source: appendices/ac-free-lic.xml@ 092d531

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<appendix id="AFL" xreflabel="Academic Free License v. 2.1">
  <?dbhtml filename="ac-free-lic.html" dir="appendices"?>

  <appendixinfo>
    <othername>$LastChangedBy$</othername>
    <date>$Date$</date>
  </appendixinfo>

  <title>Academic Free License v. 2.1</title>

  <para>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:</para>

  <blockquote>
    <para><emphasis>Licensed under the Academic Free License version
    2.1</emphasis></para>
  </blockquote>

  <orderedlist numeration='arabic'>

    <listitem>
      <para> Grant of Copyright License. Licensor hereby grants You a
      world-wide, royalty-free, non-exclusive, perpetual, sublicenseable license to
      do the following:</para>

      <itemizedlist spacing='compact'>
        <listitem>
          <para>to reproduce the Original Work in copies;</para>
        </listitem>
        <listitem>
          <para>to prepare derivative works ("Derivative Works") based upon
          the Original Work;</para>
        </listitem>
        <listitem>
          <para>to distribute copies of the Original Work and Derivative Works
          to the public;</para>
        </listitem>
        <listitem>
          <para>to perform the Original Work publicly; and</para>
        </listitem>
        <listitem>
          <para>to display the Original Work publicly. </para>
        </listitem>
      </itemizedlist>
    </listitem>

    <listitem>
      <para>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.</para>
    </listitem>

    <listitem>
      <para>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. </para>
    </listitem>

    <listitem>
      <para>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.</para>
    </listitem>

    <listitem>
      <para>This section intentionally omitted.</para>
    </listitem>

    <listitem>
      <para>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.</para>
    </listitem>

    <listitem>
      <para>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.</para>
    </listitem>

    <listitem>
      <para>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.
      </para>
    </listitem>

    <listitem>
      <para>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.</para>
    </listitem>

    <listitem>
      <para>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.</para>
    </listitem>

    <listitem>
      <para>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.</para>
    </listitem>

    <listitem>
      <para>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. </para>
    </listitem>

    <listitem>
      <para>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.</para>
    </listitem>

    <listitem>
      <para>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.</para>
    </listitem>

  </orderedlist>

  <para>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.</para>

</appendix>