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  1. Non-Profit Open Software License 3.0
  2. This Non-Profit Open Software License ("Non-Profit OSL") version 3.0 (the
  3. "License") applies to any original work of authorship (the "Original Work")
  4. whose owner (the "Licensor") has placed the following licensing notice adjacent
  5. to the copyright notice for the Original Work:
  6. Licensed under the Non-Profit Open Software License version 3.0
  7. 1) Grant of Copyright License. Licensor grants You a worldwide, royalty-free,
  8. non-exclusive, sublicensable license, for the duration of the copyright, to
  9. do the following:
  10. a) to reproduce the Original Work in copies, either alone or as part of a
  11. collective work;
  12. b) to translate, adapt, alter, transform, modify, or arrange the Original
  13. Work, thereby creating derivative works ("Derivative Works") based upon the
  14. Original Work;
  15. c) to distribute or communicate copies of the Original Work and Derivative
  16. Works to the public, with the proviso that copies of Original Work or Derivative
  17. Works that You distribute or communicate shall be licensed under this Non-Profit
  18. Open Software License or as provided in section 17(d);
  19. d) to perform the Original Work publicly; and
  20. e) to display the Original Work publicly.
  21. 2) Grant of Patent License. Licensor grants You a worldwide, royalty-free,
  22. non-exclusive, sublicensable license, under patent claims owned or controlled
  23. by the Licensor that are embodied in the Original Work as furnished by the
  24. Licensor, for the duration of the patents, to make, use, sell, offer for sale,
  25. have made, and import the Original Work and Derivative Works.
  26. 3) Grant of Source Code License. The term "Source Code" means the preferred
  27. form of the Original Work for making modifications to it and all available
  28. documentation describing how to modify the Original Work. Licensor agrees
  29. to provide a machine-readable copy of the Source Code of the Original Work
  30. along with each copy of the Original Work that Licensor distributes. Licensor
  31. reserves the right to satisfy this obligation by placing a machine-readable
  32. copy of the Source Code in an information repository reasonably calculated
  33. to permit inexpensive and convenient access by You for as long as Licensor
  34. continues to distribute the Original Work.
  35. 4) Exclusions From License Grant. Neither the names of Licensor, nor the names
  36. of any contributors to the Original Work, nor any of their trademarks or service
  37. marks, may be used to endorse or promote products derived from this Original
  38. Work without express prior permission of the Licensor. Except as expressly
  39. stated herein, nothing in this License grants any license to Licensor's trademarks,
  40. copyrights, patents, trade secrets or any other intellectual property. No
  41. patent license is granted to make, use, sell, offer for sale, have made, or
  42. import embodiments of any patent claims other than the licensed claims defined
  43. in Section 2. No license is granted to the trademarks of Licensor even if
  44. such marks are included in the Original Work. Nothing in this License shall
  45. be interpreted to prohibit Licensor from licensing under terms different from
  46. this License any Original Work that Licensor otherwise would have a right
  47. to license.
  48. 5) External Deployment. The term "External Deployment" means the use, distribution,
  49. or communication of the Original Work or Derivative Works in any way such
  50. that the Original Work or Derivative Works may be used by anyone other than
  51. You, whether those works are distributed or communicated to those persons
  52. or made available as an application intended for use over a network. As an
  53. express condition for the grants of license hereunder, You must treat any
  54. External Deployment by You of the Original Work or a Derivative Work as a
  55. distribution under section 1(c).
  56. 6) Attribution Rights. You must retain, in the Source Code of any Derivative
  57. Works that You create, all copyright, patent, or trademark notices from the
  58. Source Code of the Original Work, as well as any notices of licensing and
  59. any descriptive text identified therein as an "Attribution Notice." You must
  60. cause the Source Code for any Derivative Works that You create to carry a
  61. prominent Attribution Notice reasonably calculated to inform recipients that
  62. You have modified the Original Work.
  63. 7) Warranty of Provenance and Disclaimer of Warranty. The Original Work is
  64. provided under this License on an "AS IS" BASIS and WITHOUT WARRANTY, either
  65. express or implied, including, without limitation, the warranties of non-infringement,
  66. merchantability or fitness for a particular purpose. THE ENTIRE RISK AS TO
  67. THE QUALITY OF THE ORIGINAL WORK IS WITH YOU. This DISCLAIMER OF WARRANTY
  68. constitutes an essential part of this License. No license to the Original
  69. Work is granted by this License except under this disclaimer.
  70. 8) Limitation of Liability. Under no circumstances and under no legal theory,
  71. whether in tort (including negligence), contract, or otherwise, shall the
  72. Licensor be liable to anyone for any direct, indirect, special, incidental,
  73. or consequential damages of any character arising as a result of this License
  74. or the use of the Original Work including, without limitation, damages for
  75. loss of goodwill, work stoppage, computer failure or malfunction, or any and
  76. all other commercial damages or losses. This limitation of liability shall
  77. not apply to the extent applicable law prohibits such limitation.
  78. 9) Acceptance and Termination. If, at any time, You expressly assented to
  79. this License, that assent indicates your clear and irrevocable acceptance
  80. of this License and all of its terms and conditions. If You distribute or
  81. communicate copies of the Original Work or a Derivative Work, You must make
  82. a reasonable effort under the circumstances to obtain the express assent of
  83. recipients to the terms of this License. This License conditions your rights
  84. to undertake the activities listed in Section 1, including your right to create
  85. Derivative Works based upon the Original Work, and doing so without honoring
  86. these terms and conditions is prohibited by copyright law and international
  87. treaty. Nothing in this License is intended to affect copyright exceptions
  88. and limitations (including "fair use" or "fair dealing"). This License shall
  89. terminate immediately and You may no longer exercise any of the rights granted
  90. to You by this License upon your failure to honor the conditions in Section
  91. 1(c).
  92. 10) Termination for Patent Action. This License shall terminate automatically
  93. and You may no longer exercise any of the rights granted to You by this License
  94. as of the date You commence an action, including a cross-claim or counterclaim,
  95. against Licensor or any licensee alleging that the Original Work infringes
  96. a patent. This termination provision shall not apply for an action alleging
  97. patent infringement by combinations of the Original Work with other software
  98. or hardware.
  99. 11) Jurisdiction, Venue and Governing Law. Any action or suit relating to
  100. this License may be brought only in the courts of a jurisdiction wherein the
  101. Licensor resides or in which Licensor conducts its primary business, and under
  102. the laws of that jurisdiction excluding its conflict-of-law provisions. The
  103. application of the United Nations Convention on Contracts for the International
  104. Sale of Goods is expressly excluded. Any use of the Original Work outside
  105. the scope of this License or after its termination shall be subject to the
  106. requirements and penalties of copyright or patent law in the appropriate jurisdiction.
  107. This section shall survive the termination of this License.
  108. 12) Attorneys' Fees. In any action to enforce the terms of this License or
  109. seeking damages relating thereto, the prevailing party shall be entitled to
  110. recover its costs and expenses, including, without limitation, reasonable
  111. attorneys' fees and costs incurred in connection with such action, including
  112. any appeal of such action. This section shall survive the termination of this
  113. License.
  114. 13) Miscellaneous. If any provision of this License is held to be unenforceable,
  115. such provision shall be reformed only to the extent necessary to make it enforceable.
  116. 14) Definition of "You" in This License. "You" throughout this License, whether
  117. in upper or lower case, means an individual or a legal entity exercising rights
  118. under, and complying with all of the terms of, this License. For legal entities,
  119. "You" includes any entity that controls, is controlled by, or is under common
  120. control with you. For purposes of this definition, "control" means (i) the
  121. power, direct or indirect, to cause the direction or management of such entity,
  122. whether by contract or otherwise, or (ii) ownership of fifty percent (50%)
  123. or more of the outstanding shares, or (iii) beneficial ownership of such entity.
  124. 15) Right to Use. You may use the Original Work in all ways not otherwise
  125. restricted or conditioned by this License or by law, and Licensor promises
  126. not to interfere with or be responsible for such uses by You.
  127. 16) Modification of This License. This License is Copyright © 2005 Lawrence
  128. Rosen. Permission is granted to copy, distribute, or communicate this License
  129. without modification. Nothing in this License permits You to modify this License
  130. as applied to the Original Work or to Derivative Works. However, You may modify
  131. the text of this License and copy, distribute or communicate your modified
  132. version (the "Modified License") and apply it to other original works of authorship
  133. subject to the following conditions: (i) You may not indicate in any way that
  134. your Modified License is the "Open Software License" or "OSL" and you may
  135. not use those names in the name of your Modified License; (ii) You must replace
  136. the notice specified in the first paragraph above with the notice "Licensed
  137. under <insert your license name here>" or with a notice of your own that is
  138. not confusingly similar to the notice in this License; and (iii) You may not
  139. claim that your original works are open source software unless your Modified
  140. License has been approved by Open Source Initiative (OSI) and You comply with
  141. its license review and certification process.
  142. 17) Non-Profit Amendment. The name of this amended version of the Open Software
  143. License ("OSL 3.0") is "Non-Profit Open Software License 3.0". The original
  144. OSL 3.0 license has been amended as follows:
  145. (a) Licensor represents and declares that it is a not-for-profit organization
  146. that derives no revenue whatsoever from the distribution of the Original Work
  147. or Derivative Works thereof, or from support or services relating thereto.
  148. (b) The first sentence of Section 7 ["Warranty of Provenance"] of OSL 3.0
  149. has been stricken. For Original Works licensed under this Non-Profit OSL 3.0,
  150. LICENSOR OFFERS NO WARRANTIES WHATSOEVER.
  151. (c) In the first sentence of Section 8 ["Limitation of Liability"] of this
  152. Non-Profit OSL 3.0, the list of damages for which LIABILITY IS LIMITED now
  153. includes "direct" damages.
  154. (d) The proviso in Section 1(c) of this License now refers to this "Non-Profit
  155. Open Software License" rather than the "Open Software License". You may distribute
  156. or communicate the Original Work or Derivative Works thereof under this Non-Profit
  157. OSL 3.0 license only if You make the representation and declaration in paragraph
  158. (a) of this Section 17. Otherwise, You shall distribute or communicate the
  159. Original Work or Derivative Works thereof only under the OSL 3.0 license and
  160. You shall publish clear licensing notices so stating. Also by way of clarification,
  161. this License does not authorize You to distribute or communicate works under
  162. this Non-Profit OSL 3.0 if You received them under the original OSL 3.0 license.
  163. (e) Original Works licensed under this license shall reference "Non-Profit
  164. OSL 3.0" in licensing notices to distinguish them from works licensed under
  165. the original OSL 3.0 license.