149 lines
8.7 KiB
Text
149 lines
8.7 KiB
Text
The Open Software License v. 1.0
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This Open Software License (the "License") applies to any original work of
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authorship (the "Original Work") whose owner (the "Licensor") has placed the
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following notice immediately following the copyright notice for the Original
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Work:
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"Licensed under the Open Software License version 1.0"
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License Terms
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1) Grant of Copyright License. Licensor hereby grants You a world-wide, royalty-free,
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non-exclusive, perpetual, non-sublicenseable license to do the following:
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a) to reproduce the Original Work in copies;
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b) to prepare derivative works ("Derivative Works") based upon the Original
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Work;
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c) to distribute copies of the Original Work and Derivative Works to the public,
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with the proviso that copies of Original Work or Derivative Works that You
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distribute shall be licensed under the Open Software License;
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d) to perform the Original Work publicly; and
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e) to display the Original Work publicly.
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2) Grant of Patent License. Licensor hereby grants You a world-wide, royalty-free,
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non-exclusive, perpetual, non-sublicenseable license, under patent claims
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owned or controlled by the Licensor that are embodied in the Original Work
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as furnished by the Licensor ("Licensed Claims") to make, use, sell and offer
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for sale the Original Work. Licensor hereby grants You a world-wide, royalty-free,
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non-exclusive, perpetual, non-sublicenseable license under the Licensed Claims
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to make, use, sell and offer for sale Derivative Works.
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3) Grant of Source Code License. The term "Source Code" means the preferred
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form of the Original Work for making modifications to it and all available
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documentation describing how to access and modify the Original Work. Licensor
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hereby agrees to provide a machine-readable copy of the Source Code of the
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Original Work along with each copy of the Original Work that Licensor distributes.
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Licensor reserves the right to satisfy this obligation by placing a machine-readable
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copy of the Source Code in an information repository reasonably calculated
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to permit inexpensive and convenient access by You for as long as Licensor
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continues to distribute the Original Work, and by publishing the address of
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that information repository in a notice immediately following the copyright
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notice that applies to the Original Work.
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4) Exclusions From License Grant. Nothing in this License shall be deemed
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to grant any rights to trademarks, copyrights, patents, trade secrets or any
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other intellectual property of Licensor except as expressly stated herein.
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No patent license is granted to make, use, sell or offer to sell embodiments
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of any patent claims other than the Licensed Claims defined in Section 2.
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No right is granted to the trademarks of Licensor even if such marks are included
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in the Original Work. Nothing in this License shall be interpreted to prohibit
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Licensor from licensing under different terms from this License any Original
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Work that Licensor otherwise would have a right to license.
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5) External Deployment. The term "External Deployment" means the use or distribution
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of the Original Work or Derivative Works in any way such that the Original
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Work or Derivative Works may be accessed or used by anyone other than You,
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whether the Original Work or Derivative Works are distributed to those persons,
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made available as an application intended for use over a computer network,
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or used to provide services or otherwise deliver content to anyone other than
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You. As an express condition for the grants of license hereunder, You agree
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that any External Deployment by You shall be deemed a distribution and shall
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be licensed to all under the terms of this License, as prescribed in section
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1(c) herein.
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6) Warranty and Disclaimer of Warranty. LICENSOR WARRANTS THAT THE COPYRIGHT
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IN AND TO THE ORIGINAL WORK IS OWNED BY THE LICENSOR OR THAT THE ORIGINAL
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WORK IS DISTRIBUTED BY LICENSOR UNDER A VALID CURRENT LICENSE FROM THE COPYRIGHT
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OWNER. EXCEPT AS EXPRESSLY STATED IN THE IMMEDIATELY PRECEEDING SENTENCE,
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THE ORIGINAL WORK IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT
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WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTY
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OF NON-INFRINGEMENT AND WARRANTIES THAT THE ORIGINAL WORK IS MERCHANTABLE
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OR FIT FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY OF THE
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ORIGINAL WORK IS WITH YOU. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL
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PART OF THIS LICENSE. NO LICENSE TO ORIGINAL WORK IS GRANTED HEREUNDER EXCEPT
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UNDER THIS DISCLAIMER.
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7) Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY,
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WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE LICENSOR
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BE LIABLE TO ANY PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR
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CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING AS A RESULT OF THIS LICENSE
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OR THE USE OF THE ORIGINAL WORK INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
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LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND
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ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PERSON SHALL HAVE BEEN
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INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY
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SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH
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PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.
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SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
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OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO
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YOU.
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8) Acceptance and Termination. Nothing else but this License (or another written
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agreement between Licensor and You) grants You permission to create Derivative
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Works based upon the Original Work, and any attempt to do so except under
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the terms of this License (or another written agreement between Licensor and
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You) is expressly prohibited by U.S. copyright law, the equivalent laws of
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other countries, and by international treaty. Therefore, by exercising any
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of the rights granted to You in Sections 1 and 2 herein, You indicate Your
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acceptance of this License and all of its terms and conditions. This license
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shall terminate immediately and you may no longer exercise any of the rights
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granted to You by this License upon Your failure to honor the proviso in Section
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1(c) herein.
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9) Mutual Termination for Patent Action. This License shall terminate automatically
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and You may no longer exercise any of the rights granted to You by this License
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if You file a lawsuit in any court alleging that any OSI Certified open source
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software that is licensed under any license containing this "Mutual Termination
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for Patent Action" clause infringes any patent claims that are essential to
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use that software.
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10) Jurisdiction, Venue and Governing Law. You agree that any lawsuit arising
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under or relating to this License shall be maintained in the courts of the
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jurisdiction wherein the Licensor resides or in which Licensor conducts its
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primary business, and under the laws of that jurisdiction excluding its conflict-of-law
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provisions. The application of the United Nations Convention on Contracts
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for the International Sale of Goods is expressly excluded. Any use of the
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Original Work outside the scope of this License or after its termination shall
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be subject to the requirements and penalties of the U.S. Copyright Act, 17
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U.S.C. § 101 et seq., the equivalent laws of other countries, and international
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treaty. This section shall survive the termination of this License.
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11) Attorneys Fees. In any action to enforce the terms of this License or
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seeking damages relating thereto, the prevailing party shall be entitled to
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recover its costs and expenses, including, without limitation, reasonable
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attorneys' fees and costs incurred in connection with such action, including
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any appeal of such action. This section shall survive the termination of this
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License.
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12) Miscellaneous. This License represents the complete agreement concerning
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the subject matter hereof. If any provision of this License is held to be
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unenforceable, such provision shall be reformed only to the extent necessary
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to make it enforceable.
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13) Definition of "You" in This License. "You" throughout this License, whether
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in upper or lower case, means an individual or a legal entity exercising rights
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under, and complying with all of the terms of, this License. For legal entities,
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"You" includes any entity that controls, is controlled by, or is under common
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control with you. For purposes of this definition, "control" means (i) the
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power, direct or indirect, to cause the direction or management of such entity,
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whether by contract or otherwise, or (ii) ownership of fifty percent (50%)
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or more of the outstanding shares, or (iii) beneficial ownership of such entity.
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This license is Copyright (C) 2002 Lawrence E. Rosen. All rights reserved.
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Permission is hereby granted to copy and distribute this license without modification.
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This license may not be modified without the express written permission of
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its copyright owner.
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