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| 1 | |||
| 2 | THE FRAMEWORX OPEN LICENSE 1.0 | ||
| 3 | This License Agreement, The Frameworx Open License 1.0, has been entered into | ||
| 4 | between The Frameworx Company and you, the licensee hereunder, effective as of | ||
| 5 | Your acceptance of the Frameworx Code Base or an Downstream Distribution (each | ||
| 6 | as defined below). | ||
| 7 | |||
| 8 | AGREEMENT BACKGROUND | ||
| 9 | The Frameworx Company is committed to the belief that open source software | ||
| 10 | results in better quality, greater technical and product innovation in the | ||
| 11 | market place and a more empowered and productive developer and end-user | ||
| 12 | community. Our objective is to ensure that the Frameworx Code Base, and the | ||
| 13 | source code for improvements and innovations to it, remain free and open to the | ||
| 14 | community.To further these beliefs and objectives, we are distributing the | ||
| 15 | Frameworx Code Base, without royalties and in source code form, to the | ||
| 16 | community pursuant to this License Agreement. | ||
| 17 | |||
| 18 | AGREEMENT TERMS | ||
| 19 | The Frameworx Company and You have agreed as follows: | ||
| 20 | 1.Definitions.The following terms have the following respective meanings: | ||
| 21 | |||
| 22 | (a) Frameworx Code Base means the software developed by The Frameworx Company | ||
| 23 | and made available under this License Agreement | ||
| 24 | |||
| 25 | (b) Downstream Distribution means any direct or indirect release, distribution | ||
| 26 | or remote availability of software (i) that directly or indirectly contains, or | ||
| 27 | depends for its intended functioning on, the Frameworx Code Base or any portion | ||
| 28 | or element thereof and (ii) in which rights to use and distribute such | ||
| 29 | Frameworx Code Base software depend, directly or indirectly, on the License | ||
| 30 | provided in Section 2 below. | ||
| 31 | |||
| 32 | (c) "Source Code" to any software means the preferred form for making | ||
| 33 | modifications to that software, including any associated documentation, | ||
| 34 | interface definition files and compilation or installation scripts, or any | ||
| 35 | version thereof that has been compressed or archived, and can be reconstituted, | ||
| 36 | using an appropriate and generally available archival or compression | ||
| 37 | technology. | ||
| 38 | |||
| 39 | (d) Value-Added Services means any commercial or fee-based software-related | ||
| 40 | service, including without limitation: system or application development or | ||
| 41 | consulting; technical or end-user support or training; distribution | ||
| 42 | maintenance, configuration or versioning; or outsourced, hosted or network- | ||
| 43 | based application services. | ||
| 44 | |||
| 45 | 2. License Grant. Subject to the terms and conditions hereof, The Frameworx | ||
| 46 | Company hereby grants You a non-exclusive license (the License), subject to | ||
| 47 | third party intellectual property claims, and for no fee other than a nominal | ||
| 48 | charge reflecting the costs of physical distribution, to: | ||
| 49 | |||
| 50 | (a) use the Frameworx Code Base, in either Source Code or machine-readable | ||
| 51 | form; | ||
| 52 | |||
| 53 | (b) make modifications, additions and deletions to the content or structure of | ||
| 54 | the Frameworx Code Base; or | ||
| 55 | |||
| 56 | (c) create larger works or derivative works including the Frameworx Code Base | ||
| 57 | or any portion or element thereof; and | ||
| 58 | |||
| 59 | (d) release, distribute or make available, either generally or to any specific | ||
| 60 | third-party, any of the foregoing in Source Code or binary form. | ||
| 61 | |||
| 62 | 3. License Conditions. The grant of the License under Section 1 hereof, and | ||
| 63 | your exercise of all rights in connection with this License Agreement, will | ||
| 64 | remain subject to the following terms and conditions, as well as to the other | ||
| 65 | provisions hereof: | ||
| 66 | |||
| 67 | (a) Complete Source Code for any Downstream Distribution directly or indirectly | ||
| 68 | made by You that contains, or depends for its intended functionality on, the | ||
| 69 | Frameworx Code Base, or any portion or element thereof, shall be made freely | ||
| 70 | available to all users thereof on terms and conditions no more restrictive, and | ||
| 71 | no less favorable for any user (including, without limitation, with regard to | ||
| 72 | Source Code availability and royalty-free use) than those terms and conditions | ||
| 73 | provided in this License Agreement. | ||
| 74 | |||
| 75 | (b) Any Value-Added Services that you offer or provide, directly or indirectly, | ||
| 76 | in relation to any Downstream Distribution shall be offered and provided on | ||
| 77 | commercial terms that are reasonably commensurate to the fair market value of | ||
| 78 | such Value-Added Services. In addition, the terms and conditions on which any | ||
| 79 | such Value Added Services are so offered or provided shall be consistent with, | ||
| 80 | and 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 | ||
| 85 | build the Source Code of such Downstream Distribution into a fully functional | ||
| 86 | machine-executable system, or additional build scripts or comparable software | ||
| 87 | necessary and sufficient for such purposes; | ||
| 88 | |||
| 89 | (ii) include, in each file containing any portion or element of the Frameworx | ||
| 90 | Code Base, the following identifying legend: This file contains software that | ||
| 91 | has been made available under The Frameworx Open License 1.0. Use and | ||
| 92 | distribution hereof are subject to the restrictions set forth therein. | ||
| 93 | |||
| 94 | (iii) include all other copyright notices, authorship credits, warranty | ||
| 95 | disclaimers (including that provided in Section 6 below), legends, | ||
| 96 | documentation, annotations and comments contained in the Frameworx Code Base as | ||
| 97 | provided to You hereunder; | ||
| 98 | |||
| 99 | (iv) contain an unaltered copy of the html file named | ||
| 100 | frameworx_community_invitation.html included within the Frameworx Code Base | ||
| 101 | that acknowledges new users and provides them with information on the Frameworx | ||
| 102 | Code Base community; | ||
| 103 | |||
| 104 | (v) contain an unaltered copy of the text file named the_frameworx_license.txt | ||
| 105 | included within the Frameworx Code Base that includes a text copy of the form | ||
| 106 | of this License Agreement; and | ||
| 107 | |||
| 108 | (vi) prominently display to any viewer or user of the Source Code of such Open | ||
| 109 | Downstream Distribution, in the place and manner normally used for such | ||
| 110 | displays, the following legend: | ||
| 111 | |||
| 112 | Source code licensed under from The Frameworx Company is contained herein, and | ||
| 113 | such source code has been obtained either under The Frameworx Open License, or | ||
| 114 | another license granted by The Frameworx Company. Use and distribution hereof | ||
| 115 | is subject to the restrictions provided in the relevant such license and to the | ||
| 116 | copyrights of the licensor thereunder. A copy of The Frameworx Open License is | ||
| 117 | provided in a file named the_frameworx_license.txt and included herein, and may | ||
| 118 | also be available for inspection at http://www.frameworx.com. | ||
| 119 | |||
| 120 | 4. Restrictions on Open Downstream Distributions. Each Downstream Distribution | ||
| 121 | made by You, and by any party directly or indirectly obtaining rights to the | ||
| 122 | Frameworx Code Base through You, shall be made subject to a license grant or | ||
| 123 | agreement to the extent necessary so that each distributee under that | ||
| 124 | Downstream Distribution will be subject to the same restrictions on re- | ||
| 125 | distribution and use as are binding on You hereunder. You may satisfy this | ||
| 126 | licensing requirement either by: | ||
| 127 | |||
| 128 | (a) requiring as a condition to any Downstream Distribution made by you, or by | ||
| 129 | any direct or indirect distributee of Your Downstream Distribution (or any | ||
| 130 | portion or element thereof), that each distributee under the relevant | ||
| 131 | Downstream Distribution obtain a direct license (on the same terms and | ||
| 132 | conditions 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 | ||
| 135 | hereunder to that distributee, including (without limitation) Your obligation | ||
| 136 | to require distributees to be bound by license restrictions as contemplated by | ||
| 137 | this Section 4 above. | ||
| 138 | |||
| 139 | The Frameworx Company hereby grants to you all rights to sub-license your | ||
| 140 | rights hereunder as necessary to fully effect the intent and purpose of this | ||
| 141 | Section 4 above, provided, however, that your rights and obligations hereunder | ||
| 142 | shall be unaffected by any such sublicensing. In addition, The Frameworx | ||
| 143 | Company expressly retains all rights to take all appropriate action (including | ||
| 144 | legal action) against any such direct or indirect sub-licensee to ensure its | ||
| 145 | full compliance with the intent and purposes of this License Agreement. | ||
| 146 | |||
| 147 | 5. Intellectual Property. Except as expressly provided herein, this License | ||
| 148 | Agreement preserves and respects Your and The Frameworx Companys respective | ||
| 149 | intellectual property rights, including, in the case of The Frameworx Company, | ||
| 150 | its copyrights and patent rights relating to the Frameworx Code Base. | ||
| 151 | |||
| 152 | 6. Warranty Disclaimer. THE SOFTWARE LICENSED HEREUNDER IS PROVIDED ``AS IS.'' | ||
| 153 | ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED | ||
| 154 | WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- | ||
| 155 | INFRINGEMENT, ARE HEREBY DISCLAIMED. IN NO EVENT SHALL THE LICENSOR OF THIS | ||
| 156 | SOFTWARE, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, | ||
| 157 | OR CONSEQUENTIAL DAMAGES INCLUDING (BUT NOT LIMITED TO) PROCUREMENT OF | ||
| 158 | SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS | ||
| 159 | INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN | ||
| 160 | CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING | ||
| 161 | IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY | ||
| 162 | OF SUCH DAMAGE. | ||
| 163 | |||
| 164 | 7. License Violation. The License, and all of your rights thereunder, shall be | ||
| 165 | deemed automatically terminated and void as of any Downstream Distribution | ||
| 166 | directly or indirectly made or facilitated by You that violates the provisions | ||
| 167 | of this License Agreement, provided, however, that this License Agreement shall | ||
| 168 | survive any such termination in order to remedy the effects of such violation. | ||
| 169 | This License Agreement shall be binding on the legal successors and assigns of | ||
| 170 | the parties hereto. | ||
| 171 | |||
| 172 | Your agreement to the foregoing as of the date hereof has been evidenced by | ||
| 173 | your acceptance of the relevant software distribution hereunder. | ||
| 174 | |||
| 175 | (C) THE FRAMEWORX COMPANY 2003 | ||
| 176 | |||
| 177 | |||
| 178 | |||
| 179 | |||
| 180 | |||
| 181 | |||
