154 lines
8.7 KiB
Plaintext
154 lines
8.7 KiB
Plaintext
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,
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royalty-free, non-exclusive, perpetual, non-sublicenseable license to do the
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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
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public, with the proviso that copies of Original Work or Derivative Works that
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You 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-
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free, non-exclusive, perpetual, non-sublicenseable license, under patent
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claims owned or controlled by the Licensor that are embodied in the Original
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Work as furnished by the Licensor ("Licensed Claims") to make, use, sell and
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offer for sale the Original Work. Licensor hereby grants You a world-wide,
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royalty-free, non-exclusive, perpetual, non-sublicenseable license under the
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Licensed Claims 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
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distributes. Licensor reserves the right to satisfy this obligation by placing
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a machine-readable copy of the Source Code in an information repository
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reasonably calculated to permit inexpensive and convenient access by You for
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as long as Licensor continues to distribute the Original Work, and by
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publishing the address of that information repository in a notice immediately
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following the copyright notice that applies to the Original Work.
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4) Exclusions From License Grant. Nothing in this License shall be deemed to
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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. No
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patent license is granted to make, use, sell or offer to sell embodiments of
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any patent claims other than the Licensed Claims defined in Section 2. No
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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
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distribution of the Original Work or Derivative Works in any way such that the
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Original Work or Derivative Works may be accessed or used by anyone other than
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You, whether the Original Work or Derivative Works are distributed to those
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persons, made available as an application intended for use over a computer
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network, or used to provide services or otherwise deliver content to anyone
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other than You. As an express condition for the grants of license hereunder,
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You agree that any External Deployment by You shall be deemed a distribution
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and shall be licensed to all under the terms of this License, as prescribed in
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section 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 WORK
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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, THE
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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
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WARRANTY OF NON-INFRINGEMENT AND WARRANTIES THAT THE ORIGINAL WORK IS
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MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE
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QUALITY OF THE ORIGINAL WORK IS WITH YOU. THIS DISCLAIMER OF WARRANTY
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CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO LICENSE TO ORIGINAL WORK IS
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GRANTED HEREUNDER EXCEPT 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
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LICENSOR BE LIABLE TO ANY PERSON FOR ANY DIRECT, INDIRECT, SPECIAL,
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INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING AS A RESULT OF
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THIS LICENSE OR THE USE OF THE ORIGINAL WORK INCLUDING, WITHOUT LIMITATION,
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DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION,
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OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PERSON SHALL
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HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
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LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING
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FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH
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LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
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INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT
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APPLY TO YOU.
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8) Acceptance and Termination. Nothing else but this License (or another
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written agreement between Licensor and You) grants You permission to create
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Derivative Works based upon the Original Work, and any attempt to do so except
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under the terms of this License (or another written agreement between Licensor
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and 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 of
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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
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Section 1(c) herein.
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9) Mutual Termination for Patent Action. This License shall terminate
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automatically and You may no longer exercise any of the rights granted to You
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by this License if You file a lawsuit in any court alleging that any OSI
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Certified open source software that is licensed under any license containing
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this "Mutual Termination for Patent Action" clause infringes any patent claims
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that are essential to 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
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conflict-of-law provisions. The application of the United Nations Convention
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on Contracts for the International Sale of Goods is expressly excluded. Any
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use of the Original Work outside the scope of this License or after its
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termination shall be subject to the requirements and penalties of the U.S.
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Copyright Act, 17 U.S.C. § 101 et seq., the equivalent laws of other
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countries, and international treaty. This section shall survive the
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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,
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including any appeal of such action. This section shall survive the
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termination of this 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,
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whether in upper or lower case, means an individual or a legal entity
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exercising rights under, and complying with all of the terms of, this License.
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For legal entities, "You" includes any entity that controls, is controlled by,
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or is under common control with you. For purposes of this definition,
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"control" means (i) the power, direct or indirect, to cause the direction or
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management of such entity, whether by contract or otherwise, or (ii) ownership
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of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial
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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
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modification. This license may not be modified without the express written
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permission of its copyright owner.
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