1 2The Open Software License 3v. 1.0 4 5This Open Software License (the "License") applies to any original 6work of authorship (the "Original Work") whose owner (the "Licensor") 7has placed the following notice immediately following the copyright 8notice for the Original Work: "Licensed under the Open Software 9License version 1.0" 10 11License Terms 12 131) Grant of Copyright License. Licensor hereby grants You a 14world-wide, royalty-free, non-exclusive, perpetual, non-sublicenseable 15license to do the following: 16 17a) to reproduce the Original Work in copies; 18 19b) to prepare derivative works ("Derivative Works") based upon the 20Original Work; 21 22c) to distribute copies of the Original Work and Derivative Works 23to the public, with the proviso that copies of Original Work or 24Derivative Works that You distribute shall be licensed under the 25Open Software License; 26 27d) to perform the Original Work publicly; and 28 29e) to display the Original Work publicly. 30 312) Grant of Patent License. Licensor hereby grants You a world-wide, 32royalty-free, non-exclusive, perpetual, non-sublicenseable license, 33under patent claims owned or controlled by the Licensor that are 34embodied in the Original Work as furnished by the Licensor ("Licensed 35Claims") to make, use, sell and offer for sale the Original Work. 36Licensor hereby grants You a world-wide, royalty-free, non-exclusive, 37perpetual, non-sublicenseable license under the Licensed Claims to 38make, use, sell and offer for sale Derivative Works. 39 403) Grant of Source Code License. The term "Source Code" means the 41preferred form of the Original Work for making modifications to it and 42all available documentation describing how to access and modify the 43Original Work. Licensor hereby agrees to provide a machine-readable 44copy of the Source Code of the Original Work along with each copy of 45the Original Work that Licensor distributes. 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Nothing in this License shall be interpreted to prohibit 61Licensor from licensing under different terms from this License any 62Original Work that Licensor otherwise would have a right to license. 63 645) External Deployment. The term "External Deployment" means the use 65or distribution of the Original Work or Derivative Works in any way 66such that the Original Work or Derivative Works may be accessed or 67used by anyone other than You, whether the Original Work or Derivative 68Works are distributed to those persons, made available as an 69application intended for use over a computer network, or used to 70provide services or otherwise deliver content to anyone other than 71You. As an express condition for the grants of license hereunder, You 72agree that any External Deployment by You shall be deemed a 73distribution and shall be licensed to all under the terms of this 74License, as prescribed in section 1(c) herein. 75 766) Warranty and Disclaimer of Warranty. LICENSOR WARRANTS THAT THE 77COPYRIGHT IN AND TO THE ORIGINAL WORK IS OWNED BY THE LICENSOR OR THAT 78THE ORIGINAL WORK IS DISTRIBUTED BY LICENSOR UNDER A VALID CURRENT 79LICENSE FROM THE COPYRIGHT OWNER. EXCEPT AS EXPRESSLY STATED IN THE 80IMMEDIATELY PRECEEDING SENTENCE, THE ORIGINAL WORK IS PROVIDED UNDER 81THIS LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY, EITHER EXPRESS OR 82IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTY OF 83NON-INFRINGEMENT AND WARRANTIES THAT THE ORIGINAL WORK IS MERCHANTABLE 84OR FIT FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY OF 85THE ORIGINAL WORK IS WITH YOU. THIS DISCLAIMER OF WARRANTY CONSTITUTES 86AN ESSENTIAL PART OF THIS LICENSE. NO LICENSE TO ORIGINAL WORK IS 87GRANTED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. 88 897) Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL 90THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, 91SHALL THE LICENSOR BE LIABLE TO ANY PERSON FOR ANY DIRECT, INDIRECT, 92SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING 93AS A RESULT OF THIS LICENSE OR THE USE OF THE ORIGINAL WORK INCLUDING, 94WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, 95COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL 96DAMAGES OR LOSSES, EVEN IF SUCH PERSON SHALL HAVE BEEN INFORMED OF THE 97POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT 98APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH 99PARTY`S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH 100LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR 101LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION 102AND LIMITATION MAY NOT APPLY TO YOU. 103 1048) Acceptance and Termination. Nothing else but this License (or 105another written agreement between Licensor and You) grants You 106permission to create Derivative Works based upon the Original Work, 107and any attempt to do so except under the terms of this License (or 108another written agreement between Licensor and You) is expressly 109prohibited by U.S. copyright law, the equivalent laws of other 110countries, and by international treaty. Therefore, by exercising any 111of the rights granted to You in Sections 1 and 2 herein, You indicate 112Your acceptance of this License and all of its terms and conditions. 113This license shall terminate immediately and you may no longer 114exercise any of the rights granted to You by this License upon Your 115failure to honor the proviso in Section 1(c) herein. 116 1179) Mutual Termination for Patent Action. This License shall terminate 118automatically and You may no longer exercise any of the rights granted 119to You by this License if You file a lawsuit in any court alleging 120that any OSI Certified open source software that is licensed under any 121license containing this "Mutual Termination for Patent Action" clause 122infringes any patent claims that are essential to use that software. 123 12410) Jurisdiction, Venue and Governing Law. You agree that any lawsuit 125arising under or relating to this License shall be maintained in the 126courts of the jurisdiction wherein the Licensor resides or in which 127Licensor conducts its primary business, and under the laws of that 128jurisdiction excluding its conflict-of-law provisions. The application 129of the United Nations Convention on Contracts for the International 130Sale of Goods is expressly excluded. Any use of the Original Work 131outside the scope of this License or after its termination shall be 132subject to the requirements and penalties of the U.S. Copyright Act, 13317 U.S.C. § 101 et seq., the equivalent laws of other countries, and 134international treaty. This section shall survive the termination of 135this License. 136 13711) Attorneys Fees. In any action to enforce the terms of this License 138or seeking damages relating thereto, the prevailing party shall be 139entitled to recover its costs and expenses, including, without 140limitation, reasonable attorneys` fees and costs incurred in 141connection with such action, including any appeal of such action. This 142section shall survive the termination of this License. 143 14412) Miscellaneous. This License represents the complete agreement 145concerning the subject matter hereof. If any provision of this License 146is held to be unenforceable, such provision shall be reformed only to 147the extent necessary to make it enforceable. 148 14913) Definition of "You" in This License. "You" throughout this 150License, whether in upper or lower case, means an individual or a 151legal entity exercising rights under, and complying with all of the 152terms of, this License. For legal entities, "You" includes any entity 153that controls, is controlled by, or is under common control with you. 154For purposes of this definition, "control" means (i) the power, direct 155or indirect, to cause the direction or management of such entity, 156whether by contract or otherwise, or (ii) ownership of fifty percent 157(50%) or more of the outstanding shares, or (iii) beneficial ownership 158of such entity. 159 160This license is Copyright (C) 2002 Lawrence E. Rosen. All rights 161reserved. Permission is hereby granted to copy and distribute this 162license without modification. This license may not be modified without 163the express written permission of its copyright owner. 164 165