First Works Appreciative License
Version 1.2
July 7, 2005
Copyright (c) 2005
Jonathan Michael Davis
All Rights Reserved
This First Works Appreciative License (the "License") applies to any original
work of authorship (the "Original Work") under whose owner (the "Licensor") has
included and clearly referenced this license as part of the Original work, or
has placed the following notice immediately following or accompanying the
copyright notice for the Original Work:
"Licensed under the First Works Appreciative License version 1.2"
The recipient and/or of Original Work (the "Licensee") is hereby granted this
License.
1) GRANT OF LICENSE. Licensor hereby grants to the Licensee a worldwide,
non-exclusive, perpetual license to exercise the following activities:
a) to reproduce the Original Work in its original state;
b) to prepare cooperative works in conjunction with the Original Work
that extend the functionality or usefulness of Original Work;
c) to modify the Original Work (the "Modified Work") for personal use
or limited distribution, with the provision that copies of the
Modified Work shall conform to the obligations set forth by the
sections of this license entitled Conditions Of Redistribution
(section 2) and Limitations Of Derivative Work (section 3);
d) to distribute copies of the Original Work and associated works to
the public, with the provision that copies of the Original Work
shall conform to the obligations set forth by the sections of this
license entitled Conditions Of Redistribution (section 2) and
Limitations Of Derivative Work (section 3);
e) to perform the Original Work publicly or privately;
f) to display the Original Work publicly or privately.
2) CONDITIONS OF REDISTRIBUTION. The grant of copyright license for
redistribution is limited to the following conditions:
a) Original authorship recognition shall be retained with all copies of
Original Work and Modified Work insomuch as was reflected by the
Original Work. Modified Work may assign new logos and other artwork
and designs to override Original Work, provided it does not negate
communication of original authorship or Licensor and identifies the
name and/or title of the Original Work.
b) Distribution of Original Work may not directly profit, including
profitable sale of the Original Work, without permission from the
Licensor, whether accompanied with this License or provided to
Licensee as a separate exchange of communication or agreement. This
limitation DOES NOT hinder Licensee from bundling Original Work with
other work of value for profit, provided that the bundle is not
identified, labeled, described, or otherwise marketed with the
bundled work being the primary product associated with the bundle.
c) Distribution of Modified Work may directly profit, including
profitable sale of the Modified Work, provided that the Licensee has
made a reasonable effort to obtain prior permission to perform the
work. Licensor reserves the right to deny permission if contacted.
However, the requirement of permission is dependent upon the
Licensor's accessibility, such as having a valid address. If the
Licensee can reasonably evidence that contact could not be made
with the Licensor to obtain permission within 60 days of reasonable
effort, obtainment of permission is not required, provided
subsection "d" is retained.
d) Distribution of Modified Work shall not be granted unless either:
1. The modifications are reasonably minor, and the product is
clearly identified as modified, but the product otherwise
retains all identifications of the Original Work, with the
original author and Licensor retained.
ii. The modifications are reasonably significant, and the
Modified Work has insignificant (less than 50%) dependence
upon the Original Work to maintain value or usefulness.
Ratio of dependence shall not be construed to assume
measurement based upon file size, lines of code, visual
exposure, or otherwise, but shall be measured fairly on a
case by case basis in a court of law or by a third party
mediator.
3) LIMITATIONS OF DERIVATIVE WORK. Source code is provided freely for personal
use on the local machine, and for modifying Original Work to create Modified
Work for use on a personal basis on a local machine, or to distribute
according to the Conditions of Redistribution (section 2). Source code may
also be used for business use, but not for commercial use except as outlined
in Conditions of Redistribution (section 2). Source code is also provided
for unlimited educational use, provided that the Licensee is or represents
an established educational organization, and original authorship notations
and recognitions are retained.
4) NO WARRANTY. Except as expressly set forth in this or any superseding
agreement, the Original Work is provided on an "as is" basis, without
warranties or conditions of any kind, either express or implied including,
without limitation, any warranties or conditions of title, non-infringement,
merchantability or fitness for a particular purpose. Each Recipient is
solely responsible for determining the appropriateness of using and
distributing the Original Work (or Modified Work) and assumes all risks
associated with its exercise of rights under this License, including but not
limited to the risks and costs of software errors, compliance with
applicable laws, damage to or loss of data, software or hardware, and
unavailability or interruption of operations.
5) DISCLAIMER OF LIABILITY. Except as expressly set forth in this or any
superseding agreement, neither Licensee nor Licensor, nor any contributors
to Modified Works, shall have any liability for any direct, indirect,
incidental, special, exemplary, or consequential damages (including without
limitation lost profits), however caused and on any theory of liability,
whether in contract, strict liability, or tort (including negligence or
otherwise) arising in any way out of the use or distribution of the Original
Work or the exercise of any rights granted hereunder, even if advised of
the possibility of such damages.