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1The Academic Free License
2
3v. 2.0
4
5This Academic Free License (the "License") applies to any original work of
6authorship (the "Original Work") whose owner (the "Licensor") has placed the
7following notice immediately following the copyright notice for the Original
8Work:
9
10Licensed under the Academic Free License version 2.0
11
121) Grant of Copyright License. Licensor hereby grants You a world-wide,
13royalty-free, non-exclusive, perpetual, sublicenseable license to do the
14following:
15
16a) to reproduce the Original Work in copies;
17
18b) to prepare derivative works ("Derivative Works") based upon the Original
19Work;
20
21c) to distribute copies of the Original Work and Derivative Works to the
22public;
23
24d) to perform the Original Work publicly; and
25
26e) to display the Original Work publicly.
27
282) Grant of Patent License. Licensor hereby grants You a world-wide, royalty-
29free, non-exclusive, perpetual, sublicenseable license, under patent claims
30owned or controlled by the Licensor that are embodied in the Original Work as
31furnished by the Licensor, to make, use, sell and offer for sale the Original
32Work and Derivative Works.
33
343) Grant of Source Code License. The term "Source Code" means the preferred
35form of the Original Work for making modifications to it and all available
36documentation describing how to modify the Original Work. Licensor hereby
37agrees to provide a machine-readable copy of the Source Code of the Original
38Work along with each copy of the Original Work that Licensor distributes.
39Licensor reserves the right to satisfy this obligation by placing a machine-
40readable copy of the Source Code in an information repository reasonably
41calculated to permit inexpensive and convenient access by You for as long as
42Licensor continues to distribute the Original Work, and by publishing the
43address of that information repository in a notice immediately following the
44copyright notice that applies to the Original Work.
45
464) Exclusions From License Grant. Neither the names of Licensor, nor the names
47of any contributors to the Original Work, nor any of their trademarks or
48service marks, may be used to endorse or promote products derived from this
49Original Work without express prior written permission of the Licensor.
50Nothing in this License shall be deemed to grant any rights to trademarks,
51copyrights, patents, trade secrets or any other intellectual property of
52Licensor except as expressly stated herein. No patent license is granted to
53make, use, sell or offer to sell embodiments of any patent claims other than
54the licensed claims defined in Section 2. No right is granted to the
55trademarks of Licensor even if such marks are included in the Original Work.
56Nothing in this License shall be interpreted to prohibit Licensor from
57licensing under different terms from this License any Original Work that
58Licensor otherwise would have a right to license.
59
605) This section intentionally omitted.
61
626) Attribution Rights. You must retain, in the Source Code of any Derivative
63Works that You create, all copyright, patent or trademark notices from the
64Source Code of the Original Work, as well as any notices of licensing and any
65descriptive text identified therein as an "Attribution Notice." You must cause
66the Source Code for any Derivative Works that You create to carry a prominent
67Attribution Notice reasonably calculated to inform recipients that You have
68modified the Original Work.
69
707) Warranty of Provenance and Disclaimer of Warranty. Licensor warrants that
71the copyright in and to the Original Work and the patent rights granted herein
72by Licensor are owned by the Licensor or are sublicensed to You under the
73terms of this License with the permission of the contributor(s) of those
74copyrights and patent rights. Except as expressly stated in the immediately
75proceeding sentence, the Original Work is provided under this License on an
76"AS IS" BASIS and WITHOUT WARRANTY, either express or implied, including,
77without limitation, the warranties of NON-INFRINGEMENT, MERCHANTABILITY or
78FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY OF THE
79ORIGINAL WORK IS WITH YOU. This DISCLAIMER OF WARRANTY constitutes an
80essential part of this License. No license to Original Work is granted
81hereunder except under this disclaimer.
82
838) Limitation of Liability. Under no circumstances and under no legal theory,
84whether in tort (including negligence), contract, or otherwise, shall the
85Licensor be liable to any person for any direct, indirect, special,
86incidental, or consequential damages of any character arising as a result of
87this License or the use of the Original Work including, without limitation,
88damages for loss of goodwill, work stoppage, computer failure or malfunction,
89or any and all other commercial damages or losses. This limitation of
90liability shall not apply to liability for death or personal injury resulting
91from Licensor's negligence to the extent applicable law prohibits such
92limitation. Some jurisdictions do not allow the exclusion or limitation of
93incidental or consequential damages, so this exclusion and limitation may not
94apply to You.
95
969) Acceptance and Termination. If You distribute copies of the Original Work
97or a Derivative Work, You must make a reasonable effort under the
98circumstances to obtain the express assent of recipients to the terms of this
99License. Nothing else but this License (or another written agreement between
100Licensor and You) grants You permission to create Derivative Works based upon
101the Original Work or to exercise any of the rights granted in Section 1
102herein, and any attempt to do so except under the terms of this License (or
103another written agreement between Licensor and You) is expressly prohibited by
104U.S. copyright law, the equivalent laws of other countries, and by
105international treaty. Therefore, by exercising any of the rights granted to
106You in Section 1 herein, You indicate Your acceptance of this License and all
107of its terms and conditions.
108
10910) Termination for Patent Action. This License shall terminate automatically
110and You may no longer exercise any of the rights granted to You by this
111License as of the date You commence an action, including a cross-claim or
112counterclaim, for patent infringement (i) against Licensor with respect to a
113patent applicable to software or (ii) against any entity with respect to a
114patent applicable to the Original Work (but excluding combinations of the
115Original Work with other software or hardware).
116
11711) Jurisdiction, Venue and Governing Law. Any action or suit relating to this
118License may be brought only in the courts of a jurisdiction wherein the
119Licensor resides or in which Licensor conducts its primary business, and under
120the laws of that jurisdiction excluding its conflict-of-law provisions. The
121application of the United Nations Convention on Contracts for the
122International Sale of Goods is expressly excluded. Any use of the Original
123Work outside the scope of this License or after its termination shall be
124subject to the requirements and penalties of the U.S. Copyright Act, 17 U.S.C.
125¤ 101 et seq., the equivalent laws of other countries, and international
126treaty. This section shall survive the termination of this License.
127
12812) Attorneys Fees. In any action to enforce the terms of this License or
129seeking damages relating thereto, the prevailing party shall be entitled to
130recover its costs and expenses, including, without limitation, reasonable
131attorneys' fees and costs incurred in connection with such action,
132including any appeal of such action. This section shall survive the
133termination of this License.
134
13513) Miscellaneous. This License represents the complete agreement concerning
136the subject matter hereof. If any provision of this License is held to be
137unenforceable, such provision shall be reformed only to the extent necessary
138to make it enforceable.
139
14014) Definition of "You" in This License. "You" throughout this License,
141whether in upper or lower case, means an individual or a legal entity
142exercising rights under, and complying with all of the terms of, this License.
143For legal entities, "You" includes any entity that controls, is controlled by,
144or is under common control with you. For purposes of this definition,
145"control" means (i) the power, direct or indirect, to cause the direction or
146management of such entity, whether by contract or otherwise, or (ii) ownership
147of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial
148ownership of such entity.
149
15015) Right to Use. You may use the Original Work in all ways not otherwise
151restricted or conditioned by this License or by law, and Licensor promises not
152to interfere with or be responsible for such uses by You.
153
154This license is Copyright (C) 2003 Lawrence E. Rosen. All rights reserved.
155
156Permission is hereby granted to copy and distribute this license without
157modification. This license may not be modified without the express written
158permission of its copyright owner.
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160