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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
- 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.
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