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Academic Free License ("AFL") v. 3.0
This Academic Free License (the "License") applies to any original work
of authorship (the "Original Work") whose owner (the "Licensor") has
placed the following licensing notice adjacent to the copyright notice
for the Original Work:
Licensed under the Academic Free License version 3.0
1) Grant of Copyright License. Licensor grants You a worldwide,
royalty-free, non-exclusive, sublicensable license, for the duration of
the copyright, to do the following:
a) to reproduce the Original Work in copies, either alone or as part of
a collective work;
b) to translate, adapt, alter, transform, modify, or arrange the Original
Work, thereby creating derivative works ("Derivative Works") based upon
the Original Work;
c) to distribute or communicate copies of the Original Work and Derivative
Works to the public, under any license of your choice that does not
contradict the terms and conditions, including Licensor's reserved rights
and remedies, in this Academic Free License;
d) to perform the Original Work publicly; and
e) to display the Original Work publicly.
2) Grant of Patent License. Licensor grants You a worldwide, royalty-free,
non-exclusive, sublicensable license, under patent claims owned or
controlled by the Licensor that are embodied in the Original Work as
furnished by the Licensor, for the duration of the patents, to make,
use, sell, offer for sale, have made, and import the Original Work and
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 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.
4) Exclusions From License Grant. Neither the names of Licensor's
trademarks, copyrights, patents, trade secrets or any other intellectual
property. No patent license is granted to make, use, sell, offer for
sale, have made, or import embodiments of any patent claims other than
the licensed claims defined in Section 2. No license 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 terms different 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,
distribution, or communication 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 those works are distributed or communicated
to those persons or made available as an application intended for use over
a network. As an express condition for the grants of license hereunder,
You must treat any External Deployment by You of the Original Work or
a Derivative Work as a distribution under section 1(c).
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 of Provenance and Disclaimer of Warranty. Licensor warrants
that the copyright in and to the Original Work and the patent rights
granted herein by Licensor are owned by the Licensor or are sublicensed
to You under the terms of this License with the permission of the
contributor(s) of those copyrights and patent rights. Except as
expressly stated in the immediately preceding 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 the Original Work is granted by this
License 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 anyone 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. This
limitation of liability shall not apply to the extent applicable law
prohibits such limitation.
9) Acceptance and Termination. If, at any time, You expressly assented to
this License, that assent indicates your clear and irrevocable acceptance
of this License and all of its terms and conditions. If You distribute or
communicate copies of the Original Work or a Derivative Work, You must
make a reasonable effort under the circumstances to obtain the express
assent of recipients to the terms of this License. This License conditions
your rights to undertake the activities listed in Section 1, including
your right to create Derivative Works based upon the Original Work,
and doing so without honoring these terms and conditions is prohibited
by copyright law and international treaty. Nothing in this License
is intended to affect copyright exceptions and limitations (including
"fair use" or "fair dealing"). 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 conditions in Section 1(c).
10) 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 as of the date You commence an action, including
a cross-claim or counterclaim, against Licensor or any licensee alleging
that the Original Work infringes a patent. This termination provision
shall not apply for an action alleging patent infringement by combinations
of the Original Work with other software or hardware.
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 copyright or
patent law in the appropriate jurisdiction. 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. 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.
16) Modification of This License. This License is Copyright ©
2005 Lawrence Rosen. Permission is granted to copy, distribute, or
communicate this License without modification. Nothing in this License
permits You to modify this License as applied to the Original Work or
to Derivative Works. However, You may modify the text of this License
and copy, distribute or communicate your modified version (the "Modified
License") and apply it to other original works of authorship subject to
the following conditions: (i) You may not indicate in any way that your
Modified License is the "Academic Free License" or "AFL" and you may
not use those names in the name of your Modified License; (ii) You must
replace the notice specified in the first paragraph above with the notice
"Licensed under <insert your license name here>" or with a notice of your
own that is not confusingly similar to the notice in this License; and
(iii) You may not claim that your original works are open source software
unless your Modified License has been approved by Open Source Initiative
(OSI) and You comply with its license review and certification process.