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Kagerato Commercial License

Version 2.7, May 2012

Section 0: DEFINITIONS

These definitions shall govern the interpretation and application of this license.

Section 1: PURPOSE

This license is designed to handle most of the likely needs of small to medium sized businesses and institutions. It exists to grant the licensee certain enumerated rights which would not otherwise be possessed under applicable law. It cannot and shall not eliminate or restrict rights provided by any relevant law.

Section 2: SCOPE AND APPLICABILITY

Section 3: NON-COMMERCIAL RIGHTS

With regard to the governed work, licensees have strictly non-commercial rights to:

Section 4: COMMERCIAL USE

==== (a) Conditional Privileges ====

Concerning the governed work, licensees have conditional privileges to:

==== (b) Licensee Requirements ====

To maintain the commercial privileges above, the licensee must:

More detailed information is provided below.

==== (c) Royalties ====

Commercial uses may incur royalties which are to be paid either directly to the copyright holder or to a designated agent thereof. The following passages describe the precise rules concerning if, how, when, and what royalties should be paid.

All monetary figures are in United States dollars (USD), and any payment is expected in the same currency. Licensees operating outside the United States shall use the current international exchange rate between the local currency and U.S. dollars to make foreign payments.

Royalties are assessed on revenues from all commercial uses of the governed work and its derivatives in any given year. The revenue from each commercial copy of the governed work shall be fully counted, even if it is only a partial copy or a component of a larger collection. Total revenue shall be rounded to the nearest whole dollar.

The royalty to be paid is a fraction of the licensee's total revenue for the year on such commercial uses. The following table factually describes the rates:

   Total Yearly Revenue     |  Percentage of Revenue
   (minimum to maximum)     |     Due as Royalty
----------------------------|--------------------------
          $1 to       $999  |  0 (nothing)
      $1,000 to     $9,999  |  5
     $10,000 to    $99,999  |  10
    $100,000 to   $999,999  |  15
  $1,000,000 to $9,999,999  |  20
 $10,000,000 to   Infinity  |  25

For accounting and tracking revenue, the Gregorian calendar shall be used. Royalty rates reset on each new year to zero percent, until sufficient revenue has been accumulated to raise them.

There are no restrictions on the channels or means royalties may be paid by, so long as the copyright holder accepts the payment.

Any royalties owed from the previous year must be paid by March 15th of the current year. Naturally, the licensee may pay at any earlier time.

All royalty payments shall be accompanied by a message identifying the licensee, the governed work to which the royalty applies, any derivative works involved, and the exact payment amount.

==== (d) Information Requests ====

In order to determine accurate calculation and payment of royalties, the copyright holder may ask the licensee for any relevant financial or accounting figures concerning goods, services, or other items that make use of the governed work.

The licensee shall respond truthfully and completely with the requested information as soon as it is reasonably feasible to do so.

The copyright holder shall not use this requirement to harass the licensee, nor to obtain information which has nothing to do with royalties.

==== (e) Non-compliance Penalties ====

If the licensee ignores or defies any condition in this section for a period of at least two years, the licensee's commercial use privileges under this license are automatically and immediately suspended. In such a case, the licensee must receive explicit permission from the copyright holder for commercial use privileges to be restored.

Willful defiance of this license for a period of three or more years shall result in the licensee's immediate surrender to the copyright holder of any and all profits made through use of the governed work.

Section 5: RIGHTS RETAINED BY THE COPYRIGHT HOLDER

This is an inclusive, not exclusive, license. The copyright holder may use the governed work in any manner for any purpose. No transfer nor assignment of copyright is made.

Section 6: RIGHTS RESERVED BY THE AUTHOR

With regard to the governed work, the author reserves these rights:

Section 7: COINCIDENCE AND CONFLICT WITH OTHER LICENSES

As permissible by applicable law, the governed work may be simultaneously licensed under multiple agreements or contracts. Each license shall be applied, interpreted, and enforced separately.

If the terms of two licenses or contracts directly contradict, contravene, or nullify one another in a way that cannot be reconciled by separate application and enforcement, applicable law shall determine which terms prevail. In the case that applicable law cannot or does not resolve the ambiguity, the less restrictive of conflicting terms shall hold.