Source Form"

"Source Form" means the preferred form for making modifications to the Work, including software source code, editable documents, configuration files, design sources and similar materials.

### 2.6. "Object Form"

"Object Form" means any form resulting from transformation, compilation, rendering, translation or conversion of a Source Form.

### 2.7. "Derivative Work"

"Derivative Work" means a work based upon or derived from the Work in which modifications, adaptations, translations, additions, annotations or other changes constitute legally relevant authorship.

### 2.8. "Release Date"

"Release Date" means the date from which the Permission Timeline begins.

Unless another date is expressly stated in the Permission Schedule, the Release Date is the date on which the Work was first publicly distributed together with this License.

### 2.9. "Permission Timeline"

"Permission Timeline" means the sequence of dates or elapsed periods after which specified permissions automatically become effective.

### 2.10. "Permission Stage"

"Permission Stage" means one point in the Permission Timeline at which one or more additional permissions are granted.

### 2.11. "Permission Schedule"

"Permission Schedule" means the declaration accompanying the Work that specifies:

1. the Release Date;

2. the authorship designation;

3. the permissions available immediately;

4. the permissions activated at each later Permission Stage; and

5. any attribution or NOTICE requirements permitted by this License.

# 3. General Principle of Progressive Permissions

Permissions under this License may become effective progressively.

Once a Permission Stage has been reached, every permission granted at that stage:

1. becomes effective automatically;

2. does not require further authorization from the Licensor;

3. remains effective thereafter;

4. is cumulative with permissions granted during previous stages; and

5. may not be withdrawn from copies of the Work already released under this License, except as expressly permitted by this License or required by law.

A Licensor may accelerate the Permission Timeline by granting a permission earlier.

Unless expressly permitted by the applicable law and this License, the Licensor may not retroactively postpone a permission that has already become effective.

# 4. Default BERKLAB Permission Timeline

Unless the Permission Schedule accompanying the Work specifies a different timeline, the following default timeline applies.

## Stage 0 — Release Date

From the Release Date, You may:

* access and examine the Work;

* use the Work privately for evaluation, research and study;

* make copies reasonably necessary for such permitted private use.

Public redistribution, creation of Derivative Works and commercial exploitation are not granted at this stage unless separately authorized.

## Stage 1 — Six Months After Release

Beginning six (6) months after the Release Date, You may:

* copy the Work;

* reproduce the Work;

* publicly redistribute the Work;

* distribute the Work through any medium;

* preserve and archive the Work.

Redistribution must comply with the attribution and NOTICE requirements of this License.

## Stage 2 — Twelve Months After Release

Beginning twelve (12) months after the Release Date, You may additionally:

* modify the Work;

* adapt the Work;

* translate the Work;

* create Derivative Works;

* combine the Work with other works;

* distribute modified versions and Derivative Works;

* distribute the Work in Source or Object Form.

## Stage 3 — Twenty-Four Months After Release

Beginning twenty-four (24) months after the Release Date, You may additionally:

* use the Work for any lawful purpose;

* use the Work commercially;

* incorporate the Work into commercial products or services;

* incorporate the Work into proprietary software or proprietary works;

* sublicense permitted rights as part of another product or work;

* sell copies of the Work;

* charge for products or services incorporating the Work;

* commercially distribute Source or Object Forms;

* commercially exploit Derivative Works.

From this stage onward, the Work is subject to the broadest permissions granted by this License.

# 5. Custom Permission Timelines

The Licensor may replace the Default Permission Timeline with a Custom Permission Timeline.

Permissions may be activated:

* after a specified number of days;

* after a specified number of months;

* after a specified number of years; or

* on an exact calendar date.

For example:

> Redistribution Permission: 12 months after Release Date

> Modification Permission: 18 months after Release Date

> Commercial Use Permission: January 1, 2030

A Custom Permission Timeline must be stated clearly in the Permission Schedule distributed with the Work.

If a Custom Permission Timeline conflicts with the Default Permission Timeline, the Custom Permission Timeline controls.

# 6. Grant of Copyright License

For each permission that has become effective under the applicable Permission Timeline, and subject to the terms of this License, each Contributor grants You a worldwide, non-exclusive, no-charge and royalty-free copyright license to exercise that permission.

When the final unrestricted Permission Stage has become effective, this grant may include, as applicable, the rights to:

* reproduce;

* modify;

* prepare Derivative Works;

* publicly display;

* publicly perform;

* distribute;

* sublicense;

* commercially exploit;

* and distribute the Work or Derivative Works in Source or Object Form.

Such permissions are perpetual for copies lawfully obtained under the applicable Permission Stage, except as provided by the patent-termination and license-termination provisions of this License.

# 7. Grant of Patent License

Subject to the Permission Timeline and the terms of this License, each Contributor grants You a worldwide, non-exclusive, no-charge, royalty-free patent license under patent claims controlled by that Contributor that are necessarily infringed by the Contributor's Contribution alone or in combination with the Work.

The scope of commercial patent permissions follows the applicable commercial Permission Stage unless the Permission Schedule expressly grants them earlier.

If You institute patent litigation alleging that the Work or a Contribution incorporated into the Work infringes a patent, patent licenses granted to You under this License for that Work terminate as of the date such litigation is filed.

# 8. Redistribution Conditions

Whenever redistribution has become permitted under the applicable Permission Timeline, You may reproduce and distribute copies of the Work or Derivative Works in any medium and, when modification rights have become effective, with or without modifications, provided that:

1. You provide recipients with a copy of this License or a clear reference to it;

2. You preserve the applicable Permission Schedule;

3. You preserve the Release Date;

4. You do not falsely alter the Permission Timeline applicable to the original Work;

5. modified files or materials contain a reasonable notice stating that they have been modified;

6. copyright, patent, authorship, attribution and trademark notices applicable to the Work are retained where reasonably practicable; and

7. any NOTICE file accompanying the Work is preserved as required by Section 10.

# 9. Authorship and Attribution

The Licensor may select one of the following authorship modes:

### A. Personal Authorship

Attribution to an identified individual.

Example:

> Author: Jane Example

### B. Organizational or Commercial Authorship

Attribution to an organization, laboratory, company, collective, publication name or commercial designation.

Example:

> Author: BERKLAB

### C. Pseudonymous Authorship

Attribution through a pseudonym chosen by the Licensor.

Example:

> Author: Orion Project

### D. Anonymous Authorship

The Work may be intentionally released without publicly identifying the author.

Example:

> Author: Anonymous

Where Anonymous Authorship is selected, recipients are not required by this License to identify, investigate or disclose the legal identity of the author.

They must instead preserve any attribution designation, cryptographic identifier, project identifier or NOTICE supplied with the Work.

# 10. NOTICE and Credit

A Work may contain a file or section named `NOTICE`, `CREDITS`, or equivalent.

When redistribution becomes permitted, redistributed copies must preserve material attribution notices from that file in a reasonably visible form.

Such attribution may identify:

* the original author;

* a pseudonym;

* BERKLAB;

* a project;

* a commercial designation;

* contributors;

* sponsors;

* repositories;

* publication sources;

* or an anonymous authorship statement.

A NOTICE requirement may require preservation of factual attribution.

It may not be used to impose additional restrictions that contradict permissions already activated under the Permission Timeline.

# 11. Preservation of the Timeline

The Permission Timeline is an integral part of the License.

A person redistributing the Work may not represent that permissions become effective later than the dates established by the original Licensor.

A redistributor may grant additional permissions over their own modifications, but may not revoke permissions already granted over the original Work.

Once a permission becomes active for the original Work, downstream recipients may rely upon that permission according to this License.

# 12. Earlier Voluntary Release

The Licensor may at any time accelerate one or more Permission Stages.

For example, a Work scheduled for commercial use after two years may be released for commercial use after six months by an explicit declaration of the Licensor.

Such acceleration is permanent for the version of the Work to which the declaration applies.

# 13. Derivative Works

After modification rights become effective, You may create and distribute Derivative Works.

You may apply additional or different license terms to Your own modifications or to a larger work containing the Work, including proprietary terms, provided that:

1. the original Work remains subject to this License;

2. You do not remove permissions that have already become effective for the original Work;

3. required attribution and NOTICE information is preserved; and

4. recipients are able to distinguish, where reasonably practicable, the original BERKLAB-licensed material from modifications governed by different terms.

# 14. Proprietary Incorporation

After the applicable commercial and derivative-use permissions have become effective, the Work may be incorporated into proprietary or closed-source products.

This License does not require disclosure of the source code of an independent proprietary product merely because that product incorporates or interacts with BERKLAB-licensed material.

The original BERKLAB-licensed portions remain governed by this License.

# 15. Commercial Use

Once commercial use has become effective under the Permission Timeline, You may:

* sell the Work;

* sell Derivative Works;

* charge for distribution;

* charge for hosting;

* charge for access;

* provide paid support;

* provide paid consulting;

* incorporate the Work into commercial products;

* incorporate the Work into subscription services;

* incorporate the Work into proprietary products;

* and otherwise use the Work for lawful commercial purposes.

No royalty is owed to the Licensor solely by reason of exercising a commercial permission granted under this License.

# 16. Contributions

Unless expressly stated otherwise by a Contributor, a Contribution intentionally submitted for inclusion in the Work is licensed under the terms applicable to the Work version into which the Contribution is incorporated.

A Contributor may expressly designate a submission as:

> NOT A CONTRIBUTION

in which case submission alone does not constitute a license to incorporate that material.

# 17. Trademarks

This License does not grant rights to use trademarks, service marks, trade names, logos or product names of the Licensor or Contributors except:

1. as reasonably necessary to identify the origin of the Work;

2. to reproduce required attribution or NOTICE information; or

3. where separately authorized.

Permission to use software or other material under this License does not imply permission to market a modified product as an official BERKLAB product.

# 18. No Implication of Endorsement

Redistribution, modification, commercial use or incorporation of the Work does not imply endorsement by the original author, BERKLAB or any Contributor.

No person may falsely represent a modified Work as an official version of the original Work.

# 19. No Warranty

Unless required by applicable law or separately agreed in writing, the Work is provided:

**"AS IS"**

without warranties or conditions of any kind, express or implied, including warranties of title, non-infringement, merchantability, accuracy, reliability or fitness for a particular purpose.

You are responsible for determining whether the Work is appropriate for Your intended use.

# 20. Limitation of Liability

To the maximum extent permitted by applicable law, no Licensor or Contributor shall be liable for direct, indirect, incidental, special, exemplary or consequential damages arising from this License or from the use or inability to use the Work.

This includes, without limitation, loss of data, profits, goodwill, business opportunity or interruption of operations.

# 21. Additional Support, Warranty or Liability

A distributor may offer and charge for support, warranty, indemnification or other contractual obligations relating to the Work.

Any such obligation is undertaken solely by that distributor and does not create an obligation for the Licensor or other Contributors.

# 22. Termination

Your rights under a Permission Stage terminate if You materially violate the conditions applicable to that Permission Stage and fail to remedy the violation within thirty (30) days after becoming aware of it.

Upon remedy, the permissions are automatically reinstated unless prohibited by applicable law.

Termination does not reduce or reverse the Permission Timeline for other users.

# 23. Irrevocability of Released Permissions

A permission that has become effective under a published Permission Timeline is intended to be irrevocable with respect to copies of the Work lawfully released under that version of the License, subject only to:

* violation of this License;

* patent termination under Section 7; or

* mandatory requirements of applicable law.

A Licensor may publish a new version of the Work under different terms, but doing so does not retroactively revoke permissions already granted for an earlier version.

# 24. Versions of the Work

Different versions of a Work may have different Release Dates and Permission Schedules.

A modified or newly released version does not restart or postpone the Permission Timeline applicable to an earlier version unless that earlier version was never publicly released under this License.

Each distributed version should therefore identify, where practicable:

> Work Version

> Release Date

> License Version

> Permission Schedule

# 25. Severability

If any provision of this License is held unenforceable under applicable law, that provision shall be interpreted or limited to the minimum extent necessary while the remaining provisions continue in effect.

# 26. Entire License

This License and the applicable Permission Schedule constitute the licensing terms governing the Work unless the Licensor and a particular recipient separately agree in writing to additional terms.

# 27. BERKLAB Permission Schedule

Every Work using this License should include the following declaration.

## BERKLAB LICENSE v1.0 — PERMISSION SCHEDULE

**Work:** [NAME OF WORK]

**Version:** [VERSION]

**Release Date:** [YYYY-MM-DD]

**Author / Rights Holder:**

[LEGAL NAME / COMMERCIAL NAME / PSEUDONYM / ANONYMOUS]

**License:** BERKLAB License v1.0

### Permission Timeline

**From Release Date**

* Private examination and study: **PERMITTED**

* Public redistribution: [PERMITTED / NOT YET PERMITTED]

* Modification: [PERMITTED / NOT YET PERMITTED]

* Derivative works: [PERMITTED / NOT YET PERMITTED]

* Commercial use: [PERMITTED / NOT YET PERMITTED]

* Proprietary incorporation: [PERMITTED / NOT YET PERMITTED]

**After 6 months**

* Copying: **PERMITTED**

* Public redistribution: **PERMITTED**

**After 12 months**

* Modification: **PERMITTED**

* Adaptation and translation: **PERMITTED**

* Derivative works: **PERMITTED**

**After 24 months**

* Commercial use: **PERMITTED**

* Sale: **PERMITTED**

* Proprietary incorporation: **PERMITTED**

* Commercial distribution of Derivative Works: **PERMITTED**

### Attribution

[REQUIRED ATTRIBUTION / NOTICE / ANONYMOUS DESIGNATION]

# 28. Short Application Notice

The following notice may be included in individual files:

Licensed under the **BERKLAB License, Version 1.0**.

Permissions under this License are released progressively according to the Permission Schedule accompanying this Work.

You may use this Work only according to the permissions that have become effective on the applicable date.

The License and Permission Schedule should accompany redistributed copies.

THE WORK IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND.

# END OF BERKLAB LICENSE VERSION 1.0

Um ponto jurídico importante: enquanto existirem restrições temporárias de redistribuição, modificação ou uso comercial, **BERKLAB License v1.0 não seria equivalente à Apache-2.0 nem provavelmente qualificaria como uma licença “open source” segundo a definição tradicional da OSI durante esses períodos**. Depois que todos os estágios forem liberados, seu efeito pode se aproximar bastante de uma licença permissiva. A Apache 2.0, por contraste, concede desde o início direitos amplos de reprodução, derivados, sublicenciamento e distribuição, sujeitos às suas condições. ([Apache Software Foundation][1])

Referência principal: [Apache License 2.0 — texto oficial](https://www.apache.org/licenses/LICENSE-2.0?utm_source=chatgpt.com)

[1]: https://www.apache.org/licenses/LICENSE-2.0 "Apache License, Version 2.0 | Apache Software Foundation"

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BERKLAB license

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BERKLAB license

BERKLAB license 1.0

Apache License 2.0,