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public/options/license/OSL-1.1
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public/options/license/OSL-1.1
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The Open Software License v. 1.1
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This Open Software License (the "License") applies to any original work of
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authorship (the "Original Work") whose owner (the "Licensor") has placed the
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following notice immediately following the copyright notice for the Original
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Work:
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Licensed under the Open Software License version 1.1
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1) Grant of Copyright License. Licensor hereby grants You a world-wide, royalty-free,
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non-exclusive, perpetual, non-sublicenseable license to do the following:
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a) to reproduce the Original Work in copies;
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b) to prepare derivative works ("Derivative Works") based upon the Original
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Work;
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c) to distribute copies of the Original Work and Derivative Works to the public,
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with the proviso that copies of Original Work or Derivative Works that You
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distribute shall be licensed under the Open Software License;
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d) to perform the Original Work publicly; and
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e) to display the Original Work publicly.
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2) Grant of Patent License. Licensor hereby grants You a world-wide, royalty-free,
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non-exclusive, perpetual, non-sublicenseable license, under patent claims
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owned or controlled by the Licensor that are embodied in the Original Work
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as furnished by the Licensor ("Licensed Claims") to make, use, sell and offer
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for sale the Original Work. Licensor hereby grants You a world-wide, royalty-free,
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non-exclusive, perpetual, non-sublicenseable license under the Licensed Claims
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to make, use, sell and offer for sale Derivative Works.
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3) Grant of Source Code License. The term "Source Code" means the preferred
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form of the Original Work for making modifications to it and all available
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documentation describing how to modify the Original Work. Licensor hereby
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agrees to provide a machine-readable copy of the Source Code of the Original
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Work along with each copy of the Original Work that Licensor distributes.
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Licensor reserves the right to satisfy this obligation by placing a machine-readable
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copy of the Source Code in an information repository reasonably calculated
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to permit inexpensive and convenient access by You for as long as Licensor
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continues to distribute the Original Work, and by publishing the address of
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that information repository in a notice immediately following the copyright
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notice that applies to the Original Work.
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4) Exclusions From License Grant. Nothing in this License shall be deemed
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to grant any rights to trademarks, copyrights, patents, trade secrets or any
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other intellectual property of Licensor except as expressly stated herein.
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No patent license is granted to make, use, sell or offer to sell embodiments
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of any patent claims other than the Licensed Claims defined in Section 2.
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No right is granted to the trademarks of Licensor even if such marks are included
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in the Original Work. Nothing in this License shall be interpreted to prohibit
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Licensor from licensing under different terms from this License any Original
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Work that Licensor otherwise would have a right to license.
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5) External Deployment. The term "External Deployment" means the use or distribution
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of the Original Work or Derivative Works in any way such that the Original
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Work or Derivative Works may be used by anyone other than You, whether the
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Original Work or Derivative Works are distributed to those persons or made
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available as an application intended for use over a computer network. As an
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express condition for the grants of license hereunder, You agree that any
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External Deployment by You of a Derivative Work shall be deemed a distribution
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and shall be licensed to all under the terms of this License, as prescribed
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in section 1(c) herein.
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6) Attribution Rights. You must retain, in the Source Code of any Derivative
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Works that You create, all copyright, patent or trademark notices from the
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Source Code of the Original Work, as well as any notices of licensing and
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any descriptive text identified therein as an "Attribution Notice." You must
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cause the Source Code for any Derivative Works that You create to carry a
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prominent Attribution Notice reasonably calculated to inform recipients that
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You have modified the Original Work.
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7) Warranty and Disclaimer of Warranty. Licensor warrants that the copyright
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in and to the Original Work is owned by the Licensor or that the Original
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Work is distributed by Licensor under a valid current license from the copyright
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owner. Except as expressly stated in the immediately proceeding sentence,
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the Original Work is provided under this License on an "AS IS" BASIS and WITHOUT
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WARRANTY, either express or implied, including, without limitation, the warranties
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of NON-INFRINGEMENT, MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.
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THE ENTIRE RISK AS TO THE QUALITY OF THE ORIGINAL WORK IS WITH YOU. This DISCLAIMER
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OF WARRANTY constitutes an essential part of this License. No license to Original
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Work is granted hereunder except under this disclaimer.
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8) Limitation of Liability. Under no circumstances and under no legal theory,
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whether in tort (including negligence), contract, or otherwise, shall the
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Licensor be liable to any person for any direct, indirect, special, incidental,
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or consequential damages of any character arising as a result of this License
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or the use of the Original Work including, without limitation, damages for
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loss of goodwill, work stoppage, computer failure or malfunction, or any and
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all other commercial damages or losses. This limitation of liability shall
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not apply to liability for death or personal injury resulting from Licensor's
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negligence to the extent applicable law prohibits such limitation. Some jurisdictions
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do not allow the exclusion or limitation of incidental or consequential damages,
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so this exclusion and limitation may not apply to You.
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9) Acceptance and Termination. If You distribute copies of the Original Work
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or a Derivative Work, You must make a reasonable effort under the circumstances
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to obtain the express and volitional assent of recipients to the terms of
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this License. Nothing else but this License (or another written agreement
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between Licensor and You) grants You permission to create Derivative Works
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based upon the Original Work or to exercise any of the rights granted in Sections
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1 herein, and any attempt to do so except under the terms of this License
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(or another written agreement between Licensor and You) is expressly prohibited
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by U.S. copyright law, the equivalent laws of other countries, and by international
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treaty. Therefore, by exercising any of the rights granted to You in Sections
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1 herein, You indicate Your acceptance of this License and all of its terms
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and conditions. This License shall terminate immediately and you may no longer
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exercise any of the rights granted to You by this License upon Your failure
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to honor the proviso in Section 1(c) herein.
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10) Mutual Termination for Patent Action. This License shall terminate automatically
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and You may no longer exercise any of the rights granted to You by this License
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if You file a lawsuit in any court alleging that any OSI Certified open source
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software that is licensed under any license containing this "Mutual Termination
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for Patent Action" clause infringes any patent claims that are essential to
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use that software.
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11) Jurisdiction, Venue and Governing Law. Any action or suit relating to
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this License may be brought only in the courts of a jurisdiction wherein the
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Licensor resides or in which Licensor conducts its primary business, and under
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the laws of that jurisdiction excluding its conflict-of-law provisions. The
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application of the United Nations Convention on Contracts for the International
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Sale of Goods is expressly excluded. Any use of the Original Work outside
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the scope of this License or after its termination shall be subject to the
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requirements and penalties of the U.S. Copyright Act, 17 U.S.C. å¤ 101 et
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seq., the equivalent laws of other countries, and international treaty. This
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section shall survive the termination of this License.
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12) Attorneys Fees. In any action to enforce the terms of this License or
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seeking damages relating thereto, the prevailing party shall be entitled to
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recover its costs and expenses, including, without limitation, reasonable
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attorneys' fees and costs incurred in connection with such action, including
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any appeal of such action. This section shall survive the termination of this
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License.
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13) Miscellaneous. This License represents the complete agreement concerning
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the subject matter hereof. If any provision of this License is held to be
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unenforceable, such provision shall be reformed only to the extent necessary
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to make it enforceable.
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14) Definition of "You" in This License. "You" throughout this License, whether
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in upper or lower case, means an individual or a legal entity exercising rights
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under, and complying with all of the terms of, this License. For legal entities,
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"You" includes any entity that controls, is controlled by, or is under common
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control with you. For purposes of this definition, "control" means (i) the
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power, direct or indirect, to cause the direction or management of such entity,
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whether by contract or otherwise, or (ii) ownership of fifty percent (50%)
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or more of the outstanding shares, or (iii) beneficial ownership of such entity.
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15) Right to Use. You may use the Original Work in all ways not otherwise
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restricted or conditioned by this License or by law, and Licensor promises
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not to interfere with or be responsible for such uses by You.
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This license is Copyright (C) 2002 Lawrence E. Rosen. All rights reserved.
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Permission is hereby granted to copy and distribute this license without modification.
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This license may not be modified without the express written permission of
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its copyright owner.
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