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1 | |||
2 | he Open Software License | ||
3 | v. 1.0 | ||
4 | |||
5 | This Open Software License (the "License") applies to any original | ||
6 | work of authorship (the "Original Work") whose owner (the "Licensor") | ||
7 | has placed the following notice immediately following the copyright | ||
8 | notice for the Original Work: "Licensed under the Open Software | ||
9 | License version 1.0" | ||
10 | |||
11 | License Terms | ||
12 | |||
13 | 1) Grant of Copyright License. Licensor hereby grants You a | ||
14 | world-wide, royalty-free, non-exclusive, perpetual, non-sublicenseable | ||
15 | license to do the following: | ||
16 | |||
17 | a) to reproduce the Original Work in copies; | ||
18 | |||
19 | b) to prepare derivative works ("Derivative Works") based upon the | ||
20 | Original Work; | ||
21 | |||
22 | c) to distribute copies of the Original Work and Derivative Works | ||
23 | to the public, with the proviso that copies of Original Work or | ||
24 | Derivative Works that You distribute shall be licensed under the | ||
25 | Open Software License; | ||
26 | |||
27 | d) to perform the Original Work publicly; and | ||
28 | |||
29 | e) to display the Original Work publicly. | ||
30 | |||
31 | 2) Grant of Patent License. Licensor hereby grants You a world-wide, | ||
32 | royalty-free, non-exclusive, perpetual, non-sublicenseable license, | ||
33 | under patent claims owned or controlled by the Licensor that are | ||
34 | embodied in the Original Work as furnished by the Licensor ("Licensed | ||
35 | Claims") to make, use, sell and offer for sale the Original Work. | ||
36 | Licensor hereby grants You a world-wide, royalty-free, non-exclusive, | ||
37 | perpetual, non-sublicenseable license under the Licensed Claims to | ||
38 | make, use, sell and offer for sale Derivative Works. | ||
39 | |||
40 | 3) Grant of Source Code License. The term "Source Code" means the | ||
41 | preferred form of the Original Work for making modifications to it and | ||
42 | all available documentation describing how to access and modify the | ||
43 | Original Work. Licensor hereby agrees to provide a machine-readable | ||
44 | copy of the Source Code of the Original Work along with each copy of | ||
45 | the Original Work that Licensor distributes. Licensor reserves the | ||
46 | right to satisfy this obligation by placing a machine-readable copy of | ||
47 | the Source Code in an information repository reasonably calculated to | ||
48 | permit inexpensive and convenient access by You for as long as | ||
49 | Licensor continues to distribute the Original Work, and by publishing | ||
50 | the address of that information repository in a notice immediately | ||
51 | following the copyright notice that applies to the Original Work. | ||
52 | |||
53 | 4) Exclusions From License Grant. Nothing in this License shall be | ||
54 | deemed to grant any rights to trademarks, copyrights, patents, trade | ||
55 | secrets or any other intellectual property of Licensor except as | ||
56 | expressly stated herein. No patent license is granted to make, use, | ||
57 | sell or offer to sell embodiments of any patent claims other than the | ||
58 | Licensed Claims defined in Section 2. No right is granted to the | ||
59 | trademarks of Licensor even if such marks are included in the Original | ||
60 | Work. Nothing in this License shall be interpreted to prohibit | ||
61 | Licensor from licensing under different terms from this License any | ||
62 | Original Work that Licensor otherwise would have a right to license. | ||
63 | |||
64 | 5) External Deployment. The term "External Deployment" means the use | ||
65 | or distribution of the Original Work or Derivative Works in any way | ||
66 | such that the Original Work or Derivative Works may be accessed or | ||
67 | used by anyone other than You, whether the Original Work or Derivative | ||
68 | Works are distributed to those persons, made available as an | ||
69 | application intended for use over a computer network, or used to | ||
70 | provide services or otherwise deliver content to anyone other than | ||
71 | You. As an express condition for the grants of license hereunder, You | ||
72 | agree that any External Deployment by You shall be deemed a | ||
73 | distribution and shall be licensed to all under the terms of this | ||
74 | License, as prescribed in section 1(c) herein. | ||
75 | |||
76 | 6) Warranty and Disclaimer of Warranty. LICENSOR WARRANTS THAT THE | ||
77 | COPYRIGHT IN AND TO THE ORIGINAL WORK IS OWNED BY THE LICENSOR OR THAT | ||
78 | THE ORIGINAL WORK IS DISTRIBUTED BY LICENSOR UNDER A VALID CURRENT | ||
79 | LICENSE FROM THE COPYRIGHT OWNER. EXCEPT AS EXPRESSLY STATED IN THE | ||
80 | IMMEDIATELY PRECEEDING SENTENCE, THE ORIGINAL WORK IS PROVIDED UNDER | ||
81 | THIS LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY, EITHER EXPRESS OR | ||
82 | IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTY OF | ||
83 | NON-INFRINGEMENT AND WARRANTIES THAT THE ORIGINAL WORK IS MERCHANTABLE | ||
84 | OR FIT FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY OF | ||
85 | THE ORIGINAL WORK IS WITH YOU. THIS DISCLAIMER OF WARRANTY CONSTITUTES | ||
86 | AN ESSENTIAL PART OF THIS LICENSE. NO LICENSE TO ORIGINAL WORK IS | ||
87 | GRANTED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. | ||
88 | |||
89 | 7) Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL | ||
90 | THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, | ||
91 | SHALL THE LICENSOR BE LIABLE TO ANY PERSON FOR ANY DIRECT, INDIRECT, | ||
92 | SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING | ||
93 | AS A RESULT OF THIS LICENSE OR THE USE OF THE ORIGINAL WORK INCLUDING, | ||
94 | WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, | ||
95 | COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL | ||
96 | DAMAGES OR LOSSES, EVEN IF SUCH PERSON SHALL HAVE BEEN INFORMED OF THE | ||
97 | POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT | ||
98 | APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH | ||
99 | PARTY`S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH | ||
100 | LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR | ||
101 | LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION | ||
102 | AND LIMITATION MAY NOT APPLY TO YOU. | ||
103 | |||
104 | 8) Acceptance and Termination. Nothing else but this License (or | ||
105 | another written agreement between Licensor and You) grants You | ||
106 | permission to create Derivative Works based upon the Original Work, | ||
107 | and any attempt to do so except under the terms of this License (or | ||
108 | another written agreement between Licensor and You) is expressly | ||
109 | prohibited by U.S. copyright law, the equivalent laws of other | ||
110 | countries, and by international treaty. Therefore, by exercising any | ||
111 | of the rights granted to You in Sections 1 and 2 herein, You indicate | ||
112 | Your acceptance of this License and all of its terms and conditions. | ||
113 | This license shall terminate immediately and you may no longer | ||
114 | exercise any of the rights granted to You by this License upon Your | ||
115 | failure to honor the proviso in Section 1(c) herein. | ||
116 | |||
117 | 9) Mutual Termination for Patent Action. This License shall terminate | ||
118 | automatically and You may no longer exercise any of the rights granted | ||
119 | to You by this License if You file a lawsuit in any court alleging | ||
120 | that any OSI Certified open source software that is licensed under any | ||
121 | license containing this "Mutual Termination for Patent Action" clause | ||
122 | infringes any patent claims that are essential to use that software. | ||
123 | |||
124 | 10) Jurisdiction, Venue and Governing Law. You agree that any lawsuit | ||
125 | arising under or relating to this License shall be maintained in the | ||
126 | courts of the jurisdiction wherein the Licensor resides or in which | ||
127 | Licensor conducts its primary business, and under the laws of that | ||
128 | jurisdiction excluding its conflict-of-law provisions. The application | ||
129 | of the United Nations Convention on Contracts for the International | ||
130 | Sale of Goods is expressly excluded. Any use of the Original Work | ||
131 | outside the scope of this License or after its termination shall be | ||
132 | subject to the requirements and penalties of the U.S. Copyright Act, | ||
133 | 17 U.S.C. § 101 et seq., the equivalent laws of other countries, and | ||
134 | international treaty. This section shall survive the termination of | ||
135 | this License. | ||
136 | |||
137 | 11) Attorneys Fees. In any action to enforce the terms of this License | ||
138 | or seeking damages relating thereto, the prevailing party shall be | ||
139 | entitled to recover its costs and expenses, including, without | ||
140 | limitation, reasonable attorneys` fees and costs incurred in | ||
141 | connection with such action, including any appeal of such action. This | ||
142 | section shall survive the termination of this License. | ||
143 | |||
144 | 12) Miscellaneous. This License represents the complete agreement | ||
145 | concerning the subject matter hereof. If any provision of this License | ||
146 | is held to be unenforceable, such provision shall be reformed only to | ||
147 | the extent necessary to make it enforceable. | ||
148 | |||
149 | 13) Definition of "You" in This License. "You" throughout this | ||
150 | License, whether in upper or lower case, means an individual or a | ||
151 | legal entity exercising rights under, and complying with all of the | ||
152 | terms of, this License. For legal entities, "You" includes any entity | ||
153 | that controls, is controlled by, or is under common control with you. | ||
154 | For purposes of this definition, "control" means (i) the power, direct | ||
155 | or indirect, to cause the direction or management of such entity, | ||
156 | whether by contract or otherwise, or (ii) ownership of fifty percent | ||
157 | (50%) or more of the outstanding shares, or (iii) beneficial ownership | ||
158 | of such entity. | ||
159 | |||
160 | This license is Copyright (C) 2002 Lawrence E. Rosen. All rights | ||
161 | reserved. Permission is hereby granted to copy and distribute this | ||
162 | license without modification. This license may not be modified without | ||
163 | the express written permission of its copyright owner. | ||
164 | |||