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1Open Software License ("OSL") v. 3.0
2
3This Open Software License (the "License") applies to any original work of
4authorship (the "Original Work") whose owner (the "Licensor") has placed the
5following licensing notice adjacent to the copyright notice for the Original
6Work:
7
8 Licensed under the Open Software License version 3.0
9
101) Grant of Copyright License. Licensor grants You a worldwide, royalty-free,
11non-exclusive, sublicensable license, for the duration of the copyright, to do
12the following:
13
14 a) to reproduce the Original Work in copies, either alone or as part of a
15 collective work;
16
17 b) to translate, adapt, alter, transform, modify, or arrange the Original
18 Work, thereby creating derivative works ("Derivative Works") based upon the
19 Original Work;
20
21 c) to distribute or communicate copies of the Original Work and Derivative
22 Works to the public, with the proviso that copies of Original Work or
23 Derivative Works that You distribute or communicate shall be licensed under
24 this Open Software License;
25
26 d) to perform the Original Work publicly; and
27
28 e) to display the Original Work publicly.
29
302) Grant of Patent License. Licensor grants You a worldwide, royalty-free,
31non-exclusive, sublicensable license, under patent claims owned or controlled
32by the Licensor that are embodied in the Original Work as furnished by the
33Licensor, for the duration of the patents, to make, use, sell, offer for sale,
34have made, and import the Original Work and Derivative Works.
35
363) Grant of Source Code License. The term "Source Code" means the preferred
37form of the Original Work for making modifications to it and all available
38documentation describing how to modify the Original Work. Licensor agrees to
39provide a machine-readable copy of the Source Code of the Original Work along
40with each copy of the Original Work that Licensor distributes. Licensor
41reserves the right to satisfy this obligation by placing a machine-readable
42copy of the Source Code in an information repository reasonably calculated to
43permit inexpensive and convenient access by You for as long as Licensor
44continues to distribute the Original Work.
45
464) Exclusions From License Grant. Neither the names of Licensor, nor the names
47of any contributors to the Original Work, nor any of their trademarks or
48service marks, may be used to endorse or promote products derived from this
49Original Work without express prior permission of the Licensor. Except as
50expressly stated herein, nothing in this License grants any license to
51Licensor's trademarks, copyrights, patents, trade secrets or any other
52intellectual property. No patent license is granted to make, use, sell, offer
53for sale, have made, or import embodiments of any patent claims other than the
54licensed claims defined in Section 2. No license is granted to the trademarks
55of Licensor even if such marks are included in the Original Work. Nothing in
56this License shall be interpreted to prohibit Licensor from licensing under
57terms different from this License any Original Work that Licensor otherwise
58would have a right to license.
59
605) External Deployment. The term "External Deployment" means the use,
61distribution, or communication of the Original Work or Derivative Works in any
62way such that the Original Work or Derivative Works may be used by anyone
63other than You, whether those works are distributed or communicated to those
64persons or made available as an application intended for use over a network.
65As an express condition for the grants of license hereunder, You must treat
66any External Deployment by You of the Original Work or a Derivative Work as a
67distribution under section 1(c).
68
696) Attribution Rights. You must retain, in the Source Code of any Derivative
70Works that You create, all copyright, patent, or trademark notices from the
71Source Code of the Original Work, as well as any notices of licensing and any
72descriptive text identified therein as an "Attribution Notice." You must cause
73the Source Code for any Derivative Works that You create to carry a prominent
74Attribution Notice reasonably calculated to inform recipients that You have
75modified the Original Work.
76
777) Warranty of Provenance and Disclaimer of Warranty. Licensor warrants that
78the copyright in and to the Original Work and the patent rights granted herein
79by Licensor are owned by the Licensor or are sublicensed to You under the
80terms of this License with the permission of the contributor(s) of those
81copyrights and patent rights. Except as expressly stated in the immediately
82preceding sentence, the Original Work is provided under this License on an "AS
83IS" BASIS and WITHOUT WARRANTY, either express or implied, including, without
84limitation, the warranties of non-infringement, merchantability or fitness for
85a particular purpose. THE ENTIRE RISK AS TO THE QUALITY OF THE ORIGINAL WORK
86IS WITH YOU. This DISCLAIMER OF WARRANTY constitutes an essential part of this
87License. No license to the Original Work is granted by this License except
88under this disclaimer.
89
908) Limitation of Liability. Under no circumstances and under no legal theory,
91whether in tort (including negligence), contract, or otherwise, shall the
92Licensor be liable to anyone for any indirect, special, incidental, or
93consequential damages of any character arising as a result of this License or
94the use of the Original Work including, without limitation, damages for loss
95of goodwill, work stoppage, computer failure or malfunction, or any and all
96other commercial damages or losses. This limitation of liability shall not
97apply to the extent applicable law prohibits such limitation.
98
999) Acceptance and Termination. If, at any time, You expressly assented to this
100License, that assent indicates your clear and irrevocable acceptance of this
101License and all of its terms and conditions. If You distribute or communicate
102copies of the Original Work or a Derivative Work, You must make a reasonable
103effort under the circumstances to obtain the express assent of recipients to
104the terms of this License. This License conditions your rights to undertake
105the activities listed in Section 1, including your right to create Derivative
106Works based upon the Original Work, and doing so without honoring these terms
107and conditions is prohibited by copyright law and international treaty.
108Nothing in this License is intended to affect copyright exceptions and
109limitations (including "fair use" or "fair dealing"). This License shall
110terminate immediately and You may no longer exercise any of the rights granted
111to You by this License upon your failure to honor the conditions in Section
1121(c).
113
11410) Termination for Patent Action. This License shall terminate automatically
115and You may no longer exercise any of the rights granted to You by this
116License as of the date You commence an action, including a cross-claim or
117counterclaim, against Licensor or any licensee alleging that the Original Work
118infringes a patent. This termination provision shall not apply for an action
119alleging patent infringement by combinations of the Original Work with other
120software or hardware.
121
12211) Jurisdiction, Venue and Governing Law. Any action or suit relating to this
123License may be brought only in the courts of a jurisdiction wherein the
124Licensor resides or in which Licensor conducts its primary business, and under
125the laws of that jurisdiction excluding its conflict-of-law provisions. The
126application of the United Nations Convention on Contracts for the
127International Sale of Goods is expressly excluded. Any use of the Original
128Work outside the scope of this License or after its termination shall be
129subject to the requirements and penalties of copyright or patent law in the
130appropriate jurisdiction. This section shall survive the termination of this
131License.
132
13312) Attorneys' Fees. In any action to enforce the terms of this License or
134seeking damages relating thereto, the prevailing party shall be entitled to
135recover its costs and expenses, including, without limitation, reasonable
136attorneys' fees and costs incurred in connection with such action, including
137any appeal of such action. This section shall survive the termination of this
138License.
139
14013) Miscellaneous. If any provision of this License is held to be
141unenforceable, such provision shall be reformed only to the extent necessary
142to make it enforceable.
143
14414) Definition of "You" in This License. "You" throughout this License,
145whether in upper or lower case, means an individual or a legal entity
146exercising rights under, and complying with all of the terms of, this License.
147For legal entities, "You" includes any entity that controls, is controlled by,
148or is under common control with you. For purposes of this definition,
149"control" means (i) the power, direct or indirect, to cause the direction or
150management of such entity, whether by contract or otherwise, or (ii) ownership
151of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial
152ownership of such entity.
153
15415) Right to Use. You may use the Original Work in all ways not otherwise
155restricted or conditioned by this License or by law, and Licensor promises not
156to interfere with or be responsible for such uses by You.
157
15816) Modification of This License. This License is Copyright © 2005 Lawrence
159Rosen. Permission is granted to copy, distribute, or communicate this License
160without modification. Nothing in this License permits You to modify this
161License as applied to the Original Work or to Derivative Works. However, You
162may modify the text of this License and copy, distribute or communicate your
163modified version (the "Modified License") and apply it to other original works
164of authorship subject to the following conditions: (i) You may not indicate in
165any way that your Modified License is the "Open Software License" or "OSL" and
166you may not use those names in the name of your Modified License; (ii) You
167must replace the notice specified in the first paragraph above with the notice
168"Licensed under <insert your license name here>" or with a notice of your own
169that is not confusingly similar to the notice in this License; and (iii) You
170may not claim that your original works are open source software unless your
171Modified License has been approved by Open Source Initiative (OSI) and You
172comply with its license review and certification process.
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