1 The Open Software License 2 v. 1.0 3 4This Open Software License (the "License") applies to any original 5work of authorship (the "Original Work") whose owner (the "Licensor") 6has placed the following notice immediately following the copyright 7notice for the Original Work: "Licensed under the Open Software 8License version 1.0" 9 10License Terms 11 121) Grant of Copyright License. Licensor hereby grants You a 13world-wide, royalty-free, non-exclusive, perpetual, non-sublicenseable 14license 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. 29 302) Grant of Patent License. Licensor hereby grants You a world-wide, 31royalty-free, non-exclusive, perpetual, non-sublicenseable license, 32under patent claims owned or controlled by the Licensor that are 33embodied in the Original Work as furnished by the Licensor ("Licensed 34Claims") to make, use, sell and offer for sale the Original Work. 35Licensor hereby grants You a world-wide, royalty-free, non-exclusive, 36perpetual, non-sublicenseable license under the Licensed Claims to 37make, use, sell and offer for sale Derivative Works. 38 393) Grant of Source Code License. The term "Source Code" means the 40preferred form of the Original Work for making modifications to it and 41all available documentation describing how to access and modify the 42Original Work. Licensor hereby agrees to provide a machine-readable 43copy of the Source Code of the Original Work along with each copy of 44the Original Work that Licensor distributes. Licensor reserves the 45right to satisfy this obligation by placing a machine-readable copy of 46the Source Code in an information repository reasonably calculated to 47permit inexpensive and convenient access by You for as long as 48Licensor continues to distribute the Original Work, and by publishing 49the address of that information repository in a notice immediately 50following the copyright notice that applies to the Original Work. 51 524) Exclusions From License Grant. Nothing in this License shall be 53deemed to grant any rights to trademarks, copyrights, patents, trade 54secrets or any other intellectual property of Licensor except as 55expressly stated herein. No patent license is granted to make, use, 56sell or offer to sell embodiments of any patent claims other than the 57Licensed Claims defined in Section 2. No right is granted to the 58trademarks of Licensor even if such marks are included in the Original 59Work. Nothing in this License shall be interpreted to prohibit 60Licensor from licensing under different terms from this License any 61Original Work that Licensor otherwise would have a right to license. 62 635) External Deployment. The term "External Deployment" means the use 64or distribution of the Original Work or Derivative Works in any way 65such that the Original Work or Derivative Works may be accessed or 66used by anyone other than You, whether the Original Work or Derivative 67Works are distributed to those persons, made available as an 68application intended for use over a computer network, or used to 69provide services or otherwise deliver content to anyone other than 70You. As an express condition for the grants of license hereunder, You 71agree that any External Deployment by You shall be deemed a 72distribution and shall be licensed to all under the terms of this 73License, as prescribed in section 1(c) herein. 74 756) Warranty and Disclaimer of Warranty. LICENSOR WARRANTS THAT THE 76COPYRIGHT IN AND TO THE ORIGINAL WORK IS OWNED BY THE LICENSOR OR THAT 77THE ORIGINAL WORK IS DISTRIBUTED BY LICENSOR UNDER A VALID CURRENT 78LICENSE FROM THE COPYRIGHT OWNER. EXCEPT AS EXPRESSLY STATED IN THE 79IMMEDIATELY PRECEEDING SENTENCE, THE ORIGINAL WORK IS PROVIDED UNDER 80THIS LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY, EITHER EXPRESS OR 81IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTY OF 82NON-INFRINGEMENT AND WARRANTIES THAT THE ORIGINAL WORK IS MERCHANTABLE 83OR FIT FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY OF 84THE ORIGINAL WORK IS WITH YOU. THIS DISCLAIMER OF WARRANTY CONSTITUTES 85AN ESSENTIAL PART OF THIS LICENSE. NO LICENSE TO ORIGINAL WORK IS 86GRANTED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. 87 887) Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL 89THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, 90SHALL THE LICENSOR BE LIABLE TO ANY PERSON FOR ANY DIRECT, INDIRECT, 91SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING 92AS A RESULT OF THIS LICENSE OR THE USE OF THE ORIGINAL WORK INCLUDING, 93WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, 94COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL 95DAMAGES OR LOSSES, EVEN IF SUCH PERSON SHALL HAVE BEEN INFORMED OF THE 96POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT 97APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH 98PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH 99LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR 100LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION 101AND LIMITATION MAY NOT APPLY TO YOU. 102 1038) Acceptance and Termination. Nothing else but this License (or 104another written agreement between Licensor and You) grants You 105permission to create Derivative Works based upon the Original Work, 106and any attempt to do so except under the terms of this License (or 107another written agreement between Licensor and You) is expressly 108prohibited by U.S. copyright law, the equivalent laws of other 109countries, and by international treaty. Therefore, by exercising any 110of the rights granted to You in Sections 1 and 2 herein, You indicate 111Your acceptance of this License and all of its terms and conditions. 112This license shall terminate immediately and you may no longer 113exercise any of the rights granted to You by this License upon Your 114failure to honor the proviso in Section 1(c) herein. 115 1169) Mutual Termination for Patent Action. This License shall terminate 117automatically and You may no longer exercise any of the rights granted 118to You by this License if You file a lawsuit in any court alleging 119that any OSI Certified open source software that is licensed under any 120license containing this "Mutual Termination for Patent Action" clause 121infringes any patent claims that are essential to use that software. 122 12310) Jurisdiction, Venue and Governing Law. You agree that any lawsuit 124arising under or relating to this License shall be maintained in the 125courts of the jurisdiction wherein the Licensor resides or in which 126Licensor conducts its primary business, and under the laws of that 127jurisdiction excluding its conflict-of-law provisions. The application 128of the United Nations Convention on Contracts for the International 129Sale of Goods is expressly excluded. Any use of the Original Work 130outside the scope of this License or after its termination shall be 131subject to the requirements and penalties of the U.S. Copyright Act, 13217 U.S.C. § 101 et seq., the equivalent laws of other countries, and 133international treaty. This section shall survive the termination of 134this License. 135 13611) Attorneys Fees. In any action to enforce the terms of this License 137or seeking damages relating thereto, the prevailing party shall be 138entitled to recover its costs and expenses, including, without 139limitation, reasonable attorneys' fees and costs incurred in 140connection with such action, including any appeal of such action. This 141section shall survive the termination of this License. 142 14312) Miscellaneous. This License represents the complete agreement 144concerning the subject matter hereof. If any provision of this License 145is held to be unenforceable, such provision shall be reformed only to 146the extent necessary to make it enforceable. 147 14813) Definition of "You" in This License. "You" throughout this 149License, whether in upper or lower case, means an individual or a 150legal entity exercising rights under, and complying with all of the 151terms of, this License. For legal entities, "You" includes any entity 152that controls, is controlled by, or is under common control with you. 153For purposes of this definition, "control" means (i) the power, direct 154or indirect, to cause the direction or management of such entity, 155whether by contract or otherwise, or (ii) ownership of fifty percent 156(50%) or more of the outstanding shares, or (iii) beneficial ownership 157of such entity. 158 159This license is Copyright (C) 2002 Lawrence E. Rosen. All rights 160reserved. Permission is hereby granted to copy and distribute this 161license without modification. This license may not be modified without 162the express written permission of its copyright owner. 163