The Android Open Source Project | 441f72d | 2009-03-03 19:29:28 -0800 | [diff] [blame] | 1 | The Open Software License |
| 2 | v. 1.0 |
| 3 | |
| 4 | This Open Software License (the "License") applies to any original |
| 5 | work of authorship (the "Original Work") whose owner (the "Licensor") |
| 6 | has placed the following notice immediately following the copyright |
| 7 | notice for the Original Work: "Licensed under the Open Software |
| 8 | License version 1.0" |
| 9 | |
| 10 | License Terms |
| 11 | |
| 12 | 1) Grant of Copyright License. Licensor hereby grants You a |
| 13 | world-wide, royalty-free, non-exclusive, perpetual, non-sublicenseable |
| 14 | license to do the following: |
| 15 | |
| 16 | a) to reproduce the Original Work in copies; |
| 17 | |
| 18 | b) to prepare derivative works ("Derivative Works") based upon the |
| 19 | Original Work; |
| 20 | |
| 21 | c) to distribute copies of the Original Work and Derivative Works |
| 22 | to the public, with the proviso that copies of Original Work or |
| 23 | Derivative Works that You distribute shall be licensed under the |
| 24 | Open Software License; |
| 25 | |
| 26 | d) to perform the Original Work publicly; and |
| 27 | |
| 28 | e) to display the Original Work publicly. |
| 29 | |
| 30 | 2) Grant of Patent License. Licensor hereby grants You a world-wide, |
| 31 | royalty-free, non-exclusive, perpetual, non-sublicenseable license, |
| 32 | under patent claims owned or controlled by the Licensor that are |
| 33 | embodied in the Original Work as furnished by the Licensor ("Licensed |
| 34 | Claims") to make, use, sell and offer for sale the Original Work. |
| 35 | Licensor hereby grants You a world-wide, royalty-free, non-exclusive, |
| 36 | perpetual, non-sublicenseable license under the Licensed Claims to |
| 37 | make, use, sell and offer for sale Derivative Works. |
| 38 | |
| 39 | 3) Grant of Source Code License. The term "Source Code" means the |
| 40 | preferred form of the Original Work for making modifications to it and |
| 41 | all available documentation describing how to access and modify the |
| 42 | Original Work. Licensor hereby agrees to provide a machine-readable |
| 43 | copy of the Source Code of the Original Work along with each copy of |
| 44 | the Original Work that Licensor distributes. Licensor reserves the |
| 45 | right to satisfy this obligation by placing a machine-readable copy of |
| 46 | the Source Code in an information repository reasonably calculated to |
| 47 | permit inexpensive and convenient access by You for as long as |
| 48 | Licensor continues to distribute the Original Work, and by publishing |
| 49 | the address of that information repository in a notice immediately |
| 50 | following the copyright notice that applies to the Original Work. |
| 51 | |
| 52 | 4) Exclusions From License Grant. Nothing in this License shall be |
| 53 | deemed to grant any rights to trademarks, copyrights, patents, trade |
| 54 | secrets or any other intellectual property of Licensor except as |
| 55 | expressly stated herein. No patent license is granted to make, use, |
| 56 | sell or offer to sell embodiments of any patent claims other than the |
| 57 | Licensed Claims defined in Section 2. No right is granted to the |
| 58 | trademarks of Licensor even if such marks are included in the Original |
| 59 | Work. Nothing in this License shall be interpreted to prohibit |
| 60 | Licensor from licensing under different terms from this License any |
| 61 | Original Work that Licensor otherwise would have a right to license. |
| 62 | |
| 63 | 5) External Deployment. The term "External Deployment" means the use |
| 64 | or distribution of the Original Work or Derivative Works in any way |
| 65 | such that the Original Work or Derivative Works may be accessed or |
| 66 | used by anyone other than You, whether the Original Work or Derivative |
| 67 | Works are distributed to those persons, made available as an |
| 68 | application intended for use over a computer network, or used to |
| 69 | provide services or otherwise deliver content to anyone other than |
| 70 | You. As an express condition for the grants of license hereunder, You |
| 71 | agree that any External Deployment by You shall be deemed a |
| 72 | distribution and shall be licensed to all under the terms of this |
| 73 | License, as prescribed in section 1(c) herein. |
| 74 | |
| 75 | 6) Warranty and Disclaimer of Warranty. LICENSOR WARRANTS THAT THE |
| 76 | COPYRIGHT IN AND TO THE ORIGINAL WORK IS OWNED BY THE LICENSOR OR THAT |
| 77 | THE ORIGINAL WORK IS DISTRIBUTED BY LICENSOR UNDER A VALID CURRENT |
| 78 | LICENSE FROM THE COPYRIGHT OWNER. EXCEPT AS EXPRESSLY STATED IN THE |
| 79 | IMMEDIATELY PRECEEDING SENTENCE, THE ORIGINAL WORK IS PROVIDED UNDER |
| 80 | THIS LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY, EITHER EXPRESS OR |
| 81 | IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTY OF |
| 82 | NON-INFRINGEMENT AND WARRANTIES THAT THE ORIGINAL WORK IS MERCHANTABLE |
| 83 | OR FIT FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY OF |
| 84 | THE ORIGINAL WORK IS WITH YOU. THIS DISCLAIMER OF WARRANTY CONSTITUTES |
| 85 | AN ESSENTIAL PART OF THIS LICENSE. NO LICENSE TO ORIGINAL WORK IS |
| 86 | GRANTED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. |
| 87 | |
| 88 | 7) Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL |
| 89 | THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, |
| 90 | SHALL THE LICENSOR BE LIABLE TO ANY PERSON FOR ANY DIRECT, INDIRECT, |
| 91 | SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING |
| 92 | AS A RESULT OF THIS LICENSE OR THE USE OF THE ORIGINAL WORK INCLUDING, |
| 93 | WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, |
| 94 | COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL |
| 95 | DAMAGES OR LOSSES, EVEN IF SUCH PERSON SHALL HAVE BEEN INFORMED OF THE |
| 96 | POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT |
| 97 | APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH |
| 98 | PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH |
| 99 | LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR |
| 100 | LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION |
| 101 | AND LIMITATION MAY NOT APPLY TO YOU. |
| 102 | |
| 103 | 8) Acceptance and Termination. Nothing else but this License (or |
| 104 | another written agreement between Licensor and You) grants You |
| 105 | permission to create Derivative Works based upon the Original Work, |
| 106 | and any attempt to do so except under the terms of this License (or |
| 107 | another written agreement between Licensor and You) is expressly |
| 108 | prohibited by U.S. copyright law, the equivalent laws of other |
| 109 | countries, and by international treaty. Therefore, by exercising any |
| 110 | of the rights granted to You in Sections 1 and 2 herein, You indicate |
| 111 | Your acceptance of this License and all of its terms and conditions. |
| 112 | This license shall terminate immediately and you may no longer |
| 113 | exercise any of the rights granted to You by this License upon Your |
| 114 | failure to honor the proviso in Section 1(c) herein. |
| 115 | |
| 116 | 9) Mutual Termination for Patent Action. This License shall terminate |
| 117 | automatically and You may no longer exercise any of the rights granted |
| 118 | to You by this License if You file a lawsuit in any court alleging |
| 119 | that any OSI Certified open source software that is licensed under any |
| 120 | license containing this "Mutual Termination for Patent Action" clause |
| 121 | infringes any patent claims that are essential to use that software. |
| 122 | |
| 123 | 10) Jurisdiction, Venue and Governing Law. You agree that any lawsuit |
| 124 | arising under or relating to this License shall be maintained in the |
| 125 | courts of the jurisdiction wherein the Licensor resides or in which |
| 126 | Licensor conducts its primary business, and under the laws of that |
| 127 | jurisdiction excluding its conflict-of-law provisions. The application |
| 128 | of the United Nations Convention on Contracts for the International |
| 129 | Sale of Goods is expressly excluded. Any use of the Original Work |
| 130 | outside the scope of this License or after its termination shall be |
| 131 | subject to the requirements and penalties of the U.S. Copyright Act, |
| 132 | 17 U.S.C. ยง 101 et seq., the equivalent laws of other countries, and |
| 133 | international treaty. This section shall survive the termination of |
| 134 | this License. |
| 135 | |
| 136 | 11) Attorneys Fees. In any action to enforce the terms of this License |
| 137 | or seeking damages relating thereto, the prevailing party shall be |
| 138 | entitled to recover its costs and expenses, including, without |
| 139 | limitation, reasonable attorneys' fees and costs incurred in |
| 140 | connection with such action, including any appeal of such action. This |
| 141 | section shall survive the termination of this License. |
| 142 | |
| 143 | 12) Miscellaneous. This License represents the complete agreement |
| 144 | concerning the subject matter hereof. If any provision of this License |
| 145 | is held to be unenforceable, such provision shall be reformed only to |
| 146 | the extent necessary to make it enforceable. |
| 147 | |
| 148 | 13) Definition of "You" in This License. "You" throughout this |
| 149 | License, whether in upper or lower case, means an individual or a |
| 150 | legal entity exercising rights under, and complying with all of the |
| 151 | terms of, this License. For legal entities, "You" includes any entity |
| 152 | that controls, is controlled by, or is under common control with you. |
| 153 | For purposes of this definition, "control" means (i) the power, direct |
| 154 | or indirect, to cause the direction or management of such entity, |
| 155 | whether by contract or otherwise, or (ii) ownership of fifty percent |
| 156 | (50%) or more of the outstanding shares, or (iii) beneficial ownership |
| 157 | of such entity. |
| 158 | |
| 159 | This license is Copyright (C) 2002 Lawrence E. Rosen. All rights |
| 160 | reserved. Permission is hereby granted to copy and distribute this |
| 161 | license without modification. This license may not be modified without |
| 162 | the express written permission of its copyright owner. |