| 1 | Academic Free License ("AFL") v. 3.0 |
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| 2 | |
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| 3 | This Academic Free License (the "License") applies to any original work |
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| 4 | of authorship (the "Original Work") whose owner (the "Licensor") has |
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| 5 | placed the following licensing notice adjacent to the copyright notice |
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| 6 | for the Original Work: |
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| 7 | |
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| 8 | Licensed under the Academic Free License version 3.0 |
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| 9 | |
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| 10 | 1) Grant of Copyright License. Licensor grants You a worldwide, |
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| 11 | royalty-free, non-exclusive, sublicensable license, for the duration of |
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| 12 | the copyright, to do the following: |
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| 13 | |
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| 14 | a) to reproduce the Original Work in copies, either alone or as part of |
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| 15 | a collective work; |
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| 16 | |
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| 17 | b) to translate, adapt, alter, transform, modify, or arrange the Original |
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| 18 | Work, thereby creating derivative works ("Derivative Works") based upon |
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| 19 | the Original Work; |
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| 20 | |
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| 21 | c) to distribute or communicate copies of the Original Work and Derivative |
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| 22 | Works to the public, under any license of your choice that does not |
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| 23 | contradict the terms and conditions, including Licensor's reserved rights |
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| 24 | and remedies, in this Academic Free License; |
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| 25 | |
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| 26 | d) to perform the Original Work publicly; and |
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| 27 | |
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| 28 | e) to display the Original Work publicly. |
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| 29 | |
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| 30 | 2) Grant of Patent License. Licensor grants You a worldwide, royalty-free, |
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| 31 | non-exclusive, sublicensable license, under patent claims owned or |
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| 32 | controlled by the Licensor that are embodied in the Original Work as |
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| 33 | furnished by the Licensor, for the duration of the patents, to make, |
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| 34 | use, sell, offer for sale, have made, and import the Original Work and |
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| 35 | Derivative Works. |
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| 36 | |
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| 37 | 3) Grant of Source Code License. The term "Source Code" means the |
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| 38 | preferred form of the Original Work for making modifications to it |
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| 39 | and all available documentation describing how to modify the Original |
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| 40 | Work. Licensor agrees to provide a machine-readable copy of the Source |
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| 41 | Code of the Original Work along with each copy of the Original Work |
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| 42 | that Licensor distributes. Licensor reserves the right to satisfy this |
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| 43 | obligation by placing a machine-readable copy of the Source Code in an |
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| 44 | information repository reasonably calculated to permit inexpensive and |
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| 45 | convenient access by You for as long as Licensor continues to distribute |
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| 46 | the Original Work. |
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| 47 | |
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| 48 | 4) Exclusions From License Grant. Neither the names of Licensor's |
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| 49 | trademarks, copyrights, patents, trade secrets or any other intellectual |
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| 50 | property. No patent license is granted to make, use, sell, offer for |
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| 51 | sale, have made, or import embodiments of any patent claims other than |
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| 52 | the licensed claims defined in Section 2. No license is granted to the |
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| 53 | trademarks of Licensor even if such marks are included in the Original |
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| 54 | Work. Nothing in this License shall be interpreted to prohibit Licensor |
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| 55 | from licensing under terms different from this License any Original Work |
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| 56 | that Licensor otherwise would have a right to license. |
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| 57 | |
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| 58 | 5) External Deployment. The term "External Deployment" means the use, |
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| 59 | distribution, or communication of the Original Work or Derivative Works |
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| 60 | in any way such that the Original Work or Derivative Works may be used by |
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| 61 | anyone other than You, whether those works are distributed or communicated |
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| 62 | to those persons or made available as an application intended for use over |
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| 63 | a network. As an express condition for the grants of license hereunder, |
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| 64 | You must treat any External Deployment by You of the Original Work or |
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| 65 | a Derivative Work as a distribution under section 1(c). |
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| 66 | |
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| 67 | 6) Attribution Rights. You must retain, in the Source Code of any |
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| 68 | Derivative Works that You create, all copyright, patent, or trademark |
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| 69 | notices from the Source Code of the Original Work, as well as any |
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| 70 | notices of licensing and any descriptive text identified therein as an |
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| 71 | "Attribution Notice." You must cause the Source Code for any Derivative |
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| 72 | Works that You create to carry a prominent Attribution Notice reasonably |
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| 73 | calculated to inform recipients that You have modified the Original Work. |
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| 74 | |
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| 75 | 7) Warranty of Provenance and Disclaimer of Warranty. Licensor warrants |
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| 76 | that the copyright in and to the Original Work and the patent rights |
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| 77 | granted herein by Licensor are owned by the Licensor or are sublicensed |
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| 78 | to You under the terms of this License with the permission of the |
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| 79 | contributor(s) of those copyrights and patent rights. Except as |
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| 80 | expressly stated in the immediately preceding sentence, the Original |
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| 81 | Work is provided under this License on an "AS IS" BASIS and WITHOUT |
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| 82 | WARRANTY, either express or implied, including, without limitation, |
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| 83 | the warranties of non-infringement, merchantability or fitness for a |
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| 84 | particular purpose. THE ENTIRE RISK AS TO THE QUALITY OF THE ORIGINAL |
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| 85 | WORK IS WITH YOU. This DISCLAIMER OF WARRANTY constitutes an essential |
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| 86 | part of this License. No license to the Original Work is granted by this |
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| 87 | License except under this disclaimer. |
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| 88 | |
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| 89 | 8) Limitation of Liability. Under no circumstances and under no legal |
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| 90 | theory, whether in tort (including negligence), contract, or otherwise, |
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| 91 | shall the Licensor be liable to anyone for any indirect, special, |
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| 92 | incidental, or consequential damages of any character arising as a |
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| 93 | result of this License or the use of the Original Work including, without |
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| 94 | limitation, damages for loss of goodwill, work stoppage, computer failure |
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| 95 | or malfunction, or any and all other commercial damages or losses. This |
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| 96 | limitation of liability shall not apply to the extent applicable law |
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| 97 | prohibits such limitation. |
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| 98 | |
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| 99 | 9) Acceptance and Termination. If, at any time, You expressly assented to |
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| 100 | this License, that assent indicates your clear and irrevocable acceptance |
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| 101 | of this License and all of its terms and conditions. If You distribute or |
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| 102 | communicate copies of the Original Work or a Derivative Work, You must |
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| 103 | make a reasonable effort under the circumstances to obtain the express |
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| 104 | assent of recipients to the terms of this License. This License conditions |
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| 105 | your rights to undertake the activities listed in Section 1, including |
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| 106 | your right to create Derivative Works based upon the Original Work, |
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| 107 | and doing so without honoring these terms and conditions is prohibited |
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| 108 | by copyright law and international treaty. Nothing in this License |
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| 109 | is intended to affect copyright exceptions and limitations (including |
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| 110 | "fair use" or "fair dealing"). This license shall terminate immediately |
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| 111 | and You may no longer exercise any of the rights granted to You by this |
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| 112 | License upon your failure to honor the conditions in Section 1(c). |
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| 113 | |
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| 114 | 10) Termination for Patent Action. This License shall terminate |
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| 115 | automatically and You may no longer exercise any of the rights granted |
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| 116 | to You by this License as of the date You commence an action, including |
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| 117 | a cross-claim or counterclaim, against Licensor or any licensee alleging |
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| 118 | that the Original Work infringes a patent. This termination provision |
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| 119 | shall not apply for an action alleging patent infringement by combinations |
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| 120 | of the Original Work with other software or hardware. |
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| 121 | |
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| 122 | 11) Jurisdiction, Venue and Governing Law. Any action or suit relating to |
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| 123 | this License may be brought only in the courts of a jurisdiction wherein |
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| 124 | the Licensor resides or in which Licensor conducts its primary business, |
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| 125 | and under the laws of that jurisdiction excluding its conflict-of-law |
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| 126 | provisions. The application of the United Nations Convention on Contracts |
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| 127 | for the International Sale of Goods is expressly excluded. Any use of the |
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| 128 | Original Work outside the scope of this License or after its termination |
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| 129 | shall be subject to the requirements and penalties of copyright or |
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| 130 | patent law in the appropriate jurisdiction. This section shall survive |
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| 131 | the termination of this License. |
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| 132 | |
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| 133 | 12) Attorneys' Fees. In any action to enforce the terms of this License or |
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| 134 | seeking damages relating thereto, the prevailing party shall be entitled |
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| 135 | to recover its costs and expenses, including, without limitation, |
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| 136 | reasonable attorneys' fees and costs incurred in connection with such |
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| 137 | action, including any appeal of such action. This section shall survive |
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| 138 | the termination of this License. |
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| 139 | |
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| 140 | 13) Miscellaneous. If any provision of this License is held to be |
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| 141 | unenforceable, such provision shall be reformed only to the extent |
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| 142 | necessary to make it enforceable. |
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| 143 | |
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| 144 | 14) Definition of "You" in This License. "You" throughout this License, |
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| 145 | whether in upper or lower case, means an individual or a legal entity |
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| 146 | exercising rights under, and complying with all of the terms of, this |
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| 147 | License. For legal entities, "You" includes any entity that controls, |
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| 148 | is controlled by, or is under common control with you. For purposes of |
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| 149 | this definition, "control" means (i) the power, direct or indirect, to |
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| 150 | cause the direction or management of such entity, whether by contract |
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| 151 | or otherwise, or (ii) ownership of fifty percent (50%) or more of the |
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| 152 | outstanding shares, or (iii) beneficial ownership of such entity. |
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| 153 | |
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| 154 | 15) Right to Use. You may use the Original Work in all ways not otherwise |
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| 155 | restricted or conditioned by this License or by law, and Licensor promises |
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| 156 | not to interfere with or be responsible for such uses by You. |
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| 157 | |
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| 158 | 16) Modification of This License. This License is Copyright © |
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| 159 | 2005 Lawrence Rosen. Permission is granted to copy, distribute, or |
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| 160 | communicate this License without modification. Nothing in this License |
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| 161 | permits You to modify this License as applied to the Original Work or |
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| 162 | to Derivative Works. However, You may modify the text of this License |
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| 163 | and copy, distribute or communicate your modified version (the "Modified |
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| 164 | License") and apply it to other original works of authorship subject to |
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| 165 | the following conditions: (i) You may not indicate in any way that your |
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| 166 | Modified License is the "Academic Free License" or "AFL" and you may |
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| 167 | not use those names in the name of your Modified License; (ii) You must |
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| 168 | replace the notice specified in the first paragraph above with the notice |
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| 169 | "Licensed under <insert your license name here>" or with a notice of your |
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| 170 | own that is not confusingly similar to the notice in this License; and |
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| 171 | (iii) You may not claim that your original works are open source software |
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| 172 | unless your Modified License has been approved by Open Source Initiative |
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| 173 | (OSI) and You comply with its license review and certification process. |
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| 174 | |
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