| 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 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. |