The Open Software License
v. 1.1
This Open Software License (the "License") applies to any original work of
authorship (the "Original Work") whose owner (the "Licensor") has placed the
following notice immediately following the copyright notice for the Original
Work:
Licensed under the Open Software License version 1.1
1) Grant of Copyright License. Licensor hereby grants You a world-wide,
royalty-free, non-exclusive, perpetual, non-sublicenseable license to do the
following:
a) to reproduce the Original Work in copies;
b) to prepare derivative works ("Derivative Works") based upon the
Original Work;
c) to distribute 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 shall be licensed under the
Open Software License;
d) to perform the Original Work publicly; and
e) to display the Original Work publicly.
2) Grant of Patent License. Licensor hereby grants You a world-wide,
royalty-free, non-exclusive, perpetual, non-sublicenseable license, under
patent claims owned or controlled by the Licensor that are embodied in the
Original Work as furnished by the Licensor ("Licensed Claims") to make, use,
sell and offer for sale the Original Work. Licensor hereby grants You a
world-wide, royalty-free, non-exclusive, perpetual, non-sublicenseable license
under the Licensed Claims to make, use, sell and offer for sale 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 hereby
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, and by publishing the
address of that information repository in a notice immediately following the
copyright notice that applies to the Original Work.
4) Exclusions From License Grant. Nothing in this License shall be deemed to
grant any rights to trademarks, copyrights, patents, trade secrets or any
other intellectual property of Licensor except as expressly stated herein. No
patent license is granted to make, use, sell or offer to sell embodiments of
any patent claims other than the Licensed Claims defined in Section 2. No
right 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 different terms 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 or
distribution 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 the Original Work or Derivative Works are distributed to those persons
or made available as an application intended for use over a computer network.
As an express condition for the grants of license hereunder, You agree that
any External Deployment by You of a Derivative Work shall be deemed a
distribution and shall be licensed to all under the terms of this License, as
prescribed in section 1(c) herein.
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 and Disclaimer of Warranty. Licensor warrants that the copyright
in and to the Original Work is owned by the Licensor or that the Original Work
is distributed by Licensor under a valid current license from the copyright
owner. Except as expressly stated in the immediately proceeding 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 Original Work is granted hereunder 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 any person for any direct, 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 liability for death or personal injury resulting from Licensor's
negligence to the extent applicable law prohibits such limitation. Some
jurisdictions do not allow the exclusion or limitation of incidental or
consequential damages, so this exclusion and limitation may not apply to You.
9) Acceptance and Termination. If You distribute copies of the Original Work
or a Derivative Work, You must make a reasonable effort under the circumstances
to obtain the express and volitional assent of recipients to the terms of this
License. Nothing else but this License (or another written agreement between
Licensor and You) grants You permission to create Derivative Works based upon
the Original Work or to exercise any of the rights granted in Sections 1 herein,
and any attempt to do so except under the terms of this License (or another
written agreement between Licensor and You) is expressly prohibited by U.S.
copyright law, the equivalent laws of other countries, and by international
treaty. Therefore, by exercising any of the rights granted to You in Sections
1 herein, You indicate Your acceptance of this License and all of its terms and
conditions. 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 proviso in Section 1(c) herein.
10) Mutual 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 if You file a lawsuit in any court alleging that any OSI
Certified open source software that is licensed under any license containing
this "Mutual Termination for Patent Action" clause infringes any patent claims
that are essential to use that software.
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 the U.S. Copyright Act, 17 U.S.C. § 101 et seq., the equivalent
laws of other countries, and international treaty. 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. This License represents the complete agreement concerning
the subject matter hereof. 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.
This license is Copyright (C) 2002 Lawrence E. Rosen. All rights reserved.
Permission is hereby granted to copy and distribute this license without
modification. This license may not be modified without the express written
permission of its copyright owner.
