1 | Open Software License ("OSL") v. 3.0 |
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2 | |
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3 | This Open Software License (the "License") applies to any original work of |
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4 | authorship (the "Original Work") whose owner (the "Licensor") has placed the |
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5 | following licensing notice adjacent to the copyright notice for the Original |
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6 | Work: |
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7 | |
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8 | Licensed under the Open Software License version 3.0 |
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9 | |
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10 | 1) Grant of Copyright License. Licensor grants You a worldwide, royalty-free, |
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11 | non-exclusive, sublicensable license, for the duration of the copyright, to do |
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12 | the following: |
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13 | |
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14 | a) to reproduce the Original Work in copies, either alone or as part of a |
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15 | collective work; |
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16 | |
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17 | b) to translate, adapt, alter, transform, modify, or arrange the Original Work, |
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18 | thereby creating derivative works ("Derivative Works") based upon the Original |
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19 | Work; |
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20 | |
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21 | c) to distribute or communicate copies of the Original Work and Derivative Works |
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22 | to the public, with the proviso that copies of Original Work or Derivative Works |
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23 | that You distribute or communicate shall be licensed under this Open Software |
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24 | License; |
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25 | |
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26 | d) to perform the Original Work publicly; and |
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27 | |
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28 | e) to display the Original Work publicly. |
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29 | |
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30 | 2) Grant of Patent License. Licensor grants You a worldwide, royalty-free, |
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31 | non-exclusive, sublicensable license, under patent claims owned or controlled by |
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32 | the Licensor that are embodied in the Original Work as furnished by the |
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33 | Licensor, for the duration of the patents, to make, use, sell, offer for sale, |
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34 | have made, and import the Original Work and Derivative Works. |
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35 | |
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36 | 3) Grant of Source Code License. The term "Source Code" means the preferred form |
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37 | of the Original Work for making modifications to it and all available |
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38 | documentation describing how to modify the Original Work. Licensor agrees to |
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39 | provide a machine-readable copy of the Source Code of the Original Work along |
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40 | with each copy of the Original Work that Licensor distributes. Licensor reserves |
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41 | the right to satisfy this obligation by placing a machine-readable copy of the |
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42 | Source Code in an information repository reasonably calculated to permit |
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43 | inexpensive and convenient access by You for as long as Licensor continues to |
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44 | distribute the Original Work. |
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45 | |
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46 | 4) Exclusions From License Grant. Neither the names of Licensor, nor the names |
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47 | of any contributors to the Original Work, nor any of their trademarks or service |
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48 | marks, may be used to endorse or promote products derived from this Original |
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49 | Work without express prior permission of the Licensor. Except as expressly |
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50 | stated herein, nothing in this License grants any license to Licensor's |
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51 | trademarks, copyrights, patents, trade secrets or any other intellectual |
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52 | property. No patent license is granted to make, use, sell, offer for sale, have |
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53 | made, or import embodiments of any patent claims other than the licensed claims |
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54 | defined in Section 2. No license is granted to the trademarks of Licensor even |
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55 | if such marks are included in the Original Work. Nothing in this License shall |
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56 | be interpreted to prohibit Licensor from licensing under terms different from |
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57 | this License any Original Work that Licensor otherwise would have a right to |
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58 | license. |
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59 | |
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60 | 5) External Deployment. The term "External Deployment" means the use, |
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61 | distribution, or communication of the Original Work or Derivative Works in any |
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62 | way such that the Original Work or Derivative Works may be used by anyone other |
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63 | than You, whether those works are distributed or communicated to those persons |
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64 | or made available as an application intended for use over a network. As an |
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65 | express condition for the grants of license hereunder, You must treat any |
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66 | External Deployment by You of the Original Work or a Derivative Work as a |
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67 | distribution under section 1(c). |
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68 | |
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69 | 6) Attribution Rights. You must retain, in the Source Code of any Derivative |
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70 | Works that You create, all copyright, patent, or trademark notices from the |
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71 | Source Code of the Original Work, as well as any notices of licensing and any |
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72 | descriptive text identified therein as an "Attribution Notice." You must cause |
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73 | the Source Code for any Derivative Works that You create to carry a prominent |
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74 | Attribution Notice reasonably calculated to inform recipients that You have |
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75 | modified the Original Work. |
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76 | |
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77 | 7) Warranty of Provenance and Disclaimer of Warranty. Licensor warrants that the |
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78 | copyright in and to the Original Work and the patent rights granted herein by |
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79 | Licensor are owned by the Licensor or are sublicensed to You under the terms of |
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80 | this License with the permission of the contributor(s) of those copyrights and |
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81 | patent rights. Except as expressly stated in the immediately preceding sentence, |
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82 | the Original Work is provided under this License on an "AS IS" BASIS and WITHOUT |
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83 | WARRANTY, either express or implied, including, without limitation, the |
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84 | warranties of non-infringement, merchantability or fitness for a particular |
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85 | purpose. THE ENTIRE RISK AS TO THE QUALITY OF THE ORIGINAL WORK IS WITH YOU. |
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86 | This DISCLAIMER OF WARRANTY constitutes an essential part of this License. No |
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87 | license to the Original Work is granted by this License except under this |
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88 | disclaimer. |
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89 | |
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90 | 8) Limitation of Liability. Under no circumstances and under no legal theory, |
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91 | whether in tort (including negligence), contract, or otherwise, shall the |
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92 | Licensor be liable to anyone for any indirect, special, incidental, or |
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93 | consequential damages of any character arising as a result of this License or |
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94 | the use of the Original Work including, without limitation, damages for loss of |
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95 | goodwill, work stoppage, computer failure or malfunction, or any and all other |
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96 | commercial damages or losses. This limitation of liability shall not apply to |
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97 | the extent applicable law prohibits such limitation. |
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98 | |
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99 | 9) Acceptance and Termination. If, at any time, You expressly assented to this |
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100 | License, that assent indicates your clear and irrevocable acceptance of this |
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101 | License and all of its terms and conditions. If You distribute or communicate |
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102 | copies of the Original Work or a Derivative Work, You must make a reasonable |
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103 | effort under the circumstances to obtain the express assent of recipients to the |
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104 | terms of this License. This License conditions your rights to undertake the |
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105 | activities listed in Section 1, including your right to create Derivative Works |
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106 | based upon the Original Work, and doing so without honoring these terms and |
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107 | conditions is prohibited by copyright law and international treaty. Nothing in |
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108 | this License is intended to affect copyright exceptions and limitations |
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109 | (including "fair use" or "fair dealing"). This License shall terminate |
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110 | immediately and You may no longer exercise any of the rights granted to You by |
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111 | this License upon your failure to honor the conditions in Section 1(c). |
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112 | |
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113 | 10) Termination for Patent Action. This License shall terminate automatically |
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114 | and You may no longer exercise any of the rights granted to You by this License |
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115 | as of the date You commence an action, including a cross-claim or counterclaim, |
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116 | against Licensor or any licensee alleging that the Original Work infringes a |
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117 | patent. This termination provision shall not apply for an action alleging patent |
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118 | infringement by combinations of the Original Work with other software or |
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119 | hardware. |
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120 | |
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121 | 11) Jurisdiction, Venue and Governing Law. Any action or suit relating to this |
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122 | License may be brought only in the courts of a jurisdiction wherein the Licensor |
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123 | resides or in which Licensor conducts its primary business, and under the laws |
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124 | of that jurisdiction excluding its conflict-of-law provisions. The application |
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125 | of the United Nations Convention on Contracts for the International Sale of |
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126 | Goods is expressly excluded. Any use of the Original Work outside the scope of |
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127 | this License or after its termination shall be subject to the requirements and |
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128 | penalties of copyright or patent law in the appropriate jurisdiction. This |
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129 | section shall survive the termination of this License. |
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130 | |
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131 | 12) Attorneys' Fees. In any action to enforce the terms of this License or |
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132 | seeking damages relating thereto, the prevailing party shall be entitled to |
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133 | recover its costs and expenses, including, without limitation, reasonable |
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134 | attorneys' fees and costs incurred in connection with such action, including any |
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135 | appeal of such action. This section shall survive the termination of this |
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136 | License. |
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137 | |
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138 | 13) Miscellaneous. If any provision of this License is held to be unenforceable, |
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139 | such provision shall be reformed only to the extent necessary to make it |
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140 | enforceable. |
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141 | |
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142 | 14) Definition of "You" in This License. "You" throughout this License, whether |
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143 | in upper or lower case, means an individual or a legal entity exercising rights |
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144 | under, and complying with all of the terms of, this License. For legal entities, |
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145 | "You" includes any entity that controls, is controlled by, or is under common |
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146 | control with you. For purposes of this definition, "control" means (i) the |
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147 | power, direct or indirect, to cause the direction or management of such entity, |
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148 | whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or |
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149 | more of the outstanding shares, or (iii) beneficial ownership of such entity. |
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150 | |
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151 | 15) Right to Use. You may use the Original Work in all ways not otherwise |
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152 | restricted or conditioned by this License or by law, and Licensor promises not |
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153 | to interfere with or be responsible for such uses by You. |
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154 | |
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155 | 16) Modification of This License. This License is Copyright (c) 2005 Lawrence |
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156 | Rosen. Permission is granted to copy, distribute, or communicate this License |
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157 | without modification. Nothing in this License permits You to modify this License |
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158 | as applied to the Original Work or to Derivative Works. However, You may modify |
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159 | the text of this License and copy, distribute or communicate your modified |
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160 | version (the "Modified License") and apply it to other original works of |
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161 | authorship subject to the following conditions: (i) You may not indicate in any |
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162 | way that your Modified License is the "Open Software License" or "OSL" and you |
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163 | may not use those names in the name of your Modified License; (ii) You must |
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164 | replace the notice specified in the first paragraph above with the notice |
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165 | "Licensed under <insert your license name here>" or with a notice of your own |
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166 | that is not confusingly similar to the notice in this License; and (iii) You may |
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167 | not claim that your original works are open source software unless your Modified |
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168 | License has been approved by Open Source Initiative (OSI) and You comply with |
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169 | its license review and certification process. |
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