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167 lines
9.4 KiB
167 lines
9.4 KiB
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The Open Software License
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v. 1.1
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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 1.1
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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
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Original Work;
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c) to distribute copies of the Original Work and Derivative Works to
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the public, with the proviso that copies of Original Work or
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Derivative Works that You distribute shall be licensed under the
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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,
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royalty-free, non-exclusive, perpetual, non-sublicenseable license, under
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patent claims owned or controlled by the Licensor that are embodied in the
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Original Work as furnished by the Licensor ("Licensed Claims") to make, use,
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sell and offer for sale the Original Work. Licensor hereby grants You a
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world-wide, royalty-free, non-exclusive, perpetual, non-sublicenseable license
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under the 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 modify the Original Work. Licensor hereby
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agrees to provide a machine-readable copy of the Source Code of the Original
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Work along with each copy of the Original Work that Licensor distributes.
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Licensor reserves the right to satisfy this obligation by placing a
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machine-readable copy of the Source Code in an information repository reasonably
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calculated to permit inexpensive and convenient access by You for as long as
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Licensor continues to distribute the Original Work, and by publishing the
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address of that information repository in a notice immediately following the
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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 used by anyone other than You,
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whether the Original Work or Derivative Works are distributed to those persons
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or made available as an application intended for use over a computer network.
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As an express condition for the grants of license hereunder, You agree that
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any External Deployment by You of a Derivative Work shall be deemed a
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distribution and shall be licensed to all under the terms of this License, as
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prescribed in section 1(c) herein.
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6) Attribution Rights. You must retain, in the Source Code of any Derivative
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Works that You create, all copyright, patent or trademark notices from the
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Source Code of the Original Work, as well as any notices of licensing and any
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descriptive text identified therein as an "Attribution Notice." You must cause
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the Source Code for any Derivative Works that You create to carry a prominent
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Attribution Notice reasonably calculated to inform recipients that You have
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modified the Original Work.
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7) 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 proceeding sentence, the
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Original Work is provided under this License on an "AS IS" BASIS and WITHOUT
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WARRANTY, either express or implied, including, without limitation, the
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warranties of NON-INFRINGEMENT, MERCHANTABILITY or FITNESS FOR A PARTICULAR
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PURPOSE. THE ENTIRE RISK AS TO THE QUALITY OF THE ORIGINAL WORK IS WITH YOU.
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This DISCLAIMER OF WARRANTY constitutes an essential part of this License. No
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license to Original Work is granted hereunder except under this disclaimer.
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8) Limitation of Liability. Under no circumstances and under no legal theory,
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whether in tort (including negligence), contract, or otherwise, shall the
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Licensor be liable to any person for any direct, indirect, special, incidental,
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or consequential damages of any character arising as a result of this License
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or the use of the Original Work including, without limitation, damages for
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loss of goodwill, work stoppage, computer failure or malfunction, or any and
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all other commercial damages or losses. This limitation of liability shall not
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apply to liability for death or personal injury resulting from Licensor's
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negligence to the extent applicable law prohibits such limitation. Some
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jurisdictions do not allow the exclusion or limitation of incidental or
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consequential damages, so this exclusion and limitation may not apply to You.
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9) Acceptance and Termination. If You distribute copies of the Original Work
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or a Derivative Work, You must make a reasonable effort under the circumstances
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to obtain the express and volitional assent of recipients to the terms of this
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License. Nothing else but this License (or another written agreement between
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Licensor and You) grants You permission to create Derivative Works based upon
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the Original Work or to exercise any of the rights granted in Sections 1 herein,
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and any attempt to do so except under the terms of this License (or another
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written agreement between Licensor and You) is expressly prohibited by U.S.
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copyright law, the equivalent laws of other countries, and by international
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treaty. Therefore, by exercising any of the rights granted to You in Sections
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1 herein, You indicate Your acceptance of this License and all of its terms and
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conditions. This License shall terminate immediately and you may no longer
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exercise any of the rights granted to You by this License upon Your failure to
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honor the proviso in Section 1(c) herein.
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10) 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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11) Jurisdiction, Venue and Governing Law. Any action or suit relating to this
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License may be brought only in the courts of a jurisdiction wherein the Licensor
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resides or in which Licensor conducts its primary business, and under the laws
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of that jurisdiction excluding its conflict-of-law provisions. The application
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of the United Nations Convention on Contracts for the International Sale of
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Goods is expressly excluded. Any use of the Original Work outside the scope of
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this License or after its termination shall be subject to the requirements and
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penalties of the U.S. Copyright Act, 17 U.S.C. § 101 et seq., the equivalent
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laws of other countries, and international treaty. This section shall survive
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the termination of this License.
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12) 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, including
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any appeal of such action. This section shall survive the termination of this
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License.
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13) 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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14) 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 exercising
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rights under, and complying with all of the terms of, this License. For legal
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entities, "You" includes any entity that controls, is controlled by, or is under
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common control with you. For purposes of this definition, "control" means (i)
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the power, direct or indirect, to cause the direction or management of such
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entity, whether by contract or otherwise, or (ii) ownership of fifty percent
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(50%) or more of the outstanding shares, or (iii) beneficial ownership of such
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entity.
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15) Right to Use. You may use the Original Work in all ways not otherwise
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restricted or conditioned by this License or by law, and Licensor promises not
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to interfere with or be responsible for such uses by You.
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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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