source: appendices/ac-free-lic.xml@ 86af98a

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