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1
2Open Software License
3v. 2.0
4
5This Open Software License (the "License") applies to any original
6work of authorship (the "Original Work") whose owner (the
7"Licensor") has placed the following notice immediately following the
8copyright notice for the Original Work:
9
10Licensed under the Open Software License version 2.0
111) Grant of Copyright License. Licensor hereby grants You a world-wide,
12royalty-free, non-exclusive, perpetual, sublicenseable license to do the
13following:
14
15a) to reproduce the Original Work in copies;
16b) to prepare derivative works ("Derivative Works") based upon the
17Original Work;
18
19c) to distribute copies of the Original Work and Derivative Works to the
20public, with the proviso that copies of Original Work or Derivative Works that
21You distribute shall be licensed under the Open Software License;
22
23d) to perform the Original Work publicly; and
24
25e) to display the Original Work publicly.
26
272) Grant of Patent License. Licensor hereby grants You a world-wide, royalty-
28free, non-exclusive, perpetual, sublicenseable license, under patent claims
29owned or controlled by the Licensor that are embodied in the Original Work as
30furnished by the Licensor, to make, use, sell and offer for sale the Original
31Work and Derivative Works.
32
333) Grant of Source Code License. The term "Source Code" means the
34preferred form of the Original Work for making modifications to it and all
35available documentation describing how to modify the Original Work. Licensor
36hereby agrees to provide a machine-readable copy of the Source Code of the
37Original Work along with each copy of the Original Work that Licensor
38distributes. Licensor reserves the right to satisfy this obligation by placing
39a machine-readable copy of the Source Code in an information repository
40reasonably calculated to permit inexpensive and convenient access by You for as
41long as Licensor continues to distribute the Original Work, and by publishing
42the address of that information repository in a notice immediately following
43the copyright notice that applies to the Original Work.
44
454) Exclusions From License Grant. Neither the names of Licensor, nor the names
46of any contributors to the Original Work, nor any of their trademarks or
47service marks, may be used to endorse or promote products derived from this
48Original Work without express prior written permission of the Licensor. Nothing
49in this License shall be deemed to grant any rights to trademarks, copyrights,
50patents, trade secrets or any other intellectual property of Licensor except as
51expressly stated herein. No patent license is granted to make, use, sell or
52offer to sell embodiments of any patent claims other than the licensed claims
53defined in Section 2. No right is granted to the trademarks of Licensor even if
54such marks are included in the Original Work. Nothing in this License shall be
55interpreted to prohibit Licensor from licensing under different terms from this
56License any Original Work that Licensor otherwise would have a right to
57license.
58
595) External Deployment. The term "External Deployment" means the use
60or distribution of the Original Work or Derivative Works in any way such that
61the Original Work or Derivative Works may be used by anyone other than You,
62whether the Original Work or Derivative Works are distributed to those persons
63or made available as an application intended for use over a computer network.
64As an express condition for the grants of license hereunder, You agree that any
65External Deployment by You of a Derivative Work shall be deemed a distribution
66and shall be licensed to all under the terms of this License, as prescribed in
67section 1(c) herein.
68
696) Attribution Rights. You must retain, in the Source Code of any Derivative
70Works that You create, all copyright, patent or trademark notices from the
71Source Code of the Original Work, as well as any notices of licensing and any
72descriptive text identified therein as an "Attribution Notice." You
73must cause the Source Code for any Derivative Works that You create to carry a
74prominent Attribution Notice reasonably calculated to inform recipients that
75You have modified the Original Work.
76
777) Warranty of Provenance and Disclaimer of Warranty. Licensor warrants that
78the copyright in and to the Original Work and the patent rights granted herein
79by Licensor are owned by the Licensor or are sublicensed to You under the terms
80of this License with the permission of the contributor(s) of those copyrights
81and patent rights. Except as expressly stated in the immediately proceeding
82sentence, the Original Work is provided under this License on an "AS
83IS" BASIS and WITHOUT WARRANTY, either express or implied, including,
84without limitation, the warranties of NON-INFRINGEMENT, MERCHANTABILITY or
85FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY OF THE
86ORIGINAL WORK IS WITH YOU. This DISCLAIMER OF WARRANTY constitutes an essential
87part of this License. No license to Original Work is granted hereunder except
88under this disclaimer.
89
908) Limitation of Liability. Under no circumstances and under no legal theory,
91whether in tort (including negligence), contract, or otherwise, shall the
92Licensor be liable to any person for any direct, indirect, special, incidental,
93or consequential damages of any character arising as a result of this License
94or the use of the Original Work including, without limitation, damages for loss
95of goodwill, work stoppage, computer failure or malfunction, or any and all
96other commercial damages or losses. This limitation of liability shall not
97apply to liability for death or personal injury resulting from Licensor's
98negligence to the extent applicable law prohibits such limitation. Some
99jurisdictions do not allow the exclusion or limitation of incidental or
100consequential damages, so this exclusion and limitation may not apply to You.
101
1029) Acceptance and Termination. If You distribute copies of the Original Work or
103a Derivative Work, You must make a reasonable effort under the circumstances to
104obtain the express assent of recipients to the terms of this License. Nothing
105else but this License (or another written agreement between Licensor and You)
106grants You permission to create Derivative Works based upon the Original Work
107or to exercise any of the rights granted in Section 1 herein, and any attempt
108to do so except under the terms of this License (or another written agreement
109between Licensor and You) is expressly prohibited by U.S. copyright law, the
110equivalent laws of other countries, and by international treaty. Therefore, by
111exercising any of the rights granted to You in Section 1 herein, You indicate
112Your acceptance of this License and all of its terms and conditions. This
113License shall terminate immediately and you may no longer exercise any of the
114rights granted to You by this License upon Your failure to honor the proviso in
115Section 1(c) herein.
116
11710) Termination for Patent Action. This License shall terminate automatically
118and You may no longer exercise any of the rights granted to You by this License
119as of the date You commence an action, including a cross-claim or counterclaim,
120for patent infringement (i) against Licensor with respect to a patent
121applicable to software or (ii) against any entity with respect to a patent
122applicable to the Original Work (but excluding combinations of the Original
123Work with other software or hardware).
124
12511) Jurisdiction, Venue and Governing Law. Any action or suit relating to this
126License may be brought only in the courts of a jurisdiction wherein the
127Licensor resides or in which Licensor conducts its primary business, and under
128the laws of that jurisdiction excluding its conflict-of-law provisions. The
129application of the United Nations Convention on Contracts for the International
130Sale of Goods is expressly excluded. Any use of the Original Work outside the
131scope of this License or after its termination shall be subject to the
132requirements and penalties of the U.S. Copyright Act, 17 U.S.C. 101 et seq.,
133the equivalent laws of other countries, and international treaty. This section
134shall survive the termination of this License.
135
13612) Attorneys Fees. In any action to enforce the terms of this License or
137seeking damages relating thereto, the prevailing party shall be entitled to
138recover its costs and expenses, including, without limitation, reasonable
139attorneys' fees and costs incurred in connection with such action, including
140any appeal of such action. This section shall survive the termination of this
141License.
142
14313) Miscellaneous. This License represents the complete agreement concerning
144the subject matter hereof. If any provision of this License is held to be
145unenforceable, such provision shall be reformed only to the extent necessary to
146make it enforceable.
147
14814) Definition of "You" in This License. "You" throughout
149this License, whether in upper or lower case, means an individual or a legal
150entity exercising rights under, and complying with all of the terms of, this
151License. For legal entities, "You" includes any entity that controls,
152is controlled by, or is under common control with you. For purposes of this
153definition, "control" means (i) the power, direct or indirect, to
154cause the direction or management of such entity, whether by contract or
155otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding
156shares, or (iii) beneficial ownership of such entity.
157
15815) Right to Use. You may use the Original Work in all ways not otherwise
159restricted or conditioned by this License or by law, and Licensor promises not
160to interfere with or be responsible for such uses by You.
161
162This license is Copyright (C) 2003 Lawrence E. Rosen. All rights reserved.
163Permission is hereby granted to copy and distribute this license without
164modification. This license may not be modified without the express written
165permission of its copyright owner.
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