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Academic Free License v. 2.1
This
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:
Licensed
under the Academic Free License version 2.1
1)
Grant of Copyright License. Licensor hereby grants You a world-wide,
royalty-free, non-exclusive, perpetual, sublicenseable license to
do the following:
a)
to reproduce the Original Work in copies;
b)
to prepare derivative works ("Derivative Works") based
upon the Original Work;
c)
to distribute copies of the Original Work and Derivative Works to
the public;
d)
to perform the Original Work publicly; and
e)
to display the Original Work publicly.
2)
Grant of Patent License. Licensor hereby grants You a world-wide,
royalty-free, non-exclusive, perpetual, sublicenseable license,
under patent claims owned or controlled by the Licensor that are
embodied in the Original Work as furnished by the Licensor, to make,
use, sell and offer for sale 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 hereby 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, and
by publishing the address of that information repository in a notice
immediately following the copyright notice that applies to 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 written permission
of the Licensor. Nothing in this License shall be deemed to grant
any rights to trademarks, copyrights, patents, trade secrets or
any other intellectual property of Licensor except as expressly
stated herein. No patent license is granted to make, use, sell or
offer to sell embodiments of any patent claims other than the licensed
claims defined in Section 2. No right 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 different terms from this License any Original
Work that Licensor otherwise would have a right to license.
5)
This section intentionally omitted.
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 proceeding 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 Original Work is
granted hereunder 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 any person for any direct, 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 liability for death or personal injury resulting from Licensor's
negligence to the extent applicable law prohibits such limitation.
Some jurisdictions do not allow the exclusion or limitation of incidental
or consequential damages, so this exclusion and limitation may not
apply to You.
9)
Acceptance and Termination. If You distribute 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. Nothing else but this License (or another
written agreement between Licensor and You) grants You permission
to create Derivative Works based upon the Original Work or to exercise
any of the rights granted in Section 1 herein, and any attempt to
do so except under the terms of this License (or another written
agreement between Licensor and You) is expressly prohibited by U.S.
copyright law, the equivalent laws of other countries, and by international
treaty. Therefore, by exercising any of the rights granted to You
in Section 1 herein, You indicate Your acceptance of this License
and all of its terms and conditions.
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 the U.S. Copyright Act, 17 U.S.C. §
101 et seq., the equivalent laws of other countries, and international
treaty. 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. This License represents the complete agreement concerning
the subject matter hereof. 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.
This
license is Copyright (C) 2003-2004 Lawrence E. Rosen. All rights
reserved. Permission is hereby granted to copy and distribute this
license without modification. This license may not be modified without
the express written permission of its copyright owner.
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