Academic Free License ("AFL") v. 3.0
This Academic Free License (the "License") applies to
any original work of authorship (the "Original Work")
whose owner (the "Licensor") has placed the following
licensing notice adjacent to the copyright notice for
the Original Work:
Licensed under the Academic Free License version 3.0
- Grant of Copyright License. Licensor grants
You a worldwide, royalty-free, non-exclusive,
sublicensable license, for the duration of the
copyright, to do the following:
- to reproduce the Original Work in copies, either
alone or as part of a collective work;
- to translate, adapt, alter, transform, modify,
or arrange the Original Work, thereby creating
derivative works ("Derivative Works") based upon the
Original Work;
- to distribute or communicate copies of the
Original Work and Derivative Works to the public,
under any license of your choice that does not
contradict the terms and conditions, including
Licensor’s reserved rights and remedies, in this
Academic Free License;
- to perform the Original Work publicly; and
- to display the Original Work publicly.
- Grant of Patent License. Licensor grants
You a worldwide, royalty-free, non-exclusive,
sublicensable license, under patent claims owned or
controlled by the Licensor that are embodied in the
Original Work as furnished by the Licensor, for the
duration of the patents, to make, use, sell, offer for
sale, have made, and import the Original Work and
Derivative Works.
- 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 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.
- 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 permission of the Licensor. Except as
expressly stated herein, nothing in this License
grants any license to Licensor’s trademarks,
copyrights, patents, trade secrets or any other
intellectual property. No patent license is granted to
make, use, sell, offer for sale, have made, or import
embodiments of any patent claims other than the
licensed claims defined in Section 2. No license 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 terms different from this License
any Original Work that Licensor otherwise would have a
right to license.
- External Deployment. The term "External
Deployment" means the use, distribution, or
communication of the Original Work or Derivative Works
in any way such that the Original Work or Derivative
Works may be used by anyone other than You, whether
those works are distributed or communicated to those
persons or made available as an application intended
for use over a network. As an express condition for
the grants of license hereunder, You must treat any
External Deployment by You of the Original Work or a
Derivative Work as a distribution under section 1(c).
- 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.
- 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 preceding 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 the Original Work is granted by
this License except under this disclaimer.
- 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 anyone for any
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 the extent
applicable law prohibits such limitation.
- Acceptance and Termination. If, at any
time, You expressly assented to this License, that
assent indicates your clear and irrevocable acceptance
of this License and all of its terms and conditions.
If You distribute or communicate 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. This License conditions your rights to
undertake the activities listed in Section 1,
including your right to create Derivative Works based
upon the Original Work, and doing so without honoring
these terms and conditions is prohibited by copyright
law and international treaty. Nothing in this License
is intended to affect copyright exceptions and
limitations (including “fair use” or “fair
dealing”). This License shall terminate immediately
and You may no longer exercise any of the rights
granted to You by this License upon your failure to
honor the conditions in Section 1(c).
- 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.
- 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 copyright or patent law in the
appropriate jurisdiction. This section shall survive
the termination of this License.
- 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.
- Miscellaneous. 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.
- 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.
- 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.
- Modification of This License. This License
is Copyright © 2005 Lawrence Rosen. Permission is
granted to copy, distribute, or communicate this
License without modification. Nothing in this License
permits You to modify this License as applied to the
Original Work or to Derivative Works. However, You may
modify the text of this License and copy, distribute
or communicate your modified version (the "Modified
License") and apply it to other original works of
authorship subject to the following conditions: (i)
You may not indicate in any way that your Modified
License is the "Academic Free License" or "AFL" and
you may not use those names in the name of your
Modified License; (ii) You must replace the notice
specified in the first paragraph above with the notice
"Licensed under " or
with a notice of your own that is not confusingly
similar to the notice in this License; and (iii) You
may not claim that your original works are open source
software unless your Modified License has been
approved by Open Source Initiative (OSI) and You
comply with its license review and certification
process.