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1
2THE FRAMEWORX OPEN LICENSE 1.0
3This License Agreement, The Frameworx Open License 1.0, has been entered into
4between The Frameworx Company and you, the licensee hereunder, effective as of
5Your acceptance of the Frameworx Code Base or an Downstream Distribution (each
6as defined below).
7
8AGREEMENT BACKGROUND
9The Frameworx Company is committed to the belief that open source software
10results in better quality, greater technical and product innovation in the
11market place and a more empowered and productive developer and end-user
12community. Our objective is to ensure that the Frameworx Code Base, and the
13source code for improvements and innovations to it, remain free and open to the
14community.To further these beliefs and objectives, we are distributing the
15Frameworx Code Base, without royalties and in source code form, to the
16community pursuant to this License Agreement.
17
18AGREEMENT TERMS
19The Frameworx Company and You have agreed as follows:
201.Definitions.The following terms have the following respective meanings:
21
22(a) Frameworx Code Base means the software developed by The Frameworx Company
23and made available under this License Agreement
24
25(b) Downstream Distribution means any direct or indirect release, distribution
26or remote availability of software (i) that directly or indirectly contains, or
27depends for its intended functioning on, the Frameworx Code Base or any portion
28or element thereof and (ii) in which rights to use and distribute such
29Frameworx Code Base software depend, directly or indirectly, on the License
30provided in Section 2 below.
31
32(c) "Source Code" to any software means the preferred form for making
33modifications to that software, including any associated documentation,
34interface definition files and compilation or installation scripts, or any
35version thereof that has been compressed or archived, and can be reconstituted,
36using an appropriate and generally available archival or compression
37technology.
38
39(d) Value-Added Services means any commercial or fee-based software-related
40service, including without limitation: system or application development or
41consulting; technical or end-user support or training; distribution
42maintenance, configuration or versioning; or outsourced, hosted or network-
43based application services.
44
452. License Grant. Subject to the terms and conditions hereof, The Frameworx
46Company hereby grants You a non-exclusive license (the License), subject to
47third party intellectual property claims, and for no fee other than a nominal
48charge reflecting the costs of physical distribution, to:
49
50(a) use the Frameworx Code Base, in either Source Code or machine-readable
51form;
52
53(b) make modifications, additions and deletions to the content or structure of
54the Frameworx Code Base; or
55
56(c) create larger works or derivative works including the Frameworx Code Base
57or any portion or element thereof; and
58
59(d) release, distribute or make available, either generally or to any specific
60third-party, any of the foregoing in Source Code or binary form.
61
623. License Conditions. The grant of the License under Section 1 hereof, and
63your exercise of all rights in connection with this License Agreement, will
64remain subject to the following terms and conditions, as well as to the other
65provisions hereof:
66
67(a) Complete Source Code for any Downstream Distribution directly or indirectly
68made by You that contains, or depends for its intended functionality on, the
69Frameworx Code Base, or any portion or element thereof, shall be made freely
70available to all users thereof on terms and conditions no more restrictive, and
71no less favorable for any user (including, without limitation, with regard to
72Source Code availability and royalty-free use) than those terms and conditions
73provided in this License Agreement.
74
75(b) Any Value-Added Services that you offer or provide, directly or indirectly,
76in relation to any Downstream Distribution shall be offered and provided on
77commercial terms that are reasonably commensurate to the fair market value of
78such Value-Added Services. In addition, the terms and conditions on which any
79such Value Added Services are so offered or provided shall be consistent with,
80and shall fully support, the intent and purpose of this License Agreement.
81
82(c) All Downstream Distributions shall:
83
84(i) include all portions and elements of the Frameworx Code Base required to
85build the Source Code of such Downstream Distribution into a fully functional
86machine-executable system, or additional build scripts or comparable software
87necessary and sufficient for such purposes;
88
89(ii) include, in each file containing any portion or element of the Frameworx
90Code Base, the following identifying legend: This file contains software that
91has been made available under The Frameworx Open License 1.0. Use and
92distribution hereof are subject to the restrictions set forth therein.
93
94(iii) include all other copyright notices, authorship credits, warranty
95disclaimers (including that provided in Section 6 below), legends,
96documentation, annotations and comments contained in the Frameworx Code Base as
97provided to You hereunder;
98
99(iv) contain an unaltered copy of the html file named
100frameworx_community_invitation.html included within the Frameworx Code Base
101that acknowledges new users and provides them with information on the Frameworx
102Code Base community;
103
104(v) contain an unaltered copy of the text file named the_frameworx_license.txt
105included within the Frameworx Code Base that includes a text copy of the form
106of this License Agreement; and
107
108(vi) prominently display to any viewer or user of the Source Code of such Open
109Downstream Distribution, in the place and manner normally used for such
110displays, the following legend:
111
112Source code licensed under from The Frameworx Company is contained herein, and
113such source code has been obtained either under The Frameworx Open License, or
114another license granted by The Frameworx Company. Use and distribution hereof
115is subject to the restrictions provided in the relevant such license and to the
116copyrights of the licensor thereunder. A copy of The Frameworx Open License is
117provided in a file named the_frameworx_license.txt and included herein, and may
118also be available for inspection at http://www.frameworx.com.
119
1204. Restrictions on Open Downstream Distributions. Each Downstream Distribution
121made by You, and by any party directly or indirectly obtaining rights to the
122Frameworx Code Base through You, shall be made subject to a license grant or
123agreement to the extent necessary so that each distributee under that
124Downstream Distribution will be subject to the same restrictions on re-
125distribution and use as are binding on You hereunder. You may satisfy this
126licensing requirement either by:
127
128(a) requiring as a condition to any Downstream Distribution made by you, or by
129any direct or indirect distributee of Your Downstream Distribution (or any
130portion or element thereof), that each distributee under the relevant
131Downstream Distribution obtain a direct license (on the same terms and
132conditions as those in this License Agreement) from The Frameworx Company; or
133
134(b) sub-licensing all (and not less than all) of Your rights and obligations
135hereunder to that distributee, including (without limitation) Your obligation
136to require distributees to be bound by license restrictions as contemplated by
137this Section 4 above.
138
139The Frameworx Company hereby grants to you all rights to sub-license your
140rights hereunder as necessary to fully effect the intent and purpose of this
141Section 4 above, provided, however, that your rights and obligations hereunder
142shall be unaffected by any such sublicensing. In addition, The Frameworx
143Company expressly retains all rights to take all appropriate action (including
144legal action) against any such direct or indirect sub-licensee to ensure its
145full compliance with the intent and purposes of this License Agreement.
146
1475. Intellectual Property. Except as expressly provided herein, this License
148Agreement preserves and respects Your and The Frameworx Companys respective
149intellectual property rights, including, in the case of The Frameworx Company,
150its copyrights and patent rights relating to the Frameworx Code Base.
151
1526. Warranty Disclaimer. THE SOFTWARE LICENSED HEREUNDER IS PROVIDED ``AS IS.''
153ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
154WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-
155INFRINGEMENT, ARE HEREBY DISCLAIMED. IN NO EVENT SHALL THE LICENSOR OF THIS
156SOFTWARE, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY,
157OR CONSEQUENTIAL DAMAGES INCLUDING (BUT NOT LIMITED TO) PROCUREMENT OF
158SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS
159INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
160CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING
161IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY
162OF SUCH DAMAGE.
163
1647. License Violation. The License, and all of your rights thereunder, shall be
165deemed automatically terminated and void as of any Downstream Distribution
166directly or indirectly made or facilitated by You that violates the provisions
167of this License Agreement, provided, however, that this License Agreement shall
168survive any such termination in order to remedy the effects of such violation.
169This License Agreement shall be binding on the legal successors and assigns of
170the parties hereto.
171
172Your agreement to the foregoing as of the date hereof has been evidenced by
173your acceptance of the relevant software distribution hereunder.
174
175(C) THE FRAMEWORX COMPANY 2003
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