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