~~~DISCLAIMER AND SOURCE CODE LICENSE~~~
8:44 PM 2/2/2002~~~ The Open Software License
v. 1.1***Granted to >www.carolsplayground.com<***
~~~CAROL MAGUIRE--OWNER~~~
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 1.1
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 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 used by anyone other than You,
whether the Original Work or Derivative Works are distributed
to those persons or made available as an application intended
for use over a computer network. As an express condition for
the grants of license hereunder, You agree that any External
Deployment by You of a Derivative Work 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) Attribution Rights. You must retain, in the Source Code of
any Derivative Works that You create, all copyright, patent or
trademark notices from the Source Code of the Original Work,
as well as any notices of licensing and any descriptive text
identified therein as an "Attribution Notice." You must cause
the Source Code for any Derivative Works that You create to
carry a prominent Attribution Notice reasonably calculated to
inform recipients that You have modified the Original Work.
7) 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 proceeding
sentence, the Original Work is provided under this License on
an "AS IS" BASIS and WITHOUT WARRANTY, either express or
implied, including, without limitation, the warranties of
NON-INFRINGEMENT, MERCHANTABILITY or FITNESS 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.
8) Limitation of Liability. Under no circumstances and under
no legal theory, whether in 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. This limitation of liability
shall not apply to liability for death or personal injury
resulting from Licensor'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.
9) Acceptance and Termination. If You distribute copies of the
Original Work or a Derivative Work, You must make a
reasonable effort under the circumstances to obtain the
express and volitional assent of recipients to the terms of
this License. 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 or to
exercise any of the rights granted in Sections 1 herein, 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 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.
10) 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.
11) Jurisdiction, Venue and Governing Law. Any action or suit
relating to this License may be brought only in the courts of a
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.
12) 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.
13) 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.
14) 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.
15) Right to Use. You may use the Original Work in all ways
not otherwise restricted or conditioned by this License or by
law, and Licensor promises not to interfere with or be
responsible for such uses by You.
This license is Copyright (C)2002 Carol A. Maguire. 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. www.carolsplayground.com