Attached for your review is version 1.0 of the Open Software License (OSL). I am submitting the OSL to Open Source Initiative for its approval.
The OSL is intended to serve the same functions as the GPL except that it is a contract, and to be interpreted under contract law, rather than a copyright license. Here are the major highlights of this license and its differences from the GPL: * This license applies to any original work of authorship, meaning that it can be applied to software, documentation, music, art, or any other copyrightable work. The GPL applies only to software. * The first sentence describes the mechanism for associating this license with an Original Work. This is more efficient than a template license. No such provision is in the GPL. * Section 1 is an explicit copyright grant, including all rights listed in 17 U.S.C. §106. The proviso in section 1(c) is a reciprocity provision equivalent to that in the GPL. This license is not sublicenseable, meaning that the licensor retains privity of contract (and hence the right to enforce this license) with all who obtain the Original Work. * Section 2 is an explicit patent grant. The grant extends only to claims that are embodied in the Original Work. This license is also not sublicenseable, meaning that patent rights come directly from the licensor and the licensor can sue directly to enforce the patent license. * Section 3 describes clear procedures for publishing, or otherwise making available, source code to the software. * Section 4 excludes trademarks and other forms of intellectual property of the licensor from the license grant. For example, rights are not granted to inventions that are merely described in the Original Work (for example, in a book *about* an invention) but are not embodied in it. * Section 5 contains a warranty that the licensor owns (or has the right to license) the Original Work. This provision differs from the GPL and most other open source licenses. In all other respects, the software is licensed AS-IS. * Section 6 contains an express limitation of liability, designed to protect the licensor from damaging lawsuits. * Section 7 makes it clear that this license is a contract. If the license is not accepted as a contract, however, no license is granted under copyright law. This is the opposite of the GPL. This section also makes clear that the license is immediately terminated upon the licensee's failure to honor the reciprocity obligations of section 1(c). * Section 8 provides that any lawsuits relating to this license are to be maintained in the licensor's venue and under the laws of that jurisdiction. This is not dealt with in the GPL. * Section 9 provides for attorneys' fees payable to the party that prevails in any lawsuit. This is not dealt with in the GPL. An attorneys' fees provision can help ensure that attorneys are available to help enforce the license. * Section 10 allows for new versions of the license. * Section 11 contains severability and merger provisions. * Section 12 defines "You" to handle legal entities who are licensees. * This license is copyright by me to prevent others from modifying it (and thereby confusing the public!). If you want to suggest changes or improvements to this license, contact me directly. /Larry Rosen [EMAIL PROTECTED] www.rosenlaw.com 707-485-1242 fax: 707-485-1243Title: Open Software License
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OPEN SOFTWARE LICENSE Version 1.0 dated 7/27/2002 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. If the Original Work is computer software, = 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. The term = “Source Code” means the preferred form of the Original Work for making modifications = to it and all available interface documentation. 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 inventions described in the Original Work. 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. 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. 6. 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 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. 7. 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 Section 1 herein, You indicate Your acceptance = of this License and all of its terms and conditions. This license shall = terminate immediately upon Your failure to honor the proviso in Section 1(c) = herein. In the event of termination under the previous sentence, all licenses that have been validly granted by You hereunder prior to termination shall survive termination. 8. 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. 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. 9. 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. 10. New Versions. Once the Original Work has been published under a particular version of = this License, You may always continue to exercise the rights granted in Section 1, 2 and 3 herein under the terms of that version. You may also choose to = exercise those rights under the terms of any subsequent version of this License published by the Open Source Initiative. 11. 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. 12. 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. |
