The Open Software License
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v. 2.0
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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 2.0
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1) Grant of Copyright License. Licensor hereby grants You a world-wide,
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royalty-free, non-exclusive, perpetual, sublicenseable license to do the
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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
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Original Work;
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c) to distribute copies of the Original Work and Derivative Works to
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the public, with the proviso that copies of Original Work or Derivative
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Works that You distribute shall be licensed under the Open Software
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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,
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royalty-free, non-exclusive, perpetual, sublicenseable license, under
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patent claims owned or controlled by the Licensor that are embodied in the
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Original Work as furnished by the Licensor, to make, use, sell and offer
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for sale the Original Work and 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
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Original Work along with each copy of the Original Work that Licensor
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distributes. Licensor reserves the right to satisfy this obligation by
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placing a machine-readable copy of the Source Code in an information
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repository reasonably calculated to permit inexpensive and convenient
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access by You for as long as Licensor continues to distribute the Original
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Work, and by publishing the address of that information repository in a
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notice immediately following the copyright notice that applies to the
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Original Work.
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4) Exclusions From License Grant. Neither the names of Licensor, nor the
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names of any contributors to the Original Work, nor any of their trademarks
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or service marks, may be used to endorse or promote products derived from
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this Original Work without express prior written permission of the
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Licensor. Nothing in this License shall be deemed to grant any rights to
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trademarks, copyrights, patents, trade secrets or any other intellectual
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property of Licensor except as expressly stated herein. No patent license
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is granted to make, use, sell or offer to sell embodiments of any patent
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claims other than the licensed claims defined in Section 2. No right is
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granted to the trademarks of Licensor even if such marks are included in
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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
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Original 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
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distribution of the Original Work or Derivative Works in any way such that
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the Original Work or Derivative Works may be used by anyone other than You,
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whether the Original Work or Derivative Works are distributed to those
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persons or made available as an application intended for use over a
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computer network. As an express condition for the grants of license
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hereunder, You agree that any External Deployment by You of a Derivative
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Work shall be deemed a distribution and shall be licensed to all under the
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terms of this License, as prescribed in section 1(c) herein.
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6) Attribution Rights. You must retain, in the Source Code of any
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Derivative Works that You create, all copyright, patent or trademark
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notices from the Source Code of the Original Work, as well as any notices
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of licensing and any descriptive text identified therein as an "Attribution
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Notice." You must cause the Source Code for any Derivative Works that You
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create to carry a prominent Attribution otice reasonably calculated to
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inform recipients that You have modified the Original Work.
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7) Warranty of Provenance and Disclaimer of Warranty. Licensor warrants
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that the copyright in and to the Original Work and the patent rights
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granted herein by Licensor are owned by the Licensor or are sublicensed to
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You under the terms of this License with the permission of the
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contributor(s) of those copyrights and patent rights. Except as expressly
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stated in the immediately proceeding sentence, the Original Work is
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provided under this License on an "AS IS" BASIS and WITHOUT WARRANTY,
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either express or implied, including, without limitation, the warranties of
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NON-INFRINGEMENT, MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. THE
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ENTIRE RISK AS TO THE QUALITY OF THE ORIGINAL WORK IS WITH YOU. This
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DISCLAIMER OF WARRANTY constitutes an essential part of this License. No
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license to Original Work is granted hereunder except under this disclaimer.
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8) Limitation of Liability. Under no circumstances and under no legal
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theory, whether in tort (including negligence), contract, or otherwise,
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shall the Licensor be liable to any person for any direct, indirect,
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special, incidental, or consequential damages of any character arising as a
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result of this License or the use of the Original Work including, without
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limitation, damages for loss of goodwill, work stoppage, computer failure
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or malfunction, or any and all other commercial damages or losses. This
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limitation of liability shall not apply to liability for death or personal
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injury resulting from Licensor's negligence to the extent applicable law
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prohibits such limitation. Some jurisdictions do not allow the exclusion or
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limitation of incidental or consequential damages, so this exclusion and
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limitation may not apply to You.
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9) Acceptance and Termination. If You distribute copies of the Original
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Work or a Derivative Work, You must make a reasonable effort under the
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circumstances to obtain the express 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
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Section 1 herein, and any attempt to do so except under the terms of this
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License (or another written agreement between Licensor and You) is
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expressly prohibited by U.S. copyright law, the equivalent laws of other
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countries, and by international treaty. Therefore, by exercising any of the
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rights granted to You in Section 1 herein, You indicate Your acceptance of
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this License and all of its terms and conditions. This License shall
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terminate immediately and you may no longer exercise any of the rights
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granted to You by this License upon Your failure to honor the proviso in
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Section 1(c) herein.
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10) Termination for Patent Action. This License shall terminate
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automatically and You may no longer exercise any of the rights granted to
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You by this License as of the date You commence an action, including a
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cross-claim or counterclaim, for patent infringement (i) against Licensor
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with respect to a patent applicable to software or (ii) against any entity
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with respect to a patent applicable to the Original Work (but excluding
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combinations of the Original Work with other software or hardware).
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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
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the Licensor resides or in which Licensor conducts its primary business,
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and under the laws of that jurisdiction excluding its conflict-of-law
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provisions. The application of the United Nations Convention on Contracts
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for the International Sale of Goods is expressly excluded. Any use of the
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Original Work outside the scope of this License or after its termination
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shall be subject to the requirements and penalties of the U.S. Copyright
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Act, 17 U.S.C. ยง 101 et seq., the equivalent laws of other countries, and
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international treaty. This section shall survive the termination of this
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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,
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including any appeal of such action. This section shall survive the
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termination of this License.
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13) Miscellaneous. This License represents the complete agreement
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concerning the subject matter hereof. If any provision of this License is
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held to be unenforceable, such provision shall be reformed only to the
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extent necessary to make it enforceable.
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14) Definition of "You" in This License. "You" throughout this License,
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whether in upper or lower case, means an individual or a legal entity
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exercising rights under, and complying with all of the terms of, this
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License. For legal entities, "You" includes any entity that controls, is
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controlled by, or is under common control with you. For purposes of this
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definition, "control" means (i) the power, direct or indirect, to cause the
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direction or management of such entity, whether by contract or otherwise,
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or (ii) ownership of fifty percent (50%) or more of the outstanding shares,
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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) 2003 Lawrence E. Rosen. All rights reserved.
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Permission is hereby granted to copy and distribute this license without
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modification. This license may not be modified without the express written
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permission of its copyright owner.
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