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- The Open Software License v. 1.1
-
- This Open Software License (the "License") applies to any original work of
- authorship (the "Original Work") whose owner (the "Licensor") has placed the
- following notice immediately following the copyright notice for the Original
- Work:
-
- Licensed under the Open Software License version 1.1
-
- 1) Grant of Copyright License. Licensor hereby grants You a world-wide, royalty-free,
- non-exclusive, perpetual, non-sublicenseable license to do the following:
-
- a) to reproduce the Original Work in copies;
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- b) to prepare derivative works ("Derivative Works") based upon the Original
- Work;
-
- c) to distribute copies of the Original Work and Derivative Works to the public,
- with the proviso that copies of Original Work or Derivative Works that You
- distribute shall be licensed under the Open Software License;
-
- d) to perform the Original Work publicly; and
-
- e) to display the Original Work publicly.
-
- 2) Grant of Patent License. Licensor hereby grants You a world-wide, royalty-free,
- non-exclusive, perpetual, non-sublicenseable license, under patent claims
- owned or controlled by the Licensor that are embodied in the Original Work
- as furnished by the Licensor ("Licensed Claims") to make, use, sell and offer
- for sale the Original Work. Licensor hereby grants You a world-wide, royalty-free,
- non-exclusive, perpetual, non-sublicenseable license under the Licensed Claims
- to make, use, sell and offer for sale Derivative Works.
-
- 3) Grant of Source Code License. The term "Source Code" means the preferred
- form of the Original Work for making modifications to it and all available
- documentation describing how to modify the Original Work. Licensor hereby
- agrees to provide a machine-readable copy of the Source Code of the Original
- Work along with each copy of the Original Work that Licensor distributes.
- Licensor reserves the right to satisfy this obligation by placing a machine-readable
- copy of the Source Code in an information repository reasonably calculated
- to permit inexpensive and convenient access by You for as long as Licensor
- continues to distribute the Original Work, and by publishing the address of
- that information repository in a notice immediately following the copyright
- notice that applies to the Original Work.
-
- 4) Exclusions From License Grant. Nothing in this License shall be deemed
- to grant any rights to trademarks, copyrights, patents, trade secrets or any
- other intellectual property of Licensor except as expressly stated herein.
- No patent license is granted to make, use, sell or offer to sell embodiments
- of any patent claims other than the Licensed Claims defined in Section 2.
- No right is granted to the trademarks of Licensor even if such marks are included
- in the Original Work. Nothing in this License shall be interpreted to prohibit
- Licensor from licensing under different terms from this License any Original
- Work that Licensor otherwise would have a right to license.
-
- 5) External Deployment. The term "External Deployment" means the use or distribution
- of the Original Work or Derivative Works in any way such that the Original
- Work or Derivative Works may be used by anyone other than You, whether the
- Original Work or Derivative Works are distributed to those persons or made
- available as an application intended for use over a computer network. As an
- express condition for the grants of license hereunder, You agree that any
- External Deployment by You of a Derivative Work shall be deemed a distribution
- and shall be licensed to all under the terms of this License, as prescribed
- in section 1(c) herein.
-
- 6) Attribution Rights. You must retain, in the Source Code of any Derivative
- Works that You create, all copyright, patent or trademark notices from the
- Source Code of the Original Work, as well as any notices of licensing and
- any descriptive text identified therein as an "Attribution Notice." You must
- cause the Source Code for any Derivative Works that You create to carry a
- prominent Attribution Notice reasonably calculated to inform recipients that
- You have modified the Original Work.
-
- 7) Warranty and Disclaimer of Warranty. Licensor warrants that the copyright
- in and to the Original Work is owned by the Licensor or that the Original
- Work is distributed by Licensor under a valid current license from the copyright
- owner. Except as expressly stated in the immediately proceeding sentence,
- the Original Work is provided under this License on an "AS IS" BASIS and WITHOUT
- WARRANTY, either express or implied, including, without limitation, the warranties
- of NON-INFRINGEMENT, MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.
- THE ENTIRE RISK AS TO THE QUALITY OF THE ORIGINAL WORK IS WITH YOU. This DISCLAIMER
- OF WARRANTY constitutes an essential part of this License. No license to Original
- Work is granted hereunder except under this disclaimer.
-
- 8) Limitation of Liability. Under no circumstances and under no legal theory,
- whether in tort (including negligence), contract, or otherwise, shall the
- Licensor be liable to any person for any direct, indirect, special, incidental,
- or consequential damages of any character arising as a result of this License
- or the use of the Original Work including, without limitation, damages for
- loss of goodwill, work stoppage, computer failure or malfunction, or any and
- all other commercial damages or losses. This limitation of liability shall
- not apply to liability for death or personal injury resulting from Licensor's
- negligence to the extent applicable law prohibits such limitation. Some jurisdictions
- do not allow the exclusion or limitation of incidental or consequential damages,
- so this exclusion and limitation may not apply to You.
-
- 9) Acceptance and Termination. If You distribute copies of the Original Work
- or a Derivative Work, You must make a reasonable effort under the circumstances
- to obtain the express and volitional assent of recipients to the terms of
- this License. Nothing else but this License (or another written agreement
- between Licensor and You) grants You permission to create Derivative Works
- based upon the Original Work or to exercise any of the rights granted in Sections
- 1 herein, and any attempt to do so except under the terms of this License
- (or another written agreement between Licensor and You) is expressly prohibited
- by U.S. copyright law, the equivalent laws of other countries, and by international
- treaty. Therefore, by exercising any of the rights granted to You in Sections
- 1 herein, You indicate Your acceptance of this License and all of its terms
- and conditions. This License shall terminate immediately and you may no longer
- exercise any of the rights granted to You by this License upon Your failure
- to honor the proviso in Section 1(c) herein.
-
- 10) Mutual Termination for Patent Action. This License shall terminate automatically
- and You may no longer exercise any of the rights granted to You by this License
- if You file a lawsuit in any court alleging that any OSI Certified open source
- software that is licensed under any license containing this "Mutual Termination
- for Patent Action" clause infringes any patent claims that are essential to
- use that software.
-
- 11) Jurisdiction, Venue and Governing Law. Any action or suit relating to
- this License may be brought only in the courts of a jurisdiction wherein the
- Licensor resides or in which Licensor conducts its primary business, and under
- the laws of that jurisdiction excluding its conflict-of-law provisions. The
- application of the United Nations Convention on Contracts for the International
- Sale of Goods is expressly excluded. Any use of the Original Work outside
- the scope of this License or after its termination shall be subject to the
- requirements and penalties of the U.S. Copyright Act, 17 U.S.C. å¤ 101 et
- seq., the equivalent laws of other countries, and international treaty. This
- section shall survive the termination of this License.
-
- 12) Attorneys Fees. In any action to enforce the terms of this License or
- seeking damages relating thereto, the prevailing party shall be entitled to
- recover its costs and expenses, including, without limitation, reasonable
- attorneys' fees and costs incurred in connection with such action, including
- any appeal of such action. This section shall survive the termination of this
- License.
-
- 13) Miscellaneous. This License represents the complete agreement concerning
- the subject matter hereof. If any provision of this License is held to be
- unenforceable, such provision shall be reformed only to the extent necessary
- to make it enforceable.
-
- 14) Definition of "You" in This License. "You" throughout this License, whether
- in upper or lower case, means an individual or a legal entity exercising rights
- under, and complying with all of the terms of, this License. For legal entities,
- "You" includes any entity that controls, is controlled by, or is under common
- control with you. For purposes of this definition, "control" means (i) the
- power, direct or indirect, to cause the direction or management of such entity,
- whether by contract or otherwise, or (ii) ownership of fifty percent (50%)
- or more of the outstanding shares, or (iii) beneficial ownership of such entity.
-
- 15) Right to Use. You may use the Original Work in all ways not otherwise
- restricted or conditioned by this License or by law, and Licensor promises
- not to interfere with or be responsible for such uses by You.
-
- This license is Copyright (C) 2002 Lawrence E. Rosen. All rights reserved.
- Permission is hereby granted to copy and distribute this license without modification.
- This license may not be modified without the express written permission of
- its copyright owner.
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