| The Open Software License v. 1.1 |
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| 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: |
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| Licensed under the Open Software License version 1.1 |
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| 1) Grant of Copyright License. Licensor hereby grants You a world-wide, |
| royalty-free, non-exclusive, perpetual, non-sublicenseable license to do the |
| following: |
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| a) to reproduce the Original Work in copies; |
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| b) to prepare derivative works ("Derivative Works") based upon the Original |
| Work; |
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| 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; |
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| d) to perform the Original Work publicly; and |
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| e) to display the Original Work publicly. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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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