1The Academic Free License
2v. 2.1
3
4This Academic Free License (the "License") applies to any original work of authorship (the "Original Work") whose owner (the "Licensor") has placed the following notice immediately following the copyright notice for the Original Work:
5
6Licensed under the Academic Free License version 2.1
7
81) Grant of Copyright License. Licensor hereby grants You a
9world-wide, royalty-free, non-exclusive, perpetual, sublicenseable
10license to do the following:
11
12a) to reproduce the Original Work in copies;
13
14b) to prepare derivative works ("Derivative Works") based upon the Original Work;
15
16c) to distribute copies of the Original Work and Derivative Works to the public;
17
18d) to perform the Original Work publicly; and
19
20e) to display the Original Work publicly.
21
222) Grant of Patent License. Licensor hereby grants You a world-wide,
23royalty-free, non-exclusive, perpetual, sublicenseable license, under
24patent claims owned or controlled by the Licensor that are embodied in
25the Original Work as furnished by the Licensor, to make, use, sell and
26offer for sale the Original Work and Derivative Works.
27
283) Grant of Source Code License. The term "Source Code" means the
29preferred form of the Original Work for making modifications to it and
30all available documentation describing how to modify the Original
31Work. Licensor hereby agrees to provide a machine-readable copy of the
32Source Code of the Original Work along with each copy of the Original
33Work that Licensor distributes. Licensor reserves the right to satisfy
34this obligation by placing a machine-readable copy of the Source Code
35in an information repository reasonably calculated to permit
36inexpensive and convenient access by You for as long as Licensor
37continues to distribute the Original Work, and by publishing the
38address of that information repository in a notice immediately
39following the copyright notice that applies to the Original Work.
40
414) Exclusions From License Grant. Neither the names of Licensor, nor
42the names of any contributors to the Original Work, nor any of their
43trademarks or service marks, may be used to endorse or promote
44products derived from this Original Work without express prior written
45permission of the Licensor. Nothing in this License shall be deemed to
46grant any rights to trademarks, copyrights, patents, trade secrets or
47any other intellectual property of Licensor except as expressly stated
48herein. No patent license is granted to make, use, sell or offer to
49sell embodiments of any patent claims other than the licensed claims
50defined in Section 2. No right is granted to the trademarks of
51Licensor even if such marks are included in the Original Work. Nothing
52in this License shall be interpreted to prohibit Licensor from
53licensing under different terms from this License any Original Work
54that Licensor otherwise would have a right to license.
55
565) This section intentionally omitted.
57
586) Attribution Rights. You must retain, in the Source Code of any
59Derivative Works that You create, all copyright, patent or trademark
60notices from the Source Code of the Original Work, as well as any
61notices of licensing and any descriptive text identified therein as an
62"Attribution Notice." You must cause the Source Code for any
63Derivative Works that You create to carry a prominent Attribution
64Notice reasonably calculated to inform recipients that You have
65modified the Original Work.
66
677) Warranty of Provenance and Disclaimer of Warranty. Licensor
68warrants that the copyright in and to the Original Work and the patent
69rights granted herein by Licensor are owned by the Licensor or are
70sublicensed to You under the terms of this License with the permission
71of the contributor(s) of those copyrights and patent rights. Except as
72expressly stated in the immediately proceeding sentence, the Original
73Work is provided under this License on an "AS IS" BASIS and WITHOUT
74WARRANTY, either express or implied, including, without limitation,
75the warranties of NON-INFRINGEMENT, MERCHANTABILITY or FITNESS FOR A
76PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY OF THE ORIGINAL
77WORK IS WITH YOU. This DISCLAIMER OF WARRANTY constitutes an essential
78part of this License. No license to Original Work is granted hereunder
79except under this disclaimer.
80
818) Limitation of Liability. Under no circumstances and under no legal
82theory, whether in tort (including negligence), contract, or
83otherwise, shall the Licensor be liable to any person for any direct,
84indirect, special, incidental, or consequential damages of any
85character arising as a result of this License or the use of the
86Original Work including, without limitation, damages for loss of
87goodwill, work stoppage, computer failure or malfunction, or any and
88all other commercial damages or losses. This limitation of liability
89shall not apply to liability for death or personal injury resulting
90from Licensor's negligence to the extent applicable law prohibits such
91limitation. Some jurisdictions do not allow the exclusion or
92limitation of incidental or consequential damages, so this exclusion
93and limitation may not apply to You.
94
959) Acceptance and Termination. If You distribute copies of the
96Original Work or a Derivative Work, You must make a reasonable effort
97under the circumstances to obtain the express assent of recipients to
98the terms of this License. Nothing else but this License (or another
99written agreement between Licensor and You) grants You permission to
100create Derivative Works based upon the Original Work or to exercise
101any of the rights granted in Section 1 herein, and any attempt to do
102so except under the terms of this License (or another written
103agreement between Licensor and You) is expressly prohibited by
104U.S. copyright law, the equivalent laws of other countries, and by
105international treaty. Therefore, by exercising any of the rights
106granted to You in Section 1 herein, You indicate Your acceptance of
107this License and all of its terms and conditions.
108
10910) Termination for Patent Action. This License shall terminate
110automatically and You may no longer exercise any of the rights granted
111to You by this License as of the date You commence an action,
112including a cross-claim or counterclaim, against Licensor or any
113licensee alleging that the Original Work infringes a patent. This
114termination provision shall not apply for an action alleging patent
115infringement by combinations of the Original Work with other software
116or hardware.
117
11811) Jurisdiction, Venue and Governing Law. Any action or suit relating
119to this License may be brought only in the courts of a jurisdiction
120wherein the Licensor resides or in which Licensor conducts its primary
121business, and under the laws of that jurisdiction excluding its
122conflict-of-law provisions. The application of the United Nations
123Convention on Contracts for the International Sale of Goods is
124expressly excluded. Any use of the Original Work outside the scope of
125this License or after its termination shall be subject to the
126requirements and penalties of the U.S. Copyright Act, 17 U.S.C. ���� 101
127et seq., the equivalent laws of other countries, and international
128treaty. This section shall survive the termination of this License.
129
13012) Attorneys Fees. In any action to enforce the terms of this License
131or seeking damages relating thereto, the prevailing party shall be
132entitled to recover its costs and expenses, including, without
133limitation, reasonable attorneys' fees and costs incurred in
134connection with such action, including any appeal of such action. This
135section shall survive the termination of this License.
136
13713) Miscellaneous. This License represents the complete agreement
138concerning the subject matter hereof. If any provision of this License
139is held to be unenforceable, such provision shall be reformed only to
140the extent necessary to make it enforceable.
141
14214) Definition of "You" in This License. "You" throughout this
143License, whether in upper or lower case, means an individual or a
144legal entity exercising rights under, and complying with all of the
145terms of, this License. For legal entities, "You" includes any entity
146that controls, is controlled by, or is under common control with
147you. For purposes of this definition, "control" means (i) the power,
148direct or indirect, to cause the direction or management of such
149entity, whether by contract or otherwise, or (ii) ownership of fifty
150percent (50%) or more of the outstanding shares, or (iii) beneficial
151ownership of such entity.
152
15315) Right to Use. You may use the Original Work in all ways not
154otherwise restricted or conditioned by this License or by law, and
155Licensor promises not to interfere with or be responsible for such
156uses by You.
157
158This license is Copyright (C) 2003-2004 Lawrence E. Rosen. All rights
159reserved. Permission is hereby granted to copy and distribute this
160license without modification. This license may not be modified without
161the express written permission of its copyright owner.
162
163
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165
166END OF ACADEMIC FREE LICENSE. The following is intended to describe the essential
167differences between the Academic Free License (AFL) version 1.0 and other
168open source licenses:
169
170The Academic Free License is similar to the BSD, MIT, UoI/NCSA and Apache
171licenses in many respects but it is intended to solve a few problems with
172those licenses.
173
174* The AFL is written so as to make it clear what software is being
175licensed (by the inclusion of a statement following the copyright notice
176in the software). This way, the license functions better than a template
177license. The BSD, MIT and UoI/NCSA licenses apply to unidentified software.
178
179* The AFL contains a complete copyright grant to the software. The BSD
180and Apache licenses are vague and incomplete in that respect.
181
182* The AFL contains a complete patent grant to the software. The BSD, MIT,
183UoI/NCSA and Apache licenses rely on an implied patent license and contain
184no explicit patent grant.
185
186* The AFL makes it clear that no trademark rights are granted to the
187licensor's trademarks. The Apache license contains such a provision, but the
188BSD, MIT and UoI/NCSA licenses do not.
189
190* The AFL includes the warranty by the licensor that it either owns the
191copyright or that it is distributing the software under a license. None of
192the other licenses contain that warranty. All other warranties are disclaimed,
193as is the case for the other licenses.
194
195* The AFL is itself copyrighted (with the right granted to copy and distribute
196without modification). This ensures that the owner of the copyright to the
197license will control changes. The Apache license contains a copyright notice,
198but the BSD, MIT and UoI/NCSA licenses do not.