182 lines
9.4 KiB
Plaintext
182 lines
9.4 KiB
Plaintext
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THE FRAMEWORX OPEN LICENSE 1.0
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This License Agreement, The Frameworx Open License 1.0, has been entered into
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between The Frameworx Company and you, the licensee hereunder, effective as of
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Your acceptance of the Frameworx Code Base or an Downstream Distribution (each
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as defined below).
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AGREEMENT BACKGROUND
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The Frameworx Company is committed to the belief that open source software
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results in better quality, greater technical and product innovation in the
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market place and a more empowered and productive developer and end-user
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community. Our objective is to ensure that the Frameworx Code Base, and the
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source code for improvements and innovations to it, remain free and open to the
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community.To further these beliefs and objectives, we are distributing the
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Frameworx Code Base, without royalties and in source code form, to the
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community pursuant to this License Agreement.
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AGREEMENT TERMS
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The Frameworx Company and You have agreed as follows:
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1.Definitions.The following terms have the following respective meanings:
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(a) Frameworx Code Base means the software developed by The Frameworx Company
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and made available under this License Agreement
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(b) Downstream Distribution means any direct or indirect release, distribution
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or remote availability of software (i) that directly or indirectly contains, or
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depends for its intended functioning on, the Frameworx Code Base or any portion
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or element thereof and (ii) in which rights to use and distribute such
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Frameworx Code Base software depend, directly or indirectly, on the License
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provided in Section 2 below.
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(c) "Source Code" to any software means the preferred form for making
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modifications to that software, including any associated documentation,
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interface definition files and compilation or installation scripts, or any
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version thereof that has been compressed or archived, and can be reconstituted,
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using an appropriate and generally available archival or compression
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technology.
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(d) Value-Added Services means any commercial or fee-based software-related
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service, including without limitation: system or application development or
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consulting; technical or end-user support or training; distribution
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maintenance, configuration or versioning; or outsourced, hosted or network-
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based application services.
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2. License Grant. Subject to the terms and conditions hereof, The Frameworx
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Company hereby grants You a non-exclusive license (the License), subject to
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third party intellectual property claims, and for no fee other than a nominal
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charge reflecting the costs of physical distribution, to:
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(a) use the Frameworx Code Base, in either Source Code or machine-readable
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form;
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(b) make modifications, additions and deletions to the content or structure of
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the Frameworx Code Base; or
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(c) create larger works or derivative works including the Frameworx Code Base
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or any portion or element thereof; and
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(d) release, distribute or make available, either generally or to any specific
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third-party, any of the foregoing in Source Code or binary form.
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3. License Conditions. The grant of the License under Section 1 hereof, and
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your exercise of all rights in connection with this License Agreement, will
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remain subject to the following terms and conditions, as well as to the other
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provisions hereof:
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(a) Complete Source Code for any Downstream Distribution directly or indirectly
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made by You that contains, or depends for its intended functionality on, the
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Frameworx Code Base, or any portion or element thereof, shall be made freely
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available to all users thereof on terms and conditions no more restrictive, and
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no less favorable for any user (including, without limitation, with regard to
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Source Code availability and royalty-free use) than those terms and conditions
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provided in this License Agreement.
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(b) Any Value-Added Services that you offer or provide, directly or indirectly,
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in relation to any Downstream Distribution shall be offered and provided on
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commercial terms that are reasonably commensurate to the fair market value of
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such Value-Added Services. In addition, the terms and conditions on which any
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such Value Added Services are so offered or provided shall be consistent with,
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and shall fully support, the intent and purpose of this License Agreement.
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(c) All Downstream Distributions shall:
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(i) include all portions and elements of the Frameworx Code Base required to
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build the Source Code of such Downstream Distribution into a fully functional
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machine-executable system, or additional build scripts or comparable software
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necessary and sufficient for such purposes;
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(ii) include, in each file containing any portion or element of the Frameworx
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Code Base, the following identifying legend: This file contains software that
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has been made available under The Frameworx Open License 1.0. Use and
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distribution hereof are subject to the restrictions set forth therein.
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(iii) include all other copyright notices, authorship credits, warranty
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disclaimers (including that provided in Section 6 below), legends,
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documentation, annotations and comments contained in the Frameworx Code Base as
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provided to You hereunder;
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(iv) contain an unaltered copy of the html file named
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frameworx_community_invitation.html included within the Frameworx Code Base
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that acknowledges new users and provides them with information on the Frameworx
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Code Base community;
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(v) contain an unaltered copy of the text file named the_frameworx_license.txt
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included within the Frameworx Code Base that includes a text copy of the form
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of this License Agreement; and
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(vi) prominently display to any viewer or user of the Source Code of such Open
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Downstream Distribution, in the place and manner normally used for such
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displays, the following legend:
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Source code licensed under from The Frameworx Company is contained herein, and
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such source code has been obtained either under The Frameworx Open License, or
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another license granted by The Frameworx Company. Use and distribution hereof
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is subject to the restrictions provided in the relevant such license and to the
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copyrights of the licensor thereunder. A copy of The Frameworx Open License is
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provided in a file named the_frameworx_license.txt and included herein, and may
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also be available for inspection at http://www.frameworx.com.
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4. Restrictions on Open Downstream Distributions. Each Downstream Distribution
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made by You, and by any party directly or indirectly obtaining rights to the
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Frameworx Code Base through You, shall be made subject to a license grant or
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agreement to the extent necessary so that each distributee under that
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Downstream Distribution will be subject to the same restrictions on re-
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distribution and use as are binding on You hereunder. You may satisfy this
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licensing requirement either by:
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(a) requiring as a condition to any Downstream Distribution made by you, or by
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any direct or indirect distributee of Your Downstream Distribution (or any
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portion or element thereof), that each distributee under the relevant
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Downstream Distribution obtain a direct license (on the same terms and
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conditions as those in this License Agreement) from The Frameworx Company; or
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(b) sub-licensing all (and not less than all) of Your rights and obligations
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hereunder to that distributee, including (without limitation) Your obligation
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to require distributees to be bound by license restrictions as contemplated by
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this Section 4 above.
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The Frameworx Company hereby grants to you all rights to sub-license your
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rights hereunder as necessary to fully effect the intent and purpose of this
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Section 4 above, provided, however, that your rights and obligations hereunder
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shall be unaffected by any such sublicensing. In addition, The Frameworx
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Company expressly retains all rights to take all appropriate action (including
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legal action) against any such direct or indirect sub-licensee to ensure its
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full compliance with the intent and purposes of this License Agreement.
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5. Intellectual Property. Except as expressly provided herein, this License
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Agreement preserves and respects Your and The Frameworx Companys respective
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intellectual property rights, including, in the case of The Frameworx Company,
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its copyrights and patent rights relating to the Frameworx Code Base.
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6. Warranty Disclaimer. THE SOFTWARE LICENSED HEREUNDER IS PROVIDED ``AS IS.''
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ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
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WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-
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INFRINGEMENT, ARE HEREBY DISCLAIMED. IN NO EVENT SHALL THE LICENSOR OF THIS
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SOFTWARE, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY,
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OR CONSEQUENTIAL DAMAGES INCLUDING (BUT NOT LIMITED TO) PROCUREMENT OF
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SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS
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INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
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CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING
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IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY
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OF SUCH DAMAGE.
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7. License Violation. The License, and all of your rights thereunder, shall be
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deemed automatically terminated and void as of any Downstream Distribution
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directly or indirectly made or facilitated by You that violates the provisions
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of this License Agreement, provided, however, that this License Agreement shall
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survive any such termination in order to remedy the effects of such violation.
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This License Agreement shall be binding on the legal successors and assigns of
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the parties hereto.
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Your agreement to the foregoing as of the date hereof has been evidenced by
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your acceptance of the relevant software distribution hereunder.
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(C) THE FRAMEWORX COMPANY 2003
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