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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.
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