licensing
Am I allowed to lowercase an ALL CAPS section in a license?
<p>Am I allowed to lowercase an ALL CAPS section in a license?</p>

<p>Example:</p>

<blockquote>
  <p>The MIT License (MIT)</p>
  
  <p>Copyright (c) 2015 Andrej Karpathy</p>
  
  <p>Permission is hereby granted, free of charge, to any person obtaining
  a copy of this software and associated documentation files (the
  "Software"), to deal in the Software without restriction, including
  without limitation the rights to use, copy, modify, merge, publish,
  distribute, sublicense, and/or sell copies of the Software, and to
  permit persons to whom the Software is furnished to do so, subject to
  the following conditions:</p>
  
  <p>The above copyright notice and this permission notice shall be
  included in all copies or substantial portions of the Software.</p>
  
  <p>THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
  EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
  MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
  IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY
  CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT,
  TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE
  SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.*</p>
</blockquote>

<p>I want to lowercase the last paragraph when I redistribute it:</p>

<blockquote>
  <p>The MIT License (MIT)</p>
  
  <p>Copyright (c) 2015 Andrej Karpathy</p>
  
  <p>Permission is hereby granted, free of charge, to any person obtaining
  a copy of this software and associated documentation files (the
  "Software"), to deal in the Software without restriction, including
  without limitation the rights to use, copy, modify, merge, publish,
  distribute, sublicense, and/or sell copies of the Software, and to
  permit persons to whom the Software is furnished to do so, subject to
  the following conditions:</p>
  
  <p>The above copyright notice and this permission notice shall be
  included in all copies or substantial portions of the Software.</p>
  
  <p>The software is provided "as is", without warranty of any kind,
  express or implied, including but not limited to the warranties of
  merchantability, fitness for a particular purpose and noninfringement.
  In no event shall the authors or copyright holders be liable for any
  claim, damages or other liability, whether in an action of contract,
  tort or otherwise, arising from, out of or in connection with the
  software or the use or other dealings in the software.*</p>
</blockquote>

<p>You need to do <em>something</em>, if you don't like all-caps. This is a response to the requirement to be "conspicuous", as required under <a href="https://www.law.cornell.edu/ucc/search/display.html?terms=conspicuous&amp;url=/ucc/2/article2.htm#s2-316" rel="noreferrer">UCC 2-316</a>, viz.</p>

<blockquote>
  <p>to exclude or modify the implied warranty of merchantability or any
  part of it the language must mention merchantability and in case of a
  writing <strong>must be conspicuous</strong>, and to exclude or modify any implied
  warranty of fitness the exclusion must be by a writing and
  conspicuous.</p>
</blockquote>

<p>YOU ARE NOT REQUIRED TO SHOUT since under <a href="https://www.law.cornell.edu/ucc/1/1-201" rel="noreferrer">UCC 1-201</a> "conspicuous" means</p>

<blockquote>
  <p>so written, displayed, or presented that a reasonable person against
  which it is to operate ought to have noticed it. Whether a term is
  "conspicuous" or not is a decision for the court. Conspicuous terms
  include the following: (A) a heading in capitals equal to or greater
  in size than the surrounding text, or in contrasting type, font, or
  color to the surrounding text of the same or lesser size; and (B)
  language in the body of a record or display in larger type than the
  surrounding text, or in contrasting type, font, or color to the
  surrounding text of the same size, or set off from surrounding text of
  the same size by symbols or other marks that call attention to the
  language</p>
</blockquote>

<p>There is a relevant case, <a href="https://law.resource.org/pub/us/case/reporter/F3/285/285.F3d.882.01-35058.01-35001.html" rel="noreferrer">American General Finance, Inc. v. Bassett, 285 F.3d 882</a>, which deals with a "clear and conspicious" requirement in another context, which "sees no reason to depart" from the UCC understanding.</p>
