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   1  Open Software License version 2.1
   2  
   3     This Open Software License (the "License") applies to any original work of
   4     authorship (the "Original Work") whose owner (the "Licensor") has placed the
   5     following notice immediately following the copyright notice for the Original
   6     Work:
   7  
   8  Licensed under the Open Software License version 2.1
   9  
  10      1. Grant of Copyright License. Licensor hereby grants You a world-wide,
  11         royalty-free, non-exclusive, perpetual, sublicenseable license to do the
  12         following:
  13           1. to reproduce the Original Work in copies;
  14           2. to prepare derivative works ("Derivative Works") based upon the
  15              Original Work;
  16           3. to distribute copies of the Original Work and Derivative Works to
  17              the  public, with the proviso that copies of Original Work or
  18              Derivative Works that You distribute shall be licensed under the
  19              Open Software License;
  20           4. to perform the Original Work publicly; and
  21           5. to display the Original Work publicly
  22      2. Grant  of Patent License. Licensor hereby grants You a world-wide,
  23         royalty-free, non-exclusive, perpetual, sublicenseable license, under
  24         patent claims owned or controlled by the Licensor that are embodied in
  25         the Original Work as furnished by the Licensor, to make, use, sell and
  26         offer for sale the Original Work and Derivative Works.
  27      3. Grant  of  Source  Code License . The term "Source Code" means the
  28         preferred form of the Original Work for making modifications to it and
  29         all available documentation describing how to modify the Original Work.
  30         Licensor hereby agrees to provide a machine-readable copy of the Source
  31         Code of the Original Work along with each copy of the Original Work that
  32         Licensor  distributes. Licensor reserves the right to satisfy this
  33         obligation by placing a machine-readable copy of the Source Code in an
  34         information repository reasonably calculated to permit inexpensive and
  35         convenient access by You for as long as Licensor continues to distribute
  36         the Original Work, and by publishing the address of that information
  37         repository in a notice immediately following the copyright notice that
  38         applies to the Original Work.
  39      4. Exclusions From License Grant . Neither the names of Licensor, nor the
  40         names  of  any contributors to the Original Work, nor any of their
  41         trademarks or service marks, may be used to endorse or promote products
  42         derived from this Original Work without express prior written permission
  43         of the Licensor. Nothing in this License shall be deemed to grant any
  44         rights to trademarks, copyrights, patents, trade secrets or any other
  45         intellectual property of Licensor except as expressly stated herein. No
  46         patent  license  is  granted  to  make, use, sell or offer to sell
  47         embodiments of any patent claims other than the licensed claims defined
  48         in Section 2. No right is granted to the trademarks of Licensor even if
  49         such marks are included in the Original Work. Nothing in this License
  50         shall be interpreted to prohibit Licensor from licensing under different
  51         terms from this License any Original Work that Licensor otherwise would
  52         have a right to license.
  53      5. External Deployment . The term "External Deployment" means the use or
  54         distribution of the Original Work or Derivative Works in any way such
  55         that the Original Work or Derivative Works may be used by anyone other
  56         than You, whether the Original Work or Derivative Works are distributed
  57         to those persons or made available as an application intended for use
  58         over a computer network. As an express condition for the grants of
  59         license hereunder, You agree that any External Deployment by You of a
  60         Derivative Work shall be deemed a distribution and shall be licensed to
  61         all under the terms of this License, as prescribed in section 1(c)
  62         herein.
  63      6. Attribution  Rights  .  You must retain, in the Source Code of any
  64         Derivative Works that You create, all copyright, patent or trademark
  65         notices  from the Source Code of the Original Work, as well as any
  66         notices of licensing and any descriptive text identified therein as an
  67         "Attribution Notice." You must cause the Source Code for any Derivative
  68         Works that You create to carry a prominent Attribution Notice reasonably
  69         calculated to inform recipients that You have modified the Original
  70         Work.
  71      7. Warranty of Provenance and Disclaimer of Warranty . Licensor warrants
  72         that the copyright in and to the Original Work and the patent rights
  73         granted herein by Licensor are owned by the Licensor or are sublicensed
  74         to  You under the terms of this License with the permission of the
  75         contributor(s)  of  those  copyrights and patent rights. Except as
  76         expressly stated in the immediately proceeding sentence, the Original
  77         Work is provided under this License on an "AS IS" BASIS and WITHOUT
  78         WARRANTY, either express or implied, including, without limitation, the
  79         warranties  of  NON-INFRINGEMENT, MERCHANTABILITY or FITNESS FOR A
  80         PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY OF THE ORIGINAL
  81         WORK IS WITH YOU. This DISCLAIMER OF WARRANTY constitutes an essential
  82         part of this License. No license to Original Work is granted hereunder
  83         except under this disclaimer.
  84      8. Limitation of Liability . Under no circumstances and under no legal
  85         theory, whether in tort (including negligence), contract, or otherwise,
  86         shall the Licensor be liable to any person for any direct, indirect,
  87         special, incidental, or consequential damages of any character arising
  88         as a result of this License or the use of the Original Work including,
  89         without  limitation,  damages for loss of goodwill, work stoppage,
  90         computer failure or malfunction, or any and all other commercial damages
  91         or losses. This limitation of liability shall not apply to liability for
  92         death or personal injury resulting from Licensor's negligence to the
  93         extent applicable law prohibits such limitation. Some jurisdictions do
  94         not allow the exclusion or limitation of incidental or consequential
  95         damages, so this exclusion and limitation may not apply to You.
  96      9. Acceptance and Termination . If You distribute copies of the Original
  97         Work or a Derivative Work, You must make a reasonable effort under the
  98         circumstances to obtain the express assent of recipients to the terms of
  99         this  License.  Nothing  else but this License (or another written
 100         agreement between Licensor and You) grants You permission to create
 101         Derivative Works based upon the Original Work or to exercise any of the
 102         rights granted in Section 1 herein, and any attempt to do so except
 103         under the terms of this License (or another written agreement between
 104         Licensor and You) is expressly prohibited by U.S. copyright law, the
 105         equivalent  laws  of other countries, and by international treaty.
 106         Therefore, by exercising any of the rights granted to You in Section 1
 107         herein, You indicate Your acceptance of this License and all of its
 108         terms and conditions. This License shall terminate immediately and you
 109         may no longer exercise any of the rights granted to You by this License
 110         upon Your failure to honor the proviso in Section 1(c) herein.
 111     10. Termination  for  Patent  Action  .  This  License shall terminate
 112         automatically and You may no longer exercise any of the rights granted
 113         to You by this License as of the date You commence an action, including
 114         a cross-claim or counterclaim, against Licensor or any licensee alleging
 115         that the Original Work infringes a patent. This termination provision
 116         shall  not  apply  for  an  action alleging patent infringement by
 117         combinations of the Original Work with other software or hardware.
 118     11. Jurisdiction, Venue and Governing Law . Any action or suit relating to
 119         this License may be brought only in the courts of a jurisdiction wherein
 120         the Licensor resides or in which Licensor conducts its primary business,
 121         and under the laws of that jurisdiction excluding its conflict-of-law
 122         provisions.  The  application  of the United Nations Convention on
 123         Contracts for the International Sale of Goods is expressly excluded. Any
 124         use of the Original Work outside the scope of this License or after its
 125         termination shall be subject to the requirements and penalties of the
 126         U.S. Copyright Act, 17 U.S.C. ยง 101 et seq., the equivalent laws of
 127         other countries, and international treaty. This section shall survive
 128         the termination of this License.
 129     12. Attorneys Fees . In any action to enforce the terms of this License or
 130         seeking damages relating thereto, the prevailing party shall be entitled
 131         to  recover its costs and expenses, including, without limitation,
 132         reasonable attorneys' fees and costs incurred in connection with such
 133         action, including any appeal of such action. This section shall survive
 134         the termination of this License.
 135     13. Miscellaneous  .  This  License  represents the complete agreement
 136         concerning the subject matter hereof. If any provision of this License
 137         is held to be unenforceable, such provision shall be reformed only to
 138         the extent necessary to make it enforceable.
 139     14. Definition of "You" in This License . "You" throughout this License,
 140         whether in upper or lower case, means an individual or a legal entity
 141         exercising rights under, and complying with all of the terms of, this
 142         License. For legal entities, "You" includes any entity that controls, is
 143         controlled by, or is under common control with you. For purposes of this
 144         definition, "control" means (i) the power, direct or indirect, to cause
 145         the direction or management of such entity, whether by contract or
 146         otherwise, or (ii) ownership of fifty percent (50%) or more of the
 147         outstanding shares, or (iii) beneficial ownership of such entity.
 148     15. Right to Use. You may use the Original Work in all ways not otherwise
 149         restricted  or conditioned by this License or by law, and Licensor
 150         promises not to interfere with or be responsible for such uses by You.
 151  
 152     This  license is Copyright (C) 2003-2004 Lawrence E. Rosen. All rights
 153     reserved. Permission is hereby granted to copy and distribute this license
 154     without modification. This license may not be modified without the express
 155     written permission of its copyright owner.
 156  


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