source: appendices/ac-free-lic.xml@ b26d107

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Last change on this file since b26d107 was b26d107, checked in by Bruce Dubbs <bdubbs@…>, 19 years ago

Updated license of book to

make compatible with OSI

git-svn-id: svn:// af4574ff-66df-0310-9fd7-8a98e5e911e0

  • Property mode set to 100644
File size: 9.8 KB
1<?xml version="1.0" encoding="ISO-8859-1"?>
2<!DOCTYPE appendix PUBLIC "-//OASIS//DTD DocBook XML V4.3//EN"
3 "" [
4 <!ENTITY % general-entities SYSTEM "../general.ent">
5 %general-entities;
8<appendix id="AFL" xreflabel="Academic Free License v. 2.1">
10<othername>$LastChangedBy: randy $</othername>
11<date>$Date: 2004-12-13 15:35:37 -0600 (Mon, 13 Dec 2004) $</date>
13<?dbhtml filename="ac-free-lic.html" dir="appendices"?>
14<title>Academic Free License v. 2.1</title>
16<para>This Academic Free License (the "License") applies to any original work of
17authorship (the "Original Work") whose owner (the "Licensor") has placed the
18following notice immediately following the copyright notice for the Original
21<blockquote><para><emphasis>Licensed under the Academic Free License version
24<orderedlist numeration='arabic'>
26<listitem><para> Grant of Copyright License. Licensor hereby grants You a
27world-wide, royalty-free, non-exclusive, perpetual, sublicenseable license to
28do the following:</para>
30 <itemizedlist spacing='compact'>
31 <listitem><para>to reproduce the Original Work in copies;</para></listitem>
32 <listitem><para>to prepare derivative works ("Derivative Works") based upon
33 the Original Work;</para></listitem>
34 <listitem><para>to distribute copies of the Original Work and Derivative Works
35 to the public;</para></listitem>
36 <listitem><para>to perform the Original Work publicly; and</para></listitem>
37 <listitem><para>to display the Original Work publicly. </para></listitem>
38 </itemizedlist>
41<listitem><para>Grant of Patent License. Licensor hereby grants You a
42world-wide, royalty-free, non-exclusive, perpetual, sublicenseable license,
43under patent claims owned or controlled by the Licensor that are embodied in
44the Original Work as furnished by the Licensor, to make, use, sell and offer
45for sale the Original Work and Derivative Works.</para></listitem>
47<listitem><para>Grant of Source Code License. The term "Source Code" means the
48preferred form of the Original Work for making modifications to it and all
49available documentation describing how to modify the Original Work. Licensor
50hereby agrees to provide a machine-readable copy of the Source Code of the
51Original Work along with each copy of the Original Work that Licensor
52distributes. Licensor reserves the right to satisfy this obligation by placing
53a machine-readable copy of the Source Code in an information repository
54reasonably calculated to permit inexpensive and convenient access by You for as
55long as Licensor continues to distribute the Original Work, and by publishing
56the address of that information repository in a notice immediately following
57the copyright notice that applies to the Original Work. </para></listitem>
59<listitem><para>Exclusions From License Grant. Neither the names of Licensor,
60nor the names of any contributors to the Original Work, nor any of their
61trademarks or service marks, may be used to endorse or promote products derived
62from this Original Work without express prior written permission of the
63Licensor. Nothing in this License shall be deemed to grant any rights to
64trademarks, copyrights, patents, trade secrets or any other intellectual
65property of Licensor except as expressly stated herein. No patent license is
66granted to make, use, sell or offer to sell embodiments of any patent claims
67other than the licensed claims defined in Section 2. No right is granted to the
68trademarks of Licensor even if such marks are included in the Original Work.
69Nothing in this License shall be interpreted to prohibit Licensor from
70licensing under different terms from this License any Original Work that
71Licensor otherwise would have a right to license.</para></listitem>
73<listitem><para>This section intentionally omitted.</para></listitem>
75<listitem><para>Attribution Rights. You must retain, in the Source Code of any
76Derivative Works that You create, all copyright, patent or trademark notices
77from the Source Code of the Original Work, as well as any notices of licensing
78and any descriptive text identified therein as an "Attribution Notice." You
79must cause the Source Code for any Derivative Works that You create to carry a
80prominent Attribution Notice reasonably calculated to inform recipients that
81You have modified the Original Work.</para></listitem>
83<listitem><para>Warranty of Provenance and Disclaimer of Warranty. Licensor
84warrants that the copyright in and to the Original Work and the patent rights
85granted herein by Licensor are owned by the Licensor or are sublicensed to You
86under the terms of this License with the permission of the contributor(s) of
87those copyrights and patent rights. Except as expressly stated in the
88immediately proceeding sentence, the Original Work is provided under this
89License on an "AS IS" BASIS and WITHOUT WARRANTY, either express or implied,
90including, without limitation, the warranties of NON-INFRINGEMENT,
93constitutes an essential part of this License. No license to Original Work is
94granted hereunder except under this disclaimer.</para></listitem>
96<listitem><para>Limitation of Liability. Under no circumstances and under no
97legal theory, whether in tort (including negligence), contract, or otherwise,
98shall the Licensor be liable to any person for any direct, indirect, special,
99incidental, or consequential damages of any character arising as a result of
100this License or the use of the Original Work including, without limitation,
101damages for loss of goodwill, work stoppage, computer failure or malfunction,
102or any and all other commercial damages or losses. This limitation of liability
103shall not apply to liability for death or personal injury resulting from
104Licensor's negligence to the extent applicable law prohibits such limitation.
105Some jurisdictions do not allow the exclusion or limitation of incidental or
106consequential damages, so this exclusion and limitation may not apply to You.
109<listitem><para>Acceptance and Termination. If You distribute copies of the
110Original Work or a Derivative Work, You must make a reasonable effort under the
111circumstances to obtain the express assent of recipients to the terms of this
112License. Nothing else but this License (or another written agreement between
113Licensor and You) grants You permission to create Derivative Works based upon
114the Original Work or to exercise any of the rights granted in Section 1 herein,
115and any attempt to do so except under the terms of this License (or another
116written agreement between Licensor and You) is expressly prohibited by U.S.
117copyright law, the equivalent laws of other countries, and by international
118treaty. Therefore, by exercising any of the rights granted to You in Section 1
119herein, You indicate Your acceptance of this License and all of its terms and
122<listitem><para>Termination for Patent Action. This License shall terminate
123automatically and You may no longer exercise any of the rights granted to You
124by this License as of the date You commence an action, including a cross-claim
125or counterclaim, against Licensor or any licensee alleging that the Original
126Work infringes a patent. This termination provision shall not apply for an
127action alleging patent infringement by combinations of the Original Work with
128other software or hardware.</para></listitem>
130<listitem><para>Jurisdiction, Venue and Governing Law. Any action or suit
131relating to this License may be brought only in the courts of a jurisdiction
132wherein the Licensor resides or in which Licensor conducts its primary
133business, and under the laws of that jurisdiction excluding its conflict-of-law
134provisions. The application of the United Nations Convention on Contracts for
135the International Sale of Goods is expressly excluded. Any use of the Original
136Work outside the scope of this License or after its termination shall be
137subject to the requirements and penalties of the U.S. Copyright Act, 17 U.S.C.
138§ 101 et seq., the equivalent laws of other countries, and international
139treaty. This section shall survive the termination of this
142<listitem><para>Attorneys Fees. In any action to enforce the terms of this
143License or seeking damages relating thereto, the prevailing party shall be
144entitled to recover its costs and expenses, including, without limitation,
145reasonable attorneys' fees and costs incurred in connection with such action,
146including any appeal of such action. This section shall survive the termination
147of this License. </para></listitem>
149<listitem><para>Definition of "You" in This License. "You" throughout this
150License, whether in upper or lower case, means an individual or a legal entity
151exercising rights under, and complying with all of the terms of, this License.
152For legal entities, "You" includes any entity that controls, is controlled by,
153or is under common control with you. For purposes of this definition, "control"
154means (i) the power, direct or indirect, to cause the direction or management
155of such entity, whether by contract or otherwise, or (ii) ownership of fifty
156percent (50%) or more of the outstanding shares, or (iii) beneficial ownership
157of such entity.</para></listitem>
159<listitem><para>Right to Use. You may use the Original Work in all ways not
160otherwise restricted or conditioned by this License or by law, and Licensor
161promises not to interfere with or be responsible for such uses by
166<para>This license is Copyright (C) 2003-2004 Lawrence E. Rosen. All rights
167reserved. Permission is hereby granted to copy and distribute this license
168without modification. This license may not be modified without the express
169written permission of its copyright owner.</para>
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