General Public License

General Public License

Version 3, August 2007

Copyright (C) 2007 HOH Enterprises Pty Ltd ”HOH Enterprises”
PO Box 149, Essendon, Victoria, Australia, 3040

Everyone is permitted to copy and distribute verbatim copies of this license document.

Preamble
The licenses for Intellectual Property are designed to take away your freedom to share and change it. By contrast, this General Public License (GPL) is intended to guarantee your freedom to share and change this Intellectual Property or Devices based upon the Intellectual Property and to make sure the Intellectual Property is free for all its users. This General Public License applies to the Specifications or Devices based on the Intellectual Property as outlined at www.hohcells.com  and to any other development whose authors commit to using it and is limited to non-commercial purposes only.

When we speak of free Intellectual Property, we are referring to freedom, not price. Our General Public License is designed to make sure that you have the freedom to use the Intellectual Property and it derivates and that you receive the full Specifications or can get it if you want it, that you can change the Intellectual Property, Device based upon or use pieces of it in new developments; and that you know you can do these things.

To protect your rights, we need to make restrictions that forbid anyone to deny you these rights or to ask you to surrender the rights. These restrictions translate to certain responsibilities for you if you use or modify Intellectual Property or Device based upon.

For example, use the Intellectual Property or Device based upon you must give the recipients all the rights that you have. You must make sure that they, too, receive or can get the full Specifications. And you must show them these terms so they know their rights.

We protect your rights with two steps: (1) copyright the Intellectual Property, and (2) offer you this license which gives you legal permission to use, or modify the Intellectual Property or subsequent Device.

Also, for each author’s protection and ours, we want to make certain that everyone understands that there is no warranty or guarantee for this Intellectual Property or Device based upon. If the Intellectual Property is modified by someone else and passed on, we want its recipients to know that what they have is not the original, so that any modifications introduced by others will not reflect on the original authors’ reputations.

Any free Intellectual Property is threatened constantly by patents. We wish to avoid the danger that users of a free Intellectual Property will individually obtain patent licenses, in effect making the Intellectual property proprietary. To prevent this, it is clear that any patent must be licensed for everyone’s free use or not licensed at all.

It is important to understand that these rights are made to you personally whereby you can reproduce and use  the Intellectual Property for individual use only and not for commercial gain. The commercial rights for the production and or distribution of  Intellectual Property or Devices based upon remain the property of the Author and you are not granted these rights as part of this license. Commercial Enquiries

The precise terms and conditions for use and modification follow.

TERMS AND CONDITIONS FOR USE AND MODIFICATION

  1. This License applies to any Intellectual Property or any Device based on the Intellectual Property which contains a notice placed by the copyright holder saying it may be used under the terms of this General Public License. The “Intellectual Property” refers to any such knowledge or physical device, and  “work based on the Knowledge” means either the Intellectual Property or any derivative device under copyright law: that is to say, a device containing the Intellectual Property or a portion of it, either verbatim or with modifications.  Each licensee is addressed as “you”.

    Activities other than the use and modification are not covered by this License; they are outside its scope. The act of using the Intellectual Property is not restricted, and the output from the Intellectual Property is covered only if its contents constitute a device based or work based on Knowledge from the Intellectual Property (independent of having been made by use of the Intellectual Property). Whether that is true depends on what the Intellectual Property does.
     

  2. You may use verbatim copies of the Intellectual Property as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty; keep intact all the notices that refer to this License and to the absence of any warranty; and give any other recipients of the Intellectual Property a copy of this License along with the Intellectual Property or Device based upon it.

    You may not charge a fee for the physical act of producing a device based on the Intellectual Property.
     

  3. You may modify copy or use the Intellectual Property or any portion of it, thus forming a work based on the Intellectual Property, and use such modifications or device under the terms of Section 1 above, provided that you also meet all of these conditions:
     

    1. You must cause the modified Intellectual Property or device to carry prominent notices stating that you changed the details and the date of any change.

    2. You must cause any device that you produce, that in whole or in part contains or is derived from the Intellectual Property or any part thereof, to be licensed as a whole at no charge to all public parties under the terms of this License.

    3. If identifiable sections of that work are not derived from the Intellectual Property, and can be reasonably considered independent and separate works in themselves, then this License, and its terms, do not apply to those sections when you produce them as separate works. But when you distribute the same sections as part of a whole which is a work based on the Intellectual Property, the production of the whole must be on the terms of this License, whose permissions for other licensees extend to the entire whole, and thus to each and every part regardless of who authored it.

      Thus, it is not the intent of this section to claim rights or contest your rights to work created entirely by you; rather, the intent is to exercise the right to control the derivative or collective works based on the Intellectual Property.

      In addition, mere aggregation of another work not based on the Intellectual Property with the Intellectual Property (or with a work based on the Intellectual Property) does not bring the other work under the scope of this License.
       

  4. You may not use, modify or sublicense the Intellectual Property except as expressly provided under this License. Any attempt otherwise to modify, sublicense or distribute the Intellectual Property or device based upon the Intellectual Property, is void, and will automatically terminate your rights under this License.
     

  5. You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to use or modify the Intellectual Property or its derivative works. These actions are prohibited by law if you do not accept this License. Therefore, by using, or modifying the Intellectual Property (or any work based on the Intellectual Property), you indicate your acceptance of this License to do so, and all its terms and conditions for use or modification of the Intellectual Property or works based on it.
     

  6. Each time you reprooduce the Intellectual Property (or any work based on the Intellectual Property), the recipient must receive a license from the original licensor to use or modify the Intellectual Property subject to these terms and conditions. You may not impose any further restrictions on the recipients’ exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties to this License.
     

  7. If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot reproduce so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not reproduce the Intellectual Property or works based on it at all. For example, if a patent license would not permit royalty-free production of the Intellectual Property by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from reproduction of the Intellectual Property.

    If any portion of this section is held invalid or unenforceable under any particular circumstance, the balance of the section is intended to apply and the section as a whole is intended to apply in other circumstances.

    It is not the purpose of this section to induce you to infringe any patents or other property right claims or to contest validity of any such claims; this section has the sole purpose of protecting the integrity of the free Intellectual Property reproduction system, which is implemented by public license practices. Many people have made generous contributions to the wide range of Intellectual Property distributed through this system in reliance on consistent application of that system; it is up to the author to decide if he or she is willing to distribute Intellectual Property through any other system and a licensee cannot impose that choice.

    This section is intended to make thoroughly clear what is believed to be a consequence of the rest of this License.
     

  8. If the reproduction and/or use of the Intellectual Property is restricted in certain countries either by patents or by copyrighted interfaces, the original copyright holder who places the Intellectual Property under this License may add an explicit geographical reproduction limitation excluding those countries, so that reproduction is permitted only in or among countries not thus excluded. In such case, this License incorporates the limitation as if written in the body of this License.
     

  9. “HOH Enterprises” may publish revised and/or new versions of the General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns.
     

  10. If you wish to incorporate parts of the Intellectual Property into other free Intellectual Property whose reproduction conditions are different, write to the author to ask for permission. For Intellectual Property which is copyrighted by “HOH Enterprises”, write to “HOH Enterprises”; we sometimes make exceptions for this. Our decision will be guided by the two goals of preserving the free status of all derivatives of the Intellectual Property and of promoting the sharing and reuse of Intellectual Property generally.

NO WARRANTY

  1. BECAUSE THE INTELLECTUAL PROPERTY AND WORKS BASED UPON IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY OR GUARANTEE FOR THE INTELLECTUAL PROPERTIES PERFORMANCE OR LACK THEREOF WHICH INCLUDES BUT IS NOT LIMITED ANY PHYSICAL DEVICE BASED UPON THE INTELLECTUAL PROPERTY, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE INTELLECTUAL PROPERTY “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE INTELLECTUAL PROPERTY IS WITH YOU. SHOULD THE INTELLECTUAL PROPERTY PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
     

  2. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE INTELLECTUAL PROPERTY OR ANY PHYSICAL DEVICES BASED ON THE INTELLECTUAL AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE INTELLECTUAL (INCLUDING BUT NOT LIMITED TO LOSS OR PERSONAL INJURY OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE INTELLECTUAL PROPERTY TO OPERATE, EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

END OF TERMS AND CONDITIONS

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