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OSL-1.0 8.7KB

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  1. The Open Software License v. 1.0
  2. This Open Software License (the "License") applies to any original work of
  3. authorship (the "Original Work") whose owner (the "Licensor") has placed the
  4. following notice immediately following the copyright notice for the Original
  5. Work:
  6. "Licensed under the Open Software License version 1.0"
  7. License Terms
  8. 1) Grant of Copyright License. Licensor hereby grants You a world-wide, royalty-free,
  9. non-exclusive, perpetual, non-sublicenseable license to do the following:
  10. a) to reproduce the Original Work in copies;
  11. b) to prepare derivative works ("Derivative Works") based upon the Original
  12. Work;
  13. c) to distribute copies of the Original Work and Derivative Works to the public,
  14. with the proviso that copies of Original Work or Derivative Works that You
  15. distribute shall be licensed under the Open Software License;
  16. d) to perform the Original Work publicly; and
  17. e) to display the Original Work publicly.
  18. 2) Grant of Patent License. Licensor hereby grants You a world-wide, royalty-free,
  19. non-exclusive, perpetual, non-sublicenseable license, under patent claims
  20. owned or controlled by the Licensor that are embodied in the Original Work
  21. as furnished by the Licensor ("Licensed Claims") to make, use, sell and offer
  22. for sale the Original Work. Licensor hereby grants You a world-wide, royalty-free,
  23. non-exclusive, perpetual, non-sublicenseable license under the Licensed Claims
  24. to make, use, sell and offer for sale Derivative Works.
  25. 3) Grant of Source Code License. The term "Source Code" means the preferred
  26. form of the Original Work for making modifications to it and all available
  27. documentation describing how to access and modify the Original Work. Licensor
  28. hereby agrees to provide a machine-readable copy of the Source Code of the
  29. Original Work along with each copy of the Original Work that Licensor distributes.
  30. Licensor reserves the right to satisfy this obligation by placing a machine-readable
  31. copy of the Source Code in an information repository reasonably calculated
  32. to permit inexpensive and convenient access by You for as long as Licensor
  33. continues to distribute the Original Work, and by publishing the address of
  34. that information repository in a notice immediately following the copyright
  35. notice that applies to the Original Work.
  36. 4) Exclusions From License Grant. Nothing in this License shall be deemed
  37. to grant any rights to trademarks, copyrights, patents, trade secrets or any
  38. other intellectual property of Licensor except as expressly stated herein.
  39. No patent license is granted to make, use, sell or offer to sell embodiments
  40. of any patent claims other than the Licensed Claims defined in Section 2.
  41. No right is granted to the trademarks of Licensor even if such marks are included
  42. in the Original Work. Nothing in this License shall be interpreted to prohibit
  43. Licensor from licensing under different terms from this License any Original
  44. Work that Licensor otherwise would have a right to license.
  45. 5) External Deployment. The term "External Deployment" means the use or distribution
  46. of the Original Work or Derivative Works in any way such that the Original
  47. Work or Derivative Works may be accessed or used by anyone other than You,
  48. whether the Original Work or Derivative Works are distributed to those persons,
  49. made available as an application intended for use over a computer network,
  50. or used to provide services or otherwise deliver content to anyone other than
  51. You. As an express condition for the grants of license hereunder, You agree
  52. that any External Deployment by You shall be deemed a distribution and shall
  53. be licensed to all under the terms of this License, as prescribed in section
  54. 1(c) herein.
  55. 6) Warranty and Disclaimer of Warranty. LICENSOR WARRANTS THAT THE COPYRIGHT
  56. IN AND TO THE ORIGINAL WORK IS OWNED BY THE LICENSOR OR THAT THE ORIGINAL
  57. WORK IS DISTRIBUTED BY LICENSOR UNDER A VALID CURRENT LICENSE FROM THE COPYRIGHT
  58. OWNER. EXCEPT AS EXPRESSLY STATED IN THE IMMEDIATELY PRECEEDING SENTENCE,
  59. THE ORIGINAL WORK IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT
  60. WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTY
  61. OF NON-INFRINGEMENT AND WARRANTIES THAT THE ORIGINAL WORK IS MERCHANTABLE
  62. OR FIT FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY OF THE
  63. ORIGINAL WORK IS WITH YOU. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL
  64. PART OF THIS LICENSE. NO LICENSE TO ORIGINAL WORK IS GRANTED HEREUNDER EXCEPT
  65. UNDER THIS DISCLAIMER.
  66. 7) Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY,
  67. WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE LICENSOR
  68. BE LIABLE TO ANY PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR
  69. CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING AS A RESULT OF THIS LICENSE
  70. OR THE USE OF THE ORIGINAL WORK INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
  71. LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND
  72. ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PERSON SHALL HAVE BEEN
  73. INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY
  74. SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH
  75. PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.
  76. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
  77. OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO
  78. YOU.
  79. 8) Acceptance and Termination. Nothing else but this License (or another written
  80. agreement between Licensor and You) grants You permission to create Derivative
  81. Works based upon the Original Work, and any attempt to do so except under
  82. the terms of this License (or another written agreement between Licensor and
  83. You) is expressly prohibited by U.S. copyright law, the equivalent laws of
  84. other countries, and by international treaty. Therefore, by exercising any
  85. of the rights granted to You in Sections 1 and 2 herein, You indicate Your
  86. acceptance of this License and all of its terms and conditions. This license
  87. shall terminate immediately and you may no longer exercise any of the rights
  88. granted to You by this License upon Your failure to honor the proviso in Section
  89. 1(c) herein.
  90. 9) Mutual Termination for Patent Action. This License shall terminate automatically
  91. and You may no longer exercise any of the rights granted to You by this License
  92. if You file a lawsuit in any court alleging that any OSI Certified open source
  93. software that is licensed under any license containing this "Mutual Termination
  94. for Patent Action" clause infringes any patent claims that are essential to
  95. use that software.
  96. 10) Jurisdiction, Venue and Governing Law. You agree that any lawsuit arising
  97. under or relating to this License shall be maintained in the courts of the
  98. jurisdiction wherein the Licensor resides or in which Licensor conducts its
  99. primary business, and under the laws of that jurisdiction excluding its conflict-of-law
  100. provisions. The application of the United Nations Convention on Contracts
  101. for the International Sale of Goods is expressly excluded. Any use of the
  102. Original Work outside the scope of this License or after its termination shall
  103. be subject to the requirements and penalties of the U.S. Copyright Act, 17
  104. U.S.C. § 101 et seq., the equivalent laws of other countries, and international
  105. treaty. This section shall survive the termination of this License.
  106. 11) Attorneys Fees. In any action to enforce the terms of this License or
  107. seeking damages relating thereto, the prevailing party shall be entitled to
  108. recover its costs and expenses, including, without limitation, reasonable
  109. attorneys' fees and costs incurred in connection with such action, including
  110. any appeal of such action. This section shall survive the termination of this
  111. License.
  112. 12) Miscellaneous. This License represents the complete agreement concerning
  113. the subject matter hereof. If any provision of this License is held to be
  114. unenforceable, such provision shall be reformed only to the extent necessary
  115. to make it enforceable.
  116. 13) Definition of "You" in This License. "You" throughout this License, whether
  117. in upper or lower case, means an individual or a legal entity exercising rights
  118. under, and complying with all of the terms of, this License. For legal entities,
  119. "You" includes any entity that controls, is controlled by, or is under common
  120. control with you. For purposes of this definition, "control" means (i) the
  121. power, direct or indirect, to cause the direction or management of such entity,
  122. whether by contract or otherwise, or (ii) ownership of fifty percent (50%)
  123. or more of the outstanding shares, or (iii) beneficial ownership of such entity.
  124. This license is Copyright (C) 2002 Lawrence E. Rosen. All rights reserved.
  125. Permission is hereby granted to copy and distribute this license without modification.
  126. This license may not be modified without the express written permission of
  127. its copyright owner.