| ################################### |
| Open Software License ("OSL") v 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. |