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Appendix E Software License Conditions E-9
*
* 1. Redistributions of source code must retain the above copyright
notice, this
* list of conditions and the following disclaimer.
*
* 2. Redistributions in binary form must reproduce the above copyright
* notice, this list of conditions and the following disclaimer in the
* documentation and/or other materials provided with the distribution.
*
* 3. The name "Carnegie Mellon University" must not be used to endorse or
* promote products derived from this software without prior written
permission.
* For permission or any other legal details, please contact
* Office of Technology Transfer
* Carnegie Mellon University
* 5000 Forbes Avenue
* Pittsburgh, PA 15213-3890
* (412) 268-4387, fax: (412) 268-7395
* tech-transfer@andrew.cmu.edu
*
* 4. Redistributions of any form whatsoever must retain the following
* acknowledgment:
* "This product includes software developed by Computing Services at
* Carnegie Mellon University (http://www.cmu.edu/computing/)."
*
* CARNEGIE MELLON UNIVERSITY DISCLAIMS ALL WARRANTIES WITH
* REGARD TO THIS SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES
* OF MERCHANTABILITY AND FITNESS, IN NO EVENT SHALL CARNEGIE
* MELLON UNIVERSITY BE LIABLE
* FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR
* ANY DAMAGES
* WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS,
* WHETHER IN
* AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS
* ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR
* PERFORMANCE OF THIS SOFTWARE.
*/
-----
The Open Software License
v. 1.0
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"
License Terms
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
Original Work;
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 adistribution 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
THECOPYRIGHT 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 this License.
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.