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The Open Software License v1.1
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 1.1
1) Grant of Copyright License. Licensor hereby grants You a world-wide, royalty-free,
non-exclusive, perpetual, non-sublicenseable license to do the following:
a) to reproduce the Original Work in copies;
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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, non-sublicenseable license, under patent claims owned
or controlled by the Licensor that are embodied in the Original Work as furnished
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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
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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
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of the Original Work or Derivative Works in any way such that the Original Work
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of this License, as prescribed in section 1(c) herein.
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Works that You create, all copyright, patent or trademark notices from the Source
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text identified therein as an "Attribution Notice." You must cause the Source Code
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reasonably calculated to inform recipients that You have modified the Original Work.
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in and to the Original Work is owned by the Licensor or that the Original Work is
distributed by Licensor under a valid current license from the copyright owner.
Except as expressly stated in the immediately proceeding sentence, the Original
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express or implied, including, without limitation, the warranties of NON-INFRINGEMENT,
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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
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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
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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 and volitional 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 Sections 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 Sections 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) Mutual 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
if You file a lawsuit in any court alleging that any OSI Certified open source software
that is licensed under any license containing this "Mutual Termination for Patent
Action" clause infringes any patent claims that are essential to use that software.
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) 2002 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.
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