Open Software License v. 2.0
This Open Software License (the "License") applies
to any original work of authorship (the "Original
Work") whose owner (the "Licensor") has placed
the following notice immediately following the copyright notice
for the Original Work:
Licensed under the Open Software License version 2.0
1) Grant of Copyright License. Licensor hereby grants
You a world-wide, royalty-free, non-exclusive, perpetual,
sblicenseable license to do the following:
a) to reproduce the Original Work in copies;
b) to prepare derivative works ("Derivative
Works") based upon the Original Work;
c) to distribute 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 shall be
licensed under the Open Software License;
d) to perform the Original Work publicly; and
e) to display the Original Work publicly.
2) Grant of Patent License. Licensor hereby grants You
a world-wide, royalty-free, non-exclusive, perpetual,
sublicenseable license, under patent claims owned or controlled
by the Licensor that are embodied in the Original Work as
furnished by the Licensor, to make, use, sell and offer for sale
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 hereby
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, and by
publishing the address of that information repository in a
notice immediately following the copyright notice that applies
to 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 written permission of the Licensor.
Nothing in this License shall be deemed to grant any rights to
trademarks, copyrights, patents, trade secrets or any other
intellectual property of Licensor except as expressly stated
herein. No patent license is granted to make, use, sell or offer
to sell embodiments of any patent claims other than the licensed
claims defined in Section 2. No right 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 different terms 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 or distribution 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 the Original Work or Derivative Works are distributed to
those persons or made available as an application intended for
use over a computer network. As an express condition for the
grants of license hereunder, You agree that any External
Deployment by You of a Derivative Work shall be deemed a
distribution and shall be licensed to all under the terms of
this License, as prescribed in section 1(c) herein.
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 proceeding 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 Original Work is granted hereunder 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 any
person for any direct, 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 liability for death or personal injury resulting from
Licensor's negligence to the extent applicable law prohibits
such limitation. Some jurisdictions do not allow the exclusion
or limitation of incidental or consequential damages, so this
exclusion and limitation may not apply to You.
9) Acceptance and Termination. If You distribute
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.
Nothing else but this License (or another written agreement
between Licensor and You) grants You permission to create
Derivative Works based upon the Original Work or to exercise any
of the rights granted in Section 1 herein, and any attempt to do
so except under the terms of this License (or another written
agreement between Licensor and You) is expressly prohibited by
U.S. copyright law, the equivalent laws of other countries, and
by international treaty. Therefore, by exercising any of the
rights granted to You in Section 1 herein, You indicate Your
acceptance of this License and all of its terms and conditions.
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 proviso in Section 1(c) herein.
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, for
patent infringement (i) against Licensor with respect to a
patent applicable to software or (ii) against any entity with
respect to a patent applicable to the Original Work (but
excluding 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 the U.S. Copyright Act, 17 U.S.C. 101 et seq., the
equivalent laws of other countries, and international treaty.
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. This License represents the
complete agreement concerning the subject matter hereof. 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.
This license is Copyright (C) 2003 Lawrence E. Rosen. All
rights reserved. Permission is hereby granted to copy and
distribute this license without modification. This license may
not be modified without the express written permission of its
copyright owner.
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