Academic Free License (“AFL”) version 3 · 2012. 3. 15. · AFL/OSL 3.0 § 9 Acceptance and...

Copyright (C) Lawrence Rosen 2005. Licensed under the Open SoftwCopyright (C) Lawrence Rosen 2005. Licensed under the Open Software License version 3.0are License version 3.0

Academic Free License (Academic Free License (““AFLAFL””))version 3.0version 3.0

A A ““universal donoruniversal donor”” license.license.


Academic Free License (Academic Free License (““AFLAFL””))version 3.0version 3.0

This Academic Free License (the This Academic Free License (the "License""License") applies to any ) applies to any original work of authorship (the original work of authorship (the "Original Work""Original Work") whose ) whose owner (the owner (the "Licensor""Licensor") has placed the following licensing ) has placed the following licensing notice adjacent to the copyright notice for the Original Work:notice adjacent to the copyright notice for the Original Work:

Licensed under the Academic Free License version 3.0Licensed under the Academic Free License version 3.0


AFL 3.0 AFL 3.0 §§ 11Grant of Copyright License. Licensor grants You a worldwide, Licensor grants You a worldwide, royaltyroyalty--free, nonfree, non--exclusive, sublicensable license, for the duration exclusive, sublicensable license, for the duration of the copyright, to do the following: of the copyright, to do the following:

a) to reproduce the Original Work in copies, either alone or a) to reproduce the Original Work in copies, either alone or as part of a collective work; as part of a collective work;

b) to translate, adapt, alter, transform, modify, or arrange theb) to translate, adapt, alter, transform, modify, or arrange theOriginal Work, thereby creating derivative works (Original Work, thereby creating derivative works ("Derivative "Derivative Works"Works") based upon the Original Work; ) based upon the Original Work;

c) to distribute or communicate copies of the Original Work c) to distribute or communicate copies of the Original Work and Derivative Works to the public, and Derivative Works to the public, under any license of under any license of your choice that does not contradict the terms and your choice that does not contradict the terms and conditions, including Licensorconditions, including Licensor’’s reserved rights and s reserved rights and remedies, in this Academic Free Licenseremedies, in this Academic Free License; ;

d) to perform the Original Work publicly; and d) to perform the Original Work publicly; and e) to display the Original Work publicly.e) to display the Original Work publicly.


OSL 3.0 OSL 3.0 §§ 11Grant of Copyright License. Licensor grants You a worldwide, Licensor grants You a worldwide, royaltyroyalty--free, nonfree, non--exclusive, sublicensable license, for the duration exclusive, sublicensable license, for the duration of the copyright, to do the following: of the copyright, to do the following:

a) to reproduce the Original Work in copies, either alone or a) to reproduce the Original Work in copies, either alone or as part of a collective work; as part of a collective work;

b) to translate, adapt, alter, transform, modify, or arrange theb) to translate, adapt, alter, transform, modify, or arrange theOriginal Work, thereby creating derivative works (Original Work, thereby creating derivative works ("Derivative "Derivative Works"Works") based upon the Original Work; ) based upon the Original Work;

c) to distribute or communicate copies of the Original Work c) to distribute or communicate copies of the Original Work and Derivative Works to the public, and Derivative Works to the public, with the proviso that with the proviso that copies of Original Work or Derivative Works that You copies of Original Work or Derivative Works that You distribute or communicate shall be licensed under this Open distribute or communicate shall be licensed under this Open Software LicenseSoftware License; ;

d) to perform the Original Work publicly; and d) to perform the Original Work publicly; and e) to display the Original Work publicly.e) to display the Original Work publicly.


AFL/OSL 3.0 AFL/OSL 3.0 §§ 22Grant of Patent License. Licensor grants You a worldwide, Licensor grants You a worldwide, royaltyroyalty--free, nonfree, non--exclusive, sublicensable license, exclusive, sublicensable license, under patent claims owned or controlled by the Licensor that under patent claims owned or controlled by the Licensor that are embodied in the Original Work as furnished by the Licensor, are embodied in the Original Work as furnished by the Licensor, for the duration of the patents, to make, use, sell, offer for sfor the duration of the patents, to make, use, sell, offer for sale, ale, have made, and import the Original Work and Derivative Works. have made, and import the Original Work and Derivative Works.


AFL/OSL 3.0 AFL/OSL 3.0 §§ 33Licensor Grant of Source Code License. The term The term "Source Code""Source Code"means the preferred form of the Original Work for making means the preferred form of the Original Work for making modifications to it and all available documentation describing hmodifications to it and all available documentation describing how ow to modify the Original Work. Licensor agrees to provide a machinto modify the Original Work. Licensor agrees to provide a machinee--readable copy of the Source Code of the Original Work along withreadable copy of the Source Code of the Original Work along witheach copy of the Original Work that Licensor distributes. each copy of the Original Work that Licensor distributes. Licensor reserves the right to satisfy this obligation by placinLicensor reserves the right to satisfy this obligation by placing a g a machinemachine--readable copy of the Source Code in an information readable copy of the Source Code in an information repository reasonably calculated to permit inexpensive and repository reasonably calculated to permit inexpensive and convenient access by You for as long as Licensor continues to convenient access by You for as long as Licensor continues to distribute the Original Work. distribute the Original Work.


AFL/OSL 3.0 AFL/OSL 3.0 §§ 44Exclusions From License Grant. Neither the names of Licensor, Neither the names of Licensor, nor the names of any contributors to the Original Work, nor the names of any contributors to the Original Work, nor any of their trademarks or service marks, may be used to nor any of their trademarks or service marks, may be used to endorse or promote products derived from this Original Work endorse or promote products derived from this Original Work without express prior permission of the Licensor. Except as without express prior permission of the Licensor. Except as expressly stated herein, nothing in this License grants any liceexpressly stated herein, nothing in this License grants any license to nse to LicensorLicensor’’s trademarks, copyrights, patents, trade secrets or any s trademarks, copyrights, patents, trade secrets or any other intellectual property. No patent license is granted to makother intellectual property. No patent license is granted to make, e, use, sell, offer for sale, have made, or import embodiments of ause, sell, offer for sale, have made, or import embodiments of any ny patent claims other than the licensed claims defined in Section patent claims other than the licensed claims defined in Section 2. 2. No license is granted to the trademarks of Licensor even if suchNo license is granted to the trademarks of Licensor even if suchmarks are included in the Original Work. Nothing in this Licensemarks are included in the Original Work. Nothing in this Licenseshall be interpreted to prohibit Licensor from licensing under tshall be interpreted to prohibit Licensor from licensing under terms erms different from this License any Original Work that Licensor different from this License any Original Work that Licensor otherwise would have a right to license. otherwise would have a right to license.


AFL/OSL 3.0 AFL/OSL 3.0 §§ 1(c) compared1(c) comparedAFL AFL §§ 1(c): to distribute or communicate copies of the 1(c): to distribute or communicate copies of the Original Work and Derivative Works to the public, Original Work and Derivative Works to the public, under under any license of your choice that does not contradict the any license of your choice that does not contradict the terms and conditions, including Licensorterms and conditions, including Licensor’’s reserved s reserved rights and remedies, in this Academic Free Licenserights and remedies, in this Academic Free License;;

OSL OSL §§ 1(c): to distribute or communicate copies of the 1(c): to distribute or communicate copies of the Original Work and Derivative Works to the public, Original Work and Derivative Works to the public, with with the proviso that copies of Original Work or Derivative the proviso that copies of Original Work or Derivative Works that You distribute or communicate shall be Works that You distribute or communicate shall be licensed under this Open Software Licenselicensed under this Open Software License;;


AFL/OSL 3.0 AFL/OSL 3.0 §§ 55External Deployment. The term The term "External Deployment" means the means the use, distribution, or communication of the Original Work or use, distribution, or communication of the Original Work or Derivative Works in any way such that 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 Derivative Works may be used by anyone other than You, whether those works are distributed or communicated to those persons or those works are distributed or communicated to those persons or made available as an application intended for use over a networkmade available as an application intended for use over a network. . As an express condition for the grants of license hereunder, YouAs an express condition for the grants of license hereunder, Youmust treat any External Deployment by You of the Original Work must treat any External Deployment by You of the Original Work or a Derivative Work as a distribution under section 1(c). or a Derivative Work as a distribution under section 1(c).


AFL/OSL 3.0 AFL/OSL 3.0 §§ 66Attribution Rights. You must retain, in the Source Code of any You must retain, in the Source Code of any Derivative Works that You create, all copyright, patent, or Derivative Works that You create, all copyright, patent, or trademark notices from the Source Code of the Original Work, as trademark notices from the Source Code of the Original Work, as well as any notices of licensing and any descriptive text identiwell as any notices of licensing and any descriptive text identified fied therein as an therein as an "Attribution Notice."You must cause the Source Code for any Derivative Works that YouYou must cause the Source Code for any Derivative Works that Youcreate to carry a prominent Attribution Notice reasonably calculcreate to carry a prominent Attribution Notice reasonably calculated ated to inform recipients that You have modified the Original Work. to inform recipients that You have modified the Original Work.


AFL/OSL 3.0 AFL/OSL 3.0 §§ 77

Warranty of Provenance and Disclaimer of Warranty. Licensor Licensor warrants that the copyright in and to the Original Work and the warrants that the copyright in and to the Original Work and the patent rights granted herein by Licensor are owned by the Licenspatent rights granted herein by Licensor are owned by the Licensor or or are sublicensed to You under the terms of this License with tor are sublicensed to You under the terms of this License with the he permission of the permission of the contributor(scontributor(s) of those copyrights and patent ) of those copyrights and patent rights. rights. Except as expressly stated in the immediately preceding sentenceExcept as expressly stated in the immediately preceding sentence, , the Original Work is provided under this License on an "AS IS" the Original Work is provided under this License on an "AS IS" BASIS and WITHOUT WARRANTY, either express or implied, BASIS and WITHOUT WARRANTY, either express or implied, including, without limitation, the warranties of nonincluding, without limitation, the warranties of non--infringement, infringement, merchantability or fitness for a particular purpose. THE ENTIRE merchantability or fitness for a particular purpose. THE ENTIRE RISK AS TO THE QUALITY OF THE ORIGINAL WORK IS WITH YOU. RISK AS TO THE QUALITY OF THE ORIGINAL WORK IS WITH YOU. This DISCLAIMER OF WARRANTY constitutes an essential part of This DISCLAIMER OF WARRANTY constitutes an essential part of this License. this License. No license to the Original Work is granted by this License excepNo license to the Original Work is granted by this License except t under this disclaimer. under this disclaimer.


AFL/OSL 3.0 AFL/OSL 3.0 §§ 88Limitation of Liability. Under no circumstances and under no legal Under no circumstances and under no legal theory, whether in tort (including negligence), contract, or theory, whether in tort (including negligence), contract, or otherwise, shall the Licensor be liable to anyone for any indireotherwise, shall the Licensor be liable to anyone for any indirect, ct, special, incidental, or consequential damages of any character special, incidental, or consequential damages of any character arising as a result of this License or the use of the Original Warising as a result of this License or the use of the Original Work ork including, without limitation, damages for loss of goodwill, worincluding, without limitation, damages for loss of goodwill, work k stoppage, computer failure or malfunction, or any and all other stoppage, computer failure or malfunction, or any and all other commercial damages or losses. commercial damages or losses. This limitation of liability shall not apply to the extent appliThis limitation of liability shall not apply to the extent applicable law cable law prohibits such limitation. prohibits such limitation.


AFL/OSL 3.0 AFL/OSL 3.0 §§ 99Acceptance and Termination. If, at any time, You expressly If, at any time, You expressly assented to this License, that assent indicates your clear and assented to this License, that assent indicates your clear and irrevocable acceptance of this License and all of its terms and irrevocable acceptance of this License and all of its terms and conditions. If You distribute or communicate copies of the Origiconditions. If You distribute or communicate copies of the Original nal Work or a Derivative Work, You must make a reasonable effort Work or a Derivative Work, You must make a reasonable effort under the circumstances to obtain the express assent of recipienunder the circumstances to obtain the express assent of recipients ts to the terms of this License. This License conditions your rightto the terms of this License. This License conditions your rights to s to undertake the activities listed in Section 1, including your rigundertake the activities listed in Section 1, including your right to ht to create Derivative Works based upon the Original Work, and doing create Derivative Works based upon the Original Work, and doing so without honoring these terms and conditions is prohibited by so without honoring these terms and conditions is prohibited by copyright law and international treaty. Nothing in this License copyright law and international treaty. Nothing in this License is is intended to affect copyright exceptions and limitations (includiintended to affect copyright exceptions and limitations (including ng ““fair usefair use”” or or ““fair dealingfair dealing””). This License shall terminate ). This License shall terminate immediately and You may no longer exercise any of the rights immediately and You may no longer exercise any of the rights granted to You by this License upon your failure to honor the granted to You by this License upon your failure to honor the conditions in Section 1(c). conditions in Section 1(c).


AFL/OSL 3.0 AFL/OSL 3.0 §§ 1010Termination for Patent Action. This License shall terminate This License shall terminate automatically and You may no longer exercise any of the rights automatically and You may no longer exercise any of the rights granted to You by this License as of the date You commence an granted to You by this License as of the date You commence an action, including a crossaction, including a cross--claim or counterclaim, againstclaim or counterclaim, against Licensor or Licensor or any licensee alleging that the Original Work infringes a patent.any licensee alleging that the Original Work infringes a patent.This termination provision shall not apply for an action alleginThis termination provision shall not apply for an action alleging g patent infringement by combinations of the Original Work with patent infringement by combinations of the Original Work with other software or hardware. other software or hardware.


AFL/OSL 3.0 AFL/OSL 3.0 §§ 1111Jurisdiction, Venue and Governing Law. Any action or suit relating Any action or suit relating to this License may be brought only in the courts of a jurisdictto this License may be brought only in the courts of a jurisdiction ion wherein the Licensor resides or in which Licensor conducts its wherein the Licensor resides or in which Licensor conducts its primary business, and under the laws of that jurisdiction excludprimary business, and under the laws of that jurisdiction excluding ing its conflictits conflict--ofof--law provisions. law provisions. The application of the United Nations Convention on Contracts foThe application of the United Nations Convention on Contracts for r the International Sale of Goods is expressly excluded. the International Sale of Goods is expressly excluded. Any use of the Original Work outside the scope of this License oAny use of the Original Work outside the scope of this License or r after its termination shall be subject to the requirements and after its termination shall be subject to the requirements and penalties of copyright or patent law in the appropriate jurisdicpenalties of copyright or patent law in the appropriate jurisdiction. tion. This section shall survive the termination of this License. This section shall survive the termination of this License.


AFL/OSL 3.0 AFL/OSL 3.0 §§ 1212Attorneys’ Fees. In any action to enforce the terms of this License In any action to enforce the terms of this License or seeking damages relating thereto, the prevailing party shall or seeking damages relating thereto, the prevailing party shall be be entitled to recover its costs and expenses, including, without entitled to recover its costs and expenses, including, without limitation, reasonable attorneys' fees and costs incurred in limitation, reasonable attorneys' fees and costs incurred in connection with such action, including any appeal of such actionconnection with such action, including any appeal of such action. . This section shall survive the termination of this License. This section shall survive the termination of this License.


AFL/OSL 3.0 AFL/OSL 3.0 §§ 1313Miscellaneous. If any provision of this License is held to be If any provision of this License is held to be unenforceable, such provision shall be reformed only to the exteunenforceable, such provision shall be reformed only to the extent nt necessary to make it enforceable. necessary to make it enforceable.


AFL/OSL 3.0 AFL/OSL 3.0 §§ 1414Definition of "You" in This License. "You" throughout this License, "You" throughout this License, whether in upper or lower case, means an individual or a legal whether in upper or lower case, means an individual or a legal entity exercising rights under, and complying with all of the teentity exercising rights under, and complying with all of the terms rms of, this License. of, this License. For legal entities, "You" includes any entity that controls, is For legal entities, "You" includes any entity that controls, is controlled by, or is under common control with you. For purposescontrolled by, or is under common control with you. For purposes of of this definition, this definition, "control" means (i) the power, direct or indirect, to means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) contract or otherwise, or (ii) ownership of fifty percent (50%) or or more of the outstanding shares, or (iii) beneficial ownership ofmore of the outstanding shares, or (iii) beneficial ownership of such such entity. entity.


AFL/OSL 3.0 AFL/OSL 3.0 §§ 1515Right to Use. You may use the Original Work in all ways not You may use the Original Work in all ways not otherwise restricted or conditioned by this License or by law, aotherwise restricted or conditioned by this License or by law, and nd Licensor promises not to interfere with or be responsible for suLicensor promises not to interfere with or be responsible for such ch uses by You. uses by You.


AFL/OSL 3.0 AFL/OSL 3.0 §§ 1616Modification of This License. This License is Copyright This License is Copyright ©© 2005 2005 Lawrence Rosen. Permission is granted to copy, distribute, or Lawrence Rosen. Permission is granted to copy, distribute, or communicate this License without modification. Nothing in this communicate this License without modification. Nothing in this License permits You to modify this License as applied to the OriLicense permits You to modify this License as applied to the Original ginal Work or to Derivative Works. Work or to Derivative Works.


AFL/OSLAFL/OSL3.0 3.0 §§ 16 (cont.)16 (cont.)

However, You may modify the text of this License and copy, However, You may modify the text of this License and copy, distribute or communicate your modified version (the distribute or communicate your modified version (the "Modified "Modified License"License") and apply it to other original works of authorship ) and apply it to other original works of authorship subject to the following conditions:subject to the following conditions:

(i)(i) You may not indicate in any way that your Modified License is You may not indicate in any way that your Modified License is the ["Academic Free License" or "AFL"] ["Open Software the ["Academic Free License" or "AFL"] ["Open Software LicenseLicense““ or "OSL"] and you may not use those names in the or "OSL"] and you may not use those names in the name of your Modified License; name of your Modified License;

(ii) You must replace the notice specified in the first paragrap(ii) You must replace the notice specified in the first paragraph h above with the notice "Licensed under " or with a notice of your own that is not confusingly similar to the notice in this License; and confusingly similar to the notice in this License; and

(iii) You may not claim that your original works are open source(iii) You may not claim that your original works are open sourcesoftware unless your Modified License has been approved by software unless your Modified License has been approved by Open Source Initiative (OSI) and You comply with its license Open Source Initiative (OSI) and You comply with its license review and certification process.review and certification process.


Third Party Beneficiary #1Third Party Beneficiary #1

ThirdThird--Party Beneficiaries of a ContractParty Beneficiaries of a Contractby by AllParadoxAllParadoxThursday, December 23 2004 @ 07:48 AM EST Thursday, December 23 2004 @ 07:48 AM EST ““Groklaw'sGroklaw's AllParadoxAllParadox thought you might enjoy thought you might enjoy an explanation of a contract concept called an explanation of a contract concept called thirdthird--party beneficiaries. As you will see, it has a party beneficiaries. As you will see, it has a bearing on what the 1994 bearing on what the 1994 USLUSL--Regents of Regents of California Settlement AgreementCalifornia Settlement Agreement means to Linux means to Linux users. users. AllParadoxAllParadox is an attorney, now retired.is an attorney, now retired.””

http://www.groklaw.net/article.php?story=20041221062757984&query=beneficiary



In In MottashedMottashed v. Central & Pac. v. Central & Pac. ImprovImprov. Corp.,. Corp., 8 8 Cal.App.2d 256, 260Cal.App.2d 256, 260 [[47 P.2d 525],47 P.2d 525], the court the court states the rule: "The rule is well established that states the rule: "The rule is well established that in order to sustain such an action an intent to in order to sustain such an action an intent to make the obligation inure to the benefit of the make the obligation inure to the benefit of the third party must have been clearly manifested third party must have been clearly manifested by the contracting parties. [Citation.] It has by the contracting parties. [Citation.] It has frequently been held that where a contract frequently been held that where a contract incidentally benefits a third person but is not incidentally benefits a third person but is not expressly made for his benefit, he cannot expressly made for his benefit, he cannot recover thereon. [Citations.]"recover thereon. [Citations.]"



For a person other than a party to a contract to For a person other than a party to a contract to maintain a suit on the contract, it must be clear maintain a suit on the contract, it must be clear from the contract that it was made especially for from the contract that it was made especially for the benefit of that person as a third party the benefit of that person as a third party beneficiary, or that person must be a beneficiary, or that person must be a doneedoneebeneficiary of the contract, or a creditor of a beneficiary of the contract, or a creditor of a party to the contract.party to the contract.Right of third person to enforce contract Right of third person to enforce contract between others for his benefit, notes, between others for his benefit, notes, 81 A.L.R. 81 A.L.R. 12711271; ; 148 A.L.R. 359.148 A.L.R. 359. See also Cal.Jur.2d, See also Cal.Jur.2d, Contracts, Contracts, §§ 261 et seq.; 261 et seq.; Am.JurAm.Jur., Contracts, ., Contracts, §§274.274.



A concise statement of the law is found in the A concise statement of the law is found in the Restatement of Contracts, section 133Restatement of Contracts, section 133, where , where thirdthird--party beneficiaries are classified as follows:party beneficiaries are classified as follows:A person is a A person is a doneedonee beneficiarybeneficiary: "(a) ... if it : "(a) ... if it appears from the terms of the promise in view appears from the terms of the promise in view of the accompanying circumstances that the of the accompanying circumstances that the purpose of the purpose of the promiseepromisee in obtaining the in obtaining the promise of all or part of the performance thereof promise of all or part of the performance thereof is to make a gift to the beneficiary or to confer is to make a gift to the beneficiary or to confer upon him a right against the upon him a right against the promisorpromisor to some to some performance neither due nor supposed or performance neither due nor supposed or asserted to be due from the asserted to be due from the promiseepromisee to the to the beneficiary."beneficiary."



A person is a A person is a creditor beneficiarycreditor beneficiary: "(b) ... if no : "(b) ... if no purpose to make a gift appears from the terms purpose to make a gift appears from the terms of the promise in view of the accompanying of the promise in view of the accompanying circumstances and performance of the promise circumstances and performance of the promise will satisfy an actual or supposed or asserted will satisfy an actual or supposed or asserted duty of the duty of the promiseepromisee to the beneficiary, or a to the beneficiary, or a right of the beneficiary against the right of the beneficiary against the promiseepromiseewhich has been barred by the statute of which has been barred by the statute of limitations or by a discharge in bankruptcy, or limitations or by a discharge in bankruptcy, or which is unenforceable because of the Statute which is unenforceable because of the Statute of Frauds."of Frauds."



A person is an A person is an incidental beneficiaryincidental beneficiary: "(c) ... if : "(c) ... if neither the facts stated in Clause (a) nor those neither the facts stated in Clause (a) nor those stated in Clause (b) exist." stated in Clause (b) exist."



Plaintiff is only an incidental beneficiary of the Plaintiff is only an incidental beneficiary of the contract and as such cannot sue thereon to contract and as such cannot sue thereon to recover damages for breach of contract. recover damages for breach of contract.

Southern California Gas Co. v. ABC Const. Co.Southern California Gas Co. v. ABC Const. Co.204 Cal.App.2d 747, 752, 22 204 Cal.App.2d 747, 752, 22 Cal.RptrCal.Rptr. 540. 540(Cal.App.2.Dist.,1962) (Cal.App.2.Dist.,1962)


Software and Derivative WorksSoftware and Derivative Works

Q:Q: How can one architect software to avoid How can one architect software to avoid creating derivative works?creating derivative works?

6Philips Intellectual Property & Standards (IP&S) 15-02-2006

Product feature classification

Make Buy Open

Baseline• Expected by customer• No added value

Commodity• Customer doesn’t care• No added value

Differentiator• Reason to buy it• Provides added value

Linux kernel

Application

9Philips Intellectual Property & Standards (IP&S) 15-02-2006

ABISS system architecture

ABISSABISS

Application Library

Linux kernel ABISS

Scheduler

Daemon

Scheduler

DaemonPolicy 2

Policy 1Policy 1

Library

ABISS

Academic Free License (“AFL”) version 3 · 2012. 3. 15. · AFL/OSL 3.0 § 9 Acceptance and...

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Transcript of Academic Free License (“AFL”) version 3 · 2012. 3. 15. · AFL/OSL 3.0 § 9 Acceptance and...