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1
2Non-Profit Open Software License ("Non-Profit OSL") 3.0
3
4This Non-Profit Open Software License ("Non-Profit OSL") version 3.0
5(the "License") applies to any original work of authorship (the
6"Original Work") whose owner (the "Licensor") has placed
7the following licensing notice adjacent to the copyright notice for the
8Original Work:
9
10Licensed under the Non-Profit Open Software License version 3.0
11
121) Grant of Copyright License. Licensor grants You a worldwide, royalty-free,
13non-exclusive, sublicensable license, for the duration of the copyright, to do
14the following:
15
16a) to reproduce the Original Work in copies, either alone or as part of a
17collective work;
18
19b) to translate, adapt, alter, transform, modify, or arrange the Original Work,
20thereby creating derivative works ("Derivative Works") based upon the
21Original Work;
22
23c) to distribute or communicate copies of the Original Work and Derivative
24Works to the public, with the proviso that copies of Original Work or
25Derivative Works that You distribute or communicate shall be licensed under
26this Non-Profit Open Software License or as provided in section 17(d);
27
28d) to perform the Original Work publicly; and
29
30e) to display the Original Work publicly.
31
322) Grant of Patent License. Licensor grants You a worldwide, royalty-free, non-
33exclusive, sublicensable license, under patent claims owned or controlled by
34the Licensor that are embodied in the Original Work as furnished by the
35Licensor, for the duration of the patents, to make, use, sell, offer for sale,
36have made, and import the Original Work and Derivative Works.
37
383) Grant of Source Code License. The term "Source Code" means the
39preferred form of the Original Work for making modifications to it and all
40available documentation describing how to modify the Original Work. Licensor
41agrees to provide a machine-readable copy of the Source Code of the Original
42Work along with each copy of the Original Work that Licensor distributes.
43Licensor reserves the right to satisfy this obligation by placing a machine-
44readable copy of the Source Code in an information repository reasonably
45calculated to permit inexpensive and convenient access by You for as long as
46Licensor continues to distribute the Original Work.
47
484) Exclusions From License Grant. Neither the names of Licensor, nor the names
49of any contributors to the Original Work, nor any of their trademarks or
50service marks, may be used to endorse or promote products derived from this
51Original Work without express prior permission of the Licensor. Except as
52expressly stated herein, nothing in this License grants any license to
53Licensor's trademarks, copyrights, patents, trade secrets or any other
54intellectual property. No patent license is granted to make, use, sell, offer
55for sale, have made, or import embodiments of any patent claims other than the
56licensed claims defined in Section 2. No license is granted to the trademarks
57of Licensor even if such marks are included in the Original Work. Nothing in
58this License shall be interpreted to prohibit Licensor from licensing under
59terms different from this License any Original Work that Licensor otherwise
60would have a right to license.
61
625) External Deployment. The term "External Deployment" means the use,
63distribution, or communication of the Original Work or Derivative Works in any
64way such that the Original Work or Derivative Works may be used by anyone other
65than You, whether those works are distributed or communicated to those persons
66or made available as an application intended for use over a network. As an
67express condition for the grants of license hereunder, You must treat any
68External Deployment by You of the Original Work or a Derivative Work as a
69distribution under section 1(c).
70
716) Attribution Rights. You must retain, in the Source Code of any Derivative
72Works that You create, all copyright, patent, or trademark notices from the
73Source Code of the Original Work, as well as any notices of licensing and any
74descriptive text identified therein as an "Attribution Notice." You
75must cause the Source Code for any Derivative Works that You create to carry a
76prominent Attribution Notice reasonably calculated to inform recipients that
77You have modified the Original Work.
78
797) Warranty of Provenance and Disclaimer of Warranty. The Original Work is
80provided under this License on an "AS IS" BASIS and WITHOUT WARRANTY,
81either express or implied, including, without limitation, the warranties of
82non-infringement, merchantability or fitness for a particular purpose. THE
83ENTIRE RISK AS TO THE QUALITY OF THE ORIGINAL WORK IS WITH YOU. This DISCLAIMER
84OF WARRANTY constitutes an essential part of this License. No license to the
85Original Work is granted by this License except under this disclaimer.
86
878) Limitation of Liability. Under no circumstances and under no legal theory,
88whether in tort (including negligence), contract, or otherwise, shall the
89Licensor be liable to anyone for any direct, indirect, special, incidental, or
90consequential damages of any character arising as a result of this License or
91the use of the Original Work including, without limitation, damages for loss of
92goodwill, work stoppage, computer failure or malfunction, or any and all other
93commercial damages or losses. This limitation of liability shall not apply to
94the extent applicable law prohibits such limitation.
95
969) Acceptance and Termination. If, at any time, You expressly assented to this
97License, that assent indicates your clear and irrevocable acceptance of this
98License and all of its terms and conditions. If You distribute or communicate
99copies of the Original Work or a Derivative Work, You must make a reasonable
100effort under the circumstances to obtain the express assent of recipients to
101the terms of this License. This License conditions your rights to undertake the
102activities listed in Section 1, including your right to create Derivative Works
103based upon the Original Work, and doing so without honoring these terms and
104conditions is prohibited by copyright law and international treaty. Nothing in
105this License is intended to affect copyright exceptions and limitations
106(including "fair use" or "fair dealing"). This License
107shall terminate immediately and You may no longer exercise any of the rights
108granted to You by this License upon your failure to honor the conditions in
109Section 1(c).
110
11110) Termination for Patent Action. This License shall terminate automatically
112and You may no longer exercise any of the rights granted to You by this License
113as of the date You commence an action, including a cross-claim or counterclaim,
114against Licensor or any licensee alleging that the Original Work infringes a
115patent. This termination provision shall not apply for an action alleging
116patent infringement by combinations of the Original Work with other software or
117hardware.
118
11911) Jurisdiction, Venue and Governing Law. Any action or suit relating to this
120License may be brought only in the courts of a jurisdiction wherein the
121Licensor resides or in which Licensor conducts its primary business, and under
122the laws of that jurisdiction excluding its conflict-of-law provisions. The
123application of the United Nations Convention on Contracts for the International
124Sale of Goods is expressly excluded. Any use of the Original Work outside the
125scope of this License or after its termination shall be subject to the
126requirements and penalties of copyright or patent law in the appropriate
127jurisdiction. This section shall survive the termination of this License.
128
12912) Attorneys' Fees. In any action to enforce the terms of this License or
130seeking damages relating thereto, the prevailing party shall be entitled to
131recover its costs and expenses, including, without limitation, reasonable
132attorneys' fees and costs incurred in connection with such action, including
133any appeal of such action. This section shall survive the termination of this
134License.
135
13613) Miscellaneous. If any provision of this License is held to be
137unenforceable, such provision shall be reformed only to the extent necessary to
138make it enforceable.
139
14014) Definition of "You" in This License. "You" throughout
141this License, whether in upper or lower case, means an individual or a legal
142entity exercising rights under, and complying with all of the terms of, this
143License. For legal entities, "You" includes any entity that controls,
144is controlled by, or is under common control with you. For purposes of this
145definition, "control" means (i) the power, direct or indirect, to
146cause the direction or management of such entity, whether by contract or
147otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding
148shares, or (iii) beneficial ownership of such entity.
149
15015) Right to Use. You may use the Original Work in all ways not otherwise
151restricted or conditioned by this License or by law, and Licensor promises not
152to interfere with or be responsible for such uses by You.
153
15416) Modification of This License. This License is Copyright © 2005 Lawrence
155Rosen. Permission is granted to copy, distribute, or communicate this License
156without modification. Nothing in this License permits You to modify this
157License as applied to the Original Work or to Derivative Works. However, You
158may modify the text of this License and copy, distribute or communicate your
159modified version (the "Modified License") and apply it to other
160original works of authorship subject to the following conditions: (i) You may
161not indicate in any way that your Modified License is the "Open Software
162License" or "OSL" and you may not use those names in the name of
163your Modified License; (ii) You must replace the notice specified in the first
164paragraph above with the notice "Licensed under <insert your license name
165here>" or with a notice of your own that is not confusingly similar to the
166notice in this License; and (iii) You may not claim that your original works
167are open source software unless your Modified License has been approved by Open
168Source Initiative (OSI) and You comply with its license review and
169certification process.
170
17117) Non-Profit Amendment. The name of this amended version of the Open Software
172License ("OSL 3.0") is "Non-Profit Open Software License
1733.0". The original OSL 3.0 license has been amended as follows:
174
175(a) Licensor represents and declares that it is a not-for-profit organization
176that derives no revenue whatsoever from the distribution of the Original Work
177or Derivative Works thereof, or from support or services relating thereto.
178
179(b) The first sentence of Section 7 ["Warranty of Provenance"] of OSL
1803.0 has been stricken. For Original Works licensed under this Non-Profit OSL
1813.0, LICENSOR OFFERS NO WARRANTIES WHATSOEVER.
182
183(c) In the first sentence of Section 8 ["Limitation of Liability"] of
184this Non-Profit OSL 3.0, the list of damages for which LIABILITY IS LIMITED now
185includes "direct" damages.
186
187(d) The proviso in Section 1(c) of this License now refers to this "Non-
188Profit Open Software License" rather than the "Open Software
189License". You may distribute or communicate the Original Work or
190Derivative Works thereof under this Non-Profit OSL 3.0 license only if You make
191the representation and declaration in paragraph (a) of this Section 17.
192Otherwise, You shall distribute or communicate the Original Work or Derivative
193Works thereof only under the OSL 3.0 license and You shall publish clear
194licensing notices so stating. Also by way of clarification, this License does
195not authorize You to distribute or communicate works under this Non-Profit OSL
1963.0 if You received them under the original OSL 3.0 license.
197
198(e) Original Works licensed under this license shall reference "Non-Profit
199OSL 3.0" in licensing notices to distinguish them from works licensed
200under the original OSL 3.0 license.
201
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