🌁🌉🚫The Bay Area Exclusion License

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Version 1.0

The following terms govern Your Use of the Software.

0. Haiku.

The following Haiku is integral to and inseparable from this License:

    Late-day sun
    Everyone outside
    On laptops

1. Definitions.

As used in this License, the following terms have the meanings set forth below.

(a) "Affiliate" has the meaning given in 17 CFR § 240.12b-2: a Person that directly, or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with, the specified Person.
(b) "BAXL Authors" means the Persons holding the copyright in this License under § 8, or their successors and assigns.
(c) "Beer" means one (1) serving of beer:
1. (1) classified as an American India Pale Ale, Double India Pale Ale, American Pale Ale, American Barleywine, or Saison, as those styles are described in the Brewers Association Beer Style Guidelines, 2024 Edition;
2. (2) having an alcohol by volume between 4.0% and 10.0%;
3. (3) produced by a brewery whose total annual production does not exceed six million (6,000,000) U.S. barrels;
4. (4) of no less than twelve (12) U.S. fluid ounces;
5. (5) if the Beer is of a Hop-Forward Style, packaged no more than one hundred twenty (120) days prior to the date of purchase; and
6. (6) served at a temperature between thirty-eight degrees Fahrenheit (38°F) and fifty degrees Fahrenheit (50°F).
(d) "Covered Fruits" of a work means:
1. (1) any Derivative Work (as defined in 17 U.S.C. § 101) of that work;
2. (2) any compiled binary or object code produced from that work;
3. (3) any technical designs, algorithms, or data models derived from or informed by the Use of that work; and
4. (4) any other information derived from that work, excluding general skill enhancement not specific to that work's implementation.
(e) "Cumulative LSAT Score" means, for any party to an action or proceeding, the Sum of the LSAT Scores of all attorneys of record representing that party.
(f) "Distribute" means to convey, publish, make available, or otherwise enable another Person to make or receive copies, by any means.
(g) "Fernet" means one (1) pour of no less than two (2) U.S. fluid ounces (approximately 60 mL) of Fratelli Branca Distillerie S.r.l. Fernet-Branca, served over ice in a rocks glass with club soda to taste, at a licensed establishment.
(h) "Fruits" of a work means its Covered Fruits, together with any output, data, or content generated by the Use of that work or its Covered Fruits.
(i) "Haiku" means a poem of three lines in the Japanese haiku tradition. The traditional seventeen-mora Japanese form is adapted herein to three (3), five (5), and three (3) English syllables, to account for the broader phonotactics of the English syllable relative to the Japanese mora, the 5-7-5 English syllable count sometimes encountered in pedagogical settings being a simplification that does not govern this License.
(j) "Hop-Forward Style" means any beer style in which hops are a primary characterizing ingredient in aroma, flavor, or bitterness, as described in the Brewers Association Beer Style Guidelines, 2024 Edition. Styles include but are not limited to: American India Pale Ale, Imperial India Pale Ale (Double IPA), American Pale Ale, American Amber Ale, and any substyle thereof.
(k) "Licensor" means the copyright holder identified in the copyright notice accompanying the Software, or such Person's successors and assigns.
(l) "LSAT Score" means, for any attorney of record, the highest score on the Law School Admission Test (LSAT), as self-reported by such attorney by declaration under 28 U.S.C. § 1746, or 180 if no score is reported.
(m) "Person" includes corporations, companies, associations, firms, partnerships, societies, joint stock companies, and individuals, within the meaning of 1 U.S.C. § 1, and further includes, to the extent recognized as having legal personhood in any jurisdiction, any artificial intelligence system, autonomous software agent, digitally uploaded consciousness, or other non-corporeal entity.
(n) "Physical Presence" means:
1. (1) For a living natural person: the presence of that person's body within the Restricted Area.
2. (2) For a deceased natural person: any deposit, interment, scattering, or other placement of remains within the Restricted Area. Remains entering the Restricted Area after commitment to a body of water or the open environment solely by natural processes (such as ocean currents, tidal action, wind, or riverine flow) do not constitute Physical Presence.
(o) "Relationship" means any relationship between Persons, including a relationship as employee, officer, director, partner, member, advisor, consultant, agent, contractor, investor, licensor, licensee, beneficiary, Side Piece, or provider of training data.
(p) "Restricted Area" means the geographic area comprising the following nine (9) counties of the State of California: Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, Santa Clara, Solano, and Sonoma, as delineated under California law on January 1, 2026, together with an additional buffer zone extending ten (10) meters beyond such boundaries in all directions, to account for tectonic displacement.
(q) "Set Foot" in a geographic area means:
1. (1) For any natural person: to have or have had Physical Presence within that area, except as provided in § 4.
2. (2) For any Person that is not a natural person: to have or have had any Relationship with any natural person who has Set Foot in that area without maintaining compartmentalization under § 5, or to be an Affiliate of any Person who has Set Foot in that area.
(r) "Side Piece" is determined under the standard set forth in Jacobellis v. Ohio, 378 U.S. 184 (1964).
(s) "Software" means the computer program (as that term is defined in 17 U.S.C. § 101) to which this License is attached, together with all associated documentation, configuration files, build scripts, and other materials included therewith.
(t) "Sum" means the result of iteratively applying the binary operation of addition over a finite sequence of values. The identity element of Sum is 0.
(u) "Use" means to access, use, copy, modify, study, or Distribute.
(v) "You" (or "Your") means any Person exercising rights under this License.

2. Copyleft.

(a) Any Person may attach this License, unmodified, to software for which they hold the copyright.
(b) The Software and its Covered Fruits are subject to this License.
(c) Any Distribution of the Software or its Fruits must include a copy of this License.

3. Grant of Rights.

Subject to the terms of this License, the Licensor grants You a worldwide, royalty-free, non-exclusive license to Use the Software and Covered Fruits, provided that:

(a) You have not Set Foot in the Restricted Area;
(b) Your use complies with the compartmentalization requirements of § 5; and
(c) any Distribution by You complies with the Copyleft requirements of § 2.

If any of the foregoing conditions cease to be met, this License terminates. On any termination or voiding of this License, You must immediately destroy the Software and all Fruits thereof in Your possession or control and take reasonable steps to cause the destruction of any copies of the Software or Fruits thereof held by any Person who has Set Foot in the Restricted Area.

4. Exceptions.

A given period of Your Physical Presence within the Restricted Area does not constitute Setting Foot if:

(a) Your presence was at all times within the sterile area (as defined in 49 CFR § 1540.5) of San Francisco International Airport, Oakland San Francisco Bay Airport, or San Jose Mineta International Airport; or
(b) Your presence was solely the result of force, coercion, or medical emergency, and You departed the Restricted Area at the earliest reasonable opportunity after such force, coercion, or emergency ceased; or
(c) You were born within the Restricted Area and, prior to any Use of the Software or its Fruits, depart for the first time, vowing never to return; or
(d) the Licensor, in their sole and absolute discretion, deems You "one of the good ones" upon provision of one (1) Beer, or one (1) Fernet, if that is easier for You, as in Your situation it likely is.

5. Compartmentalization.

(a) Any Person exercising rights under this License must ensure that the Software and its Fruits are not Used by or for the benefit of (within the meaning of 31 CFR Part 594) any Person who has Set Foot in the Restricted Area.
(b) Transacting with such Persons does not itself constitute Setting Foot if the transaction is unrelated to the Software or its Fruits, and administrative, technical, and physical safeguards are maintained sufficient to prevent any such Person from accessing or benefiting from the Software or its Fruits.

6. Anti-Severability.

(a) The provisions of this License are not severable. If any provision of this License, or the application of any provision to any Person or circumstance, is held by any court of competent jurisdiction to be invalid, unenforceable, unconscionable, or voidable for any reason, then this License is void ab initio for any Person who brought or benefited from such determination.
(b) By written notice published alongside the Software, the Licensor may, in their sole and absolute discretion, waive the application of this section with respect to any particular judicial determination. This power is exercisable solely by the Licensor and may not be exercised by any court, arbitrator, or other third party.

7. Attorney Fees and Remedies.

(a) To the extent permitted by applicable law, in any action or proceeding to enforce this License, if one party has a higher Cumulative LSAT Score, that party shall bear all reasonable attorney's fees, costs, and expenses of both parties.
(b) The Licensor's remedies for violation of this License include, without limitation, injunctive relief, actual damages, statutory damages under 17 U.S.C. § 504, and any other remedies available at law or in equity.
(c) In the event of willful copyright infringement by a Person who has Set Foot in the Restricted Area, the Licensor (or the BAXL Authors, cf. § 8) may seek enhanced statutory damages under 17 U.S.C. § 504(c)(2).

8. Copyright in License Text.

(a) You may reproduce this License solely as necessary to comply with § 2.
(b) This License is an original creative work reflecting the BAXL Authors' considered views on geography, haiku, plate tectonics, and beer.
(c) The BAXL Authors may enforce their copyright in this License against any Person, independently of the Licensor.

9. Disclaimer of Warranty and Limitation of Liability.

(a) THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE LICENSOR BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
(b) Notwithstanding § 6, if this section is held invalid or unenforceable in any jurisdiction, the remainder of this License continues in full force and effect, and this section shall be modified to the minimum extent necessary to render it enforceable under applicable law.

10. No Waiver.

No failure or delay by the Licensor in exercising any right or remedy under this License operates as a waiver thereof. The rights and remedies herein are cumulative and not exclusive of any rights or remedies at law.

11. Governing Law.

(a) This License shall be governed by and construed in accordance with the laws of the State of Delaware or its successors, without regard to its conflict of laws principles.
(b) This License shall not be construed under any law enacted after its publication that would render any provision hereof invalid or unenforceable.