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2 | Non-Profit Open Software License ("Non-Profit OSL") 3.0 | ||
3 | |||
4 | This 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 | ||
7 | the following licensing notice adjacent to the copyright notice for the | ||
8 | Original Work: | ||
9 | |||
10 | Licensed under the Non-Profit Open Software License version 3.0 | ||
11 | |||
12 | 1) Grant of Copyright License. Licensor grants You a worldwide, royalty-free, | ||
13 | non-exclusive, sublicensable license, for the duration of the copyright, to do | ||
14 | the following: | ||
15 | |||
16 | a) to reproduce the Original Work in copies, either alone or as part of a | ||
17 | collective work; | ||
18 | |||
19 | b) to translate, adapt, alter, transform, modify, or arrange the Original Work, | ||
20 | thereby creating derivative works ("Derivative Works") based upon the | ||
21 | Original Work; | ||
22 | |||
23 | c) to distribute or communicate copies of the Original Work and Derivative | ||
24 | Works to the public, with the proviso that copies of Original Work or | ||
25 | Derivative Works that You distribute or communicate shall be licensed under | ||
26 | this Non-Profit Open Software License or as provided in section 17(d); | ||
27 | |||
28 | d) to perform the Original Work publicly; and | ||
29 | |||
30 | e) to display the Original Work publicly. | ||
31 | |||
32 | 2) Grant of Patent License. Licensor grants You a worldwide, royalty-free, non- | ||
33 | exclusive, sublicensable license, under patent claims owned or controlled by | ||
34 | the Licensor that are embodied in the Original Work as furnished by the | ||
35 | Licensor, for the duration of the patents, to make, use, sell, offer for sale, | ||
36 | have made, and import the Original Work and Derivative Works. | ||
37 | |||
38 | 3) Grant of Source Code License. The term "Source Code" means the | ||
39 | preferred form of the Original Work for making modifications to it and all | ||
40 | available documentation describing how to modify the Original Work. Licensor | ||
41 | agrees to provide a machine-readable copy of the Source Code of the Original | ||
42 | Work along with each copy of the Original Work that Licensor distributes. | ||
43 | Licensor reserves the right to satisfy this obligation by placing a machine- | ||
44 | readable copy of the Source Code in an information repository reasonably | ||
45 | calculated to permit inexpensive and convenient access by You for as long as | ||
46 | Licensor continues to distribute the Original Work. | ||
47 | |||
48 | 4) Exclusions From License Grant. Neither the names of Licensor, nor the names | ||
49 | of any contributors to the Original Work, nor any of their trademarks or | ||
50 | service marks, may be used to endorse or promote products derived from this | ||
51 | Original Work without express prior permission of the Licensor. Except as | ||
52 | expressly stated herein, nothing in this License grants any license to | ||
53 | Licensor's trademarks, copyrights, patents, trade secrets or any other | ||
54 | intellectual property. No patent license is granted to make, use, sell, offer | ||
55 | for sale, have made, or import embodiments of any patent claims other than the | ||
56 | licensed claims defined in Section 2. No license is granted to the trademarks | ||
57 | of Licensor even if such marks are included in the Original Work. Nothing in | ||
58 | this License shall be interpreted to prohibit Licensor from licensing under | ||
59 | terms different from this License any Original Work that Licensor otherwise | ||
60 | would have a right to license. | ||
61 | |||
62 | 5) External Deployment. The term "External Deployment" means the use, | ||
63 | distribution, or communication of the Original Work or Derivative Works in any | ||
64 | way such that the Original Work or Derivative Works may be used by anyone other | ||
65 | than You, whether those works are distributed or communicated to those persons | ||
66 | or made available as an application intended for use over a network. As an | ||
67 | express condition for the grants of license hereunder, You must treat any | ||
68 | External Deployment by You of the Original Work or a Derivative Work as a | ||
69 | distribution under section 1(c). | ||
70 | |||
71 | 6) Attribution Rights. You must retain, in the Source Code of any Derivative | ||
72 | Works that You create, all copyright, patent, or trademark notices from the | ||
73 | Source Code of the Original Work, as well as any notices of licensing and any | ||
74 | descriptive text identified therein as an "Attribution Notice." You | ||
75 | must cause the Source Code for any Derivative Works that You create to carry a | ||
76 | prominent Attribution Notice reasonably calculated to inform recipients that | ||
77 | You have modified the Original Work. | ||
78 | |||
79 | 7) Warranty of Provenance and Disclaimer of Warranty. The Original Work is | ||
80 | provided under this License on an "AS IS" BASIS and WITHOUT WARRANTY, | ||
81 | either express or implied, including, without limitation, the warranties of | ||
82 | non-infringement, merchantability or fitness for a particular purpose. THE | ||
83 | ENTIRE RISK AS TO THE QUALITY OF THE ORIGINAL WORK IS WITH YOU. This DISCLAIMER | ||
84 | OF WARRANTY constitutes an essential part of this License. No license to the | ||
85 | Original Work is granted by this License except under this disclaimer. | ||
86 | |||
87 | 8) Limitation of Liability. Under no circumstances and under no legal theory, | ||
88 | whether in tort (including negligence), contract, or otherwise, shall the | ||
89 | Licensor be liable to anyone for any direct, indirect, special, incidental, or | ||
90 | consequential damages of any character arising as a result of this License or | ||
91 | the use of the Original Work including, without limitation, damages for loss of | ||
92 | goodwill, work stoppage, computer failure or malfunction, or any and all other | ||
93 | commercial damages or losses. This limitation of liability shall not apply to | ||
94 | the extent applicable law prohibits such limitation. | ||
95 | |||
96 | 9) Acceptance and Termination. If, at any time, You expressly assented to this | ||
97 | License, that assent indicates your clear and irrevocable acceptance of this | ||
98 | License and all of its terms and conditions. If You distribute or communicate | ||
99 | copies of the Original Work or a Derivative Work, You must make a reasonable | ||
100 | effort under the circumstances to obtain the express assent of recipients to | ||
101 | the terms of this License. This License conditions your rights to undertake the | ||
102 | activities listed in Section 1, including your right to create Derivative Works | ||
103 | based upon the Original Work, and doing so without honoring these terms and | ||
104 | conditions is prohibited by copyright law and international treaty. Nothing in | ||
105 | this License is intended to affect copyright exceptions and limitations | ||
106 | (including "fair use" or "fair dealing"). This License | ||
107 | shall terminate immediately and You may no longer exercise any of the rights | ||
108 | granted to You by this License upon your failure to honor the conditions in | ||
109 | Section 1(c). | ||
110 | |||
111 | 10) Termination for Patent Action. This License shall terminate automatically | ||
112 | and You may no longer exercise any of the rights granted to You by this License | ||
113 | as of the date You commence an action, including a cross-claim or counterclaim, | ||
114 | against Licensor or any licensee alleging that the Original Work infringes a | ||
115 | patent. This termination provision shall not apply for an action alleging | ||
116 | patent infringement by combinations of the Original Work with other software or | ||
117 | hardware. | ||
118 | |||
119 | 11) Jurisdiction, Venue and Governing Law. Any action or suit relating to this | ||
120 | License may be brought only in the courts of a jurisdiction wherein the | ||
121 | Licensor resides or in which Licensor conducts its primary business, and under | ||
122 | the laws of that jurisdiction excluding its conflict-of-law provisions. The | ||
123 | application of the United Nations Convention on Contracts for the International | ||
124 | Sale of Goods is expressly excluded. Any use of the Original Work outside the | ||
125 | scope of this License or after its termination shall be subject to the | ||
126 | requirements and penalties of copyright or patent law in the appropriate | ||
127 | jurisdiction. This section shall survive the termination of this License. | ||
128 | |||
129 | 12) Attorneys' Fees. In any action to enforce the terms of this License or | ||
130 | seeking damages relating thereto, the prevailing party shall be entitled to | ||
131 | recover its costs and expenses, including, without limitation, reasonable | ||
132 | attorneys' fees and costs incurred in connection with such action, including | ||
133 | any appeal of such action. This section shall survive the termination of this | ||
134 | License. | ||
135 | |||
136 | 13) Miscellaneous. If any provision of this License is held to be | ||
137 | unenforceable, such provision shall be reformed only to the extent necessary to | ||
138 | make it enforceable. | ||
139 | |||
140 | 14) Definition of "You" in This License. "You" throughout | ||
141 | this License, whether in upper or lower case, means an individual or a legal | ||
142 | entity exercising rights under, and complying with all of the terms of, this | ||
143 | License. For legal entities, "You" includes any entity that controls, | ||
144 | is controlled by, or is under common control with you. For purposes of this | ||
145 | definition, "control" means (i) the power, direct or indirect, to | ||
146 | cause the direction or management of such entity, whether by contract or | ||
147 | otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding | ||
148 | shares, or (iii) beneficial ownership of such entity. | ||
149 | |||
150 | 15) Right to Use. You may use the Original Work in all ways not otherwise | ||
151 | restricted or conditioned by this License or by law, and Licensor promises not | ||
152 | to interfere with or be responsible for such uses by You. | ||
153 | |||
154 | 16) Modification of This License. This License is Copyright © 2005 Lawrence | ||
155 | Rosen. Permission is granted to copy, distribute, or communicate this License | ||
156 | without modification. Nothing in this License permits You to modify this | ||
157 | License as applied to the Original Work or to Derivative Works. However, You | ||
158 | may modify the text of this License and copy, distribute or communicate your | ||
159 | modified version (the "Modified License") and apply it to other | ||
160 | original works of authorship subject to the following conditions: (i) You may | ||
161 | not indicate in any way that your Modified License is the "Open Software | ||
162 | License" or "OSL" and you may not use those names in the name of | ||
163 | your Modified License; (ii) You must replace the notice specified in the first | ||
164 | paragraph above with the notice "Licensed under <insert your license name | ||
165 | here>" or with a notice of your own that is not confusingly similar to the | ||
166 | notice in this License; and (iii) You may not claim that your original works | ||
167 | are open source software unless your Modified License has been approved by Open | ||
168 | Source Initiative (OSI) and You comply with its license review and | ||
169 | certification process. | ||
170 | |||
171 | 17) Non-Profit Amendment. The name of this amended version of the Open Software | ||
172 | License ("OSL 3.0") is "Non-Profit Open Software License | ||
173 | 3.0". 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 | ||
176 | that derives no revenue whatsoever from the distribution of the Original Work | ||
177 | or Derivative Works thereof, or from support or services relating thereto. | ||
178 | |||
179 | (b) The first sentence of Section 7 ["Warranty of Provenance"] of OSL | ||
180 | 3.0 has been stricken. For Original Works licensed under this Non-Profit OSL | ||
181 | 3.0, LICENSOR OFFERS NO WARRANTIES WHATSOEVER. | ||
182 | |||
183 | (c) In the first sentence of Section 8 ["Limitation of Liability"] of | ||
184 | this Non-Profit OSL 3.0, the list of damages for which LIABILITY IS LIMITED now | ||
185 | includes "direct" damages. | ||
186 | |||
187 | (d) The proviso in Section 1(c) of this License now refers to this "Non- | ||
188 | Profit Open Software License" rather than the "Open Software | ||
189 | License". You may distribute or communicate the Original Work or | ||
190 | Derivative Works thereof under this Non-Profit OSL 3.0 license only if You make | ||
191 | the representation and declaration in paragraph (a) of this Section 17. | ||
192 | Otherwise, You shall distribute or communicate the Original Work or Derivative | ||
193 | Works thereof only under the OSL 3.0 license and You shall publish clear | ||
194 | licensing notices so stating. Also by way of clarification, this License does | ||
195 | not authorize You to distribute or communicate works under this Non-Profit OSL | ||
196 | 3.0 if You received them under the original OSL 3.0 license. | ||
197 | |||
198 | (e) Original Works licensed under this license shall reference "Non-Profit | ||
199 | OSL 3.0" in licensing notices to distinguish them from works licensed | ||
200 | under the original OSL 3.0 license. | ||
201 | |||
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203 | |||
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