| 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. |