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The Academic Free License |
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v.2.1 This Academic Free License (the "License") applies to any original work |
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of authorship (the "Original Work") whose owner (the "Licensor") has placed |
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the following notice immediately following the copyright notice for the Original |
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Work: |
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Licensed under the Academic Free License version 2.1 |
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1) Grant of Copyright License. Licensor hereby grants You a world-wide, royalty-free, |
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non-exclusive, perpetual, sublicenseable license to do the following: |
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a) to reproduce the Original Work in copies; |
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b) to prepare derivative works ("Derivative Works") based upon the Original |
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Work; |
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c) to distribute copies of the Original Work and Derivative Works to the public; |
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d) to perform the Original Work publicly; and |
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e) to display the Original Work publicly. |
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2) Grant of Patent License. Licensor hereby grants You a world-wide, royalty-free, |
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non-exclusive, perpetual, sublicenseable license, under patent claims owned |
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or controlled by the Licensor that are embodied in the Original Work as furnished |
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by the Licensor, to make, use, sell and offer for sale the Original Work and |
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Derivative Works. |
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3) Grant of Source Code License. The term "Source Code" means the preferred |
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form of the Original Work for making modifications to it and all available |
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documentation describing how to modify the Original Work. Licensor hereby |
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agrees to provide a machine-readable copy of the Source Code of the Original |
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Work along with each copy of the Original Work that Licensor distributes. |
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Licensor reserves the right to satisfy this obligation by placing a machine-readable |
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copy of the Source Code in an information repository reasonably calculated |
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to permit inexpensive and convenient access by You for as long as Licensor |
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continues to distribute the Original Work, and by publishing the address of |
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that information repository in a notice immediately following the copyright |
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notice that applies to the Original Work. |
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4) Exclusions From License Grant. Neither the names of Licensor, nor the names |
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of any contributors to the Original Work, nor any of their trademarks or service |
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marks, may be used to endorse or promote products derived from this Original |
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Work without express prior written permission of the Licensor. Nothing in |
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this License shall be deemed to grant any rights to trademarks, copyrights, |
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patents, trade secrets or any other intellectual property of Licensor except |
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as expressly stated herein. No patent license is granted to make, use, sell |
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or offer to sell embodiments of any patent claims other than the licensed |
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claims defined in Section 2. No right is granted to the trademarks of Licensor |
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even if such marks are included in the Original Work. Nothing in this License |
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shall be interpreted to prohibit Licensor from licensing under different terms |
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from this License any Original Work that Licensor otherwise would have a right |
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to license. |
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5) This section intentionally omitted. |
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6) Attribution Rights. You must retain, in the Source Code of any Derivative |
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Works that You create, all copyright, patent or trademark notices from the |
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Source Code of the Original Work, as well as any notices of licensing and |
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any descriptive text identified therein as an "Attribution Notice." You must |
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cause the Source Code for any Derivative Works that You create to carry a |
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prominent Attribution Notice reasonably calculated to inform recipients that |
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You have modified the Original Work. |
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7) Warranty of Provenance and Disclaimer of Warranty. Licensor warrants that |
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the copyright in and to the Original Work and the patent rights granted herein |
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by Licensor are owned by the Licensor or are sublicensed to You under the |
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terms of this License with the permission of the contributor(s) of those copyrights |
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and patent rights. Except as expressly stated in the immediately proceeding |
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sentence, the Original Work is provided under this License on an "AS IS" BASIS |
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and WITHOUT WARRANTY, either express or implied, including, without limitation, |
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the warranties of NON-INFRINGEMENT, MERCHANTABILITY or FITNESS FOR A PARTICULAR |
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PURPOSE. THE ENTIRE RISK AS TO THE QUALITY OF THE ORIGINAL WORK IS WITH YOU. |
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This DISCLAIMER OF WARRANTY constitutes an essential part of this License. |
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No license to Original Work is granted hereunder except under this disclaimer. |
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8) Limitation of Liability. Under no circumstances and under no legal theory, |
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whether in tort (including negligence), contract, or otherwise, shall the |
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Licensor be liable to any person for any direct, indirect, special, incidental, |
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or consequential damages of any character arising as a result of this License |
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or the use of the Original Work including, without limitation, damages for |
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loss of goodwill, work stoppage, computer failure or malfunction, or any and |
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all other commercial damages or losses. This limitation of liability shall |
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not apply to liability for death or personal injury resulting from Licensor's |
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negligence to the extent applicable law prohibits such limitation. Some jurisdictions |
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do not allow the exclusion or limitation of incidental or consequential damages, |
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so this exclusion and limitation may not apply to You. |
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9) Acceptance and Termination. If You distribute copies of the Original Work |
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or a Derivative Work, You must make a reasonable effort under the circumstances |
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to obtain the express assent of recipients to the terms of this License. Nothing |
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else but this License (or another written agreement between Licensor and You) |
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grants You permission to create Derivative Works based upon the Original Work |
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or to exercise any of the rights granted in Section 1 herein, and any attempt |
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to do so except under the terms of this License (or another written agreement |
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between Licensor and You) is expressly prohibited by U.S. copyright law, the |
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equivalent laws of other countries, and by international treaty. Therefore, |
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by exercising any of the rights granted to You in Section 1 herein, You indicate |
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Your acceptance of this License and all of its terms and conditions. |
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|
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10) Termination for Patent Action. This License shall terminate automatically |
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and You may no longer exercise any of the rights granted to You by this License |
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as of the date You commence an action, including a cross-claim or counterclaim, |
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against Licensor or any licensee alleging that the Original Work infringes |
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a patent. This termination provision shall not apply for an action alleging |
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patent infringement by combinations of the Original Work with other software |
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or hardware. |
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11) Jurisdiction, Venue and Governing Law. Any action or suit relating to |
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this License may be brought only in the courts of a jurisdiction wherein the |
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Licensor resides or in which Licensor conducts its primary business, and under |
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the laws of that jurisdiction excluding its conflict-of-law provisions. The |
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application of the United Nations Convention on Contracts for the International |
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Sale of Goods is expressly excluded. Any use of the Original Work outside |
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the scope of this License or after its termination shall be subject to the |
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requirements and penalties of the U.S. Copyright Act, 17 U.S.C. § 101 et seq., |
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the equivalent laws of other countries, and international treaty. This section |
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shall survive the termination of this License. |
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12) Attorneys Fees. In any action to enforce the terms of this License or |
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seeking damages relating thereto, the prevailing party shall be entitled to |
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recover its costs and expenses, including, without limitation, reasonable |
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attorneys' fees and costs incurred in connection with such action, including |
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any appeal of such action. This section shall survive the termination of this |
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License. |
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13) Miscellaneous. This License represents the complete agreement concerning |
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the subject matter hereof. If any provision of this License is held to be |
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unenforceable, such provision shall be reformed only to the extent necessary |
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to make it enforceable. |
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14) Definition of "You" in This License. "You" throughout this License, whether |
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in upper or lower case, means an individual or a legal entity exercising rights |
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under, and complying with all of the terms of, this License. For legal entities, |
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"You" includes any entity that controls, is controlled by, or is under common |
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control with you. For purposes of this definition, "control" means (i) the |
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power, direct or indirect, to cause the direction or management of such entity, |
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whether by contract or otherwise, or (ii) ownership of fifty percent (50%) |
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or more of the outstanding shares, or (iii) beneficial ownership of such entity. |
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15) Right to Use. You may use the Original Work in all ways not otherwise |
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restricted or conditioned by this License or by law, and Licensor promises |
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not to interfere with or be responsible for such uses by You. |
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This license is Copyright (C) 2003-2004 Lawrence E. Rosen. All rights reserved. |
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Permission is hereby granted to copy and distribute this license without modification. |
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This license may not be modified without the express written permission of |
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its copyright owner. |
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