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LICENSE
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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, nor
the names of any contributors to the Original Work, nor any of their
trademarks or service marks, may be used to endorse or promote
products derived from this Original Work without express prior
permission of the Licensor. Except as expressly stated herein, nothing
in this License grants any license to 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 dealingâ€). 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.