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| 1 | + |
| 2 | + The Academic Free License |
| 3 | + v. 2.0 |
| 4 | + |
| 5 | +This Academic Free License (the "License") applies to any original work |
| 6 | +of authorship (the "Original Work") whose owner (the "Licensor") has |
| 7 | +placed the following notice immediately following the copyright notice |
| 8 | +for the Original Work: |
| 9 | + |
| 10 | + *Licensed under the Academic Free License version 2.0* |
| 11 | + |
| 12 | +1) *Grant of Copyright License.* Licensor hereby grants You a |
| 13 | +world-wide, royalty-free, non-exclusive, perpetual, sublicenseable |
| 14 | +license to do the following: |
| 15 | + |
| 16 | + a) to reproduce the Original Work in copies; |
| 17 | + |
| 18 | + b) to prepare derivative works ("Derivative Works") based upon the |
| 19 | + Original Work; |
| 20 | + |
| 21 | + c) to distribute copies of the Original Work and Derivative Works to |
| 22 | + the public; |
| 23 | + |
| 24 | + d) to perform the Original Work publicly; and |
| 25 | + |
| 26 | + e) to display the Original Work publicly. |
| 27 | + |
| 28 | +2) *Grant of Patent License.* Licensor hereby grants You a world-wide, |
| 29 | +royalty-free, non-exclusive, perpetual, sublicenseable license, under |
| 30 | +patent claims owned or controlled by the Licensor that are embodied in |
| 31 | +the Original Work as furnished by the Licensor, to make, use, sell and |
| 32 | +offer for sale the Original Work and Derivative Works. |
| 33 | + |
| 34 | +3) *Grant of Source Code License.* The term "Source Code" means the |
| 35 | +preferred form of the Original Work for making modifications to it and |
| 36 | +all available documentation describing how to modify the Original Work. |
| 37 | +Licensor hereby agrees to provide a machine-readable copy of the Source |
| 38 | +Code of the Original Work along with each copy of the Original Work that |
| 39 | +Licensor distributes. Licensor reserves the right to satisfy this |
| 40 | +obligation by placing a machine-readable copy of the Source Code in an |
| 41 | +information repository reasonably calculated to permit inexpensive and |
| 42 | +convenient access by You for as long as Licensor continues to distribute |
| 43 | +the Original Work, and by publishing the address of that information |
| 44 | +repository in a notice immediately following the copyright notice that |
| 45 | +applies to the Original Work. |
| 46 | + |
| 47 | +4) *Exclusions From License Grant. *Neither the names of Licensor, nor |
| 48 | +the names of any contributors to the Original Work, nor any of their |
| 49 | +trademarks or service marks, may be used to endorse or promote products |
| 50 | +derived from this Original Work without express prior written permission |
| 51 | +of the Licensor. Nothing in this License shall be deemed to grant any |
| 52 | +rights to trademarks, copyrights, patents, trade secrets or any other |
| 53 | +intellectual property of Licensor except as expressly stated herein. No |
| 54 | +patent license is granted to make, use, sell or offer to sell |
| 55 | +embodiments of any patent claims other than the licensed claims defined |
| 56 | +in Section 2. No right is granted to the trademarks of Licensor even if |
| 57 | +such marks are included in the Original Work. Nothing in this License |
| 58 | +shall be interpreted to prohibit Licensor from licensing under different |
| 59 | +terms from this License any Original Work that Licensor otherwise would |
| 60 | +have a right to license. |
| 61 | + |
| 62 | +5) This section intentionally omitted. |
| 63 | + |
| 64 | +6) *Attribution Rights.* You must retain, in the Source Code of any |
| 65 | +Derivative Works that You create, all copyright, patent or trademark |
| 66 | +notices from the Source Code of the Original Work, as well as any |
| 67 | +notices of licensing and any descriptive text identified therein as an |
| 68 | +"Attribution Notice." You must cause the Source Code for any Derivative |
| 69 | +Works that You create to carry a prominent Attribution Notice reasonably |
| 70 | +calculated to inform recipients that You have modified the Original Work. |
| 71 | + |
| 72 | +7) *Warranty of Provenance and Disclaimer of Warranty.* Licensor |
| 73 | +warrants that the copyright in and to the Original Work and the patent |
| 74 | +rights granted herein by Licensor are owned by the Licensor or are |
| 75 | +sublicensed to You under the terms of this License with the permission |
| 76 | +of the contributor(s) of those copyrights and patent rights. Except as |
| 77 | +expressly stated in the immediately proceeding sentence, the Original |
| 78 | +Work is provided under this License on an "AS IS" BASIS and WITHOUT |
| 79 | +WARRANTY, either express or implied, including, without limitation, the |
| 80 | +warranties of NON-INFRINGEMENT, MERCHANTABILITY or FITNESS FOR A |
| 81 | +PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY OF THE ORIGINAL |
| 82 | +WORK IS WITH YOU. This DISCLAIMER OF WARRANTY constitutes an essential |
| 83 | +part of this License. No license to Original Work is granted hereunder |
| 84 | +except under this disclaimer. |
| 85 | + |
| 86 | +8) *Limitation of Liability.* Under no circumstances and under no legal |
| 87 | +theory, whether in tort (including negligence), contract, or otherwise, |
| 88 | +shall the Licensor be liable to any person for any direct, indirect, |
| 89 | +special, incidental, or consequential damages of any character arising |
| 90 | +as a result of this License or the use of the Original Work including, |
| 91 | +without limitation, damages for loss of goodwill, work stoppage, |
| 92 | +computer failure or malfunction, or any and all other commercial damages |
| 93 | +or losses. This limitation of liability shall not apply to liability for |
| 94 | +death or personal injury resulting from Licensor's negligence to the |
| 95 | +extent applicable law prohibits such limitation. Some jurisdictions do |
| 96 | +not allow the exclusion or limitation of incidental or consequential |
| 97 | +damages, so this exclusion and limitation may not apply to You. |
| 98 | + |
| 99 | +9) *Acceptance and Termination.* If You distribute copies of the |
| 100 | +Original Work or a Derivative Work, You must make a reasonable effort |
| 101 | +under the circumstances to obtain the express assent of recipients to |
| 102 | +the terms of this License. Nothing else but this License (or another |
| 103 | +written agreement between Licensor and You) grants You permission to |
| 104 | +create Derivative Works based upon the Original Work or to exercise any |
| 105 | +of the rights granted in Section 1 herein, and any attempt to do so |
| 106 | +except under the terms of this License (or another written agreement |
| 107 | +between Licensor and You) is expressly prohibited by U.S. copyright law, |
| 108 | +the equivalent laws of other countries, and by international treaty. |
| 109 | +Therefore, by exercising any of the rights granted to You in Section 1 |
| 110 | +herein, You indicate Your acceptance of this License and all of its |
| 111 | +terms and conditions. |
| 112 | + |
| 113 | +10) *Termination for Patent Action.* This License shall terminate |
| 114 | +automatically and You may no longer exercise any of the rights granted |
| 115 | +to You by this License as of the date You commence an action, including |
| 116 | +a cross-claim or counterclaim, for patent infringement (i) against |
| 117 | +Licensor with respect to a patent applicable to software or (ii) against |
| 118 | +any entity with respect to a patent applicable to the Original Work (but |
| 119 | +excluding combinations of the Original Work with other software or |
| 120 | +hardware). |
| 121 | + |
| 122 | +11) *Jurisdiction, Venue and Governing Law.* Any action or suit relating |
| 123 | +to this License may be brought only in the courts of a jurisdiction |
| 124 | +wherein the Licensor resides or in which Licensor conducts its primary |
| 125 | +business, and under the laws of that jurisdiction excluding its |
| 126 | +conflict-of-law provisions. The application of the United Nations |
| 127 | +Convention on Contracts for the International Sale of Goods is expressly |
| 128 | +excluded. Any use of the Original Work outside the scope of this License |
| 129 | +or after its termination shall be subject to the requirements and |
| 130 | +penalties of the U.S. Copyright Act, 17 U.S.C. � 101 et seq., the |
| 131 | +equivalent laws of other countries, and international treaty. This |
| 132 | +section shall survive the termination of this License. |
| 133 | + |
| 134 | +12) *Attorneys Fees.* In any action to enforce the terms of this License |
| 135 | +or seeking damages relating thereto, the prevailing party shall be |
| 136 | +entitled to recover its costs and expenses, including, without |
| 137 | +limitation, reasonable attorneys' fees and costs incurred in connection |
| 138 | +with such action, including any appeal of such action. This section |
| 139 | +shall survive the termination of this License. |
| 140 | + |
| 141 | +13) *Miscellaneous.* This License represents the complete agreement |
| 142 | +concerning the subject matter hereof. If any provision of this License |
| 143 | +is held to be unenforceable, such provision shall be reformed only to |
| 144 | +the extent necessary to make it enforceable. |
| 145 | + |
| 146 | +14) *Definition of "You" in This License.* "You" throughout this |
| 147 | +License, whether in upper or lower case, means an individual or a legal |
| 148 | +entity exercising rights under, and complying with all of the terms of, |
| 149 | +this License. For legal entities, "You" includes any entity that |
| 150 | +controls, is controlled by, or is under common control with you. For |
| 151 | +purposes of this definition, "control" means (i) the power, direct or |
| 152 | +indirect, to cause the direction or management of such entity, whether |
| 153 | +by contract or otherwise, or (ii) ownership of fifty percent (50%) or |
| 154 | +more of the outstanding shares, or (iii) beneficial ownership of such |
| 155 | +entity. |
| 156 | + |
| 157 | +15) *Right to Use.* You may use the Original Work in all ways not |
| 158 | +otherwise restricted or conditioned by this License or by law, and |
| 159 | +Licensor promises not to interfere with or be responsible for such uses |
| 160 | +by You. |
| 161 | + |
| 162 | +This license is Copyright (C) 2003 Lawrence E. Rosen. All rights |
| 163 | +reserved. Permission is hereby granted to copy and distribute this |
| 164 | +license without modification. This license may not be modified without |
| 165 | +the express written permission of its copyright owner. |
| 166 | + |
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