Origami Diagram Maker - Licence

Version 1.0 · plain text · earlier and later versions stay available at licence/<version>.txt

Licence version 1.0, in force from the first public release of the Software

In short (this summary is for convenience; the terms below are what count):

Free for individuals, including selling diagrams you make with it, as long as your income from them is at most EUR 1,000 per calendar year.
Free for non-profit origami societies and non-profit schools and universities.
A separate licence is needed above that income, for diagramming on commission for others, and for companies, publishers and other organisations (after a 30-day evaluation): just get in touch.
You own the diagrams and project files you make. What you made under this licence stays yours to use and sell, also after you go over the income limit or your licence ends.
You may share the unmodified installer, free of charge.
No warranty.

By installing or using the Software, You accept this licence. If You do not accept it, do not install or use the Software.

1. Definitions

“Software”: the program Origami Diagram Maker as made available by the Author, in the form in which it is distributed (including any source code files that it needs to run), together with its updates, documentation and example files, and copies of all of these. Third-party components included in it are dealt with in section 7.

“Author”: Thomas Krak.

“You”: the natural person or the Organisation that installs or uses the Software. An Organisation is responsible for the use of the Software by the people acting on its behalf.

“Individual”: a natural person using the Software for themselves: for private purposes or for their own independent activities, including a business that they run in their own name (for example as a sole trader or freelancer). A person who uses the Software on behalf of someone else, for example as an employee, volunteer, board member or representative of an Organisation, does not act as an Individual in that use.

“Organisation”: any company, partnership, publisher, association, foundation, school, university, government body or other organisation or legal entity. A business that an Individual runs in their own name, without a separate legal entity, is not an Organisation.

“Non-profit Organisation”: an origami society or association, or a school, university or other educational institution, that is not run for profit: it does not distribute profits to its members, owners, directors or others, and it uses any surplus only for its non-profit purposes. Public schools and universities qualify; educational institutions and course providers that are run for profit do not.

“Output”: diagrams, images, PDF files and other material produced with the Software, and project files saved by it.

“Commissioned Work”: Output that You make at the request of another person or an Organisation, for their purposes, in exchange for payment or other compensation, as explained in section 2.3.

“Output Income”: the income that You receive from Output and from works, products and activities that contain or use Output, such as sales of diagrams or books, paid downloads, royalties and advances, licence fees, and income from memberships, subscriptions, classes and events, as far as it is attributable to Output. It is calculated as set out in section 2.4.

“Income Limit”: EUR 1,000 of Output Income in a calendar year.

2. Free licences

2.1 The Author grants You a free, non-exclusive, non-transferable, worldwide licence to install and use the Software, subject to these terms:

a) as an Individual, under the conditions of section 2.2;

b) as a Non-profit Organisation, for the activities described in section 2.6; and

c) for evaluation, as described in section 2.7.

You may install the Software on as many devices as You need for the use that is covered, including shared computers. Each person who uses the Software must be covered: when acting for themselves, by their own licence; when acting on behalf of an Organisation, by the licence of that Organisation. Any other use requires a separate licence (section 3).

2.2 Individuals. As an Individual You may use the Software for any purpose, including commercial purposes such as selling diagrams, offering them for paid download or through paid memberships, and teaching, as long as:

a) Your Output Income has not exceeded the Income Limit in the current calendar year, or You are still within the transition period of section 2.5; and

b) You do not use the Software to make Commissioned Work.

Whether You act as an Individual depends on whom You act for, not on whose computer You use or when You use it. Using the Software for Your employer, or otherwise on behalf of an Organisation, is not use as an Individual.

2.3 Commissioned Work. Output is Commissioned Work if You make it at the request of another person or an Organisation, for their purposes, and You receive payment or other compensation for making it or for its use; for example, diagramming a model for a designer, publisher or company for a fee. In this licence:

a) payment or other compensation includes fees, honoraria, a share of revenue, and goods or services given in return;

b) it does not include reimbursement of costs that You actually incur, a free copy of a publication that contains Your Output, free admission to an event at which Your Output is used or presented, or a credit or acknowledgement;

c) Output that You make for someone without such compensation, for example for a friend, a colleague or a community organisation, is not Commissioned Work;

d) Output for a work of Your own, such as Your own designs or a book of which You are the author or a co-author, is not Commissioned Work just because a publisher, shop or platform publishes or sells it and pays You for it, even if the publisher asked You to write it. Nor is Output that You make for an activity that You carry out Yourself, such as handouts for a class that You teach. The income from these counts as Output Income;

e) Output that You make for a client as part of a larger paid assignment is Commissioned Work, even if the diagrams are only a small part of it;

f) Output that You make for a Non-profit Organisation, for activities covered by section 2.6, is not Commissioned Work, even if it pays You for it. What it pays You counts as Output Income.

2.4 Output Income is calculated per calendar year, as follows:

a) Amounts count in the calendar year in which You receive them, whenever the Output was made or the sale took place. Royalties, advances and other delayed payments therefore count in the year in which You receive them.

b) Count the price paid for Your sales and services without VAT or similar sales taxes, but before deduction of Your costs, such as materials, printing, shipping, and the commissions and fees that a platform, shop or payment provider keeps. Where someone else sells a work and pays You a share, such as a publisher paying royalties, count what is paid to You.

c) Deduct refunds and chargebacks in the year in which You pay them back.

d) Convert amounts in other currencies into euros at the rate that Your bank or payment provider applied or, failing that, at a published rate for the day on which You received them, such as the European Central Bank reference rate.

e) Count goods or services that You receive instead of money at their usual price.

f) If Output is only part of a work, product or activity, count only the part of its income that is attributable to the Output, using a reasonable method that You apply consistently. For example:

for a book, magazine or other publication: Your income from it, multiplied by the share of its models (or pages) that consists of Output;
for a class, membership, subscription, event or convention: the part of the price that is for the Output, such as the price that You charge, or would charge, for that Output on its own.

g) If You share the income from a work with co-authors or other contributors, count only Your own share.

2.5 Going over the Income Limit. If Your Output Income exceeds the Income Limit in a calendar year:

a) Your use of the Software up to that moment remains covered by this licence, and no fee or royalty is due for it;

b) You may continue to use the Software under this licence for 60 days from the day on which the Income Limit was exceeded (the transition period). If You ask the Author for a separate licence within that period, the transition period lasts at least until 30 days after the Author has answered Your request;

c) after the transition period, You need a separate licence to use the Software for the rest of that calendar year. From 1 January of the next year, section 2.2 applies again;

d) Output that You made while Your use of the Software was covered by this licence remains Yours (section 4), and You may continue to publish, sell, license and otherwise use it without a separate licence and without payment to the Author, also while Your Output Income exceeds the Income Limit and after this licence has ended.

Going over the Income Limit is not a breach of this licence. Using the Software after the transition period without the required separate licence is.

2.6 Non-profit Organisations. A Non-profit Organisation may use the Software for its own activities that serve its non-profit purposes, such as convention books, magazines, newsletters, exhibitions, classes, workshops, teaching and research. This includes activities for which it charges fees or sells publications or merchandise, as long as the income is used only for its non-profit purposes. This licence covers the people who act on its behalf, such as its employees, volunteers, board members and teachers, and its pupils and students when they use the Software for their education there. It does not cover:

a) making Output for others in exchange for payment or other compensation;

b) use of the Software by another Organisation that does not qualify, even if it is related to the Non-profit Organisation, such as a trading subsidiary; or

c) its members' own activities, for which they need a licence of their own, such as the free licence for Individuals.

Contractors that it pays to make Output use the Software under their own licence; for Individuals, see section 2.3(f).

2.7 Evaluation. Anyone whose use is not covered by section 2.2 or 2.6, such as a company, a publisher or an Individual who wants to make Commissioned Work, may use the Software for evaluation only, during one evaluation period of 30 days:

a) The evaluation period starts on the first day on which the Software is used by You, or on Your behalf, for a use not covered by section 2.2 or 2.6. There is one evaluation period per Individual and one per Organisation, however many people, devices, installations or versions are involved. Reinstalling the Software, moving to another computer, or installing an update or a new version does not start a new period. The Author may agree in writing to a new period, for example for a new major version.

b) Evaluation means finding out whether the Software meets Your needs: testing its features, making test projects and sample diagrams, assessing them internally, and preparing work that You intend to continue under a separate licence.

c) Output made during the evaluation period remains Yours (section 4) and You may keep it. You may not publish it, sell it, deliver it to a client or otherwise use it commercially, unless You obtain a separate licence that covers it.

d) After the evaluation period, any further use requires a separate licence. An Individual who goes over the Income Limit gets the transition period of section 2.5, not an evaluation period.

2.8 Credit (a request, not a condition). If You publish, sell or otherwise make Output available to the public, the Author asks You to include a visible credit such as "Diagrams made with Origami Diagram Maker" in or alongside it. Not doing so does not affect Your licence.

3. Other use

Any use of the Software not covered by section 2 requires a separate written licence from the Author. This includes use by Organisations other than Non-profit Organisations after the evaluation period, use by Individuals after the transition period of section 2.5, and making Commissioned Work. To ask for a licence, contact origamidiagrammaker@gmail.com. The Author decides on such licences case by case and aims for simple terms that fit the nature and scale of the use. Other non-profit organisations, such as libraries, museums and youth organisations, are welcome to ask for a free licence. A separate licence may also cover use that has already taken place. Where the terms of a separate licence differ from this licence, the separate licence applies to the use that it covers.

4. Your Output

4.1 As between You and the Author, the Output is Yours. The Author claims no ownership of or other rights in Your Output, and no royalties or other payment for its use. You may also use the elements that the Software generates in Your Output, such as arrows, symbols and line styles, freely as part of that Output. Apart from sections 2.7(c) and 4.4, this licence places no conditions on what You do with Your Output, also after You go over the Income Limit or after this licence ends.

4.2 Whether Output is protected by copyright or other rights depends on the law and on the Output itself; this licence does not create such rights. Who owns Output that You make for someone else, such as Your employer or a client, is a matter between You and them.

4.3 This licence gives You no rights in material of others that Your Output contains or is based on, such as origami designs, crease patterns, diagrams, artwork or fonts made by others. The Software may draw on crease patterns, designs or other material that belong to others. You are responsible for having the rights to the designs that You diagram and for obtaining any permission that is needed.

4.4 The example files that come with the Software (crease patterns, projects and diagrams) are part of the Software. You may use them to learn, to try out the Software and as a starting point for Your own diagrams. Publishing or selling the example files themselves, or the example diagrams, requires the Author's permission, except as part of a copy of the Software that You distribute under section 5.

5. Distribution

5.1 You may copy the installer or package of the Software as published by the Author and give it or make it available to others, for example through a website, a download site or mirror, a software repository, a school network or a storage medium, provided that:

a) it is complete and unmodified: the same files as published by the Author, including this licence, THIRD_PARTY_LICENSES.txt and all other notices;

b) You do not charge for it or for access to it, and do not include it in a product or service offered for payment;

c) it stays a separate installer or package: You do not build it into other software, combine it with other software in one installer, or wrap it in a download manager or another installer (a package manager entry that only downloads and runs the unmodified installer is allowed); and

d) You do not suggest that You made the Software or that the Author endorses You.

You may provide it together with other material, such as installation instructions or course material, as long as that material is clearly Yours and not misleading.

5.2 You do not grant recipients a licence, and You cannot give them more rights than these terms. Each recipient receives a licence directly from the Author, under the licence version included in the copy, when they install or use the Software.

5.3 Any other distribution requires the Author's written permission. This includes selling, renting, leasing or lending the Software for a fee, sublicensing it, distributing modified or repackaged versions of it, and distributing it as part of another product.

6. Restrictions

6.1 Except as allowed by section 7 or by applicable law that cannot be set aside by agreement, You may not:

a) modify, adapt or translate the Software, or create derivative works of it;

b) decompile, disassemble or otherwise reverse engineer the Software;

c) remove or alter copyright notices, licence texts or other notices in the Software.

6.2 Nothing in this licence limits the rights that You have under mandatory law, such as the rights of a lawful user under the EU Software Directive (Directive 2009/24/EC) and the national laws implementing it (in the Netherlands, articles 45j to 45m of the Auteurswet). These include, under the conditions set by that law, making a back-up copy, observing, studying and testing how the Software works, correcting errors, and decompiling it where this is necessary for interoperability.

7. Third-party components

7.1 The Software includes components made by third parties, each under its own licence. These components and their licences are listed in THIRD_PARTY_LICENSES.txt, which comes with the Software. For those components, their own licences apply, and nothing in this licence limits the rights that those licences give You.

7.2 Some of these components are libraries under the GNU Lesser General Public License (LGPL), among them Qt and Qt for Python (PySide6 and Shiboken6) under LGPL version 3, and GEOS under LGPL version 2.1. They are included as separate library files. You may modify these libraries, replace them in Your installation with modified versions, and reverse engineer the Software as far as needed to debug such modifications. Where the licence of such a library requires it, You may also modify the Software for Your own use and reverse engineer it to debug such modifications, to the extent that licence requires. Sections 5 and 6 do not restrict these rights. THIRD_PARTY_LICENSES.txt states where to obtain the source code of these libraries.

8. Updates, licence versions and privacy

8.1 The Software can check for updates. The first time You start it, it asks whether it may do so automatically; You can change this in the settings at any time, and the Software asks You before it installs an update. To check, it contacts GitHub (github.com), a service of GitHub, Inc. Like any internet request, this gives GitHub Your IP address and technical information about the request, such as the version of the Software. GitHub handles this information under its own privacy statement. The update check sends no other information about You or Your work, and the Author receives no personal data from it: GitHub shows the Author only overall statistics, such as how often each release file has been downloaded. Apart from update checks and web pages that You choose to open, the Software does not connect to the internet and does not collect usage data.

8.2 Each copy of the Software comes with the licence version that applies to it, in the file LICENSE.txt. Updates and new versions are covered by this licence unless they come with a different licence version.

8.3 If an update or new version comes with a different licence version, its release notes say so, and the new licence version is available on the website (section 13) before You install it. By installing or using the update or version, You accept that licence version for it. If You do not accept it, do not install it: You may keep using the version that You have, under the licence version that came with it.

8.4 A new licence version never takes away rights that You have under an earlier licence version for the versions of the Software that came with it. The licence for a version has no end date; it ends only as set out in section 11. All licence versions remain available on the website.

9. No warranty

The Software is provided free of charge and "as is". To the extent permitted by applicable law, the Author gives no warranty of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement, and does not promise that the Software is free of errors, that it works without interruption, or that its Output (such as a layer order, a folding sequence or a diagram) is correct. You use it at Your own risk. Project files made with one version may not open in other versions; keep backups of Your work. This section does not affect rights that You have under mandatory law.

10. Limitation of liability

To the extent permitted by applicable law, the Author is not liable for any damage arising from the use of, or the inability to use, the Software or its Output, including loss or corruption of data, loss of profits and indirect damage. This does not exclude or limit: liability that cannot be excluded or limited under applicable law; liability for damage caused intentionally, through deliberate recklessness or through gross negligence on the part of the Author; liability for death or personal injury; or liability under mandatory product liability or consumer protection law. In all other cases in which the Author is nevertheless liable, the Author's total liability towards You is limited to EUR 100.

11. Termination

11.1 If You breach this licence, the Author may notify You of the breach in writing (email is

enough). If the breach can be remedied, for example by obtaining a separate licence, stopping use that is not covered or restoring removed notices, You have 30 days after the notice to remedy it. If You do not, this licence ends at the end of those 30 days.

11.2 The Author may end this licence with immediate effect, by written notice, if the breach

cannot be remedied, if it is serious and deliberate (such as selling the Software or distributing modified copies of it), or if You repeat a breach after an earlier notice.

11.3 You may end this licence at any time by stopping all use of the Software and deleting it.

11.4 When this licence ends, You must stop using the Software and delete or uninstall all

copies of it that You have. Your Output remains Yours: You may keep Your project files and other Output, and continue to publish, sell, license and otherwise use it, as set out in sections 2.5(d) and 4.

11.5 You may still ask the Author for a separate licence after this licence has ended. The end

of this licence does not affect the rights that the Author has under the law for use of the Software that was not covered by a licence.

11.6 Sections 2.5(d), 2.7(c), 4, 7, 9, 10, 11.4, 11.5 and 12 continue to apply after this

licence ends.

12. Governing law and disputes

12.1 This licence is governed by the laws of the Netherlands. If You are a consumer (a natural

person acting for purposes outside Your trade, business, craft or profession), this does not take away the protection that the mandatory law of the country where You live gives You.

12.2 Disputes between the Author and anyone who is not a consumer go to the competent court in

the district of Oost-Brabant (Rechtbank Oost-Brabant), the Netherlands, unless mandatory law says otherwise.

12.3 If You are a consumer, section 12.2 does not apply. Disputes then go to the court that

has jurisdiction under the applicable rules (within the European Union: Regulation (EU) No 1215/2012), which may be a court in the country where You live.

13. Contact

origamidiagrammaker@gmail.com https://origamidiagrammaker.github.io