The Academic Free License is a variant of the Open Software License that does not require that the source code of derivative works be disclosed. It contains explicit copyright and patent grants and reserves trademark rights in the author.
Academic Free License (“AFL”) v. 3.0This Academic Free License (the "License") applies to any original work ofauthorship (the "Original Work") whose owner (the "Licensor") has placed thefollowing licensing notice adjacent to the copyright notice for the OriginalWork:Licensed under the Academic Free License version 3.01) Grant of Copyright License. Licensor grants You a worldwide, royalty-free,non-exclusive, sublicensable license, for the duration of the copyright, to dothe following:a) to reproduce the Original Work in copies, either alone or as part of acollective work;b) to translate, adapt, alter, transform, modify, or arrange the OriginalWork, thereby creating derivative works ("Derivative Works") based uponthe Original Work;c) to distribute or communicate copies of the Original Work andDerivative Works to the public, under any license of your choice thatdoes not contradict the terms and conditions, including Licensor’sreserved rights and remedies, in this Academic Free License;d) to perform the Original Work publicly; ande) to display the Original Work publicly.2) Grant of Patent License. Licensor grants You a worldwide, royalty-free,non-exclusive, sublicensable license, under patent claims owned or controlledby the Licensor that are embodied in the Original Work as furnished by theLicensor, for the duration of the patents, to make, use, sell, offer for sale,have made, and import the Original Work and Derivative Works.3) Grant of Source Code License. The term "Source Code" means the preferredform of the Original Work for making modifications to it and all availabledocumentation describing how to modify the Original Work. Licensor agrees toprovide a machine-readable copy of the Source Code of the Original Work alongwith each copy of the Original Work that Licensor distributes. Licensorreserves the right to satisfy this obligation by placing a machine-readablecopy of the Source Code in an information repository reasonably calculated topermit inexpensive and convenient access by You for as long as Licensorcontinues to distribute the Original Work.4) Exclusions From License Grant. Neither the names of Licensor, nor the namesof any contributors to the Original Work, nor any of their trademarks orservice marks, may be used to endorse or promote products derived from thisOriginal Work without express prior permission of the Licensor. Except asexpressly stated herein, nothing in this License grants any license toLicensor’s trademarks, copyrights, patents, trade secrets or any otherintellectual property. No patent license is granted to make, use, sell, offerfor sale, have made, or import embodiments of any patent claims other than thelicensed claims defined in Section 2. No license is granted to the trademarksof Licensor even if such marks are included in the Original Work. Nothing inthis License shall be interpreted to prohibit Licensor from licensing underterms different from this License any Original Work that Licensor otherwisewould have a right to license.5) External Deployment. The term "External Deployment" means the use,distribution, or communication of the Original Work or Derivative Works in anyway such that the Original Work or Derivative Works may be used by anyoneother than You, whether those works are distributed or communicated to thosepersons or made available as an application intended for use over a network.As an express condition for the grants of license hereunder, You must treatany External Deployment by You of the Original Work or a Derivative Work as adistribution under section 1(c).6) Attribution Rights. You must retain, in the Source Code of any DerivativeWorks that You create, all copyright, patent, or trademark notices from theSource Code of the Original Work, as well as any notices of licensing and anydescriptive text identified therein as an "Attribution Notice." You must causethe Source Code for any Derivative Works that You create to carry a prominentAttribution Notice reasonably calculated to inform recipients that You havemodified the Original Work.7) Warranty of Provenance and Disclaimer of Warranty. Licensor warrants thatthe copyright in and to the Original Work and the patent rights granted hereinby Licensor are owned by the Licensor or are sublicensed to You under theterms of this License with the permission of the contributor(s) of thosecopyrights and patent rights. Except as expressly stated in the immediatelypreceding sentence, the Original Work is provided under this License on an "ASIS" BASIS and WITHOUT WARRANTY, either express or implied, including, withoutlimitation, the warranties of non-infringement, merchantability or fitness fora particular purpose. THE ENTIRE RISK AS TO THE QUALITY OF THE ORIGINAL WORKIS WITH YOU. This DISCLAIMER OF WARRANTY constitutes an essential part of thisLicense. No license to the Original Work is granted by this License exceptunder this disclaimer.8) Limitation of Liability. Under no circumstances and under no legal theory,whether in tort (including negligence), contract, or otherwise, shall theLicensor be liable to anyone for any indirect, special, incidental, orconsequential damages of any character arising as a result of this License orthe use of the Original Work including, without limitation, damages for lossof goodwill, work stoppage, computer failure or malfunction, or any and allother commercial damages or losses. This limitation of liability shall notapply to the extent applicable law prohibits such limitation.9) Acceptance and Termination. If, at any time, You expressly assented to thisLicense, that assent indicates your clear and irrevocable acceptance of thisLicense and all of its terms and conditions. If You distribute or communicatecopies of the Original Work or a Derivative Work, You must make a reasonableeffort under the circumstances to obtain the express assent of recipients tothe terms of this License. This License conditions your rights to undertakethe activities listed in Section 1, including your right to create DerivativeWorks based upon the Original Work, and doing so without honoring these termsand conditions is prohibited by copyright law and international treaty.Nothing in this License is intended to affect copyright exceptions andlimitations (including “fair use” or “fair dealing”). This License shallterminate immediately and You may no longer exercise any of the rights grantedto You by this License upon your failure to honor the conditions in Section1(c).10) Termination for Patent Action. This License shall terminate automaticallyand You may no longer exercise any of the rights granted to You by thisLicense as of the date You commence an action, including a cross-claim orcounterclaim, against Licensor or any licensee alleging that the Original Workinfringes a patent. This termination provision shall not apply for an actionalleging patent infringement by combinations of the Original Work with othersoftware or hardware.11) Jurisdiction, Venue and Governing Law. Any action or suit relating to thisLicense may be brought only in the courts of a jurisdiction wherein theLicensor resides or in which Licensor conducts its primary business, and underthe laws of that jurisdiction excluding its conflict-of-law provisions. Theapplication of the United Nations Convention on Contracts for theInternational Sale of Goods is expressly excluded. Any use of the OriginalWork outside the scope of this License or after its termination shall besubject to the requirements and penalties of copyright or patent law in theappropriate jurisdiction. This section shall survive the termination of thisLicense.12) Attorneys’ Fees. In any action to enforce the terms of this License orseeking damages relating thereto, the prevailing party shall be entitled torecover its costs and expenses, including, without limitation, reasonableattorneys' fees and costs incurred in connection with such action, includingany appeal of such action. This section shall survive the termination of thisLicense.13) Miscellaneous. If any provision of this License is held to beunenforceable, such provision shall be reformed only to the extent necessaryto make it enforceable.14) Definition of "You" in This License. "You" throughout this License,whether in upper or lower case, means an individual or a legal entityexercising 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 ormanagement of such entity, whether by contract or otherwise, or (ii) ownershipof fifty percent (50%) or more of the outstanding shares, or (iii) beneficialownership of such entity.15) Right to Use. You may use the Original Work in all ways not otherwiserestricted or conditioned by this License or by law, and Licensor promises notto interfere with or be responsible for such uses by You.16) Modification of This License. This License is Copyright © 2005 LawrenceRosen. Permission is granted to copy, distribute, or communicate this Licensewithout modification. Nothing in this License permits You to modify thisLicense as applied to the Original Work or to Derivative Works. However, Youmay modify the text of this License and copy, distribute or communicate yourmodified version (the "Modified License") and apply it to other original worksof authorship subject to the following conditions: (i) You may not indicate inany way that your Modified License is the "Academic Free License" or "AFL" andyou may not use those names in the name of your Modified License; (ii) Youmust replace the notice specified in the first paragraph above with the notice"Licensed under <insert your license name here>" or with a notice of your ownthat is not confusingly similar to the notice in this License; and (iii) Youmay not claim that your original works are open source software unless yourModified License has been approved by Open Source Initiative (OSI) and Youcomply with its license review and certification process.