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LICENSE
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Open Software License v. 3.0 (OSL-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.