1Open Software License
2v. 2.1
3This Open Software License (the "License") applies to any original work
4of authorship (the "Original Work") whose owner (the "Licensor") has
5placed the following notice immediately following the copyright notice
6for the Original Work:
7
8Licensed under the Open Software License version 2.1
9
101) Grant of Copyright License. Licensor hereby grants You a world-wide,
11royalty-free, non-exclusive, perpetual, sublicenseable license to do
12the following:
13
14    * to reproduce the Original Work in copies;
15    * to prepare derivative works ("Derivative Works") based upon the
16    Original Work;
17    * to distribute copies of the Original Work and Derivative Works
18    to the public, with the proviso that copies of Original Work or
19    Derivative Works that You distribute shall be licensed under the
20    Open Software License;
21    * to perform the Original Work publicly; and
22    * to display the Original Work publicly.
23
242) Grant of Patent License. Licensor hereby grants You a world-wide,
25royalty-free, non-exclusive, perpetual, sublicenseable license, under
26patent claims owned or controlled by the Licensor that are embodied in
27the Original Work as furnished by the Licensor, to make, use, sell and
28offer for sale the Original Work and Derivative Works.
29
303) Grant of Source Code License. The term "Source Code" means the
31preferred form of the Original Work for making modifications to it
32and all available documentation describing how to modify the Original
33Work. Licensor hereby agrees to provide a machine-readable copy of the
34Source Code of the Original Work along with each copy of the Original
35Work that Licensor distributes. Licensor reserves the right to satisfy
36this obligation by placing a machine-readable copy of the Source Code in
37an information repository reasonably calculated to permit inexpensive and
38convenient access by You for as long as Licensor continues to distribute
39the Original Work, and by publishing the address of that information
40repository in a notice immediately following the copyright notice that
41applies to the Original Work.
42
434) Exclusions From License Grant. Neither the names of Licensor, nor
44the names of any contributors to the Original Work, nor any of their
45trademarks or service marks, may be used to endorse or promote products
46derived from this Original Work without express prior written permission
47of the Licensor. Nothing in this License shall be deemed to grant any
48rights to trademarks, copyrights, patents, trade secrets or any other
49intellectual property of Licensor except as expressly stated herein. No
50patent license is granted to make, use, sell or offer to sell embodiments
51of any patent claims other than the licensed claims defined in Section
522. No right is granted to the trademarks of Licensor even if such marks
53are included in the Original Work. Nothing in this License shall be
54interpreted to prohibit Licensor from licensing under different terms
55from this License any Original Work that Licensor otherwise would have
56a right to license.
57
585) External Deployment. The term "External Deployment" means the use or
59distribution of the Original Work or Derivative Works in any way such that
60the Original Work or Derivative Works may be used by anyone other than
61You, whether the Original Work or Derivative Works are distributed to
62those persons or made available as an application intended for use over
63a computer network. As an express condition for the grants of license
64hereunder, You agree that any External Deployment by You of a Derivative
65Work shall be deemed a distribution and shall be licensed to all under
66the terms of this License, as prescribed in section 1(c) herein.
67
686) Attribution Rights. You must retain, in the Source Code of any
69Derivative Works that You create, all copyright, patent or trademark
70notices from the Source Code of the Original Work, as well as any
71notices of licensing and any descriptive text identified therein as an
72"Attribution Notice." You must cause the Source Code for any Derivative
73Works that You create to carry a prominent Attribution Notice reasonably
74calculated to inform recipients that You have modified the Original Work.
75
767) Warranty of Provenance and Disclaimer of Warranty. Licensor
77warrants that the copyright in and to the Original Work and the patent
78rights granted herein by Licensor are owned by the Licensor or are
79sublicensed to You under the terms of this License with the permission
80of the contributor(s) of those copyrights and patent rights. Except as
81expressly stated in the immediately proceeding sentence, the Original
82Work is provided under this License on an "AS IS" BASIS and WITHOUT
83WARRANTY, either express or implied, including, without limitation,
84the warranties of NON-INFRINGEMENT, MERCHANTABILITY or FITNESS FOR A
85PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY OF THE ORIGINAL
86WORK IS WITH YOU. This DISCLAIMER OF WARRANTY constitutes an essential
87part of this License. No license to Original Work is granted hereunder
88except under this disclaimer.
89
908) Limitation of Liability. Under no circumstances and under no legal
91theory, whether in tort (including negligence), contract, or otherwise,
92shall the Licensor be liable to any person for any direct, indirect,
93special, incidental, or consequential damages of any character arising
94as a result of this License or the use of the Original Work including,
95without limitation, damages for loss of goodwill, work stoppage, computer
96failure or malfunction, or any and all other commercial damages or
97losses. This limitation of liability shall not apply to liability for
98death or personal injury resulting from Licensor's negligence to the
99extent applicable law prohibits such limitation. Some jurisdictions do
100not allow the exclusion or limitation of incidental or consequential
101damages, so this exclusion and limitation may not apply to You.
102
1039) Acceptance and Termination. If You distribute copies of the Original
104Work or a Derivative Work, You must make a reasonable effort under the
105circumstances to obtain the express assent of recipients to the terms of
106this License. Nothing else but this License (or another written agreement
107between Licensor and You) grants You permission to create Derivative Works
108based upon the Original Work or to exercise any of the rights granted
109in Section 1 herein, and any attempt to do so except under the terms of
110this License (or another written agreement between Licensor and You)
111is expressly prohibited by U.S. copyright law, the equivalent laws of
112other countries, and by international treaty. Therefore, by exercising
113any of the rights granted to You in Section 1 herein, You indicate Your
114acceptance of this License and all of its terms and conditions. This
115License shall terminate immediately and you may no longer exercise any
116of the rights granted to You by this License upon Your failure to honor
117the proviso in Section 1(c) herein.
118
11910) Termination for Patent Action. This License shall terminate
120automatically and You may no longer exercise any of the rights granted
121to You by this License as of the date You commence an action, including
122a cross-claim or counterclaim, against Licensor or any licensee alleging
123that the Original Work infringes a patent. This termination provision
124shall not apply for an action alleging patent infringement by combinations
125of the Original Work with other software or hardware.
126
12711) Jurisdiction, Venue and Governing Law. Any action or suit relating to
128this License may be brought only in the courts of a jurisdiction wherein
129the Licensor resides or in which Licensor conducts its primary business,
130and under the laws of that jurisdiction excluding its conflict-of-law
131provisions. The application of the United Nations Convention on Contracts
132for the International Sale of Goods is expressly excluded. Any use of the
133Original Work outside the scope of this License or after its termination
134shall be subject to the requirements and penalties of the U.S. Copyright
135Act, 17 U.S.C. § 101 et seq., the equivalent laws of other countries,
136and international treaty. This section shall survive the termination of
137this License.
138
13912) Attorneys Fees. In any action to enforce the terms of this License or
140seeking damages relating thereto, the prevailing party shall be entitled
141to recover its costs and expenses, including, without limitation,
142reasonable attorneys' fees and costs incurred in connection with such
143action, including any appeal of such action. This section shall survive
144the termination of this License.
145
14613) Miscellaneous. This License represents the complete agreement
147concerning the subject matter hereof. If any provision of this License
148is held to be unenforceable, such provision shall be reformed only to
149the extent necessary to make it enforceable.
150
15114) Definition of "You" in This License. "You" throughout this License,
152whether in upper or lower case, means an individual or a legal entity
153exercising rights under, and complying with all of the terms of, this
154License. For legal entities, "You" includes any entity that controls,
155is controlled by, or is under common control with you. For purposes of
156this definition, "control" means (i) the power, direct or indirect, to
157cause the direction or management of such entity, whether by contract
158or otherwise, or (ii) ownership of fifty percent (50%) or more of the
159outstanding shares, or (iii) beneficial ownership of such entity.
160
16115) Right to Use. You may use the Original Work in all ways not otherwise
162restricted or conditioned by this License or by law, and Licensor promises
163not to interfere with or be responsible for such uses by You.
164
165This license is Copyright (C) 2003-2004 Lawrence E. Rosen. All rights
166reserved. Permission is hereby granted to copy and distribute this
167license without modification. This license may not be modified without
168the express written permission of its copyright owner.
169
170