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commence an action, including a cross-claim or counterclaim, against Licensor or any
licensee alleging that the Original Work infringes a patent. This termination provision shall
not apply for an action alleging patent infringement by combinations of the Original Work
with other software or hardware.
11) Jurisdiction, Venue and Governing Law. Any 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. The application of the United Nations Convention on
Contracts for the International Sale of Goods is expressly excluded. Any use of the
Original Work outside the scope of this License or after its termination shall be subject to
the requirements and penalties of the U.S. Copyright Act, 17 U.S.C. § 101 et seq., the
equivalent laws of other countries, and international treaty. This section shall survive the
termination of this License.
12) Attorneys Fees. In 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. This section shall survive the
termination of this License.
13) Miscellaneous. This License represents the complete agreement concerning the
subject matter hereof. If 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) Definition of "You" in This License. "You" 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. 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 or
management of such entity, whether by contract or otherwise, or (ii) ownership of fifty
percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such
entity.
15) Right to Use. You 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.
This license is Copyright (C) 2003-2004 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 ACADEMIC FREE 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
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