| 1 |
Academic Free License ("AFL") v. 3.0 |
| 2 |
|
| 3 |
This Academic Free License (the "License") applies to any original work |
| 4 |
of authorship (the "Original Work") whose owner (the "Licensor") has |
| 5 |
placed the following licensing notice adjacent to the copyright notice |
| 6 |
for the Original Work: |
| 7 |
|
| 8 |
Licensed under the Academic Free License version 3.0 |
| 9 |
|
| 10 |
1) Grant of Copyright License. Licensor grants You a worldwide, |
| 11 |
royalty-free, non-exclusive, sublicensable license, for the duration |
| 12 |
of the copyright, to do the following: |
| 13 |
|
| 14 |
a) to reproduce the Original Work in copies, either alone or as part |
| 15 |
of a collective work; |
| 16 |
|
| 17 |
b) to translate, adapt, alter, transform, modify, or arrange |
| 18 |
the Original Work, thereby creating derivative works ("Derivative Works") |
| 19 |
based upon 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 reserved |
| 24 |
rights and remedies, in this Academic Free License; |
| 25 |
|
| 26 |
d) to perform the Original Work publicly; and |
| 27 |
|
| 28 |
e) to display the Original Work publicly. |
| 29 |
|
| 30 |
2) Grant of Patent License. Licensor grants You a worldwide, royalty-free, |
| 31 |
non-exclusive, sublicensable license, under patent claims owned or |
| 32 |
controlled by the Licensor that are embodied in the Original Work |
| 33 |
as furnished by the Licensor, for the duration of the patents, to make, |
| 34 |
use, sell, offer for sale, have made, and import the Original Work and |
| 35 |
Derivative Works. |
| 36 |
|
| 37 |
3) Grant of Source Code License. The term "Source Code" means the preferred |
| 38 |
form of the Original Work for making modifications to it and all available |
| 39 |
documentation describing how to modify the Original Work. Licensor agrees |
| 40 |
to provide a machine-readable copy of the Source Code of the Original Work |
| 41 |
along with each copy of the Original Work that Licensor distributes. |
| 42 |
Licensor reserves the right to satisfy this obligation by placing |
| 43 |
a machine-readable copy of the Source Code in an information repository |
| 44 |
reasonably calculated to permit inexpensive and convenient access by You |
| 45 |
for as long as Licensor continues to distribute the Original Work. |
| 46 |
|
| 47 |
4) Exclusions From License Grant. Neither the names of Licensor, nor |
| 48 |
the names of any contributors to the Original Work, nor any of their |
| 49 |
trademarks or service marks, may be used to endorse or promote products |
| 50 |
derived from this Original Work without express prior permission of |
| 51 |
the Licensor. Except as expressly stated herein, nothing in this License |
| 52 |
grants any license to Licensor's trademarks, copyrights, patents, trade |
| 53 |
secrets or any other intellectual property. No patent license is granted |
| 54 |
to make, use, sell, offer for sale, have made, or import embodiments |
| 55 |
of any patent claims other than the licensed claims defined in Section 2. |
| 56 |
No license is granted to the trademarks of Licensor even if such marks are |
| 57 |
included in the Original Work. Nothing in this License shall be interpreted |
| 58 |
to prohibit Licensor from licensing under terms different from this License |
| 59 |
any Original Work that Licensor otherwise would have a right to license. |
| 60 |
|
| 61 |
5) External Deployment. The term "External Deployment" means the use, |
| 62 |
distribution, or communication of the Original Work or Derivative Works |
| 63 |
in any way such that the Original Work or Derivative Works may be used |
| 64 |
by anyone other than You, whether those works are distributed or communicated |
| 65 |
to those persons or made available as an application intended for use over |
| 66 |
a network. As an express condition for the grants of license hereunder, |
| 67 |
You must treat any External Deployment by You of the Original Work or |
| 68 |
a Derivative Work as a distribution under section 1(c). |
| 69 |
|
| 70 |
6) Attribution Rights. You must retain, in the Source Code of any |
| 71 |
Derivative Works that You create, all copyright, patent, or trademark |
| 72 |
notices from the Source Code of the Original Work, as well as any notices |
| 73 |
of licensing and any descriptive text identified therein as an |
| 74 |
"Attribution Notice." You must cause the Source Code for any Derivative Works |
| 75 |
that You create to carry a prominent Attribution Notice reasonably calculated |
| 76 |
to inform recipients that You have modified the Original Work. |
| 77 |
|
| 78 |
7) Warranty of Provenance and Disclaimer of Warranty. Licensor warrants |
| 79 |
that the copyright in and to the Original Work and the patent rights |
| 80 |
granted herein by Licensor are owned by the Licensor or are sublicensed |
| 81 |
to You under the terms of this License with the permission of |
| 82 |
the contributor(s) of those copyrights and patent rights. Except as |
| 83 |
expressly stated in the immediately preceding sentence, the Original Work is |
| 84 |
provided under this License on an "AS IS" BASIS and WITHOUT WARRANTY, |
| 85 |
either express or implied, including, without limitation, the warranties |
| 86 |
of non-infringement, merchantability or fitness for a particular purpose. |
| 87 |
THE ENTIRE RISK AS TO THE QUALITY OF THE ORIGINAL WORK IS WITH YOU. |
| 88 |
This DISCLAIMER OF WARRANTY constitutes an essential part of this License. |
| 89 |
No license to the Original Work is granted by this License except under |
| 90 |
this disclaimer. |
| 91 |
|
| 92 |
8) Limitation of Liability. Under no circumstances and under no legal theory, |
| 93 |
whether in tort (including negligence), contract, or otherwise, shall |
| 94 |
the Licensor be liable to anyone for any indirect, special, incidental, |
| 95 |
or consequential damages of any character arising as a result of this License |
| 96 |
or the use of the Original Work including, without limitation, damages |
| 97 |
for loss of goodwill, work stoppage, computer failure or malfunction, |
| 98 |
or any and all other commercial damages or losses. This limitation |
| 99 |
of liability shall not apply to the extent applicable law prohibits |
| 100 |
such limitation. |
| 101 |
|
| 102 |
9) Acceptance and Termination. If, at any time, You expressly assented |
| 103 |
to this License, that assent indicates your clear and irrevocable acceptance |
| 104 |
of this License and all of its terms and conditions. If You distribute |
| 105 |
or communicate copies of the Original Work or a Derivative Work, You must make |
| 106 |
a reasonable effort under the circumstances to obtain the express assent |
| 107 |
of recipients to the terms of this License. This License conditions your |
| 108 |
rights to undertake the activities listed in Section 1, including your |
| 109 |
right to create Derivative Works based upon the Original Work, and doing |
| 110 |
so without honoring these terms and conditions is prohibited by copyright |
| 111 |
law and international treaty. Nothing in this License is intended to affect |
| 112 |
copyright exceptions and limitations (including "fair use" or "fair dealing"). |
| 113 |
This License shall terminate immediately and You may no longer exercise |
| 114 |
any of the rights granted to You by this License upon your failure to honor |
| 115 |
the conditions in Section 1(c). |
| 116 |
|
| 117 |
10) Termination for Patent Action. This License shall terminate automatically |
| 118 |
and You may no longer exercise any of the rights granted to You by this |
| 119 |
License as of the date You commence an action, including a cross-claim |
| 120 |
or counterclaim, against Licensor or any licensee alleging that |
| 121 |
the Original Work infringes a patent. This termination provision shall |
| 122 |
not apply for an action alleging patent infringement by combinations |
| 123 |
of the Original Work with other software or hardware. |
| 124 |
|
| 125 |
11) Jurisdiction, Venue and Governing Law. Any action or suit relating |
| 126 |
to this License may be brought only in the courts of a jurisdiction |
| 127 |
wherein the Licensor resides or in which Licensor conducts its primary |
| 128 |
business, and under the laws of that jurisdiction excluding its |
| 129 |
conflict-of-law provisions. The application of the United Nations Convention |
| 130 |
on Contracts for the International Sale of Goods is expressly excluded. |
| 131 |
Any use of the Original Work outside the scope of this License or after |
| 132 |
its termination shall be subject to the requirements and penalties |
| 133 |
of copyright or patent law in the appropriate jurisdiction. This section shall |
| 134 |
survive the termination of this License. |
| 135 |
|
| 136 |
12) Attorneys' Fees. In any action to enforce the terms of this License |
| 137 |
or seeking damages relating thereto, the prevailing party shall be entitled |
| 138 |
to recover its costs and expenses, including, without limitation, reasonable |
| 139 |
attorneys' fees and costs incurred in connection with such action, |
| 140 |
including any appeal of such action. This section shall survive |
| 141 |
the termination of this License. |
| 142 |
|
| 143 |
13) Miscellaneous. If any provision of this License is held |
| 144 |
to be unenforceable, such provision shall be reformed only to the extent |
| 145 |
necessary to make it enforceable. |
| 146 |
|
| 147 |
14) Definition of "You" in This License. "You" throughout this License, |
| 148 |
whether in upper or lower case, means an individual or a legal entity |
| 149 |
exercising rights under, and complying with all of the terms of, this License. |
| 150 |
For legal entities, "You" includes any entity that controls, is controlled by, |
| 151 |
or is under common control with you. For purposes of this definition, |
| 152 |
"control" means (i) the power, direct or indirect, to cause the direction |
| 153 |
or management of such entity, whether by contract or otherwise, or |
| 154 |
(ii) ownership of fifty percent (50%) or more of the outstanding shares, or |
| 155 |
(iii) beneficial ownership of such entity. |
| 156 |
|
| 157 |
15) Right to Use. You may use the Original Work in all ways not otherwise |
| 158 |
restricted or conditioned by this License or by law, and Licensor promises |
| 159 |
not to interfere with or be responsible for such uses by You. |
| 160 |
|
| 161 |
16) Modification of This License. This License is |
| 162 |
Copyright (C) 2005 Lawrence Rosen. Permission is granted to copy, |
| 163 |
distribute, or communicate this License without modification. Nothing |
| 164 |
in this License permits You to modify this License as applied |
| 165 |
to the Original Work or to Derivative Works. However, You may modify |
| 166 |
the text of this License and copy, distribute or communicate your modified |
| 167 |
version (the "Modified License") and apply it to other original works |
| 168 |
of authorship subject to the following conditions: (i) You may not |
| 169 |
indicate in any way that your Modified License is the "Academic Free License" |
| 170 |
or "AFL" and you may not use those names in the name of your |
| 171 |
Modified License; (ii) You must replace the notice specified in the first |
| 172 |
paragraph above with the notice "Licensed under |
| 173 |
<insert your license name here>" or with a notice of your own that |
| 174 |
is not confusingly similar to the notice in this License; and |
| 175 |
(iii) You may not claim that your original works are open source software |
| 176 |
unless your Modified License has been approved |
| 177 |
by Open Source Initiative (OSI) and You comply with its license review |
| 178 |
and certification process. |