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First Works Appreciative License 1.2
First Works Appreciative License 1.2
Proprietary Free
Jonathan Michael Davis
  • Jonathan Michael Davis
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

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

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.