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license.txt
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license.txt
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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 © 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.