You can not select more than 25 topics
Topics must start with a letter or number, can include dashes ('-') and can be up to 35 characters long.
194 lines
12 KiB
194 lines
12 KiB
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.
|