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1
2he Open Software License
3v. 1.0
4
5This Open Software License (the "License") applies to any original
6work of authorship (the "Original Work") whose owner (the "Licensor")
7has placed the following notice immediately following the copyright
8notice for the Original Work: "Licensed under the Open Software
9License version 1.0"
10
11License Terms
12
131) Grant of Copyright License. Licensor hereby grants You a
14world-wide, royalty-free, non-exclusive, perpetual, non-sublicenseable
15license to do the following:
16
17a) to reproduce the Original Work in copies;
18
19b) to prepare derivative works ("Derivative Works") based upon the
20Original Work;
21
22c) to distribute copies of the Original Work and Derivative Works
23to the public, with the proviso that copies of Original Work or
24Derivative Works that You distribute shall be licensed under the
25Open Software License;
26
27d) to perform the Original Work publicly; and
28
29e) to display the Original Work publicly.
30
312) Grant of Patent License. Licensor hereby grants You a world-wide,
32royalty-free, non-exclusive, perpetual, non-sublicenseable license,
33under patent claims owned or controlled by the Licensor that are
34embodied in the Original Work as furnished by the Licensor ("Licensed
35Claims") to make, use, sell and offer for sale the Original Work.
36Licensor hereby grants You a world-wide, royalty-free, non-exclusive,
37perpetual, non-sublicenseable license under the Licensed Claims to
38make, use, sell and offer for sale Derivative Works.
39
403) Grant of Source Code License. The term "Source Code" means the
41preferred form of the Original Work for making modifications to it and
42all available documentation describing how to access and modify the
43Original Work. Licensor hereby agrees to provide a machine-readable
44copy of the Source Code of the Original Work along with each copy of
45the Original Work that Licensor distributes. Licensor reserves the
46right to satisfy this obligation by placing a machine-readable copy of
47the Source Code in an information repository reasonably calculated to
48permit inexpensive and convenient access by You for as long as
49Licensor continues to distribute the Original Work, and by publishing
50the address of that information repository in a notice immediately
51following the copyright notice that applies to the Original Work.
52
534) Exclusions From License Grant. Nothing in this License shall be
54deemed to grant any rights to trademarks, copyrights, patents, trade
55secrets or any other intellectual property of Licensor except as
56expressly stated herein. No patent license is granted to make, use,
57sell or offer to sell embodiments of any patent claims other than the
58Licensed Claims defined in Section 2. No right is granted to the
59trademarks of Licensor even if such marks are included in the Original
60Work. Nothing in this License shall be interpreted to prohibit
61Licensor from licensing under different terms from this License any
62Original Work that Licensor otherwise would have a right to license.
63
645) External Deployment. The term "External Deployment" means the use
65or distribution of the Original Work or Derivative Works in any way
66such that the Original Work or Derivative Works may be accessed or
67used by anyone other than You, whether the Original Work or Derivative
68Works are distributed to those persons, made available as an
69application intended for use over a computer network, or used to
70provide services or otherwise deliver content to anyone other than
71You. As an express condition for the grants of license hereunder, You
72agree that any External Deployment by You shall be deemed a
73distribution and shall be licensed to all under the terms of this
74License, as prescribed in section 1(c) herein.
75
766) Warranty and Disclaimer of Warranty. LICENSOR WARRANTS THAT THE
77COPYRIGHT IN AND TO THE ORIGINAL WORK IS OWNED BY THE LICENSOR OR THAT
78THE ORIGINAL WORK IS DISTRIBUTED BY LICENSOR UNDER A VALID CURRENT
79LICENSE FROM THE COPYRIGHT OWNER. EXCEPT AS EXPRESSLY STATED IN THE
80IMMEDIATELY PRECEEDING SENTENCE, THE ORIGINAL WORK IS PROVIDED UNDER
81THIS LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY, EITHER EXPRESS OR
82IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTY OF
83NON-INFRINGEMENT AND WARRANTIES THAT THE ORIGINAL WORK IS MERCHANTABLE
84OR FIT FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY OF
85THE ORIGINAL WORK IS WITH YOU. THIS DISCLAIMER OF WARRANTY CONSTITUTES
86AN ESSENTIAL PART OF THIS LICENSE. NO LICENSE TO ORIGINAL WORK IS
87GRANTED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
88
897) Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL
90THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE,
91SHALL THE LICENSOR BE LIABLE TO ANY PERSON FOR ANY DIRECT, INDIRECT,
92SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING
93AS A RESULT OF THIS LICENSE OR THE USE OF THE ORIGINAL WORK INCLUDING,
94WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE,
95COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL
96DAMAGES OR LOSSES, EVEN IF SUCH PERSON SHALL HAVE BEEN INFORMED OF THE
97POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT
98APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH
99PARTY`S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH
100LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
101LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION
102AND LIMITATION MAY NOT APPLY TO YOU.
103
1048) Acceptance and Termination. Nothing else but this License (or
105another written agreement between Licensor and You) grants You
106permission to create Derivative Works based upon the Original Work,
107and any attempt to do so except under the terms of this License (or
108another written agreement between Licensor and You) is expressly
109prohibited by U.S. copyright law, the equivalent laws of other
110countries, and by international treaty. Therefore, by exercising any
111of the rights granted to You in Sections 1 and 2 herein, You indicate
112Your acceptance of this License and all of its terms and conditions.
113This license shall terminate immediately and you may no longer
114exercise any of the rights granted to You by this License upon Your
115failure to honor the proviso in Section 1(c) herein.
116
1179) Mutual Termination for Patent Action. This License shall terminate
118automatically and You may no longer exercise any of the rights granted
119to You by this License if You file a lawsuit in any court alleging
120that any OSI Certified open source software that is licensed under any
121license containing this "Mutual Termination for Patent Action" clause
122infringes any patent claims that are essential to use that software.
123
12410) Jurisdiction, Venue and Governing Law. You agree that any lawsuit
125arising under or relating to this License shall be maintained in the
126courts of the jurisdiction wherein the Licensor resides or in which
127Licensor conducts its primary business, and under the laws of that
128jurisdiction excluding its conflict-of-law provisions. The application
129of the United Nations Convention on Contracts for the International
130Sale of Goods is expressly excluded. Any use of the Original Work
131outside the scope of this License or after its termination shall be
132subject to the requirements and penalties of the U.S. Copyright Act,
13317 U.S.C. § 101 et seq., the equivalent laws of other countries, and
134international treaty. This section shall survive the termination of
135this License.
136
13711) Attorneys Fees. In any action to enforce the terms of this License
138or seeking damages relating thereto, the prevailing party shall be
139entitled to recover its costs and expenses, including, without
140limitation, reasonable attorneys` fees and costs incurred in
141connection with such action, including any appeal of such action. This
142section shall survive the termination of this License.
143
14412) Miscellaneous. This License represents the complete agreement
145concerning the subject matter hereof. If any provision of this License
146is held to be unenforceable, such provision shall be reformed only to
147the extent necessary to make it enforceable.
148
14913) Definition of "You" in This License. "You" throughout this
150License, whether in upper or lower case, means an individual or a
151legal entity exercising rights under, and complying with all of the
152terms of, this License. For legal entities, "You" includes any entity
153that controls, is controlled by, or is under common control with you.
154For purposes of this definition, "control" means (i) the power, direct
155or indirect, to cause the direction or management of such entity,
156whether by contract or otherwise, or (ii) ownership of fifty percent
157(50%) or more of the outstanding shares, or (iii) beneficial ownership
158of such entity.
159
160This license is Copyright (C) 2002 Lawrence E. Rosen. All rights
161reserved. Permission is hereby granted to copy and distribute this
162license without modification. This license may not be modified without
163the express written permission of its copyright owner.
164