150 lines
8.7 KiB
Plaintext
150 lines
8.7 KiB
Plaintext
The Open Software License v. 1.0
|
|
|
|
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 1.0 "
|
|
|
|
License Terms
|
|
|
|
1) Grant of Copyright License. Licensor hereby grants You a world-wide, royalty-free,
|
|
non-exclusive, perpetual, non-sublicenseable 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, non-sublicenseable license, under patent claims
|
|
owned or controlled by the Licensor that are embodied in the Original Work
|
|
as furnished by the Licensor ("Licensed Claims") to make, use, sell and offer
|
|
for sale the Original Work. Licensor hereby grants You a world-wide, royalty-free,
|
|
non-exclusive, perpetual, non-sublicenseable license under the Licensed Claims
|
|
to make, use, sell and offer for sale 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 access and 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. 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 accessed or used by anyone other than You,
|
|
whether the Original Work or Derivative Works are distributed to those persons,
|
|
made available as an application intended for use over a computer network,
|
|
or used to provide services or otherwise deliver content to anyone other than
|
|
You. As an express condition for the grants of license hereunder, You agree
|
|
that any External Deployment by You 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) Warranty and Disclaimer of Warranty. LICENSOR WARRANTS THAT THE COPYRIGHT
|
|
IN AND TO THE ORIGINAL WORK IS OWNED BY THE LICENSOR OR THAT THE ORIGINAL
|
|
WORK IS DISTRIBUTED BY LICENSOR UNDER A VALID CURRENT LICENSE FROM THE COPYRIGHT
|
|
OWNER. EXCEPT AS EXPRESSLY STATED IN THE IMMEDIATELY PRECEEDING SENTENCE,
|
|
THE ORIGINAL WORK IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT
|
|
WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTY
|
|
OF NON-INFRINGEMENT AND WARRANTIES THAT THE ORIGINAL WORK IS MERCHANTABLE
|
|
OR FIT 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.
|
|
|
|
7) Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY,
|
|
WHETHER 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, EVEN IF SUCH PERSON SHALL HAVE BEEN
|
|
INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY
|
|
SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH
|
|
PARTY'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.
|
|
|
|
8) Acceptance and Termination. 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, 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 Sections 1 and 2 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.
|
|
|
|
9) Mutual 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
|
|
if You file a lawsuit in any court alleging that any OSI Certified open source
|
|
software that is licensed under any license containing this "Mutual Termination
|
|
for Patent Action" clause infringes any patent claims that are essential to
|
|
use that software.
|
|
|
|
10) Jurisdiction, Venue and Governing Law. You agree that any lawsuit arising
|
|
under or relating to this License shall be maintained in the courts of the
|
|
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.
|
|
|
|
11) 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.
|
|
|
|
12) 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.
|
|
|
|
13) 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.
|
|
|
|
This license is Copyright (C) 2002 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.
|