165 lines
8.7 KiB
Plaintext
165 lines
8.7 KiB
Plaintext
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The Open Software License
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v. 1.0
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This Open Software License (the "License") applies to any original
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work of authorship (the "Original Work") whose owner (the "Licensor")
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has placed the following notice immediately following the copyright
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notice for the Original Work: "Licensed under the Open Software
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License version 1.0"
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License Terms
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1) Grant of Copyright License. Licensor hereby grants You a
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world-wide, royalty-free, non-exclusive, perpetual, non-sublicenseable
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license to do the following:
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a) to reproduce the Original Work in copies;
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b) to prepare derivative works ("Derivative Works") based upon the
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Original Work;
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c) to distribute copies of the Original Work and Derivative Works
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to the public, with the proviso that copies of Original Work or
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Derivative Works that You distribute shall be licensed under the
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Open Software License;
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d) to perform the Original Work publicly; and
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e) to display the Original Work publicly.
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2) Grant of Patent License. Licensor hereby grants You a world-wide,
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royalty-free, non-exclusive, perpetual, non-sublicenseable license,
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under patent claims owned or controlled by the Licensor that are
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embodied in the Original Work as furnished by the Licensor ("Licensed
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Claims") to make, use, sell and offer for sale the Original Work.
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Licensor hereby grants You a world-wide, royalty-free, non-exclusive,
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perpetual, non-sublicenseable license under the Licensed Claims to
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make, use, sell and offer for sale Derivative Works.
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3) Grant of Source Code License. The term "Source Code" means the
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preferred form of the Original Work for making modifications to it and
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all available documentation describing how to access and modify the
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Original Work. Licensor hereby agrees to provide a machine-readable
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copy of the Source Code of the Original Work along with each copy of
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the Original Work that Licensor distributes. Licensor reserves the
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right to satisfy this obligation by placing a machine-readable copy of
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the Source Code in an information repository reasonably calculated to
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permit inexpensive and convenient access by You for as long as
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Licensor continues to distribute the Original Work, and by publishing
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the address of that information repository in a notice immediately
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following the copyright notice that applies to the Original Work.
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4) Exclusions From License Grant. Nothing in this License shall be
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deemed to grant any rights to trademarks, copyrights, patents, trade
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secrets or any other intellectual property of Licensor except as
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expressly stated herein. No patent license is granted to make, use,
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sell or offer to sell embodiments of any patent claims other than the
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Licensed Claims defined in Section 2. No right is granted to the
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trademarks of Licensor even if such marks are included in the Original
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Work. Nothing in this License shall be interpreted to prohibit
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Licensor from licensing under different terms from this License any
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Original Work that Licensor otherwise would have a right to license.
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5) External Deployment. The term "External Deployment" means the use
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or distribution of the Original Work or Derivative Works in any way
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such that the Original Work or Derivative Works may be accessed or
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used by anyone other than You, whether the Original Work or Derivative
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Works are distributed to those persons, made available as an
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application intended for use over a computer network, or used to
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provide services or otherwise deliver content to anyone other than
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You. As an express condition for the grants of license hereunder, You
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agree that any External Deployment by You shall be deemed a
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distribution and shall be licensed to all under the terms of this
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License, as prescribed in section 1(c) herein.
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6) Warranty and Disclaimer of Warranty. LICENSOR WARRANTS THAT THE
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COPYRIGHT IN AND TO THE ORIGINAL WORK IS OWNED BY THE LICENSOR OR THAT
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THE ORIGINAL WORK IS DISTRIBUTED BY LICENSOR UNDER A VALID CURRENT
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LICENSE FROM THE COPYRIGHT OWNER. EXCEPT AS EXPRESSLY STATED IN THE
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IMMEDIATELY PRECEEDING SENTENCE, THE ORIGINAL WORK IS PROVIDED UNDER
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THIS LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY, EITHER EXPRESS OR
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IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTY OF
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NON-INFRINGEMENT AND WARRANTIES THAT THE ORIGINAL WORK IS MERCHANTABLE
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OR FIT FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY OF
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THE ORIGINAL WORK IS WITH YOU. THIS DISCLAIMER OF WARRANTY CONSTITUTES
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AN ESSENTIAL PART OF THIS LICENSE. NO LICENSE TO ORIGINAL WORK IS
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GRANTED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
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7) Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL
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THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE,
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SHALL THE LICENSOR BE LIABLE TO ANY PERSON FOR ANY DIRECT, INDIRECT,
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SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING
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AS A RESULT OF THIS LICENSE OR THE USE OF THE ORIGINAL WORK INCLUDING,
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WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE,
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COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL
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DAMAGES OR LOSSES, EVEN IF SUCH PERSON SHALL HAVE BEEN INFORMED OF THE
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POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT
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APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH
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PARTY`S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH
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LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
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LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION
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AND LIMITATION MAY NOT APPLY TO YOU.
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8) Acceptance and Termination. Nothing else but this License (or
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another written agreement between Licensor and You) grants You
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permission to create Derivative Works based upon the Original Work,
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and any attempt to do so except under the terms of this License (or
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another written agreement between Licensor and You) is expressly
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prohibited by U.S. copyright law, the equivalent laws of other
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countries, and by international treaty. Therefore, by exercising any
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of the rights granted to You in Sections 1 and 2 herein, You indicate
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Your acceptance of this License and all of its terms and conditions.
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This license shall terminate immediately and you may no longer
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exercise any of the rights granted to You by this License upon Your
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failure to honor the proviso in Section 1(c) herein.
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9) Mutual Termination for Patent Action. This License shall terminate
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automatically and You may no longer exercise any of the rights granted
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to You by this License if You file a lawsuit in any court alleging
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that any OSI Certified open source software that is licensed under any
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license containing this "Mutual Termination for Patent Action" clause
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infringes any patent claims that are essential to use that software.
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10) Jurisdiction, Venue and Governing Law. You agree that any lawsuit
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arising under or relating to this License shall be maintained in the
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courts of the jurisdiction wherein the Licensor resides or in which
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Licensor conducts its primary business, and under the laws of that
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jurisdiction excluding its conflict-of-law provisions. The application
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of the United Nations Convention on Contracts for the International
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Sale of Goods is expressly excluded. Any use of the Original Work
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outside the scope of this License or after its termination shall be
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subject to the requirements and penalties of the U.S. Copyright Act,
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17 U.S.C. § 101 et seq., the equivalent laws of other countries, and
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international treaty. This section shall survive the termination of
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this License.
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11) Attorneys Fees. In any action to enforce the terms of this License
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or seeking damages relating thereto, the prevailing party shall be
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entitled to recover its costs and expenses, including, without
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limitation, reasonable attorneys` fees and costs incurred in
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connection with such action, including any appeal of such action. This
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section shall survive the termination of this License.
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12) Miscellaneous. This License represents the complete agreement
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concerning the subject matter hereof. If any provision of this License
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is held to be unenforceable, such provision shall be reformed only to
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the extent necessary to make it enforceable.
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13) Definition of "You" in This License. "You" throughout this
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License, whether in upper or lower case, means an individual or a
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legal entity exercising rights under, and complying with all of the
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terms of, this License. For legal entities, "You" includes any entity
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that controls, is controlled by, or is under common control with you.
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For purposes of this definition, "control" means (i) the power, direct
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or indirect, to cause the direction or management of such entity,
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whether by contract or otherwise, or (ii) ownership of fifty percent
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(50%) or more of the outstanding shares, or (iii) beneficial ownership
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of such entity.
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This license is Copyright (C) 2002 Lawrence E. Rosen. All rights
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reserved. Permission is hereby granted to copy and distribute this
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license without modification. This license may not be modified without
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the express written permission of its copyright owner.
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