Note: This license was obtained on April 6, 2009 from http://www.opensource-definition.org/licenses/afl-1.1.txt
Academic Free License
Version 1.1
The Academic Free 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: “Licensed under the Academic Free License version 1.1.”
Grant of License. Licensor hereby grants to any person obtaining a
copy of the Original Work (“You”) a world-wide, royalty-free,
non-exclusive, perpetual, non-sublicenseable license (1) to use, copy,
modify, merge, publish, perform, distribute and/or sell copies of the
Original Work and derivative works thereof, and (2) 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 thereof, subject
to the following conditions.
Right of Attribution. Redistributions of the Original Work must
reproduce all copyright notices in the Original Work as furnished by
the Licensor, both in the Original Work itself and in any
documentation and/or other materials provided with the distribution of
the Original Work in executable form.
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.
WARRANTY AND DISCLAIMERS. LICENSOR WARRANTS THAT THE COPYRIGHT IN AND
TO THE ORIGINAL WORK IS OWNED BY THE LICENSOR OR THAT THE ORIGINAL
WORK IS DISTRIBUTED BY LICENSOR UNDER A VALID CURRENT LICENSE FROM THE
COPYRIGHT OWNER. EXCEPT AS EXPRESSLY STATED IN THE IMMEDIATELY
PRECEEDING SENTENCE, THE ORIGINAL WORK IS PROVIDED UNDER THIS LICENSE
ON AN “AS IS” BASIS, WITHOUT WARRANTY, EITHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, THE WARRANTY OF NON-INFRINGEMENT AND
WARRANTIES THAT THE ORIGINAL WORK IS MERCHANTABLE OR FIT 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.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL
THEORY, WHETHER 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, EVEN IF SUCH PERSON SHALL HAVE BEEN INFORMED OF THE
POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT
APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH
PARTY’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.
License to Source Code. The term “Source Code” means the preferred
form of the Original Work for making modifications to it and all
available documentation describing how to access and 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.
Mutual 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 if You file a lawsuit in any court alleging
that any OSI Certified open source software that is licensed under any
license containing this “Mutual Termination for Patent Action” clause
infringes any patent claims that are essential to use that software.
This license is Copyright (C) 2002 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.
—
END OF LICENSE. The following is intended to describe the essential
differences between the Academic Free License (AFL) version 1.0 and
other open source licenses:
The Academic Free License is similar to the BSD, MIT, UoI/NCSA and
Apache licenses in many respects but it is intended to solve a few
problems with those licenses.
* The AFL is written so as to make it clear what software is being
licensed (by the inclusion of a statement following the copyright
notice in the software). This way, the license functions better
than a template license. The BSD, MIT and UoI/NCSA licenses apply
to unidentified software.
* The AFL contains a complete copyright grant to the software. The
BSD and Apache licenses are vague and incomplete in that respect.
* The AFL contains a complete patent grant to the software. The BSD,
MIT, UoI/NCSA and Apache licenses rely on an implied patent
license and contain no explicit patent grant.
* The AFL makes it clear that no trademark rights are granted to the
licensor’s trademarks. The Apache license contains such a
provision, but the BSD, MIT and UoI/NCSA licenses do not.
* The AFL includes the warranty by the licensor that it either owns
the copyright or that it is distributing the software under a
license. None of the other licenses contain that warranty. All
other warranties are disclaimed, as is the case for the other
licenses.
* The AFL is itself copyrighted (with the right granted to copy and
distribute without modification). This ensures that the owner of
the copyright to the license will control changes. The Apache
license contains a copyright notice, but the BSD, MIT and UoI/NCSA
licenses do not.