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authorMichael Sterrett <mr_bones_@gentoo.org>2003-11-24 03:39:49 +0000
committerMichael Sterrett <mr_bones_@gentoo.org>2003-11-24 03:39:49 +0000
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treef99c23b4e85b8041bb83761915fa73af157d201b /licenses/OSL-1.1
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+
+ 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. ĺ¤ 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.