Thomas A. Alspaugh
Academic Free License (AFL) v. 3.0
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Source: OSI text (2009Jul07)

The AFL and OSL licenses are identical except for their names and the underlined (in the original) portions of Section 1(c).

Words, repeated phrases.

¶1¶1ṣ1This 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:

¶2¶2ṣ1Licensed under the Academic Free License version 3.0

1) §1Grant of Copyright License. §1¶1§1¶1ṣ1Licensor grants You a worldwide, royalty-free, non-exclusive, sublicensable license, for the duration of the copyright, to do the following:

  1. a) ṣ1.ato reproduce the Original Work in copies, either alone or as part of a collective work;
  2. b) ṣ1.bto translate, adapt, alter, transform, modify, or arrange the Original Work, thereby creating derivative works (Derivative Works) based upon the Original Work;
  3. c) ṣ1.cto distribute or communicate copies of the Original Work and Derivative Works to the public, Different from OSL 3.0: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;
  4. d) ṣ1.dto perform the Original Work publicly; and
  5. e) ṣ1.eto display the Original Work publicly.

2) §2Grant of Patent License. §2¶1§2¶1ṣ1Licensor 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.

3) §3Grant of Source Code License. §3¶1§3¶1ṣ1The 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. §3¶1ṣ2Licensor 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. §3¶1ṣ3Licensor 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.

4) §4Exclusions From License Grant. §4¶1§4¶1ṣ1Neither 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. §4¶1ṣ2Except as expressly stated herein, nothing in this License grants any license to Licensor's trademarks, copyrights, patents, trade secrets or any other intellectual property. §4¶1ṣ3No 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. §4¶1ṣ4No license is granted to the trademarks of Licensor even if such marks are included in the Original Work. §4¶1ṣ5Nothing 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.

5) §5External Deployment. §5¶1§5¶1ṣ1The 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. §5¶1ṣ2As 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).

6) §6Attribution Rights. §6¶1§6¶1ṣ1You 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. §6¶1ṣ2You 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.

7) §7Warranty of Provenance and Disclaimer of Warranty. §7¶1§7¶1ṣ1Licensor 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. §7¶1ṣ2Except 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. §7¶1ṣ3THE ENTIRE RISK AS TO THE QUALITY OF THE ORIGINAL WORK IS WITH YOU. §7¶1ṣ4This DISCLAIMER OF WARRANTY constitutes an essential part of this License. §7¶1ṣ5No license to the Original Work is granted by this License except under this disclaimer.

8) §8Limitation of Liability. §8¶1§8¶1ṣ1Under 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. §8¶1ṣ2This limitation of liability shall not apply to the extent applicable law prohibits such limitation.

9) §9Acceptance and Termination. §9¶1§9¶1ṣ1If, 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. §9¶1ṣ2If 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. §9¶1ṣ3This 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. §9¶1ṣ4Nothing in this License is intended to affect copyright exceptions and limitations (including fair use or fair dealing). §9¶1ṣ5This 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).

10) §10Termination for Patent Action. §10¶1§10¶1ṣ1This 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. §10¶1ṣ2This termination provision shall not apply for an action alleging patent infringement by combinations of the Original Work with other software or hardware.

11) §11Jurisdiction, Venue and Governing Law. §11¶1§11¶1ṣ1Any 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. §11¶1ṣ2The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. §11¶1ṣ3Any 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. §11¶1ṣ4This section shall survive the termination of this License.

12) §12Attorneys' Fees. §12¶1§12¶1ṣ1In 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. §12¶1ṣ2This section shall survive the termination of this License.

13) §13Miscellaneous. §13¶1§13¶1ṣ1If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.

14) §14Definition of You in This License. §14¶1§14¶1ṣ1You 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. §14¶1ṣ2For legal entities, You includes any entity that controls, is controlled by, or is under common control with you. §14¶1ṣ3For purposes of this definition, control means

  1. (i) ṣ3.ithe power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or
  2. (ii) ṣ3.iiownership of fifty percent (50%) or more of the outstanding shares, or
  3. (iii) ṣ3.iiibeneficial ownership of such entity.

15) §15Right to Use. §15¶1§15¶1ṣ1You 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.

16) §16Modification of This License. §16¶1§16¶1ṣ1This License is Copyright © 2005 Lawrence Rosen. §16¶1ṣ2Permission is granted to copy, distribute, or communicate this License without modification. §16¶1ṣ3Nothing in this License permits You to modify this License as applied to the Original Work or to Derivative Works. §16¶1ṣ4However, 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:

  1. (i) ṣ4.iYou 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;
  2. (ii) ṣ4.iiYou must 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 own that is not confusingly similar to the notice in this License; and
  3. (iii) ṣ4.iiiYou 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.

§16¶2§16¶2ṣ1A brief explanation of this license is available.

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