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- The Open Software License v. 1.0
-
- 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 1.0 "
-
- License Terms
-
- 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;
-
- 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 access and 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 accessed or used by anyone other than You,
- whether the Original Work or Derivative Works are distributed to those persons,
- made available as an application intended for use over a computer network,
- or used to provide services or otherwise deliver content to anyone other than
- You. As an express condition for the grants of license hereunder, You agree
- that any External Deployment by You 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) 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 PRECEEDING SENTENCE,
- THE ORIGINAL WORK IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT
- WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTY
- OF NON-INFRINGEMENT AND WARRANTIES THAT THE ORIGINAL WORK IS MERCHANTABLE
- OR FIT 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.
-
- 7) Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY,
- WHETHER 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, EVEN IF SUCH PERSON SHALL HAVE BEEN
- INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY
- SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH
- PARTY'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.
-
- 8) Acceptance and Termination. 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, 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 and 2 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.
-
- 9) 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.
-
- 10) Jurisdiction, Venue and Governing Law. You agree that any lawsuit arising
- under or relating to this License shall be maintained in the courts of the
- 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. § 101 et seq., the equivalent laws of other countries, and international
- treaty. This section shall survive the termination of this License.
-
- 11) 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.
-
- 12) 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.
-
- 13) 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.
-
- 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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