1 The Open Software License 2 v. 1.0 3 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. 163
