1 # Larry Rosen has ceased to use or recommend any version
2 # of the Academic Free License below version 2.1
3
4 The Academic Free License
5 v. 2.1
6
7 This Academic Free License (the "License") applies to any original work of
8 authorship (the "Original Work") whose owner (the "Licensor") has placed the
9 following notice immediately following the copyright notice for the Original
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12 Licensed under the Academic Free License version 2.1
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14 1) Grant of Copyright License. Licensor hereby grants You a world-wide,
15 royalty-free, non-exclusive, perpetual, sublicenseable license to do the
16 following:
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18 a) to reproduce the Original Work in copies;
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20 b) to prepare derivative works ("Derivative Works") based upon the Original
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23 c) to distribute copies of the Original Work and Derivative Works to the
24 public;
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26 d) to perform the Original Work publicly; and
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28 e) to display the Original Work publicly.
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30 2) Grant of Patent License. Licensor hereby grants You a world-wide,
31 royalty-free, non-exclusive, perpetual, sublicenseable license, under patent
32 claims owned or controlled by the Licensor that are embodied in the Original
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34 Original Work and Derivative Works.
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36 3) Grant of Source Code License. The term "Source Code" means the preferred
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46 following the copyright notice that applies to the Original Work.
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48 4) Exclusions From License Grant. Neither the names of Licensor, nor the names
49 of any contributors to the Original Work, nor any of their trademarks or
50 service marks, may be used to endorse or promote products derived from this
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55 make, use, sell or offer to sell embodiments of any patent claims other than
56 the licensed claims defined in Section 2. No right is granted to the
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58 Nothing in this License shall be interpreted to prohibit Licensor from
59 licensing under different terms from this License any Original Work that
60 Licensor otherwise would have a right to license.
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62 5) This section intentionally omitted.
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64 6) Attribution Rights. You must retain, in the Source Code of any Derivative
65 Works that You create, all copyright, patent or trademark notices from the
66 Source Code of the Original Work, as well as any notices of licensing and any
67 descriptive text identified therein as an "Attribution Notice." You must cause
68 the Source Code for any Derivative Works that You create to carry a prominent
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70 modified the Original Work.
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72 7) Warranty of Provenance and Disclaimer of Warranty. Licensor warrants that
73 the copyright in and to the Original Work and the patent rights granted herein
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75 terms of this License with the permission of the contributor(s) of those
76 copyrights and patent rights. Except as expressly stated in the immediately
77 proceeding sentence, the Original Work is provided under this License on an
78 "AS IS" BASIS and WITHOUT WARRANTY, either express or implied, including,
79 without limitation, the warranties of NON-INFRINGEMENT, MERCHANTABILITY or
80 FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY OF THE
81 ORIGINAL WORK IS WITH YOU. This DISCLAIMER OF WARRANTY constitutes an
82 essential part of this License. No license to Original Work is granted
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85 8) Limitation of Liability. Under no circumstances and under no legal theory,
86 whether in tort (including negligence), contract, or otherwise, shall the
87 Licensor be liable to any person for any direct, indirect, special,
88 incidental, or consequential damages of any character arising as a result of
89 this License or the use of the Original Work including, without limitation,
90 damages for loss of goodwill, work stoppage, computer failure or malfunction,
91 or any and all other commercial damages or losses. This limitation of
92 liability shall not apply to liability for death or personal injury resulting
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94 limitation. Some jurisdictions do not allow the exclusion or limitation of
95 incidental or consequential damages, so this exclusion and limitation may not
96 apply to You.
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98 9) Acceptance and Termination. If You distribute copies of the Original Work
99 or a Derivative Work, You must make a reasonable effort under the
100 circumstances to obtain the express assent of recipients to the terms of this
101 License. Nothing else but this License (or another written agreement between
102 Licensor and You) grants You permission to create Derivative Works based upon
103 the Original Work or to exercise any of the rights granted in Section 1
104 herein, and any attempt to do so except under the terms of this License (or
105 another written agreement between Licensor and You) is expressly prohibited by
106 U.S. copyright law, the equivalent laws of other countries, and by
107 international treaty. Therefore, by exercising any of the rights granted to
108 You in Section 1 herein, You indicate Your acceptance of this License and all
109 of its terms and conditions.
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111 10) Termination for Patent Action. This License shall terminate automatically
112 and You may no longer exercise any of the rights granted to You by this
113 License as of the date You commence an action, including a cross-claim or
114 counterclaim, against Licensor or any licensee alleging that the Original Work
115 infringes a patent. This termination provision shall not apply for an action
116 alleging patent infringement by combinations of the Original Work with other
117 software or hardware.
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119 11) Jurisdiction, Venue and Governing Law. Any action or suit relating to this
120 License may be brought only in the courts of a jurisdiction wherein the
121 Licensor resides or in which Licensor conducts its primary business, and under
122 the laws of that jurisdiction excluding its conflict-of-law provisions. The
123 application of the United Nations Convention on Contracts for the
124 International Sale of Goods is expressly excluded. Any use of the Original
125 Work outside the scope of this License or after its termination shall be
126 subject to the requirements and penalties of the U.S. Copyright Act, 17 U.S.C.
127 ยง 101 et seq., the equivalent laws of other countries, and international
128 treaty. This section shall survive the termination of this License.
129
130 12) Attorneys Fees. In any action to enforce the terms of this License or
131 seeking damages relating thereto, the prevailing party shall be entitled to
132 recover its costs and expenses, including, without limitation, reasonable
133 attorneys' fees and costs incurred in connection with such action, including
134 any appeal of such action. This section shall survive the termination of this
135 License.
136
137 13) Miscellaneous. This License represents the complete agreement concerning
138 the subject matter hereof. If any provision of this License is held to be
139 unenforceable, such provision shall be reformed only to the extent necessary
140 to make it enforceable.
141
142 14) Definition of "You" in This License. "You" throughout this License,
143 whether in upper or lower case, means an individual or a legal entity
144 exercising rights under, and complying with all of the terms of, this License.
145 For legal entities, "You" includes any entity that controls, is controlled by,
146 or is under common control with you. For purposes of this definition,
147 "control" means (i) the power, direct or indirect, to cause the direction or
148 management of such entity, whether by contract or otherwise, or (ii) ownership
149 of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial
150 ownership of such entity.
151
152 15) Right to Use. You may use the Original Work in all ways not otherwise
153 restricted or conditioned by this License or by law, and Licensor promises not
154 to interfere with or be responsible for such uses by You.
155
156 This license is Copyright (C) 2003-2004 Lawrence E. Rosen. All rights
157 reserved. Permission is hereby granted to copy and distribute this license
158 without modification. This license may not be modified without the express
159 written permission of its copyright owner.