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Frameworx-1.0 9.4KB

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