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LICENCE
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LICENCE
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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.