LICENSE_AFL3.txt   [plain text]


http://www.opensource.org/licenses/academic.php

Academic Free License ("AFL") v. 3.0

This Academic Free License (the "License") applies to any original
work of authorship (the "Original Work") whose owner (the "Licensor")
has placed the following licensing notice adjacent to the copyright
notice for the Original Work:

    Licensed under the Academic Free License version 3.0

 1) Grant of Copyright License. Licensor grants You a worldwide,
    royalty-free, non-exclusive, sublicensable license, for the
    duration of the copyright, to do the following:
    a) to reproduce the Original Work in copies, either alone or as
       part of a collective work;
    b) to translate, adapt, alter, transform, modify, or arrange the
       Original Work, thereby creating derivative works ("Derivative
       Works") based upon the Original Work;
    c) to distribute or communicate copies of the Original Work and
       Derivative Works to the public, under any license of your
       choice that does not contradict the terms and conditions,
       including Licensor's reserved rights and remedies, in this
       Academic Free License;
    d) to perform the Original Work publicly; and
    e) to display the Original Work publicly.

 2) Grant of Patent License. Licensor grants You a worldwide,
    royalty-free, non- exclusive, sublicensable license, under patent
    claims owned or controlled by the Licensor that are embodied in
    the Original Work as furnished by the Licensor, for the duration
    of the patents, to make, use, sell, offer for sale, have made, and
    import the Original Work and Derivative Works.

 3) Grant of Source Code License. The term "Source Code" means the
    preferred form of the Original Work for making modifications to it
    and all available documentation describing how to modify the
    Original Work. Licensor agrees to provide a machine-readable copy
    of the Source Code of the Original Work along with each copy of
    the Original Work that Licensor distributes. Licensor reserves the
    right to satisfy this obligation by placing a machine-readable
    copy of the Source Code in an information repository reasonably
    calculated to permit inexpensive and convenient access by You for
    as long as Licensor continues to distribute the Original Work.

 4) Exclusions From License Grant. Neither the names of Licensor, nor
    the names of any contributors to the Original Work, nor any of
    their trademarks or service marks, may be used to endorse or
    promote products derived from this Original Work without express
    prior permission of the Licensor. Except as expressly stated
    herein, nothing in this License grants any license to Licensor's
    trademarks, copyrights, patents, trade secrets or any other
    intellectual property. No patent license is granted to make, use,
    sell, offer for sale, have made, or import embodiments of any
    patent claims other than the licensed claims defined in Section
    2. No license is granted to the trademarks of Licensor even if
    such marks are included in the Original Work. Nothing in this
    License shall be interpreted to prohibit Licensor from licensing
    under terms different from this License any Original Work that
    Licensor otherwise would have a right to license.

 5) External Deployment. The term "External Deployment" means the use,
    distribution, or communication of the Original Work or Derivative
    Works in any way such that the Original Work or Derivative Works
    may be used by anyone other than You, whether those works are
    distributed or communicated to those persons or made available as
    an application intended for use over a network. As an express
    condition for the grants of license hereunder, You must treat any
    External Deployment by You of the Original Work or a Derivative
    Work as a distribution under section 1(c).

 6) Attribution Rights. You must retain, in the Source Code of any
    Derivative Works that You create, all copyright, patent, or
    trademark notices from the Source Code of the Original Work, as
    well as any notices of licensing and any descriptive text
    identified therein as an "Attribution Notice." You must cause the
    Source Code for any Derivative Works that You create to carry a
    prominent Attribution Notice reasonably calculated to inform
    recipients that You have modified the Original Work.

 7) Warranty of Provenance and Disclaimer of Warranty. Licensor
    warrants that the copyright in and to the Original Work and the
    patent rights granted herein by Licensor are owned by the Licensor
    or are sublicensed to You under the terms of this License with the
    permission of the contributor(s) of those copyrights and patent
    rights. Except as expressly stated in the immediately preceding
    sentence, the Original Work is provided under this License on an
    "AS IS" BASIS and WITHOUT WARRANTY, either express or implied,
    including, without limitation, the warranties of non-infringement,
    merchantability or fitness for a particular purpose. THE ENTIRE
    RISK AS TO THE QUALITY OF THE ORIGINAL WORK IS WITH YOU.  This
    DISCLAIMER OF WARRANTY constitutes an essential part of this
    License. No license to the Original Work is granted by this
    License except under this disclaimer.

 8) Limitation of Liability. Under no circumstances and under no legal
    theory, whether in tort (including negligence), contract, or
    otherwise, shall the Licensor be liable to anyone for any
    indirect, special, incidental, or consequential damages of any
    character arising as a result of this License or the use of the
    Original Work including, without limitation, damages for loss of
    goodwill, work stoppage, computer failure or malfunction, or any
    and all other commercial damages or losses. This limitation of
    liability shall not apply to the extent applicable law prohibits
    such limitation.

 9) Acceptance and Termination. If, at any time, You expressly
    assented to this License, that assent indicates your clear and
    irrevocable acceptance of this License and all of its terms and
    conditions. If You distribute or communicate copies of the
    Original Work or a Derivative Work, You must make a reasonable
    effort under the circumstances to obtain the express assent of
    recipients to the terms of this License. This License conditions
    your rights to undertake the activities listed in Section 1,
    including your right to create Derivative Works based upon the
    Original Work, and doing so without honoring these terms and
    conditions is prohibited by copyright law and international
    treaty. Nothing in this License is intended to affect copyright
    exceptions and limitations (including "fair use" or "fair
    dealing"). This License shall terminate immediately and You may no
    longer exercise any of the rights granted to You by this License
    upon your failure to honor the conditions in Section 1(c).

10) Termination for Patent Action. This License shall terminate
    automatically and You may no longer exercise any of the rights
    granted to You by this License as of the date You commence an
    action, including a cross-claim or counterclaim, against Licensor
    or any licensee alleging that the Original Work infringes a
    patent. This termination provision shall not apply for an action
    alleging patent infringement by combinations of the Original Work
    with other software or hardware.

11) Jurisdiction, Venue and Governing Law. Any action or suit relating
    to this License may be brought only in the courts of a
    jurisdiction wherein the Licensor resides or in which Licensor
    conducts its primary business, and under the laws of that
    jurisdiction excluding its conflict-of-law provisions. The
    application of the United Nations Convention on Contracts for the
    International Sale of Goods is expressly excluded. Any use of the
    Original Work outside the scope of this License or after its
    termination shall be subject to the requirements and penalties of
    copyright or patent law in the appropriate jurisdiction. This
    section shall survive the termination of this License.

12) Attorneys' Fees. In any action to enforce the terms of this
    License or seeking damages relating thereto, the prevailing party
    shall be entitled to recover its costs and expenses, including,
    without limitation, reasonable attorneys' fees and costs incurred
    in connection with such action, including any appeal of such
    action. This section shall survive the termination of this
    License.

13) Miscellaneous. If any provision of this License is held to be
    unenforceable, such provision shall be reformed only to the extent
    necessary to make it enforceable.

14) Definition of "You" in This License. "You" throughout this
    License, whether in upper or lower case, means an individual or a
    legal entity exercising rights under, and complying with all of
    the terms of, this License. For legal entities, "You" includes any
    entity that controls, is controlled by, or is under common control
    with you. For purposes of this definition, "control" means (i) the
    power, direct or indirect, to cause the direction or management of
    such entity, whether by contract or otherwise, or (ii) ownership
    of fifty percent (50%) or more of the outstanding shares, or (iii)
    beneficial ownership of such entity.

15) Right to Use. You may use the Original Work in all ways not
    otherwise restricted or conditioned by this License or by law, and
    Licensor promises not to interfere with or be responsible for such
    uses by You.

16) Modification of This License. This License is Copyright © 2005
    Lawrence Rosen. Permission is granted to copy, distribute, or
    communicate this License without modification. Nothing in this
    License permits You to modify this License as applied to the
    Original Work or to Derivative Works. However, You may modify the
    text of this License and copy, distribute or communicate your
    modified version (the "Modified License") and apply it to other
    original works of authorship subject to the following conditions:
    (i) You may not indicate in any way that your Modified License is
    the "Academic Free License" or "AFL" and you may not use those
    names in the name of your Modified License; (ii) You must replace
    the notice specified in the first paragraph above with the notice
    "Licensed under <insert your license name here>" or with a notice
    of your own that is not confusingly similar to the notice in this
    License; and (iii) You may not claim that your original works are
    open source software unless your Modified License has been
    approved by Open Source Initiative (OSI) and You comply with its
    license review and certification process.