| 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. ยง 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. |
| |