207 lines
12 KiB
Plaintext
207 lines
12 KiB
Plaintext
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Non-Profit Open Software License ("Non-Profit OSL") 3.0
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This Non-Profit Open Software License ("Non-Profit OSL") version 3.0
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(the "License") applies to any original work of authorship (the
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"Original Work") whose owner (the "Licensor") has placed
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the following licensing notice adjacent to the copyright notice for the
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Original Work:
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Licensed under the Non-Profit Open Software License version 3.0
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1) Grant of Copyright License. Licensor grants You a worldwide, royalty-free,
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non-exclusive, sublicensable license, for the duration of the copyright, to do
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the following:
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a) to reproduce the Original Work in copies, either alone or as part of a
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collective work;
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b) to translate, adapt, alter, transform, modify, or arrange the Original Work,
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thereby creating derivative works ("Derivative Works") based upon the
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Original Work;
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c) to distribute or communicate copies of the Original Work and Derivative
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Works to the public, with the proviso that copies of Original Work or
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Derivative Works that You distribute or communicate shall be licensed under
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this Non-Profit Open Software License or as provided in section 17(d);
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d) to perform the Original Work publicly; and
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e) to display the Original Work publicly.
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2) Grant of Patent License. Licensor grants You a worldwide, royalty-free, non-
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exclusive, sublicensable license, under patent claims owned or controlled by
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the Licensor that are embodied in the Original Work as furnished by the
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Licensor, for the duration of the patents, to make, use, sell, offer for sale,
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have made, and import the Original Work and Derivative Works.
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3) Grant of Source Code License. The term "Source Code" means the
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preferred form of the Original Work for making modifications to it and all
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available documentation describing how to modify the Original Work. Licensor
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agrees to provide a machine-readable copy of the Source Code of the Original
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Work along with each copy of the Original Work that Licensor distributes.
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Licensor reserves the right to satisfy this obligation by placing a machine-
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readable copy of the Source Code in an information repository reasonably
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calculated to permit inexpensive and convenient access by You for as long as
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Licensor continues to distribute the Original Work.
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4) Exclusions From License Grant. Neither the names of Licensor, nor the names
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of any contributors to the Original Work, nor any of their trademarks or
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service marks, may be used to endorse or promote products derived from this
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Original Work without express prior permission of the Licensor. Except as
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expressly stated herein, nothing in this License grants any license to
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Licensor's trademarks, copyrights, patents, trade secrets or any other
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intellectual property. No patent license is granted to make, use, sell, offer
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for sale, have made, or import embodiments of any patent claims other than the
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licensed claims defined in Section 2. No license is granted to the trademarks
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of Licensor even if such marks are included in the Original Work. Nothing in
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this License shall be interpreted to prohibit Licensor from licensing under
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terms different from this License any Original Work that Licensor otherwise
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would have a right to license.
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5) External Deployment. The term "External Deployment" means the use,
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distribution, or communication of the Original Work or Derivative Works in any
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way such that the Original Work or Derivative Works may be used by anyone other
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than You, whether those works are distributed or communicated to those persons
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or made available as an application intended for use over a network. As an
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express condition for the grants of license hereunder, You must treat any
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External Deployment by You of the Original Work or a Derivative Work as a
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distribution under section 1(c).
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6) Attribution Rights. You must retain, in the Source Code of any Derivative
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Works that You create, all copyright, patent, or trademark notices from the
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Source Code of the Original Work, as well as any notices of licensing and any
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descriptive text identified therein as an "Attribution Notice." You
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must cause the Source Code for any Derivative Works that You create to carry a
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prominent Attribution Notice reasonably calculated to inform recipients that
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You have modified the Original Work.
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7) Warranty of Provenance and Disclaimer of Warranty. The Original Work is
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provided under this License on an "AS IS" BASIS and WITHOUT WARRANTY,
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either express or implied, including, without limitation, the warranties of
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non-infringement, merchantability or fitness for a particular purpose. THE
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ENTIRE RISK AS TO THE QUALITY OF THE ORIGINAL WORK IS WITH YOU. This DISCLAIMER
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OF WARRANTY constitutes an essential part of this License. No license to the
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Original Work is granted by this License except under this disclaimer.
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8) Limitation of Liability. Under no circumstances and under no legal theory,
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whether in tort (including negligence), contract, or otherwise, shall the
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Licensor be liable to anyone for any direct, indirect, special, incidental, or
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consequential damages of any character arising as a result of this License or
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the use of the Original Work including, without limitation, damages for loss of
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goodwill, work stoppage, computer failure or malfunction, or any and all other
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commercial damages or losses. This limitation of liability shall not apply to
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the extent applicable law prohibits such limitation.
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9) Acceptance and Termination. If, at any time, You expressly assented to this
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License, that assent indicates your clear and irrevocable acceptance of this
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License and all of its terms and conditions. If You distribute or communicate
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copies of the Original Work or a Derivative Work, You must make a reasonable
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effort under the circumstances to obtain the express assent of recipients to
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the terms of this License. This License conditions your rights to undertake the
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activities listed in Section 1, including your right to create Derivative Works
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based upon the Original Work, and doing so without honoring these terms and
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conditions is prohibited by copyright law and international treaty. Nothing in
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this License is intended to affect copyright exceptions and limitations
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(including "fair use" or "fair dealing"). This License
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shall terminate immediately and You may no longer exercise any of the rights
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granted to You by this License upon your failure to honor the conditions in
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Section 1(c).
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10) Termination for Patent Action. This License shall terminate automatically
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and You may no longer exercise any of the rights granted to You by this License
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as of the date You commence an action, including a cross-claim or counterclaim,
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against Licensor or any licensee alleging that the Original Work infringes a
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patent. This termination provision shall not apply for an action alleging
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patent infringement by combinations of the Original Work with other software or
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hardware.
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11) Jurisdiction, Venue and Governing Law. Any action or suit relating to this
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License may be brought only in the courts of a jurisdiction wherein the
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Licensor resides or in which Licensor conducts its primary business, and under
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the laws of that jurisdiction excluding its conflict-of-law provisions. The
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application of the United Nations Convention on Contracts for the International
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Sale of Goods is expressly excluded. Any use of the Original Work outside the
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scope of this License or after its termination shall be subject to the
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requirements and penalties of copyright or patent law in the appropriate
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jurisdiction. This section shall survive the termination of this License.
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12) Attorneys' Fees. In any action to enforce the terms of this License or
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seeking damages relating thereto, the prevailing party shall be entitled to
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recover its costs and expenses, including, without limitation, reasonable
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attorneys' fees and costs incurred in connection with such action, including
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any appeal of such action. This section shall survive the termination of this
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License.
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13) Miscellaneous. If any provision of this License is held to be
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unenforceable, such provision shall be reformed only to the extent necessary to
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make it enforceable.
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14) Definition of "You" in This License. "You" throughout
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this License, whether in upper or lower case, means an individual or a legal
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entity exercising rights under, and complying with all of the terms of, this
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License. For legal entities, "You" includes any entity that controls,
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is controlled by, or is under common control with you. For purposes of this
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definition, "control" means (i) the power, direct or indirect, to
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cause the direction or management of such entity, whether by contract or
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otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding
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shares, or (iii) beneficial ownership of such entity.
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15) Right to Use. You may use the Original Work in all ways not otherwise
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restricted or conditioned by this License or by law, and Licensor promises not
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to interfere with or be responsible for such uses by You.
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16) Modification of This License. This License is Copyright © 2005 Lawrence
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Rosen. Permission is granted to copy, distribute, or communicate this License
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without modification. Nothing in this License permits You to modify this
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License as applied to the Original Work or to Derivative Works. However, You
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may modify the text of this License and copy, distribute or communicate your
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modified version (the "Modified License") and apply it to other
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original works of authorship subject to the following conditions: (i) You may
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not indicate in any way that your Modified License is the "Open Software
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License" or "OSL" and you may not use those names in the name of
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your Modified License; (ii) You must replace the notice specified in the first
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paragraph above with the notice "Licensed under <insert your license name
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here>" or with a notice of your own that is not confusingly similar to the
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notice in this License; and (iii) You may not claim that your original works
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are open source software unless your Modified License has been approved by Open
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Source Initiative (OSI) and You comply with its license review and
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certification process.
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17) Non-Profit Amendment. The name of this amended version of the Open Software
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License ("OSL 3.0") is "Non-Profit Open Software License
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3.0". The original OSL 3.0 license has been amended as follows:
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(a) Licensor represents and declares that it is a not-for-profit organization
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that derives no revenue whatsoever from the distribution of the Original Work
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or Derivative Works thereof, or from support or services relating thereto.
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(b) The first sentence of Section 7 ["Warranty of Provenance"] of OSL
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3.0 has been stricken. For Original Works licensed under this Non-Profit OSL
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3.0, LICENSOR OFFERS NO WARRANTIES WHATSOEVER.
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(c) In the first sentence of Section 8 ["Limitation of Liability"] of
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this Non-Profit OSL 3.0, the list of damages for which LIABILITY IS LIMITED now
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includes "direct" damages.
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(d) The proviso in Section 1(c) of this License now refers to this "Non-
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Profit Open Software License" rather than the "Open Software
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License". You may distribute or communicate the Original Work or
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Derivative Works thereof under this Non-Profit OSL 3.0 license only if You make
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the representation and declaration in paragraph (a) of this Section 17.
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Otherwise, You shall distribute or communicate the Original Work or Derivative
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Works thereof only under the OSL 3.0 license and You shall publish clear
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licensing notices so stating. Also by way of clarification, this License does
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not authorize You to distribute or communicate works under this Non-Profit OSL
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3.0 if You received them under the original OSL 3.0 license.
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(e) Original Works licensed under this license shall reference "Non-Profit
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OSL 3.0" in licensing notices to distinguish them from works licensed
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under the original OSL 3.0 license.
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