source: trunk/OSL3.0.txt @ 3526

Open Software License ("OSL") v. 3.0

This Open Software License (the "License") applies to any original work of
authorship (the "Original Work") whose owner (the "Licensor") has placed the
following licensing notice adjacent to the copyright notice for the Original
Work:

Licensed under the Open Software License version 3.0

1) Grant of Copyright License. Licensor grants You a worldwide, royalty-free,
non-exclusive, sublicensable license, for the duration of the copyright, to do
the following:

a) to reproduce the Original Work in copies, either alone or as part of a
collective work;

b) to translate, adapt, alter, transform, modify, or arrange the Original Work,
thereby creating derivative works ("Derivative Works") based upon the Original
Work;

c) to distribute or communicate 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 or communicate shall be licensed under this Open Software
License;

d) to perform the Original Work publicly; and

e) to display the Original Work publicly.

2) Grant of Patent License. Licensor grants You a worldwide, royalty-free,
non-exclusive, sublicensable license, under patent claims owned or controlled by
the Licensor that are embodied in the Original Work as furnished by the
Licensor, for the duration of the patents, to make, use, sell, offer for sale,
have made, and import the Original Work and 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 modify the Original Work. Licensor 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.

4) Exclusions From License Grant. Neither the names of Licensor, nor the names
of any contributors to the Original Work, nor any of their trademarks or service
marks, may be used to endorse or promote products derived from this Original
Work without express prior permission of the Licensor. Except as expressly
stated herein, nothing in this License grants any license to Licensor's
trademarks, copyrights, patents, trade secrets or any other intellectual
property. No patent license is granted to make, use, sell, offer for sale, have
made, or import embodiments of any patent claims other than the licensed claims
defined in Section 2. No license 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 terms different 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,
distribution, or communication of the Original Work or Derivative Works in any
way such that the Original Work or Derivative Works may be used by anyone other
than You, whether those works are distributed or communicated to those persons
or made available as an application intended for use over a network. As an
express condition for the grants of license hereunder, You must treat any
External Deployment by You of the Original Work or a Derivative Work as a
distribution under section 1(c).

6) Attribution Rights. You must retain, in the Source Code of any Derivative
Works that You create, all copyright, patent, or trademark notices from the
Source Code of the Original Work, as well as any notices of licensing and any
descriptive text identified therein as an "Attribution Notice." You must cause
the Source Code for any Derivative Works that You create to carry a prominent
Attribution Notice reasonably calculated to inform recipients that You have
modified the Original Work.

7) Warranty of Provenance and Disclaimer of Warranty. Licensor warrants that the
copyright in and to the Original Work and the patent rights granted herein by
Licensor are owned by the Licensor or are sublicensed to You under the terms of
this License with the permission of the contributor(s) of those copyrights and
patent rights. Except as expressly stated in the immediately preceding sentence,
the Original Work is provided under this License on an "AS IS" BASIS and WITHOUT
WARRANTY, either express or implied, including, without limitation, the
warranties of non-infringement, merchantability or fitness 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 the Original Work is granted by this License except under this
disclaimer.

8) Limitation of Liability. Under no circumstances and under no legal theory,
whether in tort (including negligence), contract, or otherwise, shall the
Licensor be liable to anyone for any 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. This limitation of liability shall not apply to
the extent applicable law prohibits such limitation.

9) Acceptance and Termination. If, at any time, You expressly assented to this
License, that assent indicates your clear and irrevocable acceptance of this
License and all of its terms and conditions. If You distribute or communicate
copies of the Original Work or a Derivative Work, You must make a reasonable
effort under the circumstances to obtain the express assent of recipients to the
terms of this License. This License conditions your rights to undertake the
activities listed in Section 1, including your right to create Derivative Works
based upon the Original Work, and doing so without honoring these terms and
conditions is prohibited by copyright law and international treaty. Nothing in
this License is intended to affect copyright exceptions and limitations
(including "fair use" or "fair dealing"). 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 conditions in Section 1(c).

10) 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
as of the date You commence an action, including a cross-claim or counterclaim,
against Licensor or any licensee alleging that the Original Work infringes a
patent. This termination provision shall not apply for an action alleging patent
infringement by combinations of the Original Work with other software or
hardware.

11) Jurisdiction, Venue and Governing Law. Any action or suit relating to this
License may be brought only in the courts of a 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 copyright or patent law in the appropriate jurisdiction. This
section shall survive the termination of this License.

12) 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.

13) Miscellaneous. 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.

14) 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.

15) Right to Use. You may use the Original Work in all ways not otherwise
restricted or conditioned by this License or by law, and Licensor promises not
to interfere with or be responsible for such uses by You.

16) Modification of This License. This License is Copyright (c) 2005 Lawrence
Rosen. Permission is granted to copy, distribute, or communicate this License
without modification. Nothing in this License permits You to modify this License
as applied to the Original Work or to Derivative Works. However, You may modify
the text of this License and copy, distribute or communicate your modified
version (the "Modified License") and apply it to other original works of
authorship subject to the following conditions: (i) You may not indicate in any
way that your Modified License is the "Open Software License" or "OSL" and you
may not use those names in the name of your Modified License; (ii) You must
replace the notice specified in the first paragraph above with the notice
"Licensed under <insert your license name here>" or with a notice of your own
that is not confusingly similar to the notice in this License; and (iii) You may
not claim that your original works are open source software unless your Modified
License has been approved by Open Source Initiative (OSI) and You comply with
its license review and certification process.