(Note: This license has been superseded by the Open Software License, version 3.0)
The Open Software License
This Open Software License (the "License") applies to any original
work of authorship (the "Original Work") whose owner (the "Licensor")
has placed the following notice immediately following the copyright
notice for the Original Work: "Licensed under the Open Software
License version 1.0"
1) Grant of Copyright License. Licensor hereby grants You a
world-wide, royalty-free, non-exclusive, perpetual, non-sublicenseable
license to do the following:
a) to reproduce the Original Work in copies;
b) to prepare derivative works ("Derivative Works") based upon the
c) to distribute 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 shall be licensed under the
Open Software License;
d) to perform the Original Work publicly; and
e) to display the Original Work publicly.
2) Grant of Patent License. Licensor hereby grants You a world-wide,
royalty-free, non-exclusive, perpetual, non-sublicenseable license,
under patent claims owned or controlled by the Licensor that are
embodied in the Original Work as furnished by the Licensor ("Licensed
Claims") to make, use, sell and offer for sale the Original Work.
Licensor hereby grants You a world-wide, royalty-free, non-exclusive,
perpetual, non-sublicenseable license under the Licensed Claims to
make, use, sell and offer for sale 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 access and modify the
Original Work. Licensor hereby 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, and by publishing
the address of that information repository in a notice immediately
following the copyright notice that applies to the Original Work.
4) Exclusions From License Grant. Nothing in this License shall be
deemed to grant any rights to trademarks, copyrights, patents, trade
secrets or any other intellectual property of Licensor except as
expressly stated herein. No patent license is granted to make, use,
sell or offer to sell embodiments of any patent claims other than the
Licensed Claims defined in Section 2. No right 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 different terms 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
or distribution of the Original Work or Derivative Works in any way
such that the Original Work or Derivative Works may be accessed or
used by anyone other than You, whether the Original Work or Derivative
Works are distributed to those persons, made available as an
application intended for use over a computer network, or used to
provide services or otherwise deliver content to anyone other than
You. As an express condition for the grants of license hereunder, You
agree that any External Deployment by You shall be deemed a
distribution and shall be licensed to all under the terms of this
License, as prescribed in section 1(c) herein.
6) Warranty and Disclaimer of Warranty. LICENSOR WARRANTS THAT THE
COPYRIGHT IN AND TO THE ORIGINAL WORK IS OWNED BY THE LICENSOR OR THAT
THE ORIGINAL WORK IS DISTRIBUTED BY LICENSOR UNDER A VALID CURRENT
LICENSE FROM THE COPYRIGHT OWNER. EXCEPT AS EXPRESSLY STATED IN THE
IMMEDIATELY PRECEEDING SENTENCE, THE ORIGINAL WORK IS PROVIDED UNDER
THIS LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY, EITHER EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTY OF
NON-INFRINGEMENT AND WARRANTIES THAT THE ORIGINAL WORK IS MERCHANTABLE
OR FIT 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 ORIGINAL WORK IS
GRANTED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
7) Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL
THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE,
SHALL THE LICENSOR BE LIABLE TO ANY PERSON 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, EVEN IF SUCH PERSON SHALL HAVE BEEN INFORMED OF THE
POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT
APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH
PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH
LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION
AND LIMITATION MAY NOT APPLY TO YOU.
8) Acceptance and Termination. Nothing else but this License (or
another written agreement between Licensor and You) grants You
permission to create Derivative Works based upon the Original Work,
and any attempt to do so except under the terms of this License (or
another written agreement between Licensor and You) is expressly
prohibited by U.S. copyright law, the equivalent laws of other
countries, and by international treaty. Therefore, by exercising any
of the rights granted to You in Sections 1 and 2 herein, You indicate
Your acceptance of this License and all of its terms and conditions.
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 proviso in Section 1(c) herein.
9) Mutual 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 if You file a lawsuit in any court alleging
that any OSI Certified open source software that is licensed under any
license containing this "Mutual Termination for Patent Action" clause
infringes any patent claims that are essential to use that software.
10) Jurisdiction, Venue and Governing Law. You agree that any lawsuit
arising under or relating to this License shall be maintained in the
courts of the 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 the U.S. Copyright Act,
17 U.S.C. § 101 et seq., the equivalent laws of other countries, and
international treaty. This section shall survive the termination of
11) 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.
12) Miscellaneous. This License represents the complete agreement
concerning the subject matter hereof. 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.
13) 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.
This license is Copyright (C) 2002 Lawrence E. Rosen. All rights
reserved. Permission is hereby granted to copy and distribute this
license without modification. This license may not be modified without
the express written permission of its copyright owner.