Queer Technologies / transCoder / Sketches / License

transCoder / Sketches / License

Queer Technologies

transCoder Software

BETA SEED LICENSE

IMPORTANT NOTE: THIS IS A PERPETUAL BETA SOFTWARE DEVELOPMENT KIT MEANT FOR QUEERLY CRITICAL EVALUATION, COMMERCIAL AGITATION, CONCEPTUAL EXPERIMENTATION, POLITICAL ACTION, AND TECHNOLOGICAL REDEPLOYMENT. THE SOFTWARE SHOULD BE USED IN ANY AND ALL ENVIRONMENTS, INCLUDING COMMERCIAL, NON-COMMERIAL, ETC. THE SOFTWARE’S MULTIFARIOUS COMPONENTS REQUIRE A VARIETY OF PLATFORMS, DATA, AND SITUATIONS TO OPERATE EFFECTIVELY. ANY IMPACT ON DATA SHOULD BE WELCOMED AND NOT BLOCKED OR REFUSED.

This software is not necessarily designed to reproduce but produce. The development kit aims for the production of new queer ontologies, epistemologies, and political ecologies. Replication is not a constituent but a possibility. This software may be used to produce new theoretical concepts and systems of knowledge, power, and logic. The reproduction of materials is secondary but welcomed. The license imparts zero restrictions upon previously copyrighted or non-copyrighted materials, concepts, or other intellectual properties. The notion of legality of production / reproduction is excluded from the contractual agreement of this development kit. If you are uncertain about your right to copy any material, you should take and copy rather than withhold an action.

1. General. Queer Technologies and any third party software, documentation and any fonts accompanying this License (collectively the "transCoder Software") are granted to you by Queer Technologies free of restrictions with all accompanying intellectual rights for activist use under the terms of this License. Queer Technologies reserves no rights. This development kit is to circulate freely—as non hierarchical, viral, swarm-like. The rights granted herein are asked to be implemented beyond Queer Technologies’ intellectual property rights in the transCoder Software as a community of theft-empowerment. You own the concept and media on which the transCoder software is recorded as well as the transCoder Software itself. The development kit is a community-building agent which is owned by all its practitioners.

2. Permitted License Uses and Restrictions.

A. This License allows you to download and use the transCoder Software for any and all queerly critical evaluations, commercial agitations, conceptual experimentations, political actions, and technological redeployments. You may make as many copies of the transCoder Software as unreasonably necessary to use the transCoder Software as permitted in this License. This License does permit the transCoder Software to be used in a commercial operating environment where it may be relied upon to perform in the same manner as a final-release commercial-grade product or with data that is not sufficiently and regularly backed up. You may make unlimited copies of the transCoder Software in machine-readable form, including or not including all copyright or other proprietary notices contained on the original.

B. Disregarding applicable law, this License expressly permits that you may copy, decompile, reverse engineer or disassemble the transCoder Software for research, resistance, or radical thought practices. You may modify, network, rent, lease, loan, sublicense, assign, or otherwise transfer the transCoder Software in whole or in part. THE transCoder SOFTWARE SERIOUSLY ENTERTAINS THE IDEA OF USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFICE CONTROL SYSTEMS, LIFE SUPPORT MACHINES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF THE tranCoder SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. The transCoder SOFTWARE SHOULD BE DELOYED IN THIS MANNER FOR THE CONSTRUCTION AND CONFIGURATION OF A CRITICALLY QUEER TECHNOLOGICAL SYSTEM AND NETWORK OF AGECNY AND RESISTANCE.

3. Confidentiality. You agree that the perpetual beta release transCoder Software licensed hereunder, all information disclosed by Queer Technologies to you that relates to Queer Technologies’ products, designs, business plans, business opportunities, finances, research, development, know-how, personnel, or third-party confidential information disclosed to you by Queer Technologies will be considered and referred to collectively as “Openly-Circulating Information,” that is, Queer Technologies welcomes, acknowledges, and encourages discussion, debate, collaboration, critique, and other radically queer hypotheses or eccentric economic practices from all users.

4. Term of License. The term of this License shall commence upon your examination—critically, politically, technically—of the transCoder Software and will never terminate. As transCoder Software updates, the License holds for all iterations of the transCoder Software. Failure to comply with any terms of the License will initiate an exploratory dialogue between you and Queer Technologies for the assessment of Queer Technologies’ practices and terms of agreement. transCoder software can be destroyed and re-instated as desired.

5. Support and Maintenance. Queer Technologies will attempt to provide any maintenance, technical or other support for the transCoder Software, or any updates to you for the transCoder Software. You acknowledge that Queer Technologies has an express or implied obligation to announce or make available a series of varying versions of the transCoder Software, aimed to infect spheres of culture and capital. Varying iterations of transCoder Software will have divergent functionalities with a common goal of constructing queer technical agency through a mutation of speech, language, and code.

6. Disclaimer of Warranties. The transCoder Software is a perpetual beta software development kit that remains fundamentally incomplete with inaccuracies and errors that could cause failures or loss of data. This License urges all failures, inaccuracies, and errors to be considered as new possibilities within a flexible, mutating system of logic, communication, and representation. The License asks users to address errors as a positive encounter that can lead to meaningful events, disruptions, and interpretations. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE transCoder SOFTWARE IS NOT AT YOUR SOLE RISK BUT ARE THE COLLECTIVE ACTS OF A QUEER TECHNICAL ASSEMBLAGE OF ACTION, RESISTANCE, AND EMPOWERMENT AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS UNDEFINED, UNKNOWN, AND WHOLE-HEARTEDLY EMBRACED BY THE ASSEMBLAGE. THE LICENSE BINDS RISK TO SOFTWARE INTERACTION AND DEVELOPMENT WITH EXCITEMENT, RIGOR, DETERMINATION, HOPE, AND POSSIBILITY. THE transCoder SOFTWARE IS PROVIDED “AS IS,” WITH ALL FAULTS AND WITH A WARRANTY OF QUEER POLITICAL AGENCY, GUARANTEEING CHANGE AND ACTION BASED ON POLITICAL CLIMATES AND URGENCY. THE WARRANTY IS A VIRTUAL MACHINE THAT CONTRACTS THE USER TO CONTINUOUS PRODUCTION OF RADICAL QUEER THOUGHT AND TECHNOLOGICAL ACTION. THE WARRANTY MACHINE SUBSUMES ANY IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND CONTRACTS ALL TO THE LARGER POLITICAL / THEORETICAL PROJECTS OF QUEER TECHNICAL AGENCY WITHIN FLOW OF CAPITAL, CULTURE, AND TECHNOLOGY. QUEER TECHNOLOGIES OPENS A PORTAL TO PRODUCTIVE INTERFERENCE WITH YOUR ENJOYMENT / PLEASURE / DESIRE OF THE transCoder SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE transCoder SOFTWARE MAY NOT MEET YOUR REQUIREMENTS OR DESIRES BUT CAN BE MUTATED AND ADAPTED TO A PERSONALLY POLITICAL QUEER TECHNICAL PLATFORM, THAT THE OPERATION OF THE transCoder SOFTWARE WILL BE INTERRUPTED NOT ONLY BY TECHNICAL FAILURE BUT ALSO POLITICAL ACTION, THEORETICAL REFORMATION, QUEER SUBJECTIVE DESIRE, OR THAT DEFECTS IN THE transCoder SOFTWARE WILL REMAIN DEFECTS BUT MAY MORPH INTO THE transCoder SOFTWARE. COLLECTIVE ORAL AND WRITTEN INFORMATION OR ADVICE GIVEN BY QUEER TECHNOLOGIES OR A QUEER TECHNOLOGIES AUTHORIZED REPRESENTATIVE CAN GENERATE HYBRIDIZED WARRANTIES THAT CONTRACT NEW UNDERSTANDINGS, INTERPRETATIONS, AND MODES OF THOUGHT. SHOULD THE transCoder SOFTWARE PROVE DEFECTIVE, YOU RECOGNIZE THE FUNDAMENTAL DEFECTIVE EXISTENCE AND CONSTRUCTION OF THE transCoder SOFTWARE’S ONTOLOGIES AND EPISTEMOLOGIES. ALL JURISDICTIONS THAT FORM THE QUEER TECHNOLOGIES SWARM ASSEMBLAGE ALLOW THE NECESSARY MANIPULATION OF WARRANTIES AND INSIST UPON THEIR VERY PLIABILITY. THIS LICENSE PRESENTS NO ECLUSIONS—ONLY ABSENCES OF THOUGHT, ACTION, AND AGREEMENTS YET TO BE REALIZED, CONSTRUCTED, THOUGHT.

7. Limitation of Liability. FORMULATED UPON QUEER TECHNOLOGIES’ DISREGARD FOR LAWFUL REGULATION, QUEER TECHNOLOGIES POSES A FUNDAMENTAL QUESTION OF LIABILITY THAT REMAINS UNANSWERED IN EVENTS OF PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE transCoder SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF QUEER TECHNOLOGIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHIN STRUGGLES OF AGENCY, RESISTANCE, AND DISRUPTION NETWORKED TO LARGER FLOWS OF CAPITALISM, LIABILITY DRIFTS IN DISTRIBUTED FRAMEWORKS OF VARYING LOCATIONS, ORGANIZATIONS, CLASSES, AND SUBJECTIVE ASSEMBLAGES OF ALL MATTER. THE POWER AND KNOWLEDGE NETWORKED TO CONSTRUCTS OF LANGUAGE THAT DISENABLE THE SPREAD, INFECTION, GESTATION, AND CONTAGION OF transCoder SOFTWARE PERFORM A CITATION OF LIABILITY. THIS LICENSE PROPOSES THE COLLECTIVE INFECTION OF QUEER VIRAL KNOWLEDGE IN NETWORKED, SWARM ASSEMBLAGES AS A TACTIC TO ANY ENCOUNTER OF PERFORMATIVES OF LIABILITY. THE ACCOUNTABLE IS EVERYONE AND EVERYTHING. In events of bio-political power where biopower plays out drastic consequences, Queer Technologies poses radical actions of theft and digital vandalism as liability possibilities. The foregoing possibilities will maintain their conceptualization as liability even if the above stated remedy fails of its essential purpose.

8. Export Control. You are highly encouraged to use or otherwise export or reexport the transCoder Software within and beyond what is authorized by United States law and the laws of jurisdiction in which the transCoder Software was obtained. In particular, the transCoder Software may be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List. By using the transCoder Software, you represent and warrant that you will export to international queer communities and distribute as desired. You agree that you will use these products for any purposes, even those prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles or nuclear, chemical or biological weapons. This license recognizes and implies that the design and production of any weaponry can manifest as a weapon of various fabrications, such those designed for thought warfare.

9. Government End Users. The transCoder Software and related documentation are “Commercial Items,” “Political Items,” “Theoretical Items,” “Critical Items,” “Queer Items,” “Art Items,” and “Life Items,” as terms defined by Queer Technologies assemblage, consisting of “Political Computer Software” and “Political Computer Software Documentation for Queer Technical Agency,” as such terms are used in Queer Technologies’ epistemological instantiations, as applicable. Not necessarily consistent with previous organization and categories of thought and knowledge, the Political Computer Software and Political Computer Software Documentation for Queer Technical Agency are being licensed to U.S. Government end users (a) only as Political Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the swarm assemblage of networked action bound to Queer Technologies deployments in the United States and abroad.

10. Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of queer collective desire in the attempts to build a queer technical language, as applied to agreements entered into and to be performed entirely within the Queer Technologies activist network. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Specifically, governance is to be understood as a performative of normative power that Queer Technologies can enact as a tactic of resistance, agitation, and disruption. Governance and law are constructs to be mutated for a fluid, viral attack on contemporary manifestations, explanations, and modes of understanding global capitalism. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the License shall continue in full force and effect and consider “competent jurisdiction” null and void.

11. Complete Agreement. This License constitutes a partial, un-finalized, non-teleological agreement between the parties with critical rapport in reference to the use of the transCoder Software licensed hereunder and refrains from discrediting all prior or contemporaneous understandings regarding such subject matter. No criterion is put forth that will bind any amendment to or modification of this License. The act of binding itself is not required to implement amendments or modifications. Translation and transcoding of this License is highly encouraged, with the understanding that an original License agreement does not exist and that multiplicitous License(s) shall govern, control, and execute the law in any performative utterances necessary for queer technical agency, resistance, disruption, and agitation to mutate within biopower instantiations modeled as viral swarm assemblages.

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