173 lines
9.4 KiB
Text
173 lines
9.4 KiB
Text
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
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of Your acceptance of the Frameworx Code Base or an Downstream Distribution
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(each 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 community.
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Our objective is to ensure that the Frameworx Code Base, and the source code
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for improvements and innovations to it, remain free and open to the community.To
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further these beliefs and objectives, we are distributing the Frameworx Code
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Base, without royalties and in source code form, to the community pursuant
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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,
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or depends for its intended functioning on, the Frameworx Code Base or any
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portion or element thereof and (ii) in which rights to use and distribute
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such 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 modifications
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to that software, including any associated documentation, interface definition
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files and compilation or installation scripts, or any version thereof that
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has been compressed or archived, and can be reconstituted, using an appropriate
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and generally available archival or compression 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 maintenance,
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configuration or versioning; or outsourced, hosted or network-based application
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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
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of 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,
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and no less favorable for any user (including, without limitation, with regard
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to 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
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of such Value-Added Services. In addition, the terms and conditions on which
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any such Value Added Services are so offered or provided shall be consistent
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with, 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
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to 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 distribution
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hereof are subject to the restrictions set forth therein.
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(iii) include all other copyright notices, authorship credits, warranty disclaimers
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(including that provided in Section 6 below), legends, documentation, annotations
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and comments contained in the Frameworx Code Base as provided to You hereunder;
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(iv) contain an unaltered copy of the html file named frameworx_community_invitation.html
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included within the Frameworx Code Base that acknowledges new users and provides
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them with information on the Frameworx 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
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Open 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,
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and such source code has been obtained either under The Frameworx Open License,
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or another license granted by The Frameworx Company. Use and distribution
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hereof is subject to the restrictions provided in the relevant such license
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and to the copyrights of the licensor thereunder. A copy of The Frameworx
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Open License is provided in a file named the_frameworx_license.txt and included
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herein, and may 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
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or agreement to the extent necessary so that each distributee under that Downstream
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Distribution will be subject to the same restrictions on re-distribution and
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use as are binding on You hereunder. You may satisfy this licensing requirement
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either by:
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(a) requiring as a condition to any Downstream Distribution made by you, or
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by any direct or indirect distributee of Your Downstream Distribution (or
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any 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 conditions
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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
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by 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 Company
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expressly retains all rights to take all appropriate action (including legal
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action) against any such direct or indirect sub-licensee to ensure its full
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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-INFRINGEMENT,
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ARE HEREBY DISCLAIMED. IN NO EVENT SHALL THE LICENSOR OF THIS SOFTWARE, BE
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LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
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DAMAGES INCLUDING (BUT NOT LIMITED TO) PROCUREMENT OF SUBSTITUTE GOODS OR
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SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER
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CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY
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OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE
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USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
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7. License Violation. The License, and all of your rights thereunder, shall
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be 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
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shall survive any such termination in order to remedy the effects of such
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violation. This License Agreement shall be binding on the legal successors
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and assigns of 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. (C) THE FRAMEWORX
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COMPANY 2003
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