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1 Academic Free License (“AFL”) v. 3.0
2
3 This Academic Free License (the "License") applies to any original work of
4 authorship (the "Original Work") whose owner (the "Licensor") has placed the
5 following licensing notice adjacent to the copyright notice for the Original
6 Work:
7
8 Licensed under the Academic Free License version 3.0
9
10 1) Grant of Copyright License. Licensor grants You a worldwide, royalty-free,
11 non-exclusive, sublicensable license, for the duration of the copyright, to do
12 the following:
13
14 a) to reproduce the Original Work in copies, either alone or as part of a
15 collective work;
16
17 b) to translate, adapt, alter, transform, modify, or arrange the Original
18 Work, thereby creating derivative works ("Derivative Works") based upon
19 the Original Work;
20
21 c) to distribute or communicate copies of the Original Work and
22 Derivative Works to the public, under any license of your choice that
23 does not contradict the terms and conditions, including Licensor’s
24 reserved rights and remedies, in this Academic Free License;
25 d) to perform the Original Work publicly; and
26 e) to display the Original Work publicly.
27
28 2) Grant of Patent License. Licensor grants You a worldwide, royalty-free,
29 non-exclusive, sublicensable license, under patent claims owned or controlled
30 by the Licensor that are embodied in the Original Work as furnished by the
31 Licensor, for the duration of the patents, to make, use, sell, offer for sale,
32 have made, and import the Original Work and Derivative Works.
33
34 3) Grant of Source Code License. The term "Source Code" means the preferred
35 form of the Original Work for making modifications to it and all available
36 documentation describing how to modify the Original Work. Licensor agrees to
37 provide a machine-readable copy of the Source Code of the Original Work along
38 with each copy of the Original Work that Licensor distributes. Licensor
39 reserves the right to satisfy this obligation by placing a machine-readable
40 copy of the Source Code in an information repository reasonably calculated to
41 permit inexpensive and convenient access by You for as long as Licensor
42 continues to distribute the Original Work.
43
44 4) Exclusions From License Grant. Neither the names of Licensor, nor the names
45 of any contributors to the Original Work, nor any of their trademarks or
46 service marks, may be used to endorse or promote products derived from this
47 Original Work without express prior permission of the Licensor. Except as
48 expressly stated herein, nothing in this License grants any license to
49 Licensor’s trademarks, copyrights, patents, trade secrets or any other
50 intellectual property. No patent license is granted to make, use, sell, offer
51 for sale, have made, or import embodiments of any patent claims other than the
52 licensed claims defined in Section 2. No license is granted to the trademarks
53 of Licensor even if such marks are included in the Original Work. Nothing in
54 this License shall be interpreted to prohibit Licensor from licensing under
55 terms different from this License any Original Work that Licensor otherwise
56 would have a right to license.
57
58 5) External Deployment. The term "External Deployment" means the use,
59 distribution, or communication of the Original Work or Derivative Works in any
60 way such that the Original Work or Derivative Works may be used by anyone
61 other than You, whether those works are distributed or communicated to those
62 persons or made available as an application intended for use over a network.
63 As an express condition for the grants of license hereunder, You must treat
64 any External Deployment by You of the Original Work or a Derivative Work as a
65 distribution under section 1(c).
66
67 6) Attribution Rights. You must retain, in the Source Code of any Derivative
68 Works that You create, all copyright, patent, or trademark notices from the
69 Source Code of the Original Work, as well as any notices of licensing and any
70 descriptive text identified therein as an "Attribution Notice." You must cause
71 the Source Code for any Derivative Works that You create to carry a prominent
72 Attribution Notice reasonably calculated to inform recipients that You have
73 modified the Original Work.
74
75 7) Warranty of Provenance and Disclaimer of Warranty. Licensor warrants that
76 the copyright in and to the Original Work and the patent rights granted herein
77 by Licensor are owned by the Licensor or are sublicensed to You under the
78 terms of this License with the permission of the contributor(s) of those
79 copyrights and patent rights. Except as expressly stated in the immediately
80 preceding sentence, the Original Work is provided under this License on an "AS
81 IS" BASIS and WITHOUT WARRANTY, either express or implied, including, without
82 limitation, the warranties of non-infringement, merchantability or fitness for
83 a particular purpose. THE ENTIRE RISK AS TO THE QUALITY OF THE ORIGINAL WORK
84 IS WITH YOU. This DISCLAIMER OF WARRANTY constitutes an essential part of this
85 License. No license to the Original Work is granted by this License except
86 under this disclaimer.
87
88 8) Limitation of Liability. Under no circumstances and under no legal theory,
89 whether in tort (including negligence), contract, or otherwise, shall the
90 Licensor be liable to anyone for any indirect, special, incidental, or
91 consequential damages of any character arising as a result of this License or
92 the use of the Original Work including, without limitation, damages for loss
93 of goodwill, work stoppage, computer failure or malfunction, or any and all
94 other commercial damages or losses. This limitation of liability shall not
95 apply to the extent applicable law prohibits such limitation.
96
97 9) Acceptance and Termination. If, at any time, You expressly assented to this
98 License, that assent indicates your clear and irrevocable acceptance of this
99 License and all of its terms and conditions. If You distribute or communicate
100 copies of the Original Work or a Derivative Work, You must make a reasonable
101 effort under the circumstances to obtain the express assent of recipients to
102 the terms of this License. This License conditions your rights to undertake
103 the activities listed in Section 1, including your right to create Derivative
104 Works based upon the Original Work, and doing so without honoring these terms
105 and conditions is prohibited by copyright law and international treaty.
106 Nothing in this License is intended to affect copyright exceptions and
107 limitations (including “fair use” or “fair dealing”). This License shall
108 terminate immediately and You may no longer exercise any of the rights granted
109 to You by this License upon your failure to honor the conditions in Section
110 1(c).
111
112 10) Termination for Patent Action. This License shall terminate automatically
113 and You may no longer exercise any of the rights granted to You by this
114 License as of the date You commence an action, including a cross-claim or
115 counterclaim, against Licensor or any licensee alleging that the Original Work
116 infringes a patent. This termination provision shall not apply for an action
117 alleging patent infringement by combinations of the Original Work with other
118 software or hardware.
119
120 11) Jurisdiction, Venue and Governing Law. Any action or suit relating to this
121 License may be brought only in the courts of a jurisdiction wherein the
122 Licensor resides or in which Licensor conducts its primary business, and under
123 the laws of that jurisdiction excluding its conflict-of-law provisions. The
124 application of the United Nations Convention on Contracts for the
125 International Sale of Goods is expressly excluded. Any use of the Original
126 Work outside the scope of this License or after its termination shall be
127 subject to the requirements and penalties of copyright or patent law in the
128 appropriate jurisdiction. This section shall survive the termination of this
129 License.
130
131 12) Attorneys’ Fees. In any action to enforce the terms of this License or
132 seeking damages relating thereto, the prevailing party shall be entitled to
133 recover its costs and expenses, including, without limitation, reasonable
134 attorneys' fees and costs incurred in connection with such action, including
135 any appeal of such action. This section shall survive the termination of this
136 License.
137
138 13) Miscellaneous. If any provision of this License is held to be
139 unenforceable, such provision shall be reformed only to the extent necessary
140 to make it enforceable.
141
142 14) Definition of "You" in This License. "You" throughout this License,
143 whether in upper or lower case, means an individual or a legal entity
144 exercising rights under, and complying with all of the terms of, this License.
145 For legal entities, "You" includes any entity that controls, is controlled by,
146 or is under common control with you. For purposes of this definition,
147 "control" means (i) the power, direct or indirect, to cause the direction or
148 management of such entity, whether by contract or otherwise, or (ii) ownership
149 of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial
150 ownership of such entity.
151
152 15) Right to Use. You may use the Original Work in all ways not otherwise
153 restricted or conditioned by this License or by law, and Licensor promises not
154 to interfere with or be responsible for such uses by You.
155
156 16) Modification of This License. This License is Copyright © 2005 Lawrence
157 Rosen. Permission is granted to copy, distribute, or communicate this License
158 without modification. Nothing in this License permits You to modify this
159 License as applied to the Original Work or to Derivative Works. However, You
160 may modify the text of this License and copy, distribute or communicate your
161 modified version (the "Modified License") and apply it to other original works
162 of authorship subject to the following conditions: (i) You may not indicate in
163 any way that your Modified License is the "Academic Free License" or "AFL" and
164 you may not use those names in the name of your Modified License; (ii) You
165 must replace the notice specified in the first paragraph above with the notice
166 "Licensed under <insert your license name here>" or with a notice of your own
167 that is not confusingly similar to the notice in this License; and (iii) You
168 may not claim that your original works are open source software unless your
169 Modified License has been approved by Open Source Initiative (OSI) and You
170 comply with its license review and certification process.