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authorMartin Schlemmer <azarah@gentoo.org>2003-01-02 04:13:03 +0000
committerMartin Schlemmer <azarah@gentoo.org>2003-01-02 04:13:03 +0000
commit19a5f1dda141643c0bfb175126dc77cfd376b820 (patch)
tree5e6e05cf631137be1c92d746b7e1f218f0266251 /licenses/OpenSoftware
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+ The Open Software License
+ v. 1.0
+
+This Open Software License (the "License") applies to any original
+work of authorship (the "Original Work") whose owner (the "Licensor")
+has placed the following notice immediately following the copyright
+notice for the Original Work: "Licensed under the Open Software
+License version 1.0"
+
+License Terms
+
+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 access and 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 accessed or
+used by anyone other than You, whether the Original Work or Derivative
+Works are distributed to those persons, made available as an
+application intended for use over a computer network, or used to
+provide services or otherwise deliver content to anyone other than
+You. As an express condition for the grants of license hereunder, You
+agree that any External Deployment by You 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) 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 PRECEEDING SENTENCE, THE ORIGINAL WORK IS PROVIDED UNDER
+THIS LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY, EITHER EXPRESS OR
+IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTY OF
+NON-INFRINGEMENT AND WARRANTIES THAT THE ORIGINAL WORK IS MERCHANTABLE
+OR FIT 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.
+
+7) Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL
+THEORY, WHETHER 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, EVEN IF SUCH PERSON SHALL HAVE BEEN INFORMED OF THE
+POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT
+APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH
+PARTY'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.
+
+8) Acceptance and Termination. 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,
+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 and 2 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.
+
+9) 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.
+
+10) Jurisdiction, Venue and Governing Law. You agree that any lawsuit
+arising under or relating to this License shall be maintained in the
+courts of the 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.
+
+11) 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.
+
+12) 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.
+
+13) 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.
+
+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.