Open Software License (“OSL”) v. 3.0
This Open
Software License (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 Open Software License version
3.0
1)
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 Open
Software License;
d)
to perform the Original Work publicly; and
e)
to display the Original Work publicly.
2)
3)
4) Exclusions
From 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. Licensor warrants that the
copyright in and to the Original Work and the patent rights granted herein by
Licensor are owned by the Licensor or are sublicensed to You under the terms of
this License with the permission of the contributor(s) of those copyrights and
patent rights. Except as expressly stated in the immediately preceding sentence,
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 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.