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|  | 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. | ||||||
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