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