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Non-Profit Open Software License 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:
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
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
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
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,
(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.