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Academic Free License ("AFL") v 3.0
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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*
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1) Grant of Copyright License
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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.
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2) Grant of Patent License
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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.
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3) Grant of Source Code License
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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.
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4) Exclusions From License Grant
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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.
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5) External Deployment
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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).
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6) Attribution Rights
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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.
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7) Warranty of Provenance and Disclaimer of Warranty
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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.
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8) Limitation of Liability
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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.
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9) Acceptance and Termination
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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).
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10) Termination for Patent Action
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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.
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11) Jurisdiction, Venue and Governing Law
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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.
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12) Attorneys' Fees
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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.
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13) Miscellaneous
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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.
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14) Definition of "You" in This License
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"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.
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15) Right to Use
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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.
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16) Modification of This License
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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.