2006-12-10 06:05:15 +00:00
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The Metasploit Framework License v1.2
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Copyright (C) 2006 METASPLOIT.COM
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This License governs your use of the Software and any accompanying
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materials distributed with this License. You must accept the terms of
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this License before using the Software. If you are an individual working
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for a company, you represent and warrant that you have all necessary
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authority to bind your company to the terms and conditions of this License.
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If you do not agree to the terms of this License, you are not granted any
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rights whatsoever in the Software or Documentation. If you are not
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willing to be bound by these terms and conditions, do not download the
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Software.
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Definitions
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a. "License" means this particular version of this document (or, where
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specifically indicated, a successor iteration of this License officially
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issued by the Developer).
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b. "Software" means any software that is distributed under the terms of
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this License, in both object code and source code.
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c. "Enhancement" means any bug fix, error correction, patch, or other
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addition to the Software that are independent of the Software and do not
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require modification of the Software of the Software itself.
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d. "Extension" means any external software program or library that
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interfaces with the Software and does not [reproduce or require
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modification of the Software itself]. "Extension" includes any module or
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plug-in that is intended (by design and coding) to, or can, be
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dynamically loaded by the Software.
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e. "Developer" means the then-current copyright holder(s) of the Software,
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including, but not limited to, the Metasploit personnel and any
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third-party contributors (or their successor(s) or transferee(s)).
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f. "Documentation" means any and all end user, technical/programmer,
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network administrator, or other manuals, tutorials, or code samples
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provided or offered by Developer with the Software, excluding those items
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created by someone other than the Developer.
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g. "Use" means to download, install, access, copy, execute, sell, or
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otherwise benefit from the Software (directly or indirectly, with or
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without notice or knowledge of the Software's incorporation or
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utilization in any larger application or product).
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h. "You" means the individual or organization that is using the Software
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under the License.
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i. "Interface" means to execute, parse, or otherwise benefit from the use
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of the Software.
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License Grant and Restrictions
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1. Provided that You agree to, and do, comply with all terms and
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conditions in this License, You are granted the non-exclusive rights
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specified in this License. Your Use of any of the Software in any form
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and to any extent signifies acceptance of this License. If You do not
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agree to all of these terms and conditions, then do not use the Software
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and immediately remove all copies of the Software, the Documentation, and
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any other items provided under the License.
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2. Subject to the terms and conditions of this License, Developer hereby
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grants You a worldwide, royalty-free, non-exclusive license to reproduce,
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publicly display, and publicly perform the Software.
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3. The license granted in Section 2 is expressly made subject to and
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limited by the following restrictions:
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a. You may only distribute, publicly display, and publicly perform
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unmodified Software. Without limiting the foregoing, You agree to
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maintain (and not supplement, remove, or modify) the same copyright,
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trademark notices and disclaimers in the exact wording as released by
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Developer.
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b. You may only distribute the Software free from any charge beyond the
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reasonable costs of data transfer or storage media. You may -not- (i)
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sell, lease, rent, or otherwise charge for the Software, (ii) include any
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component or subset of the Software in any commercial application or
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product, or (iii) sell, lease, rent, or otherwise charge for any
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appliance (i.e., hardware, peripheral, personal digital device, or other
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electronic product) that includes any component or subset of the
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Software.
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4. You may develop Enhancements to the Software and distribute Your
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Enhancements, provided that You agree to each of the following
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restrictions on this distribution:
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a. Enhancements may not modify, supplement, or obscure the user interface
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or output of the Software such that the title of the Software, the
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copyrights and trademark notices in the Software, or the licensing terms
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of the Software are removed, hidden, or made less likely to be discovered
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or read.
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b. If you release any Enhancement to the Software, You agree to
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distribute the Enhancement under the terms of this License (or any other
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later-issued license(s) of Developer for the Software). Upon such
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release, You hereby grant and agree to grant a non-exclusive royalty-free
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right, to both (i) Developer and (ii) any of Developer's later licensees,
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owners, contributors, agents or business partners, to distribute Your
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Enhancement(s) with future versions of the Software provided that such
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versions remain available under the terms of this License (or any other
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later-adopted license(s) of Developer).
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5. You may develop Extensions to the Software and distribute these
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Extensions under any license You see fit, for commercial sale or license
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or for non-commercial use, so long as -each- of the following conditions
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are met:
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a. The Extension, when installed with the Software, must -not- modify any
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of the behavior (e.g., change the display, modify the available commands,
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etc.) of the Software until the user explicitly requests (e.g., by
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invoking or exercising a command or feature are a screen display or other
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express notification of the new code's existence and function) that the
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Extension should be activated.
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b. The Extension may programmatically execute (e.g., call a method) code
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provided by this Software, but may not include or create copies of the
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Software (modified or otherwise) in the Extension itself.
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c. The Extension may not modify, supplement, or obscure the user interface
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or output of the Software such that the title of the Software, the
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copyrights and trademark notices in the Software, or the licensing terms
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of the Software are removed, hidden, or made less likely to be discovered
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or read.
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6. If you develop external software components that interface with the
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Software, you may only distribute these components if (a) the external
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software component clearly indicates to the user, via the user interface
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and/or program output, both (i) the role of the Software in the component
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and (ii) where the user may obtain a copy of the Software and (b) the
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external software components do not modify, supplement, or obscure the
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user interface or output of the Software such that the title of the
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Software, the copyrights and trademark notices in the Software, or the
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licensing terms of the Software are removed, hidden, or made less likely
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to be discovered or read.
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Online Updates
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The Software includes the ability to download updates (i.e., additional
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code) from Developer's server(s). These updates may contain bug fixes,
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new functionality, updated Documentation, and/or Extensions. When
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retrieving these updates, the Software may transmit the Software version
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and operating system information from Your computer to the update server.
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The server may record (store) this information, in conjunction with the
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IP (global Internet Protocol) address of the user, in order to attempt to
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maintain accurate end user and version statistics. By using the online
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update feature, You hereby agree to allow this information to be
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transmitted, recorded, and stored in any nation by or for Developer.
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Proper Use
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As an express condition of this License, You agree that You will use the
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Software -solely- in compliance with all then-applicable local, state,
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national, and international laws, rules and regulations as may be amended
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or supplemented from time to time, including any then-current laws and/or
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regulations regarding the transmission and/or encryption of technical
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data exported from or imported into Your country of residence. Violation
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of any of the foregoing will result in immediate, automatic termination
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of this License without notice, and may subject You to state, national
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and/or international penalties and other legal consequences.
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Intellectual Property Ownership
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The Software is licensed, not sold. Developer retains exclusive ownership
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of all worldwide copyrights, trade secrets, patents, and all other
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intellectual property rights throughout the world and all applications
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and registrations therefor, in and to the Software and any full or
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partial copies thereof, including any additions thereto. You acknowledge
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that, except for the limited license rights expressly provided in this
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Agreement, no right, title, or interest to the intellectual property in
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the Software or Documentation is provided to You, and that You do not
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obtain any rights, express or implied, in the Software. All rights in and
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to the Software not expressly granted to You in this Agreement are
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expressly reserved by Developer. Product names, words or phrases
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mentioned in this License or the Software may be trademark(s) or
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servicemark(s) of Developer registered in certain nations and/or of third
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parties. You may not alter or supplement the copyright or trademark
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notices as contained in the Software.
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License Termination
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This License is effective until terminated. This License will terminate
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immediately without notice from Developer if You breach or fail to comply
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with any provision of this License. Upon such termination You must
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destroy the Software, all accompanying written materials, and all copies
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thereof.
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Limitations of Liability
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In no event will Developer, any owner, contributor, agent, business party,
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or other third party affiliated with Developer, be liable to You or any
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third party under any legal theory (including contract, tort, or
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otherwise) for any consequential, incidental, indirect or special damages
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whatsoever (including, without limitation, loss of expected savings, loss
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of confidential information, presence of viruses, damages for loss of
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profits, business interruption, loss of business information and the like
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or otherwise) or any related expense whether foreseeable or not, arising
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out of the use of or inability to use or any failure of the Software or
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accompanying materials, regardless of the basis of the claim and even if
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Developer or Developer's owner, contributor, agent, or business partner
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has been advised of the possibility of such damage. By using the
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Software, You hereby acknowledge that Developer would not offer the
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Software without the inclusion and enforceability of this provision, and
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that You (and not the Developer) are solely responsible for Your network,
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data, and application security testing, planning, audits, updates, and
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training, which require regular analysis, supplementing, and expertise.
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No Warranty
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The Software and this License document are provided AS IS with NO WARRANTY
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OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING,
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WITHOUT LIMITATION, THE WARRANTY OF DESIGN, MERCHANTABILITY, TITLE,
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NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
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Indemnification
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You agree to indemnify, hold harmless, and defend Developer and
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Developer's owners, contributors, agents, and business partners from and
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against any and all claims or actions including reasonable legal expenses
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that arise or result from Your use of or inability to use the Software.
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Developer agrees to notify You and reasonably cooperate with Your defense
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of any third party claim triggering such indemnification.
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Miscellaneous
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If any part of this License is found void and unenforceable, it will not
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affect the validity of the balance of this License, which shall remain
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valid and enforceable to the maximum extent according to its terms.
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Choice of Law; Venue
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This License will be construed, interpreted and governed by the laws of
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Texas, USA, without regard to its conflict of law rules. Any litigation
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related to this License must be filed and heard in the courts for Travis
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County, Texas.
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