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- The 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:
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- 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:
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- a) to reproduce the Original Work in copies;
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- b) to prepare derivative works ("Derivative Works") based upon the Original
- Work;
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- c) to distribute copies of the Original Work and Derivative Works to the public;
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- d) to perform the Original Work publicly; and
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- e) to display the Original Work publicly.
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- 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.
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- 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.
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- 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.
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- 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.
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- 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.
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- 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.
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- 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.
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- 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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