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| -rw-r--r-- | common/DSL | 143 | ||||
| -rw-r--r-- | common/EPL | 214 | ||||
| -rw-r--r-- | common/NPOSL3.0 | 243 |
3 files changed, 478 insertions, 122 deletions
@@ -2,84 +2,165 @@ DESIGN SCIENCE LICENSE TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION -Copyright © 1999-2001 Michael Stutz <stutz@dsl.org> Verbatim copying of this document is permitted, in any medium. +Copyright © 1999-2001 Michael Stutz <stutz@dsl.org> Verbatim copying of this +document is permitted, in any medium. 0. PREAMBLE. -Copyright law gives certain exclusive rights to the author of a work, including the rights to copy, modify and distribute the work (the "reproductive," "adaptative," and "distribution" rights). +Copyright law gives certain exclusive rights to the author of a work, including +the rights to copy, modify and distribute the work (the "reproductive," +"adaptative," and "distribution" rights). -The idea of "copyleft" is to willfully revoke the exclusivity of those rights under certain terms and conditions, so that anyone can copy and distribute the work or properly attributed derivative works, while all copies remain under the same terms and conditions as the original. +The idea of "copyleft" is to willfully revoke the exclusivity of those rights +under certain terms and conditions, so that anyone can copy and distribute the +work or properly attributed derivative works, while all copies remain under the +same terms and conditions as the original. -The intent of this license is to be a general "copyleft" that can be applied to any kind of work that has protection under copyright. This license states those certain conditions under which a work published under its terms may be copied, distributed, and modified. +The intent of this license is to be a general "copyleft" that can be applied to +any kind of work that has protection under copyright. This license states those +certain conditions under which a work published under its terms may be copied, +distributed, and modified. -Whereas "design science" is a strategy for the development of artifacts as a way to reform the environment (not people) and subsequently improve the universal standard of living, this Design Science License was written and deployed as a strategy for promoting the progress of science and art through reform of the environment. +Whereas "design science" is a strategy for the development of artifacts as a way +to reform the environment (not people) and subsequently improve the universal +standard of living, this Design Science License was written and deployed as a +strategy for promoting the progress of science and art through reform of the +environment. 1. DEFINITIONS. -"License" shall mean this Design Science License. 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The copying, distribution or modification of the Work +outside of the terms described in this License is expressly prohibited by law. -If for any reason, conditions are imposed on you that forbid you to fulfill the conditions of this License, you may not copy, distribute or modify the Work at all. +If for any reason, conditions are imposed on you that forbid you to fulfill the +conditions of this License, you may not copy, distribute or modify the Work at +all. -If any part of this License is found to be in conflict with the law, that part shall be interpreted in its broadest meaning consistent with the law, and no other parts of the License shall be affected. +If any part of this License is found to be in conflict with the law, that part +shall be interpreted in its broadest meaning consistent with the law, and no +other parts of the License shall be affected. 7. 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DISCLAIMER OF LIABILITY. -IN NO EVENT SHALL THE AUTHOR OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS WORK, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. +IN NO EVENT SHALL THE AUTHOR OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, +INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT +LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR +PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, +WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) +ARISING IN ANY WAY OUT OF THE USE OF THIS WORK, EVEN IF ADVISED OF THE POSSIBILITY +OF SUCH DAMAGE. END OF TERMS AND CONDITIONS @@ -1,70 +1,210 @@ Eclipse Public License - v 1.0 -THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT. +THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE PUBLIC +LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM +CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT. 1. DEFINITIONS "Contribution" means: -a) in the case of the initial Contributor, the initial code and documentation distributed under this Agreement, and -b) in the case of each subsequent Contributor: -i) changes to the Program, and -ii) additions to the Program; -where such changes and/or additions to the Program originate from and are distributed by that particular Contributor. A Contribution 'originates' from a Contributor if it was added to the Program by such Contributor itself or anyone acting on such Contributor's behalf. Contributions do not include additions to the Program which: (i) are separate modules of software distributed in conjunction with the Program under their own license agreement, and (ii) are not derivative works of the Program. + a) in the case of the initial Contributor, the initial code and documentation + distributed under this Agreement, and + + b) in the case of each subsequent Contributor: + + i) changes to the Program, and + + ii) additions to the Program; + + where such changes and/or additions to the Program originate from and are + distributed by that particular Contributor. A Contribution 'originates' from + a Contributor if it was added to the Program by such Contributor itself or + anyone acting on such Contributor's behalf. Contributions do not include + additions to the Program which: (i) are separate modules of software + distributed in conjunction with the Program under their own license agreement, + and (ii) are not derivative works of the Program. + "Contributor" means any person or entity that distributes the Program. -"Licensed Patents" mean patent claims licensable by a Contributor which are necessarily infringed by the use or sale of its Contribution alone or when combined with the Program. +"Licensed Patents" mean patent claims licensable by a Contributor which are +necessarily infringed by the use or sale of its Contribution alone or when +combined with the Program. "Program" means the Contributions distributed in accordance with this Agreement. -"Recipient" means anyone who receives the Program under this Agreement, including all Contributors. +"Recipient" means anyone who receives the Program under this Agreement, +including all Contributors. 2. 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The patent license shall not apply to any other combinations which include the Contribution. No hardware per se is licensed hereunder. -c) Recipient understands that although each Contributor grants the licenses to its Contributions set forth herein, no assurances are provided by any Contributor that the Program does not infringe the patent or other intellectual property rights of any other entity. Each Contributor disclaims any liability to Recipient for claims brought by any other entity based on infringement of intellectual property rights or otherwise. As a condition to exercising the rights and licenses granted hereunder, each Recipient hereby assumes sole responsibility to secure any other intellectual property rights needed, if any. 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COMMERCIAL DISTRIBUTION -If Recipient institutes patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Program itself (excluding combinations of the Program with other software or hardware) infringes such Recipient's patent(s), then such Recipient's rights granted under Section 2(b) shall terminate as of the date such litigation is filed. +Commercial distributors of software may accept certain responsibilities with +respect to end users, business partners and the like. While this license is +intended to facilitate the commercial use of the Program, the Contributor who +includes the Program in a commercial product offering should do so in a manner +which does not create potential liability for other Contributors. Therefore, if +a Contributor includes the Program in a commercial product offering, such +Contributor ("Commercial Contributor") hereby agrees to defend and indemnify +every other Contributor ("Indemnified Contributor") against any losses, damages +and costs (collectively "Losses") arising from claims, lawsuits and other legal +actions brought by a third party against the Indemnified Contributor to the +extent caused by the acts or omissions of such Commercial Contributor in +connection with its distribution of the Program in a commercial product offering. +The obligations in this section do not apply to any claims or Losses relating to +any actual or alleged intellectual property infringement. In order to qualify, +an Indemnified Contributor must: a) promptly notify the Commercial Contributor +in writing of such claim, and b) allow the Commercial Contributor to control, +and cooperate with the Commercial Contributor in, the defense and any related +settlement negotiations. 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Each new version of the Agreement will be given a distinguishing version number. The Program (including Contributions) may always be distributed subject to the version of the Agreement under which it was received. In addition, after a new version of the Agreement is published, Contributor may elect to distribute the Program (including its Contributions) under the new version. Except as expressly stated in Sections 2(a) and 2(b) above, Recipient receives no rights or licenses to the intellectual property of any Contributor under this Agreement, whether expressly, by implication, estoppel or otherwise. All rights in the Program not expressly granted under this Agreement are reserved. +6. 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Each party waives its rights to a jury trial in any resulting litigation. +If any provision of this Agreement is invalid or unenforceable under applicable +law, it shall not affect the validity or enforceability of the remainder of the +terms of this Agreement, and without further action by the parties hereto, such +provision shall be reformed to the minimum extent necessary to make such +provision valid and enforceable. + +If Recipient institutes patent litigation against any entity (including a +cross-claim or counterclaim in a lawsuit) alleging that the Program itself +(excluding combinations of the Program with other software or hardware) +infringes such Recipient's patent(s), then such Recipient's rights granted +under Section 2(b) shall terminate as of the date such litigation is filed. + +All Recipient's rights under this Agreement shall terminate if it fails to +comply with any of the material terms or conditions of this Agreement and does +not cure such failure in a reasonable period of time after becoming aware of +such noncompliance. If all Recipient's rights under this Agreement terminate, +Recipient agrees to cease use and distribution of the Program as soon as +reasonably practicable. However, Recipient's obligations under this Agreement +and any licenses granted by Recipient relating to the Program shall continue and +survive. + +Everyone is permitted to copy and distribute copies of this Agreement, but in +order to avoid inconsistency the Agreement is copyrighted and may only be +modified in the following manner. The Agreement Steward reserves the right to +publish new versions (including revisions) of this Agreement from time to time. +No one other than the Agreement Steward has the right to modify this Agreement. +The Eclipse Foundation is the initial Agreement Steward. The Eclipse Foundation +may assign the responsibility to serve as the Agreement Steward to a suitable +separate entity. Each new version of the Agreement will be given a +distinguishing version number. The Program (including Contributions) may always +be distributed subject to the version of the Agreement under which it was +received. In addition, after a new version of the Agreement is published, +Contributor may elect to distribute the Program (including its Contributions) +under the new version. Except as expressly stated in Sections 2(a) and 2(b) +above, Recipient receives no rights or licenses to the intellectual property of +any Contributor under this Agreement, whether expressly, by implication, +estoppel or otherwise. All rights in the Program not expressly granted under +this Agreement are reserved. + +This Agreement is governed by the laws of the State of New York and the +intellectual property laws of the United States of America. No party to this +Agreement will bring a legal action under this Agreement more than one year +after the cause of action arose. Each party waives its rights to a jury trial +in any resulting litigation. diff --git a/common/NPOSL3.0 b/common/NPOSL3.0 index 10123a4..66a82a8 100644 --- a/common/NPOSL3.0 +++ b/common/NPOSL3.0 @@ -1,59 +1,194 @@ Non-Profit Open Software License 3.0 (NPOSL-3.0) -This Non-Profit Open Software License ("Non-Profit OSL") version 3.0 (the "License") applies to any original work of authorship (the "Original Work") whose owner (the "Licensor") has placed the following licensing notice adjacent to the copyright notice for the Original Work: +This Non-Profit Open Software License ("Non-Profit OSL") version 3.0 (the +"License") applies to any original work of authorship (the "Original Work") +whose owner (the "Licensor") has placed the following licensing notice adjacent +to the copyright notice for the Original Work: Licensed under the Non-Profit Open Software License version 3.0 -1) Grant of Copyright License. Licensor grants You a worldwide, royalty-free, non-exclusive, sublicensable license, for the duration of the copyright, to do the following: - -a) to reproduce the Original Work in copies, either alone or as part of a collective work; - -b) to translate, adapt, alter, transform, modify, or arrange the Original Work, thereby creating derivative works ("Derivative Works") based upon the Original Work; - -c) to distribute or communicate 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 or communicate shall be licensed under this Non-Profit Open Software License or as provided in section 17(d); - -d) to perform the Original Work publicly; and - -e) to display the Original Work publicly. - -2) Grant of Patent License. Licensor grants You a worldwide, royalty-free, non-exclusive, sublicensable license, under patent claims owned or controlled by the Licensor that are embodied in the Original Work as furnished by the Licensor, for the duration of the patents, to make, use, sell, offer for sale, have made, and import 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 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. - -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 permission of the Licensor. Except as expressly stated herein, nothing in this License grants any license to Licensor's trademarks, copyrights, patents, trade secrets or any other intellectual property. No patent license is granted to make, use, sell, offer for sale, have made, or import embodiments of any patent claims other than the licensed claims defined in Section 2. No license 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 terms different 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, distribution, or communication 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 those works are distributed or communicated to those persons or made available as an application intended for use over a network. As an express condition for the grants of license hereunder, You must treat any External Deployment by You of the Original Work or a Derivative Work as a distribution under section 1(c). - -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. 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 the Original Work is granted by this License 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 anyone 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 the extent applicable law prohibits such limitation. - -9) Acceptance and Termination. If, at any time, You expressly assented to this License, that assent indicates your clear and irrevocable acceptance of this License and all of its terms and conditions. If You distribute or communicate 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. This License conditions your rights to undertake the activities listed in Section 1, including your right to create Derivative Works based upon the Original Work, and doing so without honoring these terms and conditions is prohibited by copyright law and international treaty. Nothing in this License is intended to affect copyright exceptions and limitations (including "fair use" or "fair dealing"). 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 conditions in Section 1(c). - -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, against Licensor or any licensee alleging that the Original Work infringes a patent. This termination provision shall not apply for an action alleging patent infringement by 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 copyright or patent law in the appropriate jurisdiction. 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. 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. - -16) Modification of This License. This License is Copyright © 2005 Lawrence Rosen. Permission is granted to copy, distribute, or communicate this License without modification. Nothing in this License permits You to modify this License as applied to the Original Work or to Derivative Works. However, You may modify the text of this License and copy, distribute or communicate your modified version (the "Modified License") and apply it to other original works of authorship subject to the following conditions: (i) You may not indicate in any way that your Modified License is the "Open Software License" or "OSL" and you may not use those names in the name of your Modified License; (ii) You must replace the notice specified in the first paragraph above with the notice "Licensed under <insert your license name here>" or with a notice of your own that is not confusingly similar to the notice in this License; and (iii) You may not claim that your original works are open source software unless your Modified License has been approved by Open Source Initiative (OSI) and You comply with its license review and certification process. - -17) Non-Profit Amendment. The name of this amended version of the Open Software License ("OSL 3.0") is "Non-Profit Open Software License 3.0". The original OSL 3.0 license has been amended as follows: - -(a) Licensor represents and declares that it is a not-for-profit organization that derives no revenue whatsoever from the distribution of the Original Work or Derivative Works thereof, or from support or services relating thereto. - -(b) The first sentence of Section 7 ["Warranty of Provenance"] of OSL 3.0 has been stricken. For Original Works licensed under this Non-Profit OSL 3.0, LICENSOR OFFERS NO WARRANTIES WHATSOEVER. - -(c) In the first sentence of Section 8 ["Limitation of Liability"] of this Non-Profit OSL 3.0, the list of damages for which LIABILITY IS LIMITED now includes "direct" damages. - -(d) The proviso in Section 1(c) of this License now refers to this "Non-Profit Open Software License" rather than the "Open Software License". You may distribute or communicate the Original Work or Derivative Works thereof under this Non-Profit OSL 3.0 license only if You make the representation and declaration in paragraph (a) of this Section 17. Otherwise, You shall distribute or communicate the Original Work or Derivative Works thereof only under the OSL 3.0 license and You shall publish clear licensing notices so stating. Also by way of clarification, this License does not authorize You to distribute or communicate works under this Non-Profit OSL 3.0 if You received them under the original OSL 3.0 license. - -(e) Original Works licensed under this license shall reference "Non-Profit OSL 3.0" in licensing notices to distinguish them from works licensed under the original OSL 3.0 license. +1) Grant of Copyright License. Licensor grants You a worldwide, royalty-free, +non-exclusive, sublicensable license, for the duration of the copyright, to do +the following: + + a) to reproduce the Original Work in copies, either alone or as part of a + collective work; + + b) to translate, adapt, alter, transform, modify, or arrange the Original + Work, thereby creating derivative works ("Derivative Works") based upon the + Original Work; + + c) to distribute or communicate 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 or communicate shall be licensed under + this Non-Profit Open Software License or as provided in section 17(d); + + d) to perform the Original Work publicly; and + + e) to display the Original Work publicly. + +2) Grant of Patent License. Licensor grants You a worldwide, royalty-free, +non-exclusive, sublicensable license, under patent claims owned or controlled by +the Licensor that are embodied in the Original Work as furnished by the Licensor, +for the duration of the patents, to make, use, sell, offer for sale, have made, +and import 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 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. + +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 permission of the Licensor. Except as expressly +stated herein, nothing in this License grants any license to Licensor's +trademarks, copyrights, patents, trade secrets or any other intellectual +property. No patent license is granted to make, use, sell, offer for sale, have +made, or import embodiments of any patent claims other than the licensed claims +defined in Section 2. No license 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 terms different 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, +distribution, or communication 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 those works are distributed or communicated to those persons +or made available as an application intended for use over a network. As an +express condition for the grants of license hereunder, You must treat any +External Deployment by You of the Original Work or a Derivative Work as a +distribution under section 1(c). + +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. 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 the +Original Work is granted by this License 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 anyone 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 the extent applicable law prohibits such limitation. + +9) Acceptance and Termination. If, at any time, You expressly assented to this +License, that assent indicates your clear and irrevocable acceptance of this +License and all of its terms and conditions. If You distribute or communicate +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. This License conditions your rights to undertake +the activities listed in Section 1, including your right to create Derivative +Works based upon the Original Work, and doing so without honoring these terms +and conditions is prohibited by copyright law and international treaty. +Nothing in this License is intended to affect copyright exceptions and +limitations (including "fair use" or "fair dealing"). 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 conditions in Section 1(c). + +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, +against Licensor or any licensee alleging that the Original Work infringes a +patent. This termination provision shall not apply for an action alleging patent +infringement by 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 copyright or patent law in the appropriate jurisdiction. 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. 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. + +16) Modification of This License. This License is Copyright © 2005 Lawrence +Rosen. Permission is granted to copy, distribute, or communicate this License +without modification. Nothing in this License permits You to modify this License +as applied to the Original Work or to Derivative Works. However, You may modify +the text of this License and copy, distribute or communicate your modified +version (the "Modified License") and apply it to other original works of +authorship subject to the following conditions: (i) You may not indicate in any +way that your Modified License is the "Open Software License" or "OSL" and you +may not use those names in the name of your Modified License; (ii) You must +replace the notice specified in the first paragraph above with the notice +"Licensed under <insert your license name here>" or with a notice of your own +that is not confusingly similar to the notice in this License; and (iii) You may +not claim that your original works are open source software unless your Modified +License has been approved by Open Source Initiative (OSI) and You comply with +its license review and certification process. + +17) Non-Profit Amendment. The name of this amended version of the Open Software +License ("OSL 3.0") is "Non-Profit Open Software License 3.0". The original +OSL 3.0 license has been amended as follows: + + (a) Licensor represents and declares that it is a not-for-profit organization + that derives no revenue whatsoever from the distribution of the Original Work + or Derivative Works thereof, or from support or services relating thereto. + + (b) The first sentence of Section 7 ["Warranty of Provenance"] of OSL 3.0 has + been stricken. For Original Works licensed under this Non-Profit OSL 3.0, + LICENSOR OFFERS NO WARRANTIES WHATSOEVER. + + (c) In the first sentence of Section 8 ["Limitation of Liability"] of this + Non-Profit OSL 3.0, the list of damages for which LIABILITY IS LIMITED now + includes "direct" damages. + + (d) The proviso in Section 1(c) of this License now refers to this "Non-Profit + Open Software License" rather than the "Open Software License". You may + distribute or communicate the Original Work or Derivative Works thereof under + this Non-Profit OSL 3.0 license only if You make the representation and + declaration in paragraph (a) of this Section 17. Otherwise, You shall + distribute or communicate the Original Work or Derivative Works thereof only + under the OSL 3.0 license and You shall publish clear licensing notices so + stating. Also by way of clarification, this License does not authorize You to + distribute or communicate works under this Non-Profit OSL 3.0 if You received + them under the original OSL 3.0 license. + + (e) Original Works licensed under this license shall reference "Non-Profit OSL + 3.0" in licensing notices to distinguish them from works licensed under the + original OSL 3.0 license. |