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2 | Open Software License ("OSL") v. 3.0 | ||
3 | This Open Software License (the "License") applies to any original | ||
4 | work of authorship (the "Original Work") whose owner (the | ||
5 | "Licensor") has placed the following licensing notice adjacent to the | ||
6 | copyright notice for the Original Work: | ||
7 | Licensed under the Open Software License version 3.0 | ||
8 | |||
9 | 1) Grant of Copyright License. Licensor grants You a worldwide, royalty-free, | ||
10 | non-exclusive, sublicensable license, for the duration of the copyright, to do | ||
11 | the following: | ||
12 | a) to reproduce the Original Work in copies, either alone or as part of a | ||
13 | collective work; | ||
14 | b) to translate, adapt, alter, transform, modify, or arrange the Original Work, | ||
15 | thereby creating derivative works ("Derivative Works") based upon the | ||
16 | Original Work; | ||
17 | c) to distribute or communicate copies of the Original Work and Derivative | ||
18 | Works to the public, with the proviso that copies of Original Work or | ||
19 | Derivative Works that You distribute or communicate shall be licensed under | ||
20 | this Open Software License; | ||
21 | d) to perform the Original Work publicly; and | ||
22 | e) to display the Original Work publicly. | ||
23 | 2) Grant of Patent License. Licensor grants You a worldwide, royalty-free, non- | ||
24 | exclusive, sublicensable license, under patent claims owned or controlled by | ||
25 | the Licensor that are embodied in the Original Work as furnished by the | ||
26 | Licensor, for the duration of the patents, to make, use, sell, offer for sale, | ||
27 | have made, and import the Original Work and Derivative Works. | ||
28 | 3) Grant of Source Code License. The term "Source Code" means the | ||
29 | preferred form of the Original Work for making modifications to it and all | ||
30 | available documentation describing how to modify the Original Work. Licensor | ||
31 | agrees to provide a machine-readable copy of the Source Code of the Original | ||
32 | Work along with each copy of the Original Work that Licensor distributes. | ||
33 | Licensor reserves the right to satisfy this obligation by placing a machine- | ||
34 | readable copy of the Source Code in an information repository reasonably | ||
35 | calculated to permit inexpensive and convenient access by You for as long as | ||
36 | Licensor continues to distribute the Original Work. | ||
37 | 4) Exclusions From License Grant. Neither the names of Licensor, nor the names | ||
38 | of any contributors to the Original Work, nor any of their trademarks or | ||
39 | service marks, may be used to endorse or promote products derived from this | ||
40 | Original Work without express prior permission of the Licensor. Except as | ||
41 | expressly stated herein, nothing in this License grants any license to | ||
42 | Licensor’s trademarks, copyrights, patents, trade secrets or any other | ||
43 | intellectual property. No patent license is granted to make, use, sell, offer | ||
44 | for sale, have made, or import embodiments of any patent claims other than the | ||
45 | licensed claims defined in Section 2. No license is granted to the trademarks | ||
46 | of Licensor even if such marks are included in the Original Work. Nothing in | ||
47 | this License shall be interpreted to prohibit Licensor from licensing under | ||
48 | terms different from this License any Original Work that Licensor otherwise | ||
49 | would have a right to license. | ||
50 | 5) External Deployment. The term "External Deployment" means the use, | ||
51 | distribution, or communication of the Original Work or Derivative Works in any | ||
52 | way such that the Original Work or Derivative Works may be used by anyone other | ||
53 | than You, whether those works are distributed or communicated to those persons | ||
54 | or made available as an application intended for use over a network. As an | ||
55 | express condition for the grants of license hereunder, You must treat any | ||
56 | External Deployment by You of the Original Work or a Derivative Work as a | ||
57 | distribution under section 1(c). | ||
58 | 6) Attribution Rights. You must retain, in the Source Code of any Derivative | ||
59 | Works that You create, all copyright, patent, or trademark notices from the | ||
60 | Source Code of the Original Work, as well as any notices of licensing and any | ||
61 | descriptive text identified therein as an "Attribution Notice." You | ||
62 | must cause the Source Code for any Derivative Works that You create to carry a | ||
63 | prominent Attribution Notice reasonably calculated to inform recipients that | ||
64 | You have modified the Original Work. | ||
65 | 7) Warranty of Provenance and Disclaimer of Warranty. Licensor warrants that | ||
66 | the copyright in and to the Original Work and the patent rights granted herein | ||
67 | by Licensor are owned by the Licensor or are sublicensed to You under the terms | ||
68 | of this License with the permission of the contributor(s) of those copyrights | ||
69 | and patent rights. Except as expressly stated in the immediately preceding | ||
70 | sentence, the Original Work is provided under this License on an "AS | ||
71 | IS" BASIS and WITHOUT WARRANTY, either express or implied, including, | ||
72 | without limitation, the warranties of non-infringement, merchantability or | ||
73 | fitness for a particular purpose. THE ENTIRE RISK AS TO THE QUALITY OF THE | ||
74 | ORIGINAL WORK IS WITH YOU. This DISCLAIMER OF WARRANTY constitutes an essential | ||
75 | part of this License. No license to the Original Work is granted by this | ||
76 | License except under this disclaimer. | ||
77 | 8) Limitation of Liability. Under no circumstances and under no legal theory, | ||
78 | whether in tort (including negligence), contract, or otherwise, shall the | ||
79 | Licensor be liable to anyone for any indirect, special, incidental, or | ||
80 | consequential damages of any character arising as a result of this License or | ||
81 | the use of the Original Work including, without limitation, damages for loss of | ||
82 | goodwill, work stoppage, computer failure or malfunction, or any and all other | ||
83 | commercial damages or losses. This limitation of liability shall not apply to | ||
84 | the extent applicable law prohibits such limitation. | ||
85 | 9) Acceptance and Termination. If, at any time, You expressly assented to this | ||
86 | License, that assent indicates your clear and irrevocable acceptance of this | ||
87 | License and all of its terms and conditions. If You distribute or communicate | ||
88 | copies of the Original Work or a Derivative Work, You must make a reasonable | ||
89 | effort under the circumstances to obtain the express assent of recipients to | ||
90 | the terms of this License. This License conditions your rights to undertake the | ||
91 | activities listed in Section 1, including your right to create Derivative Works | ||
92 | based upon the Original Work, and doing so without honoring these terms and | ||
93 | conditions is prohibited by copyright law and international treaty. Nothing in | ||
94 | this License is intended to affect copyright exceptions and limitations | ||
95 | (including "fair use" or "fair dealing"). This License | ||
96 | shall terminate immediately and You may no longer exercise any of the rights | ||
97 | granted to You by this License upon your failure to honor the conditions in | ||
98 | Section 1(c). | ||
99 | 10) Termination for Patent Action. This License shall terminate automatically | ||
100 | and You may no longer exercise any of the rights granted to You by this License | ||
101 | as of the date You commence an action, including a cross-claim or counterclaim, | ||
102 | against Licensor or any licensee alleging that the Original Work infringes a | ||
103 | patent. This termination provision shall not apply for an action alleging | ||
104 | patent infringement by combinations of the Original Work with other software or | ||
105 | hardware. | ||
106 | 11) Jurisdiction, Venue and Governing Law. Any action or suit relating to this | ||
107 | License may be brought only in the courts of a jurisdiction wherein the | ||
108 | Licensor resides or in which Licensor conducts its primary business, and under | ||
109 | the laws of that jurisdiction excluding its conflict-of-law provisions. The | ||
110 | application of the United Nations Convention on Contracts for the International | ||
111 | Sale of Goods is expressly excluded. Any use of the Original Work outside the | ||
112 | scope of this License or after its termination shall be subject to the | ||
113 | requirements and penalties of copyright or patent law in the appropriate | ||
114 | jurisdiction. This section shall survive the termination of this License. | ||
115 | 12) Attorneys’ Fees. In any action to enforce the terms of this License | ||
116 | or seeking damages relating thereto, the prevailing party shall be entitled to | ||
117 | recover its costs and expenses, including, without limitation, reasonable | ||
118 | attorneys' fees and costs incurred in connection with such action, including | ||
119 | any appeal of such action. This section shall survive the termination of this | ||
120 | License. | ||
121 | 13) Miscellaneous. If any provision of this License is held to be | ||
122 | unenforceable, such provision shall be reformed only to the extent necessary to | ||
123 | make it enforceable. | ||
124 | 14) Definition of "You" in This License. "You" throughout | ||
125 | this License, whether in upper or lower case, means an individual or a legal | ||
126 | entity exercising rights under, and complying with all of the terms of, this | ||
127 | License. For legal entities, "You" includes any entity that controls, | ||
128 | is controlled by, or is under common control with you. For purposes of this | ||
129 | definition, "control" means (i) the power, direct or indirect, to | ||
130 | cause the direction or management of such entity, whether by contract or | ||
131 | otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding | ||
132 | shares, or (iii) beneficial ownership of such entity. | ||
133 | 15) Right to Use. You may use the Original Work in all ways not otherwise | ||
134 | restricted or conditioned by this License or by law, and Licensor promises not | ||
135 | to interfere with or be responsible for such uses by You. | ||
136 | 16) Modification of This License. This License is Copyright © 2005 Lawrence | ||
137 | Rosen. Permission is granted to copy, distribute, or communicate this License | ||
138 | without modification. Nothing in this License permits You to modify this | ||
139 | License as applied to the Original Work or to Derivative Works. However, You | ||
140 | may modify the text of this License and copy, distribute or communicate your | ||
141 | modified version (the "Modified License") and apply it to other | ||
142 | original works of authorship subject to the following conditions: (i) You may | ||
143 | not indicate in any way that your Modified License is the "Open Software | ||
144 | License" or "OSL" and you may not use those names in the name of | ||
145 | your Modified License; (ii) You must replace the notice specified in the first | ||
146 | paragraph above with the notice "Licensed under <insert your license name | ||
147 | here>" or with a notice of your own that is not confusingly similar to the | ||
148 | notice in this License; and (iii) You may not claim that your original works | ||
149 | are open source software unless your Modified License has been approved by Open | ||
150 | Source Initiative (OSI) and You comply with its license review and | ||
151 | certification process. | ||
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