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LICENSE
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LICENSE
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The Academic Free License
v. 2.0
This Academic Free License (the "License") applies to any original work
of authorship (the "Original Work") whose owner (the "Licensor") has
placed the following notice immediately following the copyright notice
for the Original Work:
*Licensed under the Academic Free License version 2.0*
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, for patent infringement (i) against
Licensor with respect to a patent applicable to software or (ii) against
any entity with respect to a patent applicable to the Original Work (but
excluding 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 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.