NESH Freeware Licence

This licence applies to NESH from version 0.3.0. Versions up to and including 0.2.1 were released under the Apache License 2.0 with the Commons Clause, and copies of those versions keep that licence.

1. Definitions

"NESH" means the program file nesh.efi, the disk image nesh-usb.img, the example scripts, the manuals and every other file published with them by the Author.
"Author" means Nicola Fiorillo.
"You" means any person or organisation that obtains a copy of NESH.
"Commercial Offering" means anything offered for a fee or as part of a business, including: software, operating systems, firmware, hardware, pre-installed or bundled software, subscriptions, cloud or hosted services, support, training or consulting.

2. What you may do, free of charge

Use NESH for any purpose, on any number of machines, privately or at work, including as a tool while doing paid work (for example repairing a computer for a customer, or administering the machines of a company).
Copy NESH and give it to others, unchanged and free of charge, together with this licence.
Sign nesh.efi with your own Secure Boot keys, rename it (for example to BOOTX64.EFI), copy it to any storage device or EFI system partition, and create boot entries for it. These are not modifications under section 3.
Include NESH in a collection of tools (for example a rescue disk or a software repository) only if the whole collection is given away free of charge, NESH is unchanged, and this licence is included.

3. What you may not do without a written licence from the Author

Sell NESH, or charge any fee for it, for copies of it, or for access to it.
Include, bundle, pre-install, or distribute NESH as part of, or together with, a Commercial Offering, or offer a Commercial Offering whose value comes, entirely or substantially, from NESH.
Modify NESH, translate it or create derivative works of it, except as allowed in section 2.3.
Decompile, disassemble or reverse engineer NESH, except to the extent that applicable law expressly permits it notwithstanding this limitation (in the European Union, Articles 5(3) and 6 of Directive 2009/24/EC; in Italy, Articles 64-ter and 64-quater of Law no. 633 of 22 April 1941).
Remove or alter the copyright notices, this licence, or the name of the Author.
Use the name "NESH" or its logo to suggest that the Author endorses you, your product or your service.

4. Commercial licences

To do anything in section 3, for example to include NESH in a product, write to nesh@nicfio.it. The Author may grant a commercial licence or transfer the project, on terms agreed case by case. Nothing in this licence obliges the Author to do either.

5. Ownership

NESH is licensed, not sold. The Author keeps all rights not expressly granted here, including the copyright in the program and in the manuals.

6. Third-party components

Third-party components distributed with NESH keep their own licences, listed in NOTICE.md.

7. No warranty

NESH is provided "as is", without warranty of any kind, express or implied, including the warranties of merchantability, fitness for a particular purpose and non-infringement. NESH works on firmware settings, boot entries, disks and memory: you use it at your own risk, and you are responsible for keeping backups.

8. Limitation of liability

To the maximum extent permitted by applicable law, the Author is not liable for any damage arising from the use of NESH or from the inability to use it, including loss of data, machines that no longer start, and loss of business. This does not limit liability that cannot be limited by law, such as liability for wilful misconduct or gross negligence (Article 1229 of the Italian Civil Code).

9. Termination

This licence ends automatically if you break it. You must then stop using NESH and destroy your copies. Sections 5 to 10 survive the end of the licence.

10. Governing law

This licence is governed by Italian law. Any dispute belongs to the courts of Rome, Italy, except where the law gives a consumer the right to their own court.