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| 1 | + |
| 2 | +Academic Free License ("AFL") v. 3.0 |
| 3 | + |
| 4 | +This Academic Free License (the "License") applies to any original work of authorship (the "Original Work") whose owner |
| 5 | +(the "Licensor") has placed the following licensing notice adjacent to the copyright notice for the Original Work: |
| 6 | + |
| 7 | +Licensed under the Academic Free License version 3.0 |
| 8 | + |
| 9 | +1. Grant of Copyright License. Licensor grants You a worldwide, royalty-free, non-exclusive, sublicensable license, for |
| 10 | + the duration of the copyright, to do the following: |
| 11 | + |
| 12 | + 1. to reproduce the Original Work in copies, either alone or as part of a collective work; |
| 13 | + |
| 14 | + 2. to translate, adapt, alter, transform, modify, or arrange the Original Work, thereby creating derivative works |
| 15 | + ("Derivative Works") based upon the Original Work; |
| 16 | + |
| 17 | + 3. to distribute or communicate copies of the Original Work and Derivative Works to the public, under any license |
| 18 | + of your choice that does not contradict the terms and conditions, including Licensor's reserved rights and |
| 19 | + remedies, in this Academic Free License; |
| 20 | + |
| 21 | + 4. to perform the Original Work publicly; and |
| 22 | + |
| 23 | + 5. to display the Original Work publicly. |
| 24 | + |
| 25 | +2. Grant of Patent License. Licensor grants You a worldwide, royalty-free, non-exclusive, sublicensable license, under |
| 26 | + patent claims owned or controlled by the Licensor that are embodied in the Original Work as furnished by the Licensor, |
| 27 | + for the duration of the patents, to make, use, sell, offer for sale, have made, and import the Original Work and |
| 28 | + Derivative Works. |
| 29 | + |
| 30 | +3. Grant of Source Code License. The term "Source Code" means the preferred form of the Original Work for making |
| 31 | + modifications to it and all available documentation describing how to modify the Original Work. Licensor agrees to |
| 32 | + provide a machine-readable copy of the Source Code of the Original Work along with each copy of the Original Work |
| 33 | + that Licensor distributes. Licensor reserves the right to satisfy this obligation by placing a machine-readable copy |
| 34 | + of the Source Code in an information repository reasonably calculated to permit inexpensive and convenient access by |
| 35 | + You for as long as Licensor continues to distribute the Original Work. |
| 36 | + |
| 37 | +4. Exclusions From License Grant. Neither the names of Licensor, nor the names of any contributors to the Original Work, |
| 38 | + nor any of their trademarks or service marks, may be used to endorse or promote products derived from this Original |
| 39 | + Work without express prior permission of the Licensor. Except as expressly stated herein, nothing in this License |
| 40 | + grants any license to Licensor's trademarks, copyrights, patents, trade secrets or any other intellectual property. |
| 41 | + No patent license is granted to make, use, sell, offer for sale, have made, or import embodiments of any patent |
| 42 | + claims other than the licensed claims defined in Section 2. No license is granted to the trademarks of Licensor even |
| 43 | + if such marks are included in the Original Work. Nothing in this License shall be interpreted to prohibit Licensor |
| 44 | + from licensing under terms different from this License any Original Work that Licensor otherwise would have a right |
| 45 | + to license. |
| 46 | + |
| 47 | +5. External Deployment. The term "External Deployment" means the use, distribution, or communication of the Original |
| 48 | + Work or Derivative Works in any way such that the Original Work or Derivative Works may be used by anyone other than |
| 49 | + You, whether those works are distributed or communicated to those persons or made available as an application intended |
| 50 | + for use over a network. As an express condition for the grants of license hereunder, You must treat any External |
| 51 | + Deployment by You of the Original Work or a Derivative Work as a distribution under section 1(c). |
| 52 | + |
| 53 | +6. Attribution Rights. You must retain, in the Source Code of any Derivative Works that You create, all copyright, |
| 54 | + patent, or trademark notices from the Source Code of the Original Work, as well as any notices of licensing and any |
| 55 | + descriptive text identified therein as an "Attribution Notice." You must cause the Source Code for any Derivative |
| 56 | + Works that You create to carry a prominent Attribution Notice reasonably calculated to inform recipients that You |
| 57 | + have modified the Original Work. |
| 58 | + |
| 59 | +7. Warranty of Provenance and Disclaimer of Warranty. Licensor warrants that the copyright in and to the Original Work |
| 60 | + and the patent rights granted herein by Licensor are owned by the Licensor or are sublicensed to You under the terms |
| 61 | + of this License with the permission of the contributor(s) of those copyrights and patent rights. Except as expressly |
| 62 | + stated in the immediately preceding sentence, the Original Work is provided under this License on an "AS IS" BASIS |
| 63 | + and WITHOUT WARRANTY, either express or implied, including, without limitation, the warranties of non-infringement, |
| 64 | + merchantability or fitness for a particular purpose. THE ENTIRE RISK AS TO THE QUALITY OF THE ORIGINAL WORK IS WITH YOU. |
| 65 | + This DISCLAIMER OF WARRANTY constitutes an essential part of this License. No license to the Original Work is granted |
| 66 | + by this License except under this disclaimer. |
| 67 | + |
| 68 | +8. Limitation of Liability. Under no circumstances and under no legal theory, whether in tort (including negligence), |
| 69 | + contract, or otherwise, shall the Licensor be liable to anyone for any indirect, special, incidental, or consequential |
| 70 | + damages of any character arising as a result of this License or the use of the Original Work including, without |
| 71 | + limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other |
| 72 | + commercial damages or losses. This limitation of liability shall not apply to the extent applicable law prohibits such |
| 73 | + limitation. |
| 74 | + |
| 75 | +9. Acceptance and Termination. If, at any time, You expressly assented to this License, that assent indicates your clear |
| 76 | + and irrevocable acceptance of this License and all of its terms and conditions. If You distribute or communicate |
| 77 | + copies of the Original Work or a Derivative Work, You must make a reasonable effort under the circumstances to obtain |
| 78 | + the express assent of recipients to the terms of this License. This License conditions your rights to undertake the |
| 79 | + activities listed in Section 1, including your right to create Derivative Works based upon the Original Work, and |
| 80 | + doing so without honoring these terms and conditions is prohibited by copyright law and international treaty. |
| 81 | + Nothing in this License is intended to affect copyright exceptions and limitations (including "fair use" or "fair |
| 82 | + dealing"). This License shall terminate immediately and You may no longer exercise any of the rights granted to You |
| 83 | + by this License upon your failure to honor the conditions in Section 1(c). |
| 84 | + |
| 85 | +10. Termination for Patent Action. This License shall terminate automatically and You may no longer exercise any of the |
| 86 | + rights granted to You by this License as of the date You commence an action, including a cross-claim or counterclaim, |
| 87 | + against Licensor or any licensee alleging that the Original Work infringes a patent. This termination provision shall |
| 88 | + not apply for an action alleging patent infringement by combinations of the Original Work with other software or hardware. |
| 89 | + |
| 90 | +11. Jurisdiction, Venue and Governing Law. Any action or suit relating to this License may be brought only in the courts |
| 91 | + of a jurisdiction wherein the Licensor resides or in which Licensor conducts its primary business, and under the laws |
| 92 | + of that jurisdiction excluding its conflict-of-law provisions. The application of the United Nations Convention on |
| 93 | + Contracts for the International Sale of Goods is expressly excluded. Any use of the Original Work outside the scope |
| 94 | + of this License or after its termination shall be subject to the requirements and penalties of copyright or patent |
| 95 | + law in the appropriate jurisdiction. This section shall survive the termination of this License. |
| 96 | + |
| 97 | +12. Attorneys' Fees. In any action to enforce the terms of this License or seeking damages relating thereto, the |
| 98 | + prevailing party shall be entitled to recover its costs and expenses, including, without limitation, reasonable |
| 99 | + attorneys' fees and costs incurred in connection with such action, including any appeal of such action. |
| 100 | + This section shall survive the termination of this License. |
| 101 | + |
| 102 | +13. Miscellaneous. If any provision of this License is held to be unenforceable, such provision shall be reformed only |
| 103 | + to the extent necessary to make it enforceable. |
| 104 | + |
| 105 | +14. Definition of "You" in This License. "You" throughout this License, whether in upper or lower case, means an individual |
| 106 | + or a legal entity exercising rights under, and complying with all of the terms of, this License. For legal entities, |
| 107 | + "You" includes any entity that controls, is controlled by, or is under common control with you. For purposes of this |
| 108 | + definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, |
| 109 | + whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or |
| 110 | + (iii) beneficial ownership of such entity. |
| 111 | + |
| 112 | +15. Right to Use. You may use the Original Work in all ways not otherwise restricted or conditioned by this License or |
| 113 | + by law, and Licensor promises not to interfere with or be responsible for such uses by You. |
| 114 | + |
| 115 | +16. Modification of This License. This License is Copyright � 2005 Lawrence Rosen. Permission is granted to copy, |
| 116 | + distribute, or communicate this License without modification. Nothing in this License permits You to modify this |
| 117 | + License as applied to the Original Work or to Derivative Works. However, You may modify the text of this License |
| 118 | + and copy, distribute or communicate your modified version (the "Modified License") and apply it to other original |
| 119 | + works of authorship subject to the following conditions: (i) You may not indicate in any way that your Modified |
| 120 | + License is the "Academic Free License" or "AFL" and you may not use those names in the name of your Modified License; |
| 121 | + (ii) You must replace the notice specified in the first paragraph above with the notice "Licensed under <insert your license name here>" |
| 122 | + or with a notice of your own that is not confusingly similar to the notice in this License; and (iii) You may not |
| 123 | + claim that your original works are open source software unless your Modified License has been approved by |
| 124 | + Open Source Initiative (OSI) and You comply with its license review and certification process. |
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