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LICENSE
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OPEN SOFTWARE LICENSE 3.0 (OSL-3.0)
This Open Software License (the "License") applies to any original work
of authorship (the "Original Work") whose owner (the "Licensor") has
placed the following licensing notice adjacent to the copyright notice
for the Original Work:
Licensed under the Open Software License version 3.0
1) Grant of Copyright License. Licensor grants You a worldwide,
royalty-free, non-exclusive, sublicensable license, for the duration of
the copyright, to do the following:
a) to reproduce the Original Work in copies, either alone or as part of
a collective work;
b) to translate, adapt, alter, transform, modify, or arrange the
Original Work, thereby creating derivative works ("Derivative Works")
based upon the Original Work;
c) to distribute or communicate 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 or communicate shall be
licensed under this Open Software License;
d) to perform the Original Work publicly; and
e) to display the Original Work publicly.
2) Grant of Patent License. Licensor grants You a worldwide, royalty-free,
non-exclusive, sublicensable license, under patent claims owned or
controlled by the Licensor that are embodied in the Original Work as
furnished by the Licensor, for the duration of the patents, to make, use,
sell, offer for sale, have made, and import 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 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.
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 permission of the
Licensor. Except as expressly stated herein, nothing in this License
grants any license to Licensor's trademarks, copyrights, patents, trade
secrets or any other intellectual property. No patent license is granted
to make, use, sell, offer for sale, have made, or import embodiments of
any patent claims other than the licensed claims defined in Section 2.
No license 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 terms different 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,
distribution, or communication 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 those works are distributed or communicated
to those persons or made available as an application intended for use over
a network. As an express condition for the grants of license hereunder, You
must treat any External Deployment by You of the Original Work or a
Derivative Work as a distribution under section 1(c).
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
preceding 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 the Original Work is granted
by this License 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 anyone for any 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 the extent applicable law prohibits such limitation.
9) Acceptance and Termination. If, at any time, You expressly assented to
this License, that assent indicates your clear and irrevocable acceptance of
this License and all of its terms and conditions. If You distribute or
communicate 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. This License conditions your rights
to undertake the activities listed in Section 1, including your right to
create Derivative Works based upon the Original Work, and doing so without
honoring these terms and conditions is prohibited by copyright law and
international treaty. Nothing in this License is intended to affect copyright
exceptions and limitations (including "fair use" or "fair dealing"). 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
conditions in Section 1(c).
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, against Licensor or any licensee alleging that the Original
Work infringes a patent. This termination provision shall not apply for an
action alleging patent infringement by 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 copyright or patent law in the
appropriate jurisdiction. 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. 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.
16) Modification of This License. This License is Copyright © 2005
Lawrence Rosen. Permission is granted to copy, distribute, or
communicate this License without modification. Nothing in this License
permits You to modify this License as applied to the Original Work or
to Derivative Works. However, You may modify the text of this License
and copy, distribute or communicate your modified version (the "Modified
License") and apply it to other original works of authorship subject to
the following conditions: (i) You may not indicate in any way that your
Modified License is the "Open Software License" or "OSL" and you may not
use those names in the name of your Modified License; (ii) You must replace
the notice specified in the first paragraph above with the notice
"Licensed under <insert your license name here>" or with a notice of your
own that is not confusingly similar to the notice in this License; and
(iii) You may not claim that your original works are open source software
unless your Modified License has been approved by Open Source Initiative
(OSI) and You comply with its license review and certification process.