Derek Jones | f4a4bd8 | 2011-10-20 12:18:42 -0500 | [diff] [blame] | 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: |
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| 8 | Licensed under the Academic Free License version 3.0 |
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| 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: |
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| 14 | a) to reproduce the Original Work in copies, either alone or as part of a |
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| 17 | b) to translate, adapt, alter, transform, modify, or arrange the Original |
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| 19 | upon the Original Work; |
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| 21 | c) to distribute or communicate copies of the Original Work and Derivative |
| 22 | Works to the public, under any license of your choice that does not |
| 23 | contradict the terms and conditions, including Licensor's reserved |
| 24 | rights and remedies, in this Academic Free License; |
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| 26 | d) to perform the Original Work publicly; and |
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| 28 | e) to display the Original Work publicly. |
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| 30 | 2) Grant of Patent License. Licensor grants You a worldwide, royalty-free, |
| 31 | non-exclusive, sublicensable license, under patent claims owned or controlled |
| 32 | by the Licensor that are embodied in the Original Work as furnished by the |
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| 44 | continues to distribute the Original Work. |
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| 46 | 4) Exclusions From License Grant. Neither the names of Licensor, nor the names |
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| 49 | Original Work without express prior permission of the Licensor. Except as |
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| 60 | 5) External Deployment. The term "External Deployment" means the use, |
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| 65 | As an express condition for the grants of license hereunder, You must treat |
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| 81 | copyrights and patent rights. Except as expressly stated in the immediately |
| 82 | preceding sentence, the Original Work is provided under this License on an "AS |
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| 84 | limitation, the warranties of non-infringement, merchantability or fitness for |
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| 86 | IS WITH YOU. This DISCLAIMER OF WARRANTY constitutes an essential part of this |
| 87 | License. No license to the Original Work is granted by this License except |
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| 90 | 8) Limitation of Liability. Under no circumstances and under no legal theory, |
| 91 | whether in tort (including negligence), contract, or otherwise, shall the |
| 92 | Licensor be liable to anyone for any indirect, special, incidental, or |
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| 99 | 9) Acceptance and Termination. If, at any time, You expressly assented to this |
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| 102 | copies of the Original Work or a Derivative Work, You must make a reasonable |
| 103 | effort under the circumstances to obtain the express assent of recipients to |
| 104 | the terms of this License. This License conditions your rights to undertake |
| 105 | the activities listed in Section 1, including your right to create Derivative |
| 106 | Works based upon the Original Work, and doing so without honoring these terms |
| 107 | and conditions is prohibited by copyright law and international treaty. |
| 108 | Nothing in this License is intended to affect copyright exceptions and |
| 109 | limitations (including "fair use" or "fair dealing"). This License shall |
| 110 | terminate immediately and You may no longer exercise any of the rights granted |
| 111 | to You by this License upon your failure to honor the conditions in Section |
| 112 | 1(c). |
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| 114 | 10) Termination for Patent Action. This License shall terminate automatically |
| 115 | and You may no longer exercise any of the rights granted to You by this |
| 116 | License as of the date You commence an action, including a cross-claim or |
| 117 | counterclaim, against Licensor or any licensee alleging that the Original Work |
| 118 | infringes a patent. This termination provision shall not apply for an action |
| 119 | alleging patent infringement by combinations of the Original Work with other |
| 120 | software or hardware. |
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| 122 | 11) Jurisdiction, Venue and Governing Law. Any action or suit relating to this |
| 123 | License may be brought only in the courts of a jurisdiction wherein the |
| 124 | Licensor resides or in which Licensor conducts its primary business, and under |
| 125 | the laws of that jurisdiction excluding its conflict-of-law provisions. The |
| 126 | application of the United Nations Convention on Contracts for the |
| 127 | International Sale of Goods is expressly excluded. Any use of the Original |
| 128 | Work outside the scope of this License or after its termination shall be |
| 129 | subject to the requirements and penalties of copyright or patent law in the |
| 130 | appropriate jurisdiction. This section shall survive the termination of this |
| 131 | License. |
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| 133 | 12) Attorneys' Fees. In any action to enforce the terms of this License or |
| 134 | seeking damages relating thereto, the prevailing party shall be entitled to |
| 135 | recover its costs and expenses, including, without limitation, reasonable |
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| 137 | any appeal of such action. This section shall survive the termination of this |
| 138 | License. |
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| 140 | 13) Miscellaneous. If any provision of this License is held to be |
| 141 | unenforceable, such provision shall be reformed only to the extent necessary |
| 142 | to make it enforceable. |
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| 144 | 14) Definition of "You" in This License. "You" throughout this License, |
| 145 | whether in upper or lower case, means an individual or a legal entity |
| 146 | exercising rights under, and complying with all of the terms of, this License. |
| 147 | For legal entities, "You" includes any entity that controls, is controlled by, |
| 148 | or is under common control with you. For purposes of this definition, |
| 149 | "control" means (i) the power, direct or indirect, to cause the direction or |
| 150 | management of such entity, whether by contract or otherwise, or (ii) ownership |
| 151 | of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial |
| 152 | ownership of such entity. |
| 153 | |
| 154 | 15) Right to Use. You may use the Original Work in all ways not otherwise |
| 155 | restricted or conditioned by this License or by law, and Licensor promises not |
| 156 | to interfere with or be responsible for such uses by You. |
| 157 | |
| 158 | 16) Modification of This License. This License is Copyright © 2005 Lawrence |
| 159 | Rosen. Permission is granted to copy, distribute, or communicate this License |
| 160 | without modification. Nothing in this License permits You to modify this |
| 161 | License as applied to the Original Work or to Derivative Works. However, You |
| 162 | may modify the text of this License and copy, distribute or communicate your |
| 163 | modified version (the "Modified License") and apply it to other original works |
| 164 | of authorship subject to the following conditions: (i) You may not indicate in |
| 165 | any way that your Modified License is the "Academic Free License" or "AFL" and |
| 166 | you may not use those names in the name of your Modified License; (ii) You |
| 167 | must replace the notice specified in the first paragraph above with the notice |
| 168 | "Licensed under <insert your license name here>" or with a notice of your own |
| 169 | that is not confusingly similar to the notice in this License; and (iii) You |
| 170 | may not claim that your original works are open source software unless your |
| 171 | Modified License has been approved by Open Source Initiative (OSI) and You |
| 172 | comply with its license review and certification process. |