[Linux-bruxelles] nouvelle licence de l'Open Source Initiative: l'OSL

[Osvaldo La Rosa]

OSL - Open Source License


                           OPEN SOFTWARE LICENSE
   
                        Version 1.0 dated 9/25/2002
   
   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 a
   distribution 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
   THE COPYRIGHT 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.
   
   12.  Miscellaneous.  This License represents the complete agreement
   concerning the subject matter hereof.  If any provision of this
   License is held to be unenforceable, such provision shall be reformed
   only to the extent necessary to make it enforceable.  
   
   13.  Definition of "You" in This License.  "You" throughout this
   License, whether in upper or lower case, means an individual or a
   legal entity exercising rights under, and complying with all of the
   terms of, this License.  For legal entities, "You" includes any entity
   that controls, is controlled by, or is under common control with you.
   For purposes of this definition, "control" means (i) the power, direct
   or indirect, to cause the direction or management of such entity,
   whether by contract or otherwise, or (ii) ownership of fifty percent
   (50%) or more of the outstanding shares, or (iii) beneficial ownership
   of such entity.
   
   This license is Copyright (C) 2002 Lawrence E. Rosen.  All rights
   reserved.  Permission is hereby granted to copy and distribute this
   license without modification.  This license may not be modified
   without the express written permission of its copyright owner.