The Open Software License v. 1.0

    4: This Open Software License (the "License") applies to any original
    5: work of authorship (the "Original Work") whose owner (the "Licensor")
    6: has placed the following notice immediately following the copyright
    7: notice for the Original Work: "Licensed under the Open Software
    8: License version 1.0"
    9: 
   10: License Terms
   11: 
   12: 1) Grant of Copyright License. Licensor hereby grants You a
   13: world-wide, royalty-free, non-exclusive, perpetual, non-sublicenseable
   14: license to do the following:
   15: 
   16:   a) to reproduce the Original Work in copies;
   17:   
   18:   b) to prepare derivative works ("Derivative Works") based upon the
   19:   Original Work;
   20:   
   21:   c) to distribute copies of the Original Work and Derivative Works
   22:   to the public, with the proviso that copies of Original Work or
   23:   Derivative Works that You distribute shall be licensed under the
   24:   Open Software License;
   25:   
   26:   d) to perform the Original Work publicly; and
   27:   
   28:   e) to display the Original Work publicly.
   29:   
   30: 2) Grant of Patent License. Licensor hereby grants You a world-wide,
   31: royalty-free, non-exclusive, perpetual, non-sublicenseable license,
   32: under patent claims owned or controlled by the Licensor that are
   33: embodied in the Original Work as furnished by the Licensor ("Licensed
   34: Claims") to make, use, sell and offer for sale the Original Work.
   35: Licensor hereby grants You a world-wide, royalty-free, non-exclusive,
   36: perpetual, non-sublicenseable license under the Licensed Claims to
   37: make, use, sell and offer for sale Derivative Works.
   38: 
   39: 3) Grant of Source Code License. The term "Source Code" means the
   40: preferred form of the Original Work for making modifications to it and
   41: all available documentation describing how to access and modify the
   42: Original Work. Licensor hereby agrees to provide a machine-readable
   43: copy of the Source Code of the Original Work along with each copy of
   44: the Original Work that Licensor distributes. Licensor reserves the
   45: right to satisfy this obligation by placing a machine-readable copy of
   46: the Source Code in an information repository reasonably calculated to
   47: permit inexpensive and convenient access by You for as long as
   48: Licensor continues to distribute the Original Work, and by publishing
   49: the address of that information repository in a notice immediately
   50: following the copyright notice that applies to the Original Work.
   51: 
   52: 4) Exclusions From License Grant. Nothing in this License shall be
   53: deemed to grant any rights to trademarks, copyrights, patents, trade
   54: secrets or any other intellectual property of Licensor except as
   55: expressly stated herein. No patent license is granted to make, use,
   56: sell or offer to sell embodiments of any patent claims other than the
   57: Licensed Claims defined in Section 2. No right is granted to the
   58: trademarks of Licensor even if such marks are included in the Original
   59: Work. Nothing in this License shall be interpreted to prohibit
   60: Licensor from licensing under different terms from this License any
   61: Original Work that Licensor otherwise would have a right to license.
   62: 
   63: 5) External Deployment. The term "External Deployment" means the use
   64: or distribution of the Original Work or Derivative Works in any way
   65: such that the Original Work or Derivative Works may be accessed or
   66: used by anyone other than You, whether the Original Work or Derivative
   67: Works are distributed to those persons, made available as an
   68: application intended for use over a computer network, or used to
   69: provide services or otherwise deliver content to anyone other than
   70: You. As an express condition for the grants of license hereunder, You
   71: agree that any External Deployment by You shall be deemed a
   72: distribution and shall be licensed to all under the terms of this
   73: License, as prescribed in section 1(c) herein.
   74: 
   75: 6) Warranty and Disclaimer of Warranty. LICENSOR WARRANTS THAT THE
   76: COPYRIGHT IN AND TO THE ORIGINAL WORK IS OWNED BY THE LICENSOR OR THAT
   77: THE ORIGINAL WORK IS DISTRIBUTED BY LICENSOR UNDER A VALID CURRENT
   78: LICENSE FROM THE COPYRIGHT OWNER. EXCEPT AS EXPRESSLY STATED IN THE
   79: IMMEDIATELY PRECEEDING SENTENCE, THE ORIGINAL WORK IS PROVIDED UNDER
   80: THIS LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY, EITHER EXPRESS OR
   81: IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTY OF
   82: NON-INFRINGEMENT AND WARRANTIES THAT THE ORIGINAL WORK IS MERCHANTABLE
   83: OR FIT FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY OF
   84: THE ORIGINAL WORK IS WITH YOU. THIS DISCLAIMER OF WARRANTY CONSTITUTES
   85: AN ESSENTIAL PART OF THIS LICENSE. NO LICENSE TO ORIGINAL WORK IS
   86: GRANTED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
   87: 
   88: 7) Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL
   89: THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE,
   90: SHALL THE LICENSOR BE LIABLE TO ANY PERSON FOR ANY DIRECT, INDIRECT,
   91: SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING
   92: AS A RESULT OF THIS LICENSE OR THE USE OF THE ORIGINAL WORK INCLUDING,
   93: WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE,
   94: COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL
   95: DAMAGES OR LOSSES, EVEN IF SUCH PERSON SHALL HAVE BEEN INFORMED OF THE
   96: POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT
   97: APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH
   98: PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH
   99: LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
  100: LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION
  101: AND LIMITATION MAY NOT APPLY TO YOU.
  102: 
  103: 8) Acceptance and Termination. Nothing else but this License (or
  104: another written agreement between Licensor and You) grants You
  105: permission to create Derivative Works based upon the Original Work,
  106: and any attempt to do so except under the terms of this License (or
  107: another written agreement between Licensor and You) is expressly
  108: prohibited by U.S. copyright law, the equivalent laws of other
  109: countries, and by international treaty. Therefore, by exercising any
  110: of the rights granted to You in Sections 1 and 2 herein, You indicate
  111: Your acceptance of this License and all of its terms and conditions.
  112: This license shall terminate immediately and you may no longer
  113: exercise any of the rights granted to You by this License upon Your
  114: failure to honor the proviso in Section 1(c) herein.
  115: 
  116: 9) Mutual Termination for Patent Action. This License shall terminate
  117: automatically and You may no longer exercise any of the rights granted
  118: to You by this License if You file a lawsuit in any court alleging
  119: that any OSI Certified open source software that is licensed under any
  120: license containing this "Mutual Termination for Patent Action" clause
  121: infringes any patent claims that are essential to use that software.
  122: 
  123: 10) Jurisdiction, Venue and Governing Law. You agree that any lawsuit
  124: arising under or relating to this License shall be maintained in the
  125: courts of the jurisdiction wherein the Licensor resides or in which
  126: Licensor conducts its primary business, and under the laws of that
  127: jurisdiction excluding its conflict-of-law provisions. The application
  128: of the United Nations Convention on Contracts for the International
  129: Sale of Goods is expressly excluded. Any use of the Original Work
  130: outside the scope of this License or after its termination shall be
  131: subject to the requirements and penalties of the U.S. Copyright Act,
  132: 17 U.S.C. § 101 et seq., the equivalent laws of other countries, and
  133: international treaty. This section shall survive the termination of
  134: this License.
  135: 
  136: 11) Attorneys Fees. In any action to enforce the terms of this License
  137: or seeking damages relating thereto, the prevailing party shall be
  138: entitled to recover its costs and expenses, including, without
  139: limitation, reasonable attorneys' fees and costs incurred in
  140: connection with such action, including any appeal of such action. This
  141: section shall survive the termination of this License.
  142: 
  143: 12) Miscellaneous. This License represents the complete agreement
  144: concerning the subject matter hereof. If any provision of this License
  145: is held to be unenforceable, such provision shall be reformed only to
  146: the extent necessary to make it enforceable.
  147: 
  148: 13) Definition of "You" in This License. "You" throughout this
  149: License, whether in upper or lower case, means an individual or a
  150: legal entity exercising rights under, and complying with all of the
  151: terms of, this License. For legal entities, "You" includes any entity
  152: that controls, is controlled by, or is under common control with you.
  153: For purposes of this definition, "control" means (i) the power, direct
  154: or indirect, to cause the direction or management of such entity,
  155: whether by contract or otherwise, or (ii) ownership of fifty percent
  156: (50%) or more of the outstanding shares, or (iii) beneficial ownership
  157: of such entity.
  158: 
  159: This license is Copyright (C) 2002 Lawrence E. Rosen. All rights
  160: reserved. Permission is hereby granted to copy and distribute this
  161: license without modification. This license may not be modified without
  162: the express written permission of its copyright owner.