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OSL-1.1 9.4KB

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  1. The Open Software License v. 1.1
  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 1.1
  7. 1) Grant of Copyright License. Licensor hereby grants You a world-wide, royalty-free,
  8. non-exclusive, perpetual, non-sublicenseable license to do the following:
  9. a) to reproduce the Original Work in copies;
  10. b) to prepare derivative works ("Derivative Works") based upon the Original
  11. Work;
  12. c) to distribute copies of the Original Work and Derivative Works to the public,
  13. with the proviso that copies of Original Work or Derivative Works that You
  14. distribute shall be licensed under the Open Software License;
  15. d) to perform the Original Work publicly; and
  16. e) to display the Original Work publicly.
  17. 2) Grant of Patent License. Licensor hereby grants You a world-wide, royalty-free,
  18. non-exclusive, perpetual, non-sublicenseable license, under patent claims
  19. owned or controlled by the Licensor that are embodied in the Original Work
  20. as furnished by the Licensor ("Licensed Claims") to make, use, sell and offer
  21. for sale the Original Work. Licensor hereby grants You a world-wide, royalty-free,
  22. non-exclusive, perpetual, non-sublicenseable license under the Licensed Claims
  23. to make, use, sell and offer for sale Derivative Works.
  24. 3) Grant of Source Code License. The term "Source Code" means the preferred
  25. form of the Original Work for making modifications to it and all available
  26. documentation describing how to modify the Original Work. Licensor hereby
  27. agrees to provide a machine-readable copy of the Source Code of the Original
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  29. Licensor reserves the right to satisfy this obligation by placing a machine-readable
  30. copy of the Source Code in an information repository reasonably calculated
  31. to permit inexpensive and convenient access by You for as long as Licensor
  32. continues to distribute the Original Work, and by publishing the address of
  33. that information repository in a notice immediately following the copyright
  34. notice that applies to the Original Work.
  35. 4) Exclusions From License Grant. Nothing in this License shall be deemed
  36. to grant any rights to trademarks, copyrights, patents, trade secrets or any
  37. other intellectual property of Licensor except as expressly stated herein.
  38. No patent license is granted to make, use, sell or offer to sell embodiments
  39. of any patent claims other than the Licensed Claims defined in Section 2.
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  41. in the Original Work. Nothing in this License shall be interpreted to prohibit
  42. Licensor from licensing under different terms from this License any Original
  43. Work that Licensor otherwise would have a right to license.
  44. 5) External Deployment. The term "External Deployment" means the use or distribution
  45. of the Original Work or Derivative Works in any way such that the Original
  46. Work or Derivative Works may be used by anyone other than You, whether the
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  49. express condition for the grants of license hereunder, You agree that any
  50. External Deployment by You of a Derivative Work shall be deemed a distribution
  51. and shall be licensed to all under the terms of this License, as prescribed
  52. in section 1(c) herein.
  53. 6) Attribution Rights. You must retain, in the Source Code of any Derivative
  54. Works that You create, all copyright, patent or trademark notices from the
  55. Source Code of the Original Work, as well as any notices of licensing and
  56. any descriptive text identified therein as an "Attribution Notice." You must
  57. cause the Source Code for any Derivative Works that You create to carry a
  58. prominent Attribution Notice reasonably calculated to inform recipients that
  59. You have modified the Original Work.
  60. 7) Warranty and Disclaimer of Warranty. Licensor warrants that the copyright
  61. in and to the Original Work is owned by the Licensor or that the Original
  62. Work is distributed by Licensor under a valid current license from the copyright
  63. owner. Except as expressly stated in the immediately proceeding sentence,
  64. the Original Work is provided under this License on an "AS IS" BASIS and WITHOUT
  65. WARRANTY, either express or implied, including, without limitation, the warranties
  66. of NON-INFRINGEMENT, MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.
  67. THE ENTIRE RISK AS TO THE QUALITY OF THE ORIGINAL WORK IS WITH YOU. This DISCLAIMER
  68. OF WARRANTY constitutes an essential part of this License. No license to Original
  69. Work is granted hereunder except under this disclaimer.
  70. 8) Limitation of Liability. Under no circumstances and under no legal theory,
  71. whether in tort (including negligence), contract, or otherwise, shall the
  72. Licensor be liable to any person for any direct, indirect, special, incidental,
  73. or consequential damages of any character arising as a result of this License
  74. or the use of the Original Work including, without limitation, damages for
  75. loss of goodwill, work stoppage, computer failure or malfunction, or any and
  76. all other commercial damages or losses. This limitation of liability shall
  77. not apply to liability for death or personal injury resulting from Licensor's
  78. negligence to the extent applicable law prohibits such limitation. Some jurisdictions
  79. do not allow the exclusion or limitation of incidental or consequential damages,
  80. so this exclusion and limitation may not apply to You.
  81. 9) Acceptance and Termination. If You distribute copies of the Original Work
  82. or a Derivative Work, You must make a reasonable effort under the circumstances
  83. to obtain the express and volitional assent of recipients to the terms of
  84. this License. Nothing else but this License (or another written agreement
  85. between Licensor and You) grants You permission to create Derivative Works
  86. based upon the Original Work or to exercise any of the rights granted in Sections
  87. 1 herein, and any attempt to do so except under the terms of this License
  88. (or another written agreement between Licensor and You) is expressly prohibited
  89. by U.S. copyright law, the equivalent laws of other countries, and by international
  90. treaty. Therefore, by exercising any of the rights granted to You in Sections
  91. 1 herein, You indicate Your acceptance of this License and all of its terms
  92. and conditions. This License shall terminate immediately and you may no longer
  93. exercise any of the rights granted to You by this License upon Your failure
  94. to honor the proviso in Section 1(c) herein.
  95. 10) Mutual Termination for Patent Action. This License shall terminate automatically
  96. and You may no longer exercise any of the rights granted to You by this License
  97. if You file a lawsuit in any court alleging that any OSI Certified open source
  98. software that is licensed under any license containing this "Mutual Termination
  99. for Patent Action" clause infringes any patent claims that are essential to
  100. use that software.
  101. 11) Jurisdiction, Venue and Governing Law. Any action or suit relating to
  102. this License may be brought only in the courts of a jurisdiction wherein the
  103. Licensor resides or in which Licensor conducts its primary business, and under
  104. the laws of that jurisdiction excluding its conflict-of-law provisions. The
  105. application of the United Nations Convention on Contracts for the International
  106. Sale of Goods is expressly excluded. Any use of the Original Work outside
  107. the scope of this License or after its termination shall be subject to the
  108. requirements and penalties of the U.S. Copyright Act, 17 U.S.C. å¤ 101 et
  109. seq., the equivalent laws of other countries, and international treaty. This
  110. section shall survive the termination of this License.
  111. 12) Attorneys Fees. In any action to enforce the terms of this License or
  112. seeking damages relating thereto, the prevailing party shall be entitled to
  113. recover its costs and expenses, including, without limitation, reasonable
  114. attorneys' fees and costs incurred in connection with such action, including
  115. any appeal of such action. This section shall survive the termination of this
  116. License.
  117. 13) Miscellaneous. This License represents the complete agreement concerning
  118. the subject matter hereof. If any provision of this License is held to be
  119. unenforceable, such provision shall be reformed only to the extent necessary
  120. to make it enforceable.
  121. 14) Definition of "You" in This License. "You" throughout this License, whether
  122. in upper or lower case, means an individual or a legal entity exercising rights
  123. under, and complying with all of the terms of, this License. For legal entities,
  124. "You" includes any entity that controls, is controlled by, or is under common
  125. control with you. For purposes of this definition, "control" means (i) the
  126. power, direct or indirect, to cause the direction or management of such entity,
  127. whether by contract or otherwise, or (ii) ownership of fifty percent (50%)
  128. or more of the outstanding shares, or (iii) beneficial ownership of such entity.
  129. 15) Right to Use. You may use the Original Work in all ways not otherwise
  130. restricted or conditioned by this License or by law, and Licensor promises
  131. not to interfere with or be responsible for such uses by You.
  132. This license is Copyright (C) 2002 Lawrence E. Rosen. All rights reserved.
  133. Permission is hereby granted to copy and distribute this license without modification.
  134. This license may not be modified without the express written permission of
  135. its copyright owner.