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