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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
7"Licensor")
8has placed the following notice immediately following the copyright
9notice for the Original Work: "Licensed under the Open Software
10License version 1.0"
11
12License Terms
13
141) Grant of Copyright License. Licensor hereby grants You a
15world-wide, royalty-free, non-exclusive, perpetual, non-sublicenseable
16license to do the following:
17
18a) to reproduce the Original Work in copies;
19
20b) to prepare derivative works ("Derivative Works") based upon the
21Original Work;
22
23c) to distribute copies of the Original Work and Derivative Works
24to the public, with the proviso that copies of Original Work or
25Derivative Works that You distribute shall be licensed under the
26Open Software License;
27
28d) to perform the Original Work publicly; and
29
30e) to display the Original Work publicly.
31
322) Grant of Patent License. Licensor hereby grants You a world-wide,
33royalty-free, non-exclusive, perpetual, non-sublicenseable license,
34under patent claims owned or controlled by the Licensor that are
35embodied in the Original Work as furnished by the Licensor ("Licensed
36Claims") to make, use, sell and offer for sale the Original Work.
37Licensor hereby grants You a world-wide, royalty-free, non-exclusive,
38perpetual, non-sublicenseable license under the Licensed Claims to
39make, use, sell and offer for sale Derivative Works.
40
413) Grant of Source Code License. The term "Source Code" means the
42preferred form of the Original Work for making modifications to it and
43all available documentation describing how to access and modify the
44Original Work. Licensor hereby agrees to provide a machine-readable
45copy of the Source Code of the Original Work along with each copy of
46the Original Work that Licensor distributes. Licensor reserves the
47right to satisfy this obligation by placing a machine-readable copy of
48the Source Code in an information repository reasonably calculated to
49permit inexpensive and convenient access by You for as long as
50Licensor continues to distribute the Original Work, and by publishing
51the address of that information repository in a notice immediately
52following the copyright notice that applies to the Original Work.
53
544) Exclusions From License Grant. Nothing in this License shall be
55deemed to grant any rights to trademarks, copyrights, patents, trade
56secrets or any other intellectual property of Licensor except as
57expressly stated herein. No patent license is granted to make, use,
58sell or offer to sell embodiments of any patent claims other than the
59Licensed Claims defined in Section 2. No right is granted to the
60trademarks of Licensor even if such marks are included in the Original
61Work. Nothing in this License shall be interpreted to prohibit
62Licensor from licensing under different terms from this License any
63Original Work that Licensor otherwise would have a right to license.
64
655) External Deployment. The term "External Deployment" means the use
66or distribution of the Original Work or Derivative Works in any way
67such that the Original Work or Derivative Works may be accessed or
68used by anyone other than You, whether the Original Work or Derivative
69Works are distributed to those persons, made available as an
70application intended for use over a computer network, or used to
71provide services or otherwise deliver content to anyone other than
72You. As an express condition for the grants of license hereunder, You
73agree that any External Deployment by You shall be deemed a
74distribution and shall be licensed to all under the terms of this
75License, as prescribed in section 1(c) herein.
76
776) Warranty and Disclaimer of Warranty. LICENSOR WARRANTS THAT THE
78COPYRIGHT IN AND TO THE ORIGINAL WORK IS OWNED BY THE LICENSOR OR THAT
79THE ORIGINAL WORK IS DISTRIBUTED BY LICENSOR UNDER A VALID CURRENT
80LICENSE FROM THE COPYRIGHT OWNER. EXCEPT AS EXPRESSLY STATED IN THE
81IMMEDIATELY PRECEEDING SENTENCE, THE ORIGINAL WORK IS PROVIDED UNDER
82THIS LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY, EITHER EXPRESS OR
83IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTY OF
84NON-INFRINGEMENT AND WARRANTIES THAT THE ORIGINAL WORK IS MERCHANTABLE
85OR FIT FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY OF
86THE ORIGINAL WORK IS WITH YOU. THIS DISCLAIMER OF WARRANTY CONSTITUTES
87AN ESSENTIAL PART OF THIS LICENSE. NO LICENSE TO ORIGINAL WORK IS
88GRANTED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
89
907) Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL
91THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE,
92SHALL THE LICENSOR BE LIABLE TO ANY PERSON FOR ANY DIRECT, INDIRECT,
93SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING
94AS A RESULT OF THIS LICENSE OR THE USE OF THE ORIGINAL WORK INCLUDING,
95WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE,
96COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL
97DAMAGES OR LOSSES, EVEN IF SUCH PERSON SHALL HAVE BEEN INFORMED OF THE
98POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT
99APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH
100PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH
101LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
102LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION
103AND LIMITATION MAY NOT APPLY TO YOU.
104
1058) Acceptance and Termination. Nothing else but this License (or
106another written agreement between Licensor and You) grants You
107permission to create Derivative Works based upon the Original Work,
108and any attempt to do so except under the terms of this License (or
109another written agreement between Licensor and You) is expressly
110prohibited by U.S. copyright law, the equivalent laws of other
111countries, and by international treaty. Therefore, by exercising any
112of the rights granted to You in Sections 1 and 2 herein, You indicate
113Your acceptance of this License and all of its terms and conditions.
114This license shall terminate immediately and you may no longer
115exercise any of the rights granted to You by this License upon Your
116failure to honor the proviso in Section 1(c) herein.
117
1189) Mutual Termination for Patent Action. This License shall terminate
119automatically and You may no longer exercise any of the rights granted
120to You by this License if You file a lawsuit in any court alleging
121that any OSI Certified open source software that is licensed under any
122license containing this "Mutual Termination for Patent Action" clause
123infringes any patent claims that are essential to use that software.
124
12510) Jurisdiction, Venue and Governing Law. You agree that any lawsuit
126arising under or relating to this License shall be maintained in the
127courts of the jurisdiction wherein the Licensor resides or in which
128Licensor conducts its primary business, and under the laws of that
129jurisdiction excluding its conflict-of-law provisions. The application
130of the United Nations Convention on Contracts for the International
131Sale of Goods is expressly excluded. Any use of the Original Work
132outside the scope of this License or after its termination shall be
133subject to the requirements and penalties of the U.S. Copyright Act,
13417 U.S.C. ยง 101 et seq., the equivalent laws of other countries, and
135international treaty. This section shall survive the termination of
136this License.
137
13811) Attorneys Fees. In any action to enforce the terms of this License
139or seeking damages relating thereto, the prevailing party shall be
140entitled to recover its costs and expenses, including, without
141limitation, reasonable attorneys' fees and costs incurred in
142connection with such action, including any appeal of such action. This
143section shall survive the termination of this License.
144
14512) Miscellaneous. This License represents the complete agreement
146concerning the subject matter hereof. If any provision of this License
147is held to be unenforceable, such provision shall be reformed only to
148the extent necessary to make it enforceable.
149
15013) Definition of "You" in This License. "You" throughout
151this
152License, whether in upper or lower case, means an individual or a
153legal entity exercising rights under, and complying with all of the
154terms of, this License. For legal entities, "You" includes any entity
155that controls, is controlled by, or is under common control with you.
156For purposes of this definition, "control" means (i) the power,
157direct
158or indirect, to cause the direction or management of such entity,
159whether by contract or otherwise, or (ii) ownership of fifty percent
160(50%) or more of the outstanding shares, or (iii) beneficial ownership
161of such entity.
162
163This license is Copyright (C) 2002 Lawrence E. Rosen. All rights
164reserved. Permission is hereby granted to copy and distribute this
165license without modification. This license may not be modified without
166the express written permission of its copyright owner.
167
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