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LICENSE
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LICENSE
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Open Software License ("OSL") v. 3.0
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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 licensing notice adjacent to the copyright notice for the Original
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Work:
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Licensed under the Open Software License version 3.0
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1) Grant of Copyright License. Licensor grants You a worldwide, royalty-free,
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non-exclusive, sublicensable license, for the duration of the copyright, to do
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the following:
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a) to reproduce the Original Work in copies, either alone or as part of a
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collective work;
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b) to translate, adapt, alter, transform, modify, or arrange the Original
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Work, thereby creating derivative works ("Derivative Works") based upon the
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Original Work;
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c) to distribute or communicate copies of the Original Work and Derivative
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Works to the public, with the proviso that copies of Original Work or
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Derivative Works that You distribute or communicate shall be licensed under
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this 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 grants You a worldwide, royalty-free,
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non-exclusive, sublicensable license, under patent claims owned or controlled
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by the Licensor that are embodied in the Original Work as furnished by the
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Licensor, for the duration of the patents, to make, use, sell, offer for sale,
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have made, and import 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 agrees to
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provide a machine-readable copy of the Source Code of the Original Work along
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with each copy of the Original Work that Licensor distributes. Licensor
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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 to
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permit inexpensive and convenient access by You for as long as Licensor
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continues to distribute the Original Work.
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4) Exclusions From License Grant. Neither the names of Licensor, nor the names
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of any contributors to the Original Work, nor any of their trademarks or
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service marks, may be used to endorse or promote products derived from this
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Original Work without express prior permission of the Licensor. Except as
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expressly stated herein, nothing in this License grants any license to
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Licensor's trademarks, copyrights, patents, trade secrets or any other
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intellectual property. No patent license is granted to make, use, sell, offer
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for sale, have made, or import embodiments of any patent claims other than the
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licensed claims defined in Section 2. No license is granted to the trademarks
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of Licensor even if such marks are included in the Original Work. Nothing in
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this License shall be interpreted to prohibit Licensor from licensing under
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terms different from this License any Original Work that Licensor otherwise
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would have a right to license.
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5) External Deployment. The term "External Deployment" means the use,
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distribution, or communication of the Original Work or Derivative Works in any
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way such that the Original Work or Derivative Works may be used by anyone
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other than You, whether those works are distributed or communicated to those
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persons or made available as an application intended for use over a network.
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As an express condition for the grants of license hereunder, You must treat
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any External Deployment by You of the Original Work or a Derivative Work as a
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distribution under section 1(c).
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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 any
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descriptive text identified therein as an "Attribution Notice." You must cause
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the Source Code for any Derivative Works that You create to carry a prominent
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Attribution Notice reasonably calculated to inform recipients that You have
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modified the Original Work.
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7) Warranty of Provenance and Disclaimer of Warranty. Licensor warrants that
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the copyright in and to the Original Work and the patent rights granted herein
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by Licensor are owned by the Licensor or are sublicensed to You under the
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terms of this License with the permission of the contributor(s) of those
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copyrights and patent rights. Except as expressly stated in the immediately
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preceding sentence, the Original Work is provided under this License on an "AS
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IS" BASIS and WITHOUT WARRANTY, either express or implied, including, without
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limitation, the warranties of non-infringement, merchantability or fitness for
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a particular purpose. THE ENTIRE RISK AS TO THE QUALITY OF THE ORIGINAL WORK
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IS WITH YOU. This DISCLAIMER OF WARRANTY constitutes an essential part of this
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License. No license to the Original Work is granted by this License except
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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 anyone for any indirect, special, incidental, or
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consequential damages of any character arising as a result of this License or
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the use of the Original Work including, without limitation, damages for loss
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of goodwill, work stoppage, computer failure or malfunction, or any and all
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other commercial damages or losses. This limitation of liability shall not
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apply to the extent applicable law prohibits such limitation.
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9) Acceptance and Termination. If, at any time, You expressly assented to this
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License, that assent indicates your clear and irrevocable acceptance of this
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License and all of its terms and conditions. If You distribute or communicate
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copies of the Original Work or a Derivative Work, You must make a reasonable
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effort under the circumstances to obtain the express assent of recipients to
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the terms of this License. This License conditions your rights to undertake
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the activities listed in Section 1, including your right to create Derivative
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Works based upon the Original Work, and doing so without honoring these terms
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and conditions is prohibited by copyright law and international treaty.
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Nothing in this License is intended to affect copyright exceptions and
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limitations (including "fair use" or "fair dealing"). This License shall
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terminate immediately and You may no longer exercise any of the rights granted
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to You by this License upon your failure to honor the conditions in Section
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1(c).
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10) 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
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License as of the date You commence an action, including a cross-claim or
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counterclaim, against Licensor or any licensee alleging that the Original Work
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infringes a patent. This termination provision shall not apply for an action
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alleging patent infringement by combinations of the Original Work with other
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software or hardware.
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11) Jurisdiction, Venue and Governing Law. Any action or suit relating to this
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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
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International Sale of Goods is expressly excluded. Any use of the Original
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Work outside the scope of this License or after its termination shall be
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subject to the requirements and penalties of copyright or patent law in the
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appropriate jurisdiction. 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, 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. 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,
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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 License.
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For legal entities, "You" includes any entity that controls, is controlled by,
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or is under common control with you. For purposes of this definition,
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"control" means (i) the power, direct or indirect, to cause the direction or
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management of such entity, whether by contract or otherwise, or (ii) ownership
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of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial
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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 not
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to interfere with or be responsible for such uses by You.
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16) Modification of This License. This License is Copyright © 2005 Lawrence
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Rosen. Permission is granted to copy, distribute, or communicate this License
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without modification. Nothing in this License permits You to modify this
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License as applied to the Original Work or to Derivative Works. However, You
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may modify the text of this License and copy, distribute or communicate your
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modified version (the "Modified License") and apply it to other original works
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of authorship subject to the following conditions: (i) You may not indicate in
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any way that your Modified License is the "Open Software License" or "OSL" and
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you may not use those names in the name of your Modified License; (ii) You
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must replace the notice specified in the first paragraph above with the notice
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"Licensed under <insert your license name here>" or with a notice of your own
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that is not confusingly similar to the notice in this License; and (iii) You
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may not claim that your original works are open source software unless your
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Modified License has been approved by Open Source Initiative (OSI) and You
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comply with its license review and certification process.
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