1 Open Software License (“OSL”) v. 3.0
3 This Open Software License (the "License") applies to any original work of
4 authorship (the "Original Work") whose owner (the "Licensor") has placed
5 the following licensing notice adjacent to the copyright notice for the
8 Licensed under the Open Software License version 3.0
10 1) Grant of Copyright License. Licensor grants You a worldwide, royalty-free,
11 non-exclusive, sublicensable license, for the duration of the copyright,
14 a) to reproduce the Original Work in copies, either alone or as part of a
17 b) to translate, adapt, alter, transform, modify, or arrange the Original
18 Work, thereby creating derivative works ("Derivative Works") based upon the
21 c) to distribute or communicate copies of the Original Work and Derivative
22 Works to the public, with the proviso that copies of Original Work or
23 Derivative Works that You distribute or communicate shall be licensed under
24 this Open Software License;
26 d) to perform the Original Work publicly; and
28 e) to display the Original Work publicly.
30 2) Grant of Patent License. Licensor grants You a worldwide, royalty-free,
31 non-exclusive, sublicensable license, under patent claims owned or controlled
32 by the Licensor that are embodied in the Original Work as furnished by the
33 Licensor, for the duration of the patents, to make, use, sell, offer for sale,
34 have made, and import the Original Work and Derivative Works.
36 3) Grant of Source Code License. The term "Source Code" means the preferred
37 form of the Original Work for making modifications to it and all available
38 documentation describing how to modify the Original Work. Licensor agrees
39 to provide a machine-readable copy of the Source Code of the Original Work
40 along with each copy of the Original Work that Licensor distributes. Licensor
41 reserves the right to satisfy this obligation by placing a machine-readable
42 copy of the Source Code in an information repository reasonably calculated
43 to permit inexpensive and convenient access by You for as long as Licensor
44 continues to distribute the Original Work.
46 4) Exclusions From License Grant. Neither the names of Licensor, nor the
47 names of any contributors to the Original Work, nor any of their trademarks
48 or service marks, may be used to endorse or promote products derived from
49 this Original Work without express prior permission of the Licensor. Except
50 as expressly stated herein, nothing in this License grants any license to
51 Licensor’s trademarks, copyrights, patents, trade secrets or any other
52 intellectual property. No patent license is granted to make, use, sell,
53 offer for sale, have made, or import embodiments of any patent claims other
54 than the licensed claims defined in Section 2. No license is granted to
55 the trademarks of Licensor even if such marks are included in the Original
56 Work. Nothing in this License shall be interpreted to prohibit Licensor
57 from licensing under terms different from this License any Original Work
58 that Licensor otherwise would have a right to license.
60 5) External Deployment. The term "External Deployment" means the use,
61 distribution, or communication of the Original Work or Derivative Works
62 in any way such that the Original Work or Derivative Works may be used by
63 anyone other than You, whether those works are distributed or communicated
64 to those persons or made available as an application intended for use over
65 a network. As an express condition for the grants of license hereunder,
66 You must treat any External Deployment by You of the Original Work or a
67 Derivative Work as a distribution under section 1(c).
69 6) Attribution Rights. You must retain, in the Source Code of any Derivative
70 Works that You create, all copyright, patent, or trademark notices from
71 the Source Code of the Original Work, as well as any notices of licensing
72 and any descriptive text identified therein as an "Attribution Notice." You
73 must cause the Source Code for any Derivative Works that You create to carry
74 a prominent Attribution Notice reasonably calculated to inform recipients
75 that You have modified the Original Work.
77 7) Warranty of Provenance and Disclaimer of Warranty. Licensor warrants
78 that the copyright in and to the Original Work and the patent rights granted
79 herein by Licensor are owned by the Licensor or are sublicensed to You under
80 the terms of this License with the permission of the contributor(s) of those
81 copyrights and patent rights. Except as expressly stated in the immediately
82 preceding sentence, the Original Work is provided under this License on an
83 "AS IS" BASIS and WITHOUT WARRANTY, either express or implied, including,
84 without limitation, the warranties of non-infringement, merchantability
85 or fitness for a particular purpose. THE ENTIRE RISK AS TO THE QUALITY OF
86 THE ORIGINAL WORK IS WITH YOU. This DISCLAIMER OF WARRANTY constitutes an
87 essential part of this License. No license to the Original Work is granted
88 by this License except under this disclaimer.
90 8) Limitation of Liability. Under no circumstances and under no legal theory,
91 whether in tort (including negligence), contract, or otherwise, shall the
92 Licensor be liable to anyone for any indirect, special, incidental, or
93 consequential damages of any character arising as a result of this License
94 or the use of the Original Work including, without limitation, damages for
95 loss of goodwill, work stoppage, computer failure or malfunction, or any and
96 all other commercial damages or losses. This limitation of liability shall
97 not apply to the extent applicable law prohibits such limitation.
99 9) Acceptance and Termination. If, at any time, You expressly assented to
100 this License, that assent indicates your clear and irrevocable acceptance
101 of this License and all of its terms and conditions. If You distribute or
102 communicate copies of the Original Work or a Derivative Work, You must make
103 a reasonable effort under the circumstances to obtain the express assent
104 of recipients to the terms of this License. This License conditions your
105 rights to undertake the activities listed in Section 1, including your
106 right to create Derivative Works based upon the Original Work, and doing
107 so without honoring these terms and conditions is prohibited by copyright
108 law and international treaty. Nothing in this License is intended to affect
109 copyright exceptions and limitations (including “fair use” or “fair
110 dealing”). This License shall terminate immediately and You may no longer
111 exercise any of the rights granted to You by this License upon your failure
112 to honor the conditions in Section 1(c).
114 10) Termination for Patent Action. This License shall terminate automatically
115 and You may no longer exercise any of the rights granted to You by this
116 License as of the date You commence an action, including a cross-claim or
117 counterclaim, against Licensor or any licensee alleging that the Original
118 Work infringes a patent. This termination provision shall not apply for an
119 action alleging patent infringement by combinations of the Original Work
120 with other software or hardware.
122 11) Jurisdiction, Venue and Governing Law. Any action or suit relating to
123 this License may be brought only in the courts of a jurisdiction wherein the
124 Licensor resides or in which Licensor conducts its primary business, and under
125 the laws of that jurisdiction excluding its conflict-of-law provisions. The
126 application of the United Nations Convention on Contracts for the International
127 Sale of Goods is expressly excluded. Any use of the Original Work outside
128 the scope of this License or after its termination shall be subject to the
129 requirements and penalties of copyright or patent law in the appropriate
130 jurisdiction. This section shall survive the termination of this License.
132 12) Attorneys’ Fees. In any action to enforce the terms of this License
133 or seeking damages relating thereto, the prevailing party shall be entitled
134 to recover its costs and expenses, including, without limitation, reasonable
135 attorneys' fees and costs incurred in connection with such action, including
136 any appeal of such action. This section shall survive the termination of
139 13) Miscellaneous. If any provision of this License is held to be
140 unenforceable, such provision shall be reformed only to the extent necessary
141 to make it enforceable.
143 14) Definition of "You" in This License. "You" throughout this License,
144 whether in upper or lower case, means an individual or a legal entity
145 exercising rights under, and complying with all of the terms of, this
146 License. For legal entities, "You" includes any entity that controls, is
147 controlled by, or is under common control with you. For purposes of this
148 definition, "control" means (i) the power, direct or indirect, to cause the
149 direction or management of such entity, whether by contract or otherwise,
150 or (ii) ownership of fifty percent (50%) or more of the outstanding shares,
151 or (iii) beneficial ownership of such entity.
153 15) Right to Use. You may use the Original Work in all ways not otherwise
154 restricted or conditioned by this License or by law, and Licensor promises
155 not to interfere with or be responsible for such uses by You.
157 16) Modification of This License. This License is Copyright © 2005 Lawrence
158 Rosen. Permission is granted to copy, distribute, or communicate this License
159 without modification. Nothing in this License permits You to modify this
160 License as applied to the Original Work or to Derivative Works. However, You
161 may modify the text of this License and copy, distribute or communicate your
162 modified version (the "Modified License") and apply it to other original works
163 of authorship subject to the following conditions: (i) You may not indicate
164 in any way that your Modified License is the "Open Software License" or "OSL"
165 and you may not use those names in the name of your Modified License; (ii)
166 You must replace the notice specified in the first paragraph above with the
167 notice "Licensed under <insert your license name here>" or with a notice of
168 your own that is not confusingly similar to the notice in this License; and
169 (iii) You may not claim that your original works are open source software
170 unless your Modified License has been approved by Open Source Initiative
171 (OSI) and You comply with its license review and certification process.