1 The Open Software License
4 This Open Software License (the "License") applies to any original work of
5 authorship (the "Original Work") whose owner (the "Licensor") has placed the
6 following notice immediately following the copyright notice for the Original
9 Licensed under the Open Software License version 2.0
11 1) Grant of Copyright License. Licensor hereby grants You a world-wide,
12 royalty-free, non-exclusive, perpetual, sublicenseable license to do the
15 a) to reproduce the Original Work in copies;
17 b) to prepare derivative works ("Derivative Works") based upon the
20 c) to distribute copies of the Original Work and Derivative Works to
21 the public, with the proviso that copies of Original Work or Derivative
22 Works that You distribute shall be licensed under the Open Software
25 d) to perform the Original Work publicly; and
27 e) to display the Original Work publicly.
29 2) Grant of Patent License. Licensor hereby grants You a world-wide,
30 royalty-free, non-exclusive, perpetual, sublicenseable license, under
31 patent claims owned or controlled by the Licensor that are embodied in the
32 Original Work as furnished by the Licensor, to make, use, sell and offer
33 for sale the Original Work and Derivative Works.
35 3) Grant of Source Code License. The term "Source Code" means the preferred
36 form of the Original Work for making modifications to it and all available
37 documentation describing how to modify the Original Work. Licensor hereby
38 agrees to provide a machine-readable copy of the Source Code of the
39 Original Work along with each copy of the Original Work that Licensor
40 distributes. Licensor reserves the right to satisfy this obligation by
41 placing a machine-readable copy of the Source Code in an information
42 repository reasonably calculated to permit inexpensive and convenient
43 access by You for as long as Licensor continues to distribute the Original
44 Work, and by publishing the address of that information repository in a
45 notice immediately following the copyright notice that applies to the
48 4) Exclusions From License Grant. Neither the names of Licensor, nor the
49 names of any contributors to the Original Work, nor any of their trademarks
50 or service marks, may be used to endorse or promote products derived from
51 this Original Work without express prior written permission of the
52 Licensor. Nothing in this License shall be deemed to grant any rights to
53 trademarks, copyrights, patents, trade secrets or any other intellectual
54 property of Licensor except as expressly stated herein. No patent license
55 is granted to make, use, sell or offer to sell embodiments of any patent
56 claims other than the licensed claims defined in Section 2. No right is
57 granted to the trademarks of Licensor even if such marks are included in
58 the Original Work. Nothing in this License shall be interpreted to prohibit
59 Licensor from licensing under different terms from this License any
60 Original Work that Licensor otherwise would have a right to license.
62 5) External Deployment. The term "External Deployment" means the use or
63 distribution of the Original Work or Derivative Works in any way such that
64 the Original Work or Derivative Works may be used by anyone other than You,
65 whether the Original Work or Derivative Works are distributed to those
66 persons or made available as an application intended for use over a
67 computer network. As an express condition for the grants of license
68 hereunder, You agree that any External Deployment by You of a Derivative
69 Work shall be deemed a distribution and shall be licensed to all under the
70 terms of this License, as prescribed in section 1(c) herein.
72 6) Attribution Rights. You must retain, in the Source Code of any
73 Derivative Works that You create, all copyright, patent or trademark
74 notices from the Source Code of the Original Work, as well as any notices
75 of licensing and any descriptive text identified therein as an "Attribution
76 Notice." You must cause the Source Code for any Derivative Works that You
77 create to carry a prominent Attribution otice reasonably calculated to
78 inform recipients that You have modified the Original Work.
80 7) Warranty of Provenance and Disclaimer of Warranty. Licensor warrants
81 that the copyright in and to the Original Work and the patent rights
82 granted herein by Licensor are owned by the Licensor or are sublicensed to
83 You under the terms of this License with the permission of the
84 contributor(s) of those copyrights and patent rights. Except as expressly
85 stated in the immediately proceeding sentence, the Original Work is
86 provided under this License on an "AS IS" BASIS and WITHOUT WARRANTY,
87 either express or implied, including, without limitation, the warranties of
88 NON-INFRINGEMENT, MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. THE
89 ENTIRE RISK AS TO THE QUALITY OF THE ORIGINAL WORK IS WITH YOU. This
90 DISCLAIMER OF WARRANTY constitutes an essential part of this License. No
91 license to Original Work is granted hereunder except under this disclaimer.
93 8) Limitation of Liability. Under no circumstances and under no legal
94 theory, whether in tort (including negligence), contract, or otherwise,
95 shall the Licensor be liable to any person for any direct, indirect,
96 special, incidental, or consequential damages of any character arising as a
97 result of this License or the use of the Original Work including, without
98 limitation, damages for loss of goodwill, work stoppage, computer failure
99 or malfunction, or any and all other commercial damages or losses. This
100 limitation of liability shall not apply to liability for death or personal
101 injury resulting from Licensor's negligence to the extent applicable law
102 prohibits such limitation. Some jurisdictions do not allow the exclusion or
103 limitation of incidental or consequential damages, so this exclusion and
104 limitation may not apply to You.
106 9) Acceptance and Termination. If You distribute copies of the Original
107 Work or a Derivative Work, You must make a reasonable effort under the
108 circumstances to obtain the express assent of recipients to the terms of
109 this License. Nothing else but this License (or another written agreement
110 between Licensor and You) grants You permission to create Derivative Works
111 based upon the Original Work or to exercise any of the rights granted in
112 Section 1 herein, and any attempt to do so except under the terms of this
113 License (or another written agreement between Licensor and You) is
114 expressly prohibited by U.S. copyright law, the equivalent laws of other
115 countries, and by international treaty. Therefore, by exercising any of the
116 rights granted to You in Section 1 herein, You indicate Your acceptance of
117 this License and all of its terms and conditions. This License shall
118 terminate immediately and you may no longer exercise any of the rights
119 granted to You by this License upon Your failure to honor the proviso in
122 10) Termination for Patent Action. This License shall terminate
123 automatically and You may no longer exercise any of the rights granted to
124 You by this License as of the date You commence an action, including a
125 cross-claim or counterclaim, for patent infringement (i) against Licensor
126 with respect to a patent applicable to software or (ii) against any entity
127 with respect to a patent applicable to the Original Work (but excluding
128 combinations of the Original Work with other software or hardware).
130 11) Jurisdiction, Venue and Governing Law. Any action or suit relating to
131 this License may be brought only in the courts of a jurisdiction wherein
132 the Licensor resides or in which Licensor conducts its primary business,
133 and under the laws of that jurisdiction excluding its conflict-of-law
134 provisions. The application of the United Nations Convention on Contracts
135 for the International Sale of Goods is expressly excluded. Any use of the
136 Original Work outside the scope of this License or after its termination
137 shall be subject to the requirements and penalties of the U.S. Copyright
138 Act, 17 U.S.C. ยง 101 et seq., the equivalent laws of other countries, and
139 international treaty. This section shall survive the termination of this
142 12) Attorneys Fees. In any action to enforce the terms of this License or
143 seeking damages relating thereto, the prevailing party shall be entitled to
144 recover its costs and expenses, including, without limitation, reasonable
145 attorneys' fees and costs incurred in connection with such action,
146 including any appeal of such action. This section shall survive the
147 termination of this License.
149 13) Miscellaneous. This License represents the complete agreement
150 concerning the subject matter hereof. If any provision of this License is
151 held to be unenforceable, such provision shall be reformed only to the
152 extent necessary to make it enforceable.
154 14) Definition of "You" in This License. "You" throughout this License,
155 whether in upper or lower case, means an individual or a legal entity
156 exercising rights under, and complying with all of the terms of, this
157 License. For legal entities, "You" includes any entity that controls, is
158 controlled by, or is under common control with you. For purposes of this
159 definition, "control" means (i) the power, direct or indirect, to cause the
160 direction or management of such entity, whether by contract or otherwise,
161 or (ii) ownership of fifty percent (50%) or more of the outstanding shares,
162 or (iii) beneficial ownership of such entity.
164 15) Right to Use. You may use the Original Work in all ways not otherwise
165 restricted or conditioned by this License or by law, and Licensor promises
166 not to interfere with or be responsible for such uses by You.
168 This license is Copyright (C) 2003 Lawrence E. Rosen. All rights reserved.
169 Permission is hereby granted to copy and distribute this license without
170 modification. This license may not be modified without the express written
171 permission of its copyright owner.