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1 The Academic Free License
2 v. 2.1
4 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:
6 Licensed under the Academic Free License version 2.1
8 1) Grant of Copyright License. Licensor hereby grants You a
9 world-wide, royalty-free, non-exclusive, perpetual, sublicenseable
10 license to do the following:
12 a) to reproduce the Original Work in copies;
14 b) to prepare derivative works ("Derivative Works") based upon the Original Work;
16 c) to distribute copies of the Original Work and Derivative Works to the public;
18 d) to perform the Original Work publicly; and
20 e) to display the Original Work publicly.
22 2) Grant of Patent License. Licensor hereby grants You a world-wide,
23 royalty-free, non-exclusive, perpetual, sublicenseable license, under
24 patent claims owned or controlled by the Licensor that are embodied in
25 the Original Work as furnished by the Licensor, to make, use, sell and
26 offer for sale the Original Work and Derivative Works.
28 3) Grant of Source Code License. The term "Source Code" means the
29 preferred form of the Original Work for making modifications to it and
30 all available documentation describing how to modify the Original
31 Work. Licensor hereby agrees to provide a machine-readable copy of the
32 Source Code of the Original Work along with each copy of the Original
33 Work that Licensor distributes. Licensor reserves the right to satisfy
34 this obligation by placing a machine-readable copy of the Source Code
35 in an information repository reasonably calculated to permit
36 inexpensive and convenient access by You for as long as Licensor
37 continues to distribute the Original Work, and by publishing the
38 address of that information repository in a notice immediately
39 following the copyright notice that applies to the Original Work.
41 4) Exclusions From License Grant. Neither the names of Licensor, nor
42 the names of any contributors to the Original Work, nor any of their
43 trademarks or service marks, may be used to endorse or promote
44 products derived from this Original Work without express prior written
45 permission of the Licensor. Nothing in this License shall be deemed to
46 grant any rights to trademarks, copyrights, patents, trade secrets or
47 any other intellectual property of Licensor except as expressly stated
48 herein. No patent license is granted to make, use, sell or offer to
49 sell embodiments of any patent claims other than the licensed claims
50 defined in Section 2. No right is granted to the trademarks of
51 Licensor even if such marks are included in the Original Work. Nothing
52 in this License shall be interpreted to prohibit Licensor from
53 licensing under different terms from this License any Original Work
54 that Licensor otherwise would have a right to license.
56 5) This section intentionally omitted.
58 6) Attribution Rights. You must retain, in the Source Code of any
59 Derivative Works that You create, all copyright, patent or trademark
60 notices from the Source Code of the Original Work, as well as any
61 notices of licensing and any descriptive text identified therein as an
62 "Attribution Notice." You must cause the Source Code for any
63 Derivative Works that You create to carry a prominent Attribution
64 Notice reasonably calculated to inform recipients that You have
65 modified the Original Work.
67 7) Warranty of Provenance and Disclaimer of Warranty. Licensor
68 warrants that the copyright in and to the Original Work and the patent
69 rights granted herein by Licensor are owned by the Licensor or are
70 sublicensed to You under the terms of this License with the permission
71 of the contributor(s) of those copyrights and patent rights. Except as
72 expressly stated in the immediately proceeding sentence, the Original
73 Work is provided under this License on an "AS IS" BASIS and WITHOUT
74 WARRANTY, either express or implied, including, without limitation,
75 the warranties of NON-INFRINGEMENT, MERCHANTABILITY or FITNESS FOR A
76 PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY OF THE ORIGINAL
77 WORK IS WITH YOU. This DISCLAIMER OF WARRANTY constitutes an essential
78 part of this License. No license to Original Work is granted hereunder
79 except under this disclaimer.
81 8) Limitation of Liability. Under no circumstances and under no legal
82 theory, whether in tort (including negligence), contract, or
83 otherwise, shall the Licensor be liable to any person for any direct,
84 indirect, special, incidental, or consequential damages of any
85 character arising as a result of this License or the use of the
86 Original Work including, without limitation, damages for loss of
87 goodwill, work stoppage, computer failure or malfunction, or any and
88 all other commercial damages or losses. This limitation of liability
89 shall not apply to liability for death or personal injury resulting
90 from Licensor's negligence to the extent applicable law prohibits such
91 limitation. Some jurisdictions do not allow the exclusion or
92 limitation of incidental or consequential damages, so this exclusion
93 and limitation may not apply to You.
95 9) Acceptance and Termination. If You distribute copies of the
96 Original Work or a Derivative Work, You must make a reasonable effort
97 under the circumstances to obtain the express assent of recipients to
98 the terms of this License. Nothing else but this License (or another
99 written agreement between Licensor and You) grants You permission to
100 create Derivative Works based upon the Original Work or to exercise
101 any of the rights granted in Section 1 herein, and any attempt to do
102 so except under the terms of this License (or another written
103 agreement between Licensor and You) is expressly prohibited by
104 U.S. copyright law, the equivalent laws of other countries, and by
105 international treaty. Therefore, by exercising any of the rights
106 granted to You in Section 1 herein, You indicate Your acceptance of
107 this License and all of its terms and conditions.
109 10) Termination for Patent Action. This License shall terminate
110 automatically and You may no longer exercise any of the rights granted
111 to You by this License as of the date You commence an action,
112 including a cross-claim or counterclaim, against Licensor or any
113 licensee alleging that the Original Work infringes a patent. This
114 termination provision shall not apply for an action alleging patent
115 infringement by combinations of the Original Work with other software
116 or hardware.
118 11) Jurisdiction, Venue and Governing Law. Any action or suit relating
119 to this License may be brought only in the courts of a jurisdiction
120 wherein the Licensor resides or in which Licensor conducts its primary
121 business, and under the laws of that jurisdiction excluding its
122 conflict-of-law provisions. The application of the United Nations
123 Convention on Contracts for the International Sale of Goods is
124 expressly excluded. Any use of the Original Work outside the scope of
125 this License or after its termination shall be subject to the
126 requirements and penalties of the U.S. Copyright Act, 17 U.S.C. § 101
127 et seq., the equivalent laws of other countries, and international
128 treaty. This section shall survive the termination of this License.
130 12) Attorneys Fees. In any action to enforce the terms of this License
131 or seeking damages relating thereto, the prevailing party shall be
132 entitled to recover its costs and expenses, including, without
133 limitation, reasonable attorneys' fees and costs incurred in
134 connection with such action, including any appeal of such action. This
135 section shall survive the termination of this License.
137 13) Miscellaneous. This License represents the complete agreement
138 concerning the subject matter hereof. If any provision of this License
139 is held to be unenforceable, such provision shall be reformed only to
140 the extent necessary to make it enforceable.
142 14) Definition of "You" in This License. "You" throughout this
143 License, whether in upper or lower case, means an individual or a
144 legal entity exercising rights under, and complying with all of the
145 terms of, this License. For legal entities, "You" includes any entity
146 that controls, is controlled by, or is under common control with
147 you. For purposes of this definition, "control" means (i) the power,
148 direct or indirect, to cause the direction or management of such
149 entity, whether by contract or otherwise, or (ii) ownership of fifty
150 percent (50%) or more of the outstanding shares, or (iii) beneficial
151 ownership of such entity.
153 15) Right to Use. You may use the Original Work in all ways not
154 otherwise restricted or conditioned by this License or by law, and
155 Licensor promises not to interfere with or be responsible for such
156 uses by You.
158 This license is Copyright (C) 2003-2004 Lawrence E. Rosen. All rights
159 reserved. Permission is hereby granted to copy and distribute this
160 license without modification. This license may not be modified without
161 the express written permission of its copyright owner.
164 --
165 END OF ACADEMIC FREE LICENSE. The following is intended to describe the essential
166 differences between the Academic Free License (AFL) version 1.0 and other
167 open source licenses:
169 The Academic Free License is similar to the BSD, MIT, UoI/NCSA and Apache
170 licenses in many respects but it is intended to solve a few problems with
171 those licenses.
173 * The AFL is written so as to make it clear what software is being
174 licensed (by the inclusion of a statement following the copyright notice
175 in the software). This way, the license functions better than a template
176 license. The BSD, MIT and UoI/NCSA licenses apply to unidentified software.
178 * The AFL contains a complete copyright grant to the software. The BSD
179 and Apache licenses are vague and incomplete in that respect.
181 * The AFL contains a complete patent grant to the software. The BSD, MIT,
182 UoI/NCSA and Apache licenses rely on an implied patent license and contain
183 no explicit patent grant.
185 * The AFL makes it clear that no trademark rights are granted to the
186 licensor's trademarks. The Apache license contains such a provision, but the
187 BSD, MIT and UoI/NCSA licenses do not.
189 * The AFL includes the warranty by the licensor that it either owns the
190 copyright or that it is distributing the software under a license. None of
191 the other licenses contain that warranty. All other warranties are disclaimed,
192 as is the case for the other licenses.
194 * The AFL is itself copyrighted (with the right granted to copy and distribute
195 without modification). This ensures that the owner of the copyright to the
196 license will control changes. The Apache license contains a copyright notice,
197 but the BSD, MIT and UoI/NCSA licenses do not.