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COPYING
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COPYING
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The Open Software License
v. 2.0
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 2.0
1) Grant of Copyright License. Licensor hereby grants You a world-wide,
royalty-free, non-exclusive, perpetual, 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, sublicenseable license, under
patent claims owned or controlled by the Licensor that are embodied in the
Original Work as furnished by the Licensor, to make, use, sell and offer
for sale the Original Work and 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. Neither the names of Licensor, nor the
names of any contributors to the Original Work, nor any of their trademarks
or service marks, may be used to endorse or promote products derived from
this Original Work without express prior written permission of the
Licensor. 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 of Provenance and Disclaimer of Warranty. Licensor warrants
that the copyright in and to the Original Work and the patent rights
granted herein by Licensor are owned by the Licensor or are sublicensed to
You under the terms of this License with the permission of the
contributor(s) of those copyrights and patent rights. 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 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
Section 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 Section 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) 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 as of the date You commence an action, including a
cross-claim or counterclaim, for patent infringement (i) against Licensor
with respect to a patent applicable to software or (ii) against any entity
with respect to a patent applicable to the Original Work (but excluding
combinations of the Original Work with other software or hardware).
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. § 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) 2003 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.