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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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