The Breathe License, Version 1.0

Free to breathe, paid to bottle.

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THIS FILE LICENSES THIS WORK.

Unlike the template published at
https://github.com/OxyHQ/.github/blob/main/LICENSE-BREATHE.md, this copy has
its Parameters filled in, so these terms govern the work named in them.

WHAT THIS LICENSE IS:

  -   SOURCE AVAILABLE, NOT OPEN SOURCE. The Breathe License is NOT approved
      by the Open Source Initiative and is NOT approved by the Free Software
      Foundation. It does not appear on the SPDX license list. GitHub will
      display a repository using it as "Other" or "custom", and automated
      license scanners will report it as unknown.

      It is worth being precise about WHY it is not open source. It is NOT
      because of the copyleft; the AGPL is copyleft and is OSI approved. It
      is because Section 2 makes commercial use conditional on a paid
      license, which is discrimination against a field of endeavour under
      clause 6 of the Open Source Definition. Anyone who calls software
      under this license "open source" is using the wrong words.

  -   NOT COMPATIBLE WITH THE GPL OR THE AGPL. Code under the GPL or the
      AGPL cannot be combined into a work licensed under these terms, and a
      work licensed under these terms cannot be combined into a GPL or AGPL
      work. This is a hard constraint, not a preference. It is one reason
      Oxy publishes its SDK and client libraries under Apache-2.0 instead.
      The other reason is simpler: if integrating Oxy login cost money,
      nobody would integrate it.

  -   COPYLEFT, INCLUDING OVER A NETWORK, FOR EVERYONE. If you deploy this
      software or anything derived from it, you publish the corresponding
      source. That applies to every user without exception, including paying
      commercial licensees. It cannot be bought out of. The obligation is
      modelled on the AGPL-3.0, but this is an original text and is not the
      AGPL. The Free Software Foundation neither endorses it nor is
      associated with it.

  -   ATTRIBUTION IS MANDATORY AND CANNOT BE WAIVED. It applies to every
      copy, every derivative, and every network deployment, including those
      made by paying commercial licensees. Paying does not buy anonymity.

  -   IT IS NOT RETROACTIVE. Any version of this work published under an
      earlier license stays under that license, permanently, for anyone who
      already has it. These terms bind this version and later ones.

THIS DOCUMENT HAS NOT BEEN REVIEWED BY A LAWYER. It was drafted from
established templates, which is not legal advice and is no substitute for
it. Have a qualified lawyer in the relevant jurisdiction review these terms
before applying them to any work that matters commercially.

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Preamble

This preamble explains the intent of the license. It is not part of the
terms and creates no rights or obligations.

Oxy is named for oxygen, because oxygen is essential and shared. This
license tries to work the same way, and it asks for two things in return.

The first is that the software stays open. It was published in the open, and
it stays that way in every hand it passes through. Anyone may read it, run
it, study it, change it, and pass it on, and anyone who deploys it or a
changed version of it publishes the source of what they deployed. That
obligation is not for sale. There is no version of this license under which
someone takes this work private, and no fee that buys the right to. Everyone
breathes the same air.

The second is that people who make money with it pay for it. Using it,
learning from it, and building on it are free. Building a revenue generating
business on top of somebody else's work, contributing nothing back to it, is
not. That is the line, and buying a commercial license is the whole of what
crosses it: it buys the right to use this software commercially. It does not
buy secrecy, and it does not buy silence about where the software came from.

Cooperatives, nonprofits, educational institutions, and public bodies pay
nothing. They publish their source and give credit like everyone else. They
are exempt from the fee, and from nothing else.

Free to breathe, paid to bottle. Breathing is using, studying, changing, and
sharing in the open, and it is free. Bottling it to sell is the part that
costs money.

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Parameters

Fill these in for each work. Capitalized terms are defined in Section 15.

Licensor:                     The Oxy Collective, Inc., incorporated in
                              <JURISDICTION OF INCORPORATION: NOT YET
                              SUPPLIED> under registration number
                              <REGISTRATION NUMBER: NOT YET SUPPLIED>
The Software:                 @oxy.so/core, and each version of it the
                              Licensor makes available under these terms
Copyright notice:             Copyright (c) 2025-present The Oxy Collective,
                              Inc.
License identifier:           LicenseRef-Breathe-1.0
Commercial Terms:
    https://github.com/OxyHQ/.github/blob/main/LICENSE-COMMERCIAL.md
Exemption Policy:
    https://github.com/OxyHQ/.github/blob/main/licensing/EXEMPTIONS.md
Commercial licensing contact: licensing@oxy.so
Governing Law:                <GOVERNING LAW: NOT YET SUPPLIED>

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1. Acceptance

To get any license under these terms, you must agree to them as both strict
obligations and conditions on every license they grant you. If you do not
agree to them, you have no license to the Software.

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2. Copyright license

The Licensor grants you a worldwide, royalty free, non exclusive copyright
license to do everything with the Software that would otherwise infringe the
Licensor's copyright in it, for any Permitted Purpose.

That includes running it, studying it, copying it, modifying it, making
Modified Versions and other works based on it, publicly performing and
displaying it, Conveying it, and making it available to others through
Remote Interaction, in each case for a Permitted Purpose.

This license is granted for as long as you comply with Section 3. It does
not expire, the Licensor cannot revoke it while you comply, and no fee is
payable for it.

2.1 Permitted Purpose

A Permitted Purpose is any purpose that is not Commercial Use.

Commercial Use is not licensed under this document. To use the Software
commercially you must take the Commercial Terms identified in the Parameters
table. See Section 4.

2.2 Permitted Purposes specifically include

For the avoidance of doubt, each of the following is a Permitted Purpose:

  -   (a) using the Software personally, on your own behalf, where your use
      is not connected to Revenue;

  -   (b) private study, research, and experiment, whether or not you
      publish the results;

  -   (c) teaching, and use by a student or a member of faculty in that
      capacity;

  -   (d) academic and non commercial research, including research funded by
      grants that are not consideration for goods or services;

  -   (e) evaluating the Software, for up to ninety days, to decide whether
      to take the Commercial Terms, including evaluation inside an
      organization that would otherwise need them;

  -   (f) developing, testing, reporting bugs in, and contributing to the
      Software itself, including maintaining a fork of it;

  -   (g) Conveying the Software or a Modified Version to others at no
      charge, where you derive no Revenue from doing so; and

  -   (h) use by a hobbyist, a volunteer project, or a community group that
      generates no Revenue.

2.3 Commercial Use specifically includes

Each of the following is Commercial Use and requires the Commercial Terms:

  -   (a) incorporating the Software, in whole or in part, into a product or
      service Your Organization offers for a fee, whether the fee is for a
      license, a subscription, hosting, support, consulting, or anything
      else;

  -   (b) operating the Software, or a Modified Version, as a hosted or
      managed service that others pay to access;

  -   (c) using the Software internally to produce, deliver, operate,
      support, or administer goods or services Your Organization offers for
      a fee, including internal tooling, back office systems, and
      infrastructure. Internal use is not automatically exempt. If Your
      Organization earns Revenue and the Software is used in the course of
      earning it, that is Commercial Use;

  -   (d) using the Software in a product or service offered at no charge
      from which Your Organization derives Revenue by other means, including
      advertising, data licensing, and referral fees; and

  -   (e) Conveying the Software as part of a paid distribution, appliance,
      device, or bundle.

The test is the connection between your use and Revenue. It does not matter
whether the Software itself is the thing being sold.

2.4 The Commercial Terms do not change Section 3

Taking the Commercial Terms adds the right to use the Software commercially.
It changes nothing else. Every condition in Section 3 continues to apply to
you in full, including publishing source and giving Attribution. See Section
4.

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3. Conditions

These conditions apply to everyone using the Software, without exception,
and whether or not you hold the Commercial Terms. They are not obligations
that can be bought out of, and the Licensor does not offer, and will not
offer, any license that releases anyone from them.

3.1 Attribution

Attribution is mandatory and cannot be waived, by agreement or by payment.

Wherever you Convey the Software or a Modified Version, or make either
available through Remote Interaction, you must give Attribution.

Attribution means preserving the copyright notice and a copy of these terms
in the source you Convey, and presenting the following line in at least one
place your users can reach:

    Built on @oxy.so/core by The Oxy Collective, Inc., https://oxy.so.
    Licensed under the Breathe License 1.0.

A reachable "About", "Credits", "Licenses", or "Open source" screen
satisfies this. So does the documentation, or a NOTICE file shipped with the
work, if the work has no user interface.

One place is enough, and once per work is enough. You are not required to
put Attribution on a home page, a splash screen, a login screen, a marketing
page, or anywhere else your users have not chosen to look. You are not
required to name the Licensor in advertising. You may not remove or obscure
the Licensor's existing copyright and license notices in the source.

No commercial license, order form, purchase agreement, or other arrangement
removes this requirement. A holder of the Commercial Terms owes Attribution
on exactly the same terms as everybody else. Any provision of any other
document purporting to waive this Section is void.

3.2 Source availability on conveyance

If you Convey the Software or a Modified Version, in source or object form,
you must make the Corresponding Source for what you Conveyed available to
every recipient, at no charge beyond your reasonable cost of doing so,
either by including it with what you Convey or by a written offer, valid for
at least three years, telling recipients where to get it.

3.3 Source availability on network use

If you make the Software or a Modified Version available to anyone through
Remote Interaction, you must offer every user who so interacts with it a
prominent, no charge way to obtain the Corresponding Source of the version
they are interacting with, through a network server or another readily
accessible means.

This condition applies whether or not you also Convey the work, whether or
not you charge for access, and whether or not you hold the Commercial Terms.
There is no way to pay to avoid it.

This condition does not reach your separate work. Section 3.5 says what
counts as a Modified Version and what does not.

3.4 Notices

Anyone who gets any part of the Software or a Modified Version from you must
also get a copy of these terms, or the URL for them, together with any plain
text lines beginning with Required Notice: that the Licensor supplied with
the Software.

If you Convey a Modified Version, you must carry prominent notices stating
that you changed it and the date you changed it. You may add your own
copyright notice for your own contributions. You may not misrepresent the
origin of the Software.

3.5 What is a Modified Version, and what is not

Using the Software only through its Documented Public Interfaces does not by
itself make your program a Modified Version, and does not put your program
under these terms. Your own program remains yours, under whatever license
you choose, and you are not required to publish its source.

For the avoidance of doubt, none of the following makes your program a
Modified Version:

  -   (a) calling the Software's Documented Public Interfaces, whether in
      the same process, in a separate process, or across a network;

  -   (b) importing, linking against, or bundling a client library or SDK
      published by the Licensor in order to communicate with the Software,
      where your program uses only that library's Documented Public
      Interfaces;

  -   (c) writing a plugin, extension, theme, adapter, or driver that the
      Software loads through an interface the Software documents for that
      purpose;

  -   (d) sending data to, or receiving data from, the Software or a service
      operated with it;

  -   (e) deploying the Software alongside your own separate programs, or
      distributing it with them on the same medium or in the same image,
      where the programs are independent works that are merely aggregated;
      or

  -   (f) configuring, theming, or supplying data to the Software without
      altering its source.

Your program is a Modified Version if you alter the Software's source, copy
source code out of the Software into your program, or incorporate the
Software into your program other than through its Documented Public
Interfaces.

Section 3.5 concerns only what must be published. It does not affect Section
2.1: running the Software commercially requires the Commercial Terms even
where your own separate program stays yours.

3.6 No further restrictions

You may not impose any term on a recipient of the Software or a Modified
Version that restricts the rights these terms grant them, and you may not
condition their exercise of those rights on the payment of a royalty to you
for the Software itself. You may charge for your own work, for distribution,
for support, and for services, subject to Section 2.1.

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4. The Commercial Terms

If your use is Commercial Use, you need the Commercial Terms identified in
the Parameters table. They are a separate license granted by the Licensor as
copyright holder, and they are the only way to use the Software
commercially.

What they give you. The right to use the Software for Commercial Use. That
is all, and it is deliberate.

What they do not give you, and what no Oxy license will ever give anyone:

  -   They do not release you from publishing source. Sections 3.2 and 3.3
      apply to commercial licensees in full. If you deploy the Software or a
      Modified Version, you publish the Corresponding Source, exactly as a
      non paying user does.

  -   They do not release you from Attribution. Section 3.1 applies to
      commercial licensees in full.

  -   They do not permit you to make the Software, or your changes to it,
      proprietary. There is no arrangement, at any price, under which the
      Licensor will agree otherwise. This is a design choice, not an opening
      negotiating position.

The Licensor grants the Commercial Terms at no charge to Exempt
Organizations. See Section 5.

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5. Exempt Organizations

The Licensor grants the Commercial Terms at no charge to any Exempt
Organization, on the terms of the published Exemption Policy.

The exemption is from the fee, and from nothing else. An Exempt Organization
using the Software commercially is bound by every condition in Section 3 in
full, including publishing Corresponding Source and giving Attribution,
exactly as a paying commercial licensee is.

An Exempt Organization may begin Commercial Use immediately in reliance on
this Section, without waiting for written confirmation from the Licensor.
The Exemption Policy explains how to obtain written confirmation if you want
it for your own records.

Many Exempt Organizations will find they do not need the Commercial Terms at
all, because their use is not Commercial Use in the first place. Section 2.2
already covers them.

A change to the Exemption Policy does not retroactively withdraw a grant
already made.

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6. Third party components

These terms cover only the parts of the Software that the Licensor owns.

The Software may contain, bundle, depend on, vendor, or link to components
authored by third parties and licensed under their own terms. Those
components remain governed by their own licenses. Nothing in these terms:

  -   (a) overrides, replaces, supersedes, or modifies the license of any
      third party component;

  -   (b) reduces, restricts, or conditions any right that a third party
      component's own license grants you;

  -   (c) purports to license to you any right in a third party component
      that the Licensor does not itself hold and is not entitled to grant;
      or

  -   (d) creates any obligation for you in respect of a third party
      component beyond what that component's own license requires.

Where a third party component's license conflicts with these terms in
respect of that component, that component's license governs it. In
particular, a component licensed permissively remains usable by you
commercially under its own terms, whether or not you hold the Commercial
Terms for the Software.

Where to look. A work licensed under these terms that carries third party
components lists them in a NOTICE or THIRD-PARTY-LICENSES file at its root,
naming each component, its license, and where the full license text can be
found. Read it. The absence of such a file is not a representation that the
work carries no third party components; dependency manifests and lockfiles
are also authoritative.

What this clause does not do. It resolves the case where the Software merely
*contains* separately licensed files alongside the Licensor's own code. It
does not rescue a work that is a derivative of copyleft licensed code. If
code under the GPL, the AGPL, or another copyleft license is combined into
the Software such that the combination is a derivative or covered work of
that code, then that copyleft license governs the whole combination, and no
third party components clause can carve the Licensor's own contributions
back out of it. In that case the Licensor cannot license the combination
under these terms at all, because the Licensor does not hold the right to do
so.

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7. Patent license

The Licensor grants you a patent license for the Software covering patent
claims the Licensor can license, or becomes able to license, that you would
infringe by using the Software as these terms permit. This patent license
runs for as long as your copyright license under Section 2 does, and extends
to Commercial Use only while you hold the Commercial Terms.

No other patent rights are granted, by implication, estoppel, or otherwise.

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8. Patent defense

If you make any written claim that the Software infringes or contributes to
the infringement of any patent, your patent license under Section 7 ends
immediately. If Your Organization makes such a claim, your patent license
ends immediately for work done on behalf of Your Organization.

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9. Trademarks

These terms grant you no right to use the Licensor's names, logos, trade
names, service marks, or product names, including "Oxy" and "Breathe",
except as Section 3.1 requires in order to state the origin of the Software
accurately, and except for nominative fair use permitted by law.

You may say your product is built on the Software. You may not say or imply
that it is published, endorsed, certified, sponsored, or supported by the
Licensor unless it is.

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10. Termination and cure

If you violate these terms, your licenses end. But the first time the
Licensor notifies you in writing of a violation, your licenses are
reinstated if you come into full compliance, and take practical steps to
correct the violation, within 32 days of receiving that notice. After a
first cured violation, further violations end your licenses immediately on
notice.

If your licenses end, the rights of anyone who received the Software or a
Modified Version from you are not affected, as long as they comply
themselves.

If your Commercial Terms end, for any reason including non payment, your
license under Section 2 for Permitted Purposes continues, provided you
comply with Section 3. You must stop Commercial Use.

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11. Severability and partial exclusion

If any part of the Software cannot lawfully be licensed under these terms,
whether because a third party holds rights in it, because a copyleft
obligation governs it, or for any other reason, that part is excluded from
these terms and continues under whatever terms actually govern it. The rest
of the Software continues under these terms, unaffected.

If any provision of these terms is held invalid, illegal, or unenforceable
by a court of competent jurisdiction, that provision is severed and the
remaining provisions continue in full force, with the severed provision
replaced by a valid provision that comes as close as the law permits to the
original intent.

If a condition in Section 3 cannot be enforced against you as a matter of
law in your jurisdiction, your licenses under Section 2 end rather than
continuing without that condition.

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12. No warranty

*As far as the law allows, the Software comes as is, without warranty or
condition of any kind, express or implied, including any warranty of
merchantability, fitness for a particular purpose, title, or non
infringement. The entire risk as to the quality and performance of the
Software is with you.*

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13. Limitation of liability

*As far as the law allows, the Licensor will not be liable to you for any
damages arising out of these terms or out of the use or nature of the
Software, under any kind of legal claim, including direct, indirect,
special, incidental, and consequential damages, and including lost profits
and lost data, even if the Licensor has been advised of the possibility of
them.*

Nothing in these terms excludes or limits liability that cannot lawfully be
excluded or limited, including liability for death or personal injury caused
by negligence, or for fraud.

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14. Governing law

These terms are governed by the law of the jurisdiction named in the
Parameters table, without regard to its conflict of law rules. The courts of
that jurisdiction have exclusive jurisdiction over any dispute arising out
of these terms, except that either party may seek injunctive relief in any
court of competent jurisdiction to protect its intellectual property.

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15. Definitions

Licensor is the entity named in the Parameters table, being the entity that
holds the copyright in the Licensor authored parts of the Software or that
has been granted the rights necessary to license them under both these terms
and the Commercial Terms.

The Software is the software and other material identified in the Parameters
table that the Licensor makes available under these terms, including each
version the Licensor so makes available.

You means the individual or legal entity exercising rights under these
terms.

Your Organization means any legal entity, sole proprietorship, cooperative,
association, foundation, or other organization you work for or on behalf of,
together with every organization that controls it, is controlled by it, or
is under common control with it. Control means ownership of more than fifty
percent of the voting interests or of substantially all the assets of an
entity, or the power to direct its management and policies by vote,
contract, or otherwise, whether direct or indirect.

Permitted Purpose has the meaning given in Section 2.1.

Commercial Use means any use of the Software by or for Your Organization
that is connected to Revenue, whether or not the Software is itself sold.
Section 2.3 enumerates cases that are Commercial Use. Section 2.2 enumerates
cases that are not.

Revenue means all consideration of any kind received by Your Organization
from third parties, in cash or in kind, recognized under the accounting
standards Your Organization ordinarily applies, before deduction of costs.
It includes subscription fees, license fees, transaction fees, advertising
revenue, and payments for support or professional services. It excludes
grants and donations that are not consideration for goods or services,
capital raised by issuing shares or debt, and proceeds from the sale of
capital assets.

Convey means any act of propagating the Software that enables another party
to make or receive copies, including distributing it in source or object
form, publishing it, and shipping it inside a product or device. Merely
interacting with users over a network, without transferring a copy, is not
Conveying.

Remote Interaction means allowing a user to interact with the Software, or
with a Modified Version, over a computer network, without that user
receiving a copy. Providing the Software as a hosted or managed service is
Remote Interaction.

Modified Version means a work that is a Modified Version under Section 3.5.

Corresponding Source means all the source code needed to generate, install,
and run the version in question, and to modify it, including the source of
the work itself, interface definition files associated with it, build
scripts, configuration needed to reproduce the build, and scripts
controlling installation. It does not include the Software's own
dependencies where those are generally available under their own licenses,
standard system libraries, compilers, or general purpose tools used to
produce the build. It does not include your credentials, keys, secrets,
personal data, or user data.

Documented Public Interfaces means the application programming interfaces,
network protocols, message formats, command line interfaces, plugin
interfaces, and extension points that the Licensor documents for use by
others, in the Software's published documentation, its type definitions, or
its public package exports. An interface the Licensor marks internal,
private, unstable, or experimental is not a Documented Public Interface.

Attribution has the meaning given in Section 3.1.

Commercial Terms means the document identified in the Parameters table.

Exempt Organization means Your Organization, where Your Organization is any
of the following. The test applies to Your Organization as a whole, not to a
department, subsidiary, or project within it.

  -   (a) A cooperative. An entity registered as a cooperative, a mutual, or
      an equivalent form under the law of its jurisdiction, or whose
      governing documents bind it to all four of: membership is open and
      voluntary; members control the entity democratically, with voting
      power not allocated in proportion to capital contributed; any surplus
      is returned to members in proportion to their transactions or
      participation, retained by the entity, or applied to purposes the
      members approve, rather than distributed to outside investors in
      proportion to capital; and the entity is not controlled by an entity
      that is not itself an Exempt Organization.

  -   (b) A nonprofit organization. An entity established on a not for
      profit basis under the law of its jurisdiction, whose governing
      documents prohibit distributing profits or assets to members,
      directors, officers, or shareholders other than as reasonable
      compensation for services actually rendered, and whose assets on
      dissolution must pass to another not for profit or public purpose
      entity. Entities recognized under section 501(c)(3) of the United
      States Internal Revenue Code, entities on the register of the Charity
      Commission for England and Wales or its equivalent elsewhere, and
      entities constituted as an asociación, fundación, association loi
      1901, Verein, stichting, or equivalent, qualify where they meet this
      test.

  -   (c) An educational institution. A school, college, university, or
      other institution whose primary purpose is education or academic
      research, together with its students and faculty acting in that
      capacity.

  -   (d) A public body. A government, public authority, public health
      service, or public research institution, acting in a public capacity
      and not in competition with commercial providers of the Software.

  -   (e) A worker owned business. An entity in which the people performing
      substantially all of its work also hold substantially all of its
      voting control, whether directly or through a trust or foundation
      constituted for that purpose.

An entity does not stop being an Exempt Organization merely because it
charges for goods or services, earns Revenue, pays market salaries, holds
reserves, or receives grants or public funding. An entity is not an Exempt
Organization if it is controlled by an entity that is not one, or if its
exempt form is used principally to hold or route the economic benefit of the
Software to persons or entities that would not themselves qualify.

Exemption Policy means the document identified in the Parameters table, as
published by the Licensor from time to time.

Governing Law means the jurisdiction named in the Parameters table.

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16. How to apply these terms

See licensing/README.md for the full procedure: which Oxy works use these
terms and which use Apache-2.0, the file layout, the license identifier, the
package.json license field, the source header, and the NOTICE file.
