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| 1 | |||
| 2 | The Academic Free License | ||
| 3 | v. 2.1 | ||
| 4 | |||
| 5 | This Academic Free License (the "License") applies to any original | ||
| 6 | work of authorship (the "Original Work") whose owner (the | ||
| 7 | "Licensor") has placed the following notice immediately following the | ||
| 8 | copyright notice for the Original Work: | ||
| 9 | |||
| 10 | Licensed under the Academic Free License version 2.1 | ||
| 11 | |||
| 12 | 1) Grant of Copyright License. Licensor hereby grants You a world-wide, | ||
| 13 | royalty-free, non-exclusive, perpetual, sublicenseable license to do the | ||
| 14 | following: | ||
| 15 | |||
| 16 | a) to reproduce the Original Work in copies; | ||
| 17 | |||
| 18 | b) to prepare derivative works ("Derivative Works") based upon the | ||
| 19 | Original Work; | ||
| 20 | |||
| 21 | c) to distribute copies of the Original Work and Derivative Works to the | ||
| 22 | public; | ||
| 23 | |||
| 24 | d) to perform the Original Work publicly; and | ||
| 25 | |||
| 26 | e) to display the Original Work publicly. | ||
| 27 | |||
| 28 | 2) Grant of Patent License. Licensor hereby grants You a world-wide, royalty- | ||
| 29 | free, non-exclusive, perpetual, sublicenseable license, under patent claims | ||
| 30 | owned or controlled by the Licensor that are embodied in the Original Work as | ||
| 31 | furnished by the Licensor, to make, use, sell and offer for sale the Original | ||
| 32 | Work and Derivative Works. | ||
| 33 | |||
| 34 | 3) Grant of Source Code License. The term "Source Code" means the | ||
| 35 | preferred form of the Original Work for making modifications to it and all | ||
| 36 | available documentation describing how to modify the Original Work. Licensor | ||
| 37 | hereby agrees to provide a machine-readable copy of the Source Code of the | ||
| 38 | Original Work along with each copy of the Original Work that Licensor | ||
| 39 | distributes. Licensor reserves the right to satisfy this obligation by placing | ||
| 40 | a machine-readable copy of the Source Code in an information repository | ||
| 41 | reasonably calculated to permit inexpensive and convenient access by You for as | ||
| 42 | long as Licensor continues to distribute the Original Work, and by publishing | ||
| 43 | the address of that information repository in a notice immediately following | ||
| 44 | the copyright notice that applies to the Original Work. | ||
| 45 | |||
| 46 | 4) Exclusions From License Grant. Neither the names of Licensor, nor the names | ||
| 47 | of any contributors to the Original Work, nor any of their trademarks or | ||
| 48 | service marks, may be used to endorse or promote products derived from this | ||
| 49 | Original Work without express prior written permission of the Licensor. Nothing | ||
| 50 | in this License shall be deemed to grant any rights to trademarks, copyrights, | ||
| 51 | patents, trade secrets or any other intellectual property of Licensor except as | ||
| 52 | expressly stated herein. No patent license is granted to make, use, sell or | ||
| 53 | offer to sell embodiments of any patent claims other than the licensed claims | ||
| 54 | defined in Section 2. No right is granted to the trademarks of Licensor even if | ||
| 55 | such marks are included in the Original Work. Nothing in this License shall be | ||
| 56 | interpreted to prohibit Licensor from licensing under different terms from this | ||
| 57 | License any Original Work that Licensor otherwise would have a right to | ||
| 58 | license. | ||
| 59 | |||
| 60 | 5) This section intentionally omitted. | ||
| 61 | |||
| 62 | 6) Attribution Rights. You must retain, in the Source Code of any Derivative | ||
| 63 | Works that You create, all copyright, patent or trademark notices from the | ||
| 64 | Source Code of the Original Work, as well as any notices of licensing and any | ||
| 65 | descriptive text identified therein as an "Attribution Notice." You | ||
| 66 | must cause the Source Code for any Derivative Works that You create to carry a | ||
| 67 | prominent Attribution Notice reasonably calculated to inform recipients that | ||
| 68 | You have modified the Original Work. | ||
| 69 | |||
| 70 | 7) Warranty of Provenance and Disclaimer of Warranty. Licensor warrants that | ||
| 71 | the copyright in and to the Original Work and the patent rights granted herein | ||
| 72 | by Licensor are owned by the Licensor or are sublicensed to You under the terms | ||
| 73 | of this License with the permission of the contributor(s) of those copyrights | ||
| 74 | and patent rights. Except as expressly stated in the immediately proceeding | ||
| 75 | sentence, the Original Work is provided under this License on an "AS | ||
| 76 | IS" BASIS and WITHOUT WARRANTY, either express or implied, including, | ||
| 77 | without limitation, the warranties of NON-INFRINGEMENT, MERCHANTABILITY or | ||
| 78 | FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY OF THE | ||
| 79 | ORIGINAL WORK IS WITH YOU. This DISCLAIMER OF WARRANTY constitutes an essential | ||
| 80 | part of this License. No license to Original Work is granted hereunder except | ||
| 81 | under this disclaimer. | ||
| 82 | |||
| 83 | 8) Limitation of Liability. Under no circumstances and under no legal theory, | ||
| 84 | whether in tort (including negligence), contract, or otherwise, shall the | ||
| 85 | Licensor be liable to any person for any direct, indirect, special, incidental, | ||
| 86 | or consequential damages of any character arising as a result of this License | ||
| 87 | or the use of the Original Work including, without limitation, damages for loss | ||
| 88 | of goodwill, work stoppage, computer failure or malfunction, or any and all | ||
| 89 | other commercial damages or losses. This limitation of liability shall not | ||
| 90 | apply to liability for death or personal injury resulting from Licensor's | ||
| 91 | negligence to the extent applicable law prohibits such limitation. Some | ||
| 92 | jurisdictions do not allow the exclusion or limitation of incidental or | ||
| 93 | consequential damages, so this exclusion and limitation may not apply to You. | ||
| 94 | |||
| 95 | 9) Acceptance and Termination. If You distribute copies of the Original Work or | ||
| 96 | a Derivative Work, You must make a reasonable effort under the circumstances to | ||
| 97 | obtain the express assent of recipients to the terms of this License. Nothing | ||
| 98 | else but this License (or another written agreement between Licensor and You) | ||
| 99 | grants You permission to create Derivative Works based upon the Original Work | ||
| 100 | or to exercise any of the rights granted in Section 1 herein, and any attempt | ||
| 101 | to do so except under the terms of this License (or another written agreement | ||
| 102 | between Licensor and You) is expressly prohibited by U.S. copyright law, the | ||
| 103 | equivalent laws of other countries, and by international treaty. Therefore, by | ||
| 104 | exercising any of the rights granted to You in Section 1 herein, You indicate | ||
| 105 | Your acceptance of this License and all of its terms and conditions. | ||
| 106 | |||
| 107 | 10) Termination for Patent Action. This License shall terminate automatically | ||
| 108 | and You may no longer exercise any of the rights granted to You by this License | ||
| 109 | as of the date You commence an action, including a cross-claim or counterclaim, | ||
| 110 | against Licensor or any licensee alleging that the Original Work infringes a | ||
| 111 | patent. This termination provision shall not apply for an action alleging | ||
| 112 | patent infringement by combinations of the Original Work with other software or | ||
| 113 | hardware. | ||
| 114 | |||
| 115 | 11) Jurisdiction, Venue and Governing Law. Any action or suit relating to this | ||
| 116 | License may be brought only in the courts of a jurisdiction wherein the | ||
| 117 | Licensor resides or in which Licensor conducts its primary business, and under | ||
| 118 | the laws of that jurisdiction excluding its conflict-of-law provisions. The | ||
| 119 | application of the United Nations Convention on Contracts for the International | ||
| 120 | Sale of Goods is expressly excluded. Any use of the Original Work outside the | ||
| 121 | scope of this License or after its termination shall be subject to the | ||
| 122 | requirements and penalties of the U.S. Copyright Act, 17 U.S.C. § 101 et seq., | ||
| 123 | the equivalent laws of other countries, and international treaty. This section | ||
| 124 | shall survive the termination of this License. | ||
| 125 | |||
| 126 | 12) Attorneys Fees. In any action to enforce the terms of this License or | ||
| 127 | seeking damages relating thereto, the prevailing party shall be entitled to | ||
| 128 | recover its costs and expenses, including, without limitation, reasonable | ||
| 129 | attorneys' fees and costs incurred in connection with such action, including | ||
| 130 | any appeal of such action. This section shall survive the termination of this | ||
| 131 | License. | ||
| 132 | |||
| 133 | 13) Miscellaneous. This License represents the complete agreement concerning | ||
| 134 | the subject matter hereof. If any provision of this License is held to be | ||
| 135 | unenforceable, such provision shall be reformed only to the extent necessary to | ||
| 136 | make it enforceable. | ||
| 137 | |||
| 138 | 14) Definition of "You" in This License. "You" throughout | ||
| 139 | this License, whether in upper or lower case, means an individual or a legal | ||
| 140 | entity exercising rights under, and complying with all of the terms of, this | ||
| 141 | License. For legal entities, "You" includes any entity that controls, | ||
| 142 | is controlled by, or is under common control with you. For purposes of this | ||
| 143 | definition, "control" means (i) the power, direct or indirect, to | ||
| 144 | cause the direction or management of such entity, whether by contract or | ||
| 145 | otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding | ||
| 146 | shares, or (iii) beneficial ownership of such entity. | ||
| 147 | |||
| 148 | 15) Right to Use. You may use the Original Work in all ways not otherwise | ||
| 149 | restricted or conditioned by this License or by law, and Licensor promises not | ||
| 150 | to interfere with or be responsible for such uses by You. | ||
| 151 | |||
| 152 | This license is Copyright (C) 2003-2004 Lawrence E. Rosen. All rights reserved. | ||
| 153 | Permission is hereby granted to copy and distribute this license without | ||
| 154 | modification. This license may not be modified without the express written | ||
| 155 | permission of its copyright owner. | ||
