For Approval: OSPI License 1.0

Fri Aug 1 23:14:54 UTC 2003

In accordance with the procedures described at opensource.org, please
consider the OSPI License for OSI Certification. The Open Source
Portfolio Initiative (OSPI) is a relatively new project formed to
provide electronic portfolio software for use in education. Find out
more about our initiative at www.theospi.org.

SECTION 1
This license is most similar to the Jabber Open Source License (JOSL).
Because that license has direct references to Jabber, Inc., and
Jabber.com, and Jabber software, it did not suit our needs as is. We
changed the following:

"Jabber" or "Jabber.con, Inc." shall be changed to read "the Open Source
Portfolio Initiative" or "OSPI" in each instance in the License.

"Open Source Portfolio Initiative (OSPI)" shall be defined to mean the
"Licensor" and "the founding members of OSPI consist of Regents of the
University of Minnesota (University of Minnesota), the University of
Delaware, and the r-smart group, inc." in the License.

Governing law shall be changed to "Minnesota" and legal venue shall be
changed to "Hennepin County, Minnesota" in section 13 of the License.

Copyrights section in the License shall be changed to read in its
entirety: 
"Portions created by or assigned to the University of Minnesota are
Copyright (c) 2003 Regents of the University of Minnesota.  All Rights
Reserved. Contact information for OSPI is available at
http://www.theospi.org/. 
Portions Copyright (c) 2003 the r-smart group, inc.
Portions Copyright (c) 2003 The University of Delaware." 

Acknowledgements section in the License shall be changed to read in its
entirety: "Special thanks to the OSPI Users and Contributors for their
suggestions and support."

Modifications section of the License shall initially be deleted in its
entirety, but additional information shall be added in time in
accordance with the terms of the License.

Credit Line:
The second sentence of the Preamble of the License shall be changed to
read in its entirety: "This License is based on the Jabber Open Source
License Version 1.0 and complies with the Open Source Definition and has
been submitted for approval by the Open Source Initiative." 

We also obtained permission from Peter Saint-Andre, Executive Director
of the Jabber Software Foundation to use the license and modify it.

*** SECTION 2 ***
Software distributed under the OSPI license can be distributed along
with software distributed under other licenses. As long as the
conditions of the OSPI license continue to be met, combined and
derivative works can be distributed under any other OSI Certified
license as well. I don't think there are other licenses that are
completely incompatible.

*** SECTION 3 ***
Below find the full text of the license between the <ospi license> and
</ospi license> tags. In addition, the license is present at
http://www.theospi.org/resources/OSPILicense.html

<ospi license>

OSPI License
Version 1.0
This OSPI License (the "License") applies to the open source portfolio
(OSP) and related software products as well as any updates or
maintenance releases of that software ("OSPI Products") that are
distributed by the Open Source Portfolio Initiative (OSPI) ("Licensor"),
and the founding members of OSPI consist of Regents of the University of
Minnesota (University of Minnesota), the University of Delaware, and the
r-smart group, inc. Any OSPI Product licensed pursuant to this License
is a Licensed Product. Licensed Product, in its entirety, is protected
by U.S. copyright law. This License identifies the terms under which you
may use, copy, distribute or modify Licensed Product. 
Preamble
This Preamble is intended to describe, in plain English, the nature and
scope of this License. However, this Preamble is not a part of this
license. The legal effect of this License is dependent only upon the
terms of the License and not this Preamble.

This License is based on the Jabber Open Source License Version 1.0 and
complies with the Open Source Definition and has been submitted for
approval by the Open Source Initiative.

This License provides that:

You may use, sell or give away the Licensed Product, alone or as a
component of an aggregate software distribution containing programs from
several different sources. No royalty or other fee is required.

Both Source Code and executable versions of the Licensed Product,
including Modifications made by previous Contributors, are available for
your use. (The terms "Licensed Product," "Modifications," "Contributors"
and "Source Code" are defined in the License.)

You are allowed to make Modifications to the Licensed Product, and you
can create Derivative Works from it. (The term "Derivative Works" is
defined in the License.)

By accepting the Licensed Product under the provisions of this License,
you agree that any Modifications you make to the Licensed Product and
then distribute are governed by the provisions of this License. In
particular, you must make the Source Code of your Modifications
available to others.

You may use the Licensed Product for any purpose, but the Licensor is
not providing you any warranty whatsoever, nor is the Licensor accepting
any liability in the event that the Licensed Product doesn't work
properly or causes you any injury or damages.

If you sublicense the Licensed Product or Derivative Works, you may
charge fees for warranty or support, or for accepting indemnity or
liability obligations to your customers. You cannot charge for the
Source Code.

If you assert any patent claims against the Licensor relating to the
Licensed Product, or if you breach any terms of the License, your rights
to the Licensed Product under this License automatically terminate. 
You may use this License to distribute your own Derivative Works, in
which case the provisions of this License will apply to your Derivative
Works just as they do to the original Licensed Product.

Alternatively, you may distribute your Derivative Works under any other
OSI-approved Open Source license, or under a proprietary license of your
choice. If you use any license other than this License, however, you
must continue to fulfill the requirements of this License (including the
provisions relating to publishing the Source Code) for those portions of
your Derivative Works that consist of the Licensed Product, including
the files containing Modifications.

New versions of this License may be published from time to time. You may
choose to continue to use the license terms in this version of the
License or those from the new version. However, only the Licensor has
the right to change the License terms as they apply to the Licensed
Product. 

This License relies on precise definitions for certain terms. Those
terms are defined when they are first used, and the definitions are
repeated for your convenience in a Glossary at the end of the License.

License Terms

Grant of License From Licensor. Licensor hereby grants you a world-wide,
royalty-free, non-exclusive license, subject to third party intellectual
property claims, to do the following:

Use, reproduce, modify, display, perform, sublicense and distribute any
Modifications created by such Contributor or portions thereof, in both
Source Code or as an executable program, either on an unmodified basis
or as part of Derivative Works.

Under claims of patents now or hereafter owned or controlled by
Contributor, to make, use, sell, offer for sale, have made, and/or
otherwise dispose of Modifications or portions thereof, but solely to
the extent that any such claim is necessary to enable you to make, use,
sell, offer for sale, have made, and/or otherwise dispose of
Modifications or portions thereof or Derivative Works thereof.

Grant of License to Modifications From Contributor. "Modifications"
means any additions to or deletions from the substance or structure of
(i) a file containing Licensed Product, or (ii) any new file that
contains any part of Licensed Product. Hereinafter in this License, the
term "Licensed Product" shall include all previous Modifications that
you receive from any Contributor. By application of the provisions in
Section 4(a) below, each person or entity who created or contributed to
the creation of, and distributed, a Modification (a "Contributor")
hereby grants you a world-wide, royalty-free, non-exclusive license,
subject to third party intellectual property claims, to do the
following:

Use, reproduce, modify, display, perform, sublicense and distribute any
Modifications created by such Contributor or portions thereof, in both
Source Code or as an executable program, either on an unmodified basis
or as part of Derivative Works.

Under claims of patents now or hereafter owned or controlled by
Contributor, to make, use, sell, offer for sale, have made, and/or
otherwise dispose of Modifications or portions thereof, but solely to
the extent that any such claim is necessary to enable you to make, use,
sell, offer for sale, have made, and/or otherwise dispose of
Modifications or portions thereof or Derivative Works thereof.

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 or any Contributor except as
expressly stated herein. No patent license is granted separate from the
Licensed Product, for code that you delete from the Licensed Product, or
for combinations of the Licensed Product with other software or
hardware. No right is granted to the trademarks of Licensor or any
Contributor even if such marks are included in the Licensed Product.
Nothing in this License shall be interpreted to prohibit Licensor from
licensing under different terms from this License any code that Licensor
otherwise would have a right to license.

Your Obligations Regarding Distribution. 

Application of This License to Your Modifications. As an express
condition for your use of the Licensed Product, you hereby agree that
any Modifications that you create or to which you contribute, and which
you distribute, are governed by the terms of this License including,
without limitation, Section 2. Any Modifications that you create or to
which you contribute may be distributed only under the terms of this
License or a future version of this License released under Section 7.
You must include a copy of this License with every copy of the
Modifications you distribute. You agree not to offer or impose any terms
on any Source Code or executable version of the Licensed Product or
Modifications that alter or restrict the applicable version of this
License or the recipients' rights hereunder. However, you may include an
additional document offering the additional rights described in Section
4(e).

Availability of Source Code. You must make available, under the terms of
this License, the Source Code of the Licensed Product and any
Modifications that you distribute, either on the same media as you
distribute any executable or other form of the Licensed Product, or via
a mechanism generally accepted in the software development community for
the electronic transfer of data (an "Electronic Distribution
Mechanism"). The Source Code for any version of Licensed Product or
Modifications that you distribute must remain available for at least
twelve (12) months after the date it initially became available, or at
least six (6) months after a subsequent version of said Licensed Product
or Modifications has been made available. You are responsible for
ensuring that the Source Code version remains available even if the
Electronic Distribution Mechanism is maintained by a third party.

Description of Modifications. You must cause any Modifications that you
create or to which you contribute, and which you distribute, to contain
a file documenting the additions, changes or deletions you made to
create or contribute to those Modifications, and the dates of any such
additions, changes or deletions. You must include a prominent statement
that the Modifications are derived, directly or indirectly, from the
Licensed Product and include the names of the Licensor and any
Contributor to the Licensed Product in (i) the Source Code and (ii) in
any notice displayed by a version of the Licensed Product you distribute
or in related documentation in which you describe the origin or
ownership of the Licensed Product. You may not modify or delete any
preexisting copyright notices in the Licensed Product.

Intellectual Property Matters. 

Third Party Claims. If you have knowledge that a license to a third
party's intellectual property right is required to exercise the rights
granted by this License, you must include a text file with the Source
Code distribution titled "LEGAL" that describes the claim and the party
making the claim in sufficient detail that a recipient will know whom to
contact. If you obtain such knowledge after you make any Modifications
available as described in Section 4(b), you shall promptly modify the
LEGAL file in all copies you make available thereafter and shall take
other steps (such as notifying appropriate mailing lists or newsgroups)
reasonably calculated to inform those who received the Licensed Product
from you that new knowledge has been obtained.

Contributor APIs. If your Modifications include an application
programming interface ("API") and you have knowledge of patent licenses
that are reasonably necessary to implement that API, you must also
include this information in the LEGAL file.

Representations. You represent that, except as disclosed pursuant to
4(d)(i) above, you believe that any Modifications you distribute are
your original creations and that you have sufficient rights to grant the
rights conveyed by this License.

Required Notices. You must duplicate this License in any documentation
you provide along with the Source Code of any Modifications you create
or to which you contribute, and which you distribute, wherever you
describe recipients' rights relating to Licensed Product. You must
duplicate the notice contained in Exhibit A (the "Notice") in each file
of the Source Code of any copy you distribute of the Licensed Product.
If you created a Modification, you may add your name as a Contributor to
the Notice. If it is not possible to put the Notice in a particular
Source Code file due to its structure, then you must include such Notice
in a location (such as a relevant directory file) where a user would be
likely to look for such a notice. You may choose to offer, and charge a
fee for, warranty, support, indemnity or liability obligations to one or
more recipients of Licensed Product. However, you may do so only on your
own behalf, and not on behalf of the Licensor or any Contributor. You
must make it clear that any such warranty, support, indemnity or
liability obligation is offered by you alone, and you hereby agree to
indemnify the Licensor and every Contributor for any liability incurred
by the Licensor or such Contributor as a result of warranty, support,
indemnity or liability terms you offer.

Distribution of Executable Versions. You may distribute Licensed Product
as an executable program under a license of your choice that may contain
terms different from this License provided (i) you have satisfied the
requirements of Sections 4(a) through 4(e) for that distribution, (ii)
you include a conspicuous notice in the executable version, related
documentation and collateral materials stating that the Source Code
version of the Licensed Product is available under the terms of this
License, including a description of how and where you have fulfilled the
obligations of Section 4(b), (iii) you retain all existing copyright
notices in the Licensed Product, and (iv) you make it clear that any
terms that differ from this License are offered by you alone, not by
Licensor or any Contributor. You hereby agree to indemnify the Licensor
and every Contributor for any liability incurred by Licensor or such
Contributor as a result of any terms you offer. 

Distribution of Derivative Works. You may create Derivative Works (e.g.,
combinations of some or all of the Licensed Product with other code) and
distribute the Derivative Works as products under any other license you
select, with the proviso that the requirements of this License are
fulfilled for those portions of the Derivative Works that consist of the
Licensed Product or any Modifications thereto. 

Inability to Comply Due to Statute or Regulation. If it is impossible
for you to comply with any of the terms of this License with respect to
some or all of the Licensed Product due to statute, judicial order, or
regulation, then you must (i) comply with the terms of this License to
the maximum extent possible, (ii) cite the statute or regulation that
prohibits you from adhering to the License, and (iii) describe the
limitations and the code they affect. Such description must be included
in the LEGAL file described in Section 4(d), and must be included with
all distributions of the Source Code. Except to the extent prohibited by
statute or regulation, such description must be sufficiently detailed
for a recipient of ordinary skill at computer programming to be able to
understand it. 

Application of This License. This License applies to code to which
Licensor or Contributor has attached the Notice in Exhibit A, which is
incorporated herein by this reference.

Versions of This License.

New Versions. Licensor may publish from time to time revised and/or new
versions of the License. 

Effect of New Versions. Once Licensed Product has been published under a
particular version of the License, you may always continue to use it
under the terms of that version. You may also choose to use such
Licensed Product under the terms of any subsequent version of the
License published by Licensor. No one other than Licensor has the right
to modify the terms applicable to Licensed Product created under this
License.

Derivative Works of this License. If you create or use a modified
version of this License, which you may do only in order to apply it to
software that is not already a Licensed Product under this License, you
must rename your license so that it is not confusingly similar to this
License, and must make it clear that your license contains terms that
differ from this License. In so naming your license, you may not use any
trademark of Licensor or any Contributor.

Disclaimer of Warranty. LICENSED PRODUCT IS PROVIDED UNDER THIS LICENSE
ON AN AS IS BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE LICENSED
PRODUCT IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE
OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF
THE LICENSED PRODUCT IS WITH YOU. SHOULD LICENSED PRODUCT PROVE
DEFECTIVE IN ANY RESPECT, YOU (AND NOT THE LICENSOR OR ANY OTHER
CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR
CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF
THIS LICENSE. NO USE OF LICENSED PRODUCT IS AUTHORIZED HEREUNDER EXCEPT
UNDER THIS DISCLAIMER.

Termination. 

Automatic Termination Upon Breach. This license and the rights granted
hereunder will terminate automatically if you fail to comply with the
terms herein and fail to cure such breach within thirty (30) days of
becoming aware of the breach. All sublicenses to the Licensed Product
that are properly granted shall survive any termination of this license.
Provisions that, by their nature, must remain in effect beyond the
termination of this License, shall survive.

Termination Upon Assertion of Patent Infringement. If you initiate
litigation by asserting a patent infringement claim (excluding
declaratory judgment actions) against Licensor or a Contributor
(Licensor or Contributor against whom you file such an action is
referred to herein as Respondent) alleging that Licensed Product
directly or indirectly infringes any patent, then any and all rights
granted by such Respondent to you under Sections 1 or 2 of this License
shall terminate prospectively upon sixty (60) days notice from
Respondent (the "Notice Period") unless within that Notice Period you
either agree in writing (i) to pay Respondent a mutually agreeable
reasonably royalty for your past or future use of Licensed Product made
by such Respondent, or (ii) withdraw your litigation claim with respect
to Licensed Product against such Respondent. If within said Notice
Period a reasonable royalty and payment arrangement are not mutually
agreed upon in writing by the parties or the litigation claim is not
withdrawn, the rights granted by Licensor to you under Sections 1 and 2
automatically terminate at the expiration of said Notice Period.

Reasonable Value of This License. If you assert a patent infringement
claim against Respondent alleging that Licensed Product directly or
indirectly infringes any patent where such claim is resolved (such as by
license or settlement) prior to the initiation of patent infringement
litigation, then the reasonable value of the licenses granted by said
Respondent under Sections 1 and 2 shall be taken into account in
determining the amount or value of any payment or license.

No Retroactive Effect of Termination. In the event of termination under
Sections 9(a) or 9(b) above, all end user license agreements (excluding
licenses to distributors and resellers) that have been validly granted
by you or any distributor hereunder prior to termination shall survive
termination.

Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL
THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE,
SHALL THE LICENSOR, ANY CONTRIBUTOR, OR ANY DISTRIBUTOR OF LICENSED
PRODUCT, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON
FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
CHARACTER 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 PARTY 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 PARTYS 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. 

Responsibility for Claims. As between Licensor and Contributors, each
party is responsible for claims and damages arising, directly or
indirectly, out of its utilization of rights under this License. You
agree to work with Licensor and Contributors to distribute such
responsibility on an equitable basis. Nothing herein is intended or
shall be deemed to constitute any admission of liability.

U.S. Government End Users. The Licensed Product is a commercial item, as
that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of
commercial computer software and commercial computer software
documentation, as such terms are used in 48 C.F.R. 12.212 (Sept. 1995).
Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through
227.7202-4 (June 1995), all U.S. Government End Users acquire Licensed
Product with only those rights set forth herein.

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. This License shall be governed by
Minnesota law provisions (except to the extent applicable law, if any,
provides otherwise), excluding its conflict-of-law provisions. You
expressly agree that any litigation relating to this license shall be
subject to the jurisdiction of the Federal Courts of the District of
Minnesota or the Courts of the County of Hennepin, Minnesota (as
appropriate), with venue lying in Hennepin County, Minnesota, with the
losing party responsible for costs including, without limitation, court
costs and reasonable attorneys fees and expenses. The application of the
United Nations Convention on Contracts for the International Sale of
Goods is expressly excluded. You and Licensor expressly waive any rights
to a jury trial in any litigation concerning Licensed Product or this
License. Any law or regulation that provides that the language of a
contract shall be construed against the drafter shall not apply to this
License.

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 or a
future version of this License issued under Section 7. 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.

Glossary. All defined terms in this License that are used in more than
one Section of this License are repeated here, in alphabetical order,
for the convenience of the reader. The Section of this License in which
each defined term is first used is shown in parentheses. 

Contributor: Each person or entity who created or contributed to the
creation of, and distributed, a Modification. (See Section 2)

Derivative Works: That term as used in this License is defined under
U.S. copyright law. (See Section 1(b))

License: This OSPI License. (See first paragraph of License)

Licensed Product: Any OSPI Product licensed pursuant to this License.
The term "Licensed Product" includes all previous Modifications from any
Contributor that you receive. (See first paragraph of License and
Section 2)

Licensor: The Open Source Portfolio Initiative (See first paragraph of
License)

Modifications: Any additions to or deletions from the substance or
structure of (i) a file containing Licensed Product, or (ii) any new
file that contains any part of Licensed Product. (See Section 2)

Notice: The notice contained in Exhibit A. (See Section 4(e))

Source Code: The preferred form for making modifications to the Licensed
Product, including all modules contained therein, plus any associated
interface definition files, scripts used to control compilation and
installation of an executable program, or a list of differential
comparisons against the Source Code of the Licensed Product. (See
Section 1(a))

You: This term is defined in Section 14 of this License.

EXHIBIT A
The Notice below must appear in each file of the Source Code of any copy
you distribute of the Licensed Product or any hereto. Contributors to
any Modifications may add their own copyright notices to identify their
own contributions.

License:

The contents of this file are subject to the OSPI License Version 1.0
(the License). You may not copy or use this file, in either source code
or executable form, except in compliance with the License. You may
obtain a copy of the License at http://www.theospi.org/.

Software distributed under the License is distributed on an AS IS basis,
WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License
for the specific language governing rights and limitations under the
License.

Copyrights:

Portions created by or assigned to The University of Minnesota are
Copyright (c) 2003 Regents of the University of Minnesota. All Rights
Reserved. Contact information for OSPI is available at
http://www.theospi.org/.

Acknowledgements

Special thanks to the OSPI Users and Contributors for their suggestions
and support.

</ospi license>

Thanks for your consideration,

Chris.

Christopher D. Coppola 
chris.coppola at rsmart.com 
the r-smart group 
602.840.7300 Office 
602.840.7500 Fax 
602.369.8931 Mobile 
6023698931 at messaging.sprintpcs.com (SMS) 
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