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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
8Licensed 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
14a) to reproduce the Original Work in copies, either alone or as part of a
15collective work;
16
17b) to translate, adapt, alter, transform, modify, or arrange the Original Work,
18thereby creating derivative works ("Derivative Works") based upon the Original
19Work;
20
21c) to distribute or communicate copies of the Original Work and Derivative Works
22to the public, with the proviso that copies of Original Work or Derivative Works
23that You distribute or communicate shall be licensed under this Open Software
24License;
25
26d) to perform the Original Work publicly; and
27
28e) 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 by
32the 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 form
37of 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 reserves
41the right to satisfy this obligation by placing a machine-readable copy of the
42Source Code in an information repository reasonably calculated to permit
43inexpensive and convenient access by You for as long as Licensor continues to
44distribute 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 service
48marks, may be used to endorse or promote products derived from this Original
49Work without express prior permission of the Licensor. Except as expressly
50stated herein, nothing in this License grants any license to Licensor's
51trademarks, copyrights, patents, trade secrets or any other intellectual
52property. No patent license is granted to make, use, sell, offer for sale, have
53made, or import embodiments of any patent claims other than the licensed claims
54defined in Section 2. No license is granted to the trademarks of Licensor even
55if such marks are included in the Original Work. Nothing in this License shall
56be interpreted to prohibit Licensor from licensing under terms different from
57this License any Original Work that Licensor otherwise would have a right to
58license.
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 other
63than You, whether those works are distributed or communicated to those persons
64or made available as an application intended for use over a network. As an
65express condition for the grants of license hereunder, You must treat any
66External 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 the
78copyright in and to the Original Work and the patent rights granted herein by
79Licensor are owned by the Licensor or are sublicensed to You under the terms of
80this License with the permission of the contributor(s) of those copyrights and
81patent rights. Except as expressly stated in the immediately preceding sentence,
82the Original Work is provided under this License on an "AS IS" BASIS and WITHOUT
83WARRANTY, either express or implied, including, without limitation, the
84warranties of non-infringement, merchantability or fitness for a particular
85purpose. THE ENTIRE RISK AS TO THE QUALITY OF THE ORIGINAL WORK IS WITH YOU.
86This DISCLAIMER OF WARRANTY constitutes an essential part of this License. No
87license to the Original Work is granted by this License except under this
88disclaimer.
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 of
95goodwill, work stoppage, computer failure or malfunction, or any and all other
96commercial damages or losses. This limitation of liability shall not apply to
97the 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 the
104terms of this License. This License conditions your rights to undertake the
105activities listed in Section 1, including your right to create Derivative Works
106based upon the Original Work, and doing so without honoring these terms and
107conditions is prohibited by copyright law and international treaty. Nothing in
108this License is intended to affect copyright exceptions and limitations
109(including "fair use" or "fair dealing"). This License shall terminate
110immediately and You may no longer exercise any of the rights granted to You by
111this License upon your failure to honor the conditions in Section 1(c).
112
11310) Termination for Patent Action. This License shall terminate automatically
114and You may no longer exercise any of the rights granted to You by this License
115as of the date You commence an action, including a cross-claim or counterclaim,
116against Licensor or any licensee alleging that the Original Work infringes a
117patent. This termination provision shall not apply for an action alleging patent
118infringement by combinations of the Original Work with other software or
119hardware.
120
12111) Jurisdiction, Venue and Governing Law. Any action or suit relating to this
122License may be brought only in the courts of a jurisdiction wherein the Licensor
123resides or in which Licensor conducts its primary business, and under the laws
124of that jurisdiction excluding its conflict-of-law provisions. The application
125of the United Nations Convention on Contracts for the International Sale of
126Goods is expressly excluded. Any use of the Original Work outside the scope of
127this License or after its termination shall be subject to the requirements and
128penalties of copyright or patent law in the appropriate jurisdiction. This
129section shall survive the termination of this License.
130
13112) Attorneys' Fees. In any action to enforce the terms of this License or
132seeking damages relating thereto, the prevailing party shall be entitled to
133recover its costs and expenses, including, without limitation, reasonable
134attorneys' fees and costs incurred in connection with such action, including any
135appeal of such action. This section shall survive the termination of this
136License.
137
13813) Miscellaneous. If any provision of this License is held to be unenforceable,
139such provision shall be reformed only to the extent necessary to make it
140enforceable.
141
14214) Definition of "You" in This License. "You" throughout this License, whether
143in upper or lower case, means an individual or a legal entity exercising rights
144under, and complying with all of the terms of, this License. For legal entities,
145"You" includes any entity that controls, is controlled by, or is under common
146control with you. For purposes of this definition, "control" means (i) the
147power, direct or indirect, to cause the direction or management of such entity,
148whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or
149more of the outstanding shares, or (iii) beneficial ownership of such entity.
150
15115) Right to Use. You may use the Original Work in all ways not otherwise
152restricted or conditioned by this License or by law, and Licensor promises not
153to interfere with or be responsible for such uses by You.
154
15516) Modification of This License. This License is Copyright (c) 2005 Lawrence
156Rosen. Permission is granted to copy, distribute, or communicate this License
157without modification. Nothing in this License permits You to modify this License
158as applied to the Original Work or to Derivative Works. However, You may modify
159the text of this License and copy, distribute or communicate your modified
160version (the "Modified License") and apply it to other original works of
161authorship subject to the following conditions: (i) You may not indicate in any
162way that your Modified License is the "Open Software License" or "OSL" and you
163may not use those names in the name of your Modified License; (ii) You must
164replace the notice specified in the first paragraph above with the notice
165"Licensed under <insert your license name here>" or with a notice of your own
166that is not confusingly similar to the notice in this License; and (iii) You may
167not claim that your original works are open source software unless your Modified
168License has been approved by Open Source Initiative (OSI) and You comply with
169its license review and certification process.
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