Updated to 1.1
git-svn-id: file:///home/svn/framework3/trunk@3789 4d416f70-5f16-0410-b530-b9f4589650daunstable
HD Moore
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The Metasploit Framework License v1.0
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The Metasploit Framework License v1.1
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Copyright (C) 2006 METASPLOIT.COM
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This License governs your use of the Software and any accompanying
|
||||
materials distributed with this License. By typing 'yes' after reading
|
||||
this License you are indicating that you have read and understood and
|
||||
assent to be bound by the terms of this License. You must accept the
|
||||
terms of this License before using the Software. If you are an individual
|
||||
working for a company you represent and warrant that you have all
|
||||
necessary authority to bind your company to the terms and conditions of
|
||||
this License.
|
||||
|
||||
If you do not agree to the terms of this License you are not granted any
|
||||
rights whatsoever in the Software or Documentation. If you are not
|
||||
willing to be bound by these terms and conditions do not download the
|
||||
Software.
|
||||
|
||||
Copyright (C) 2006 Metasploit LLC
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|
||||
Definitions
|
||||
|
||||
a. "License" means this particular version of this document (or, where
|
||||
specifically indicated, a successor iteration of the License officially
|
||||
issued/announced by the Developer).
|
||||
a. "License" means this particular version of this document (or where
|
||||
specifically indicated a successor iteration of this License officially
|
||||
issued by the Developer).
|
||||
|
||||
b. "Software" means any software that is distributed under the terms of
|
||||
this License.
|
||||
this License in both object code and source code.
|
||||
|
||||
c. "Extension" means any enhancement to the Software that does not require
|
||||
modification of the Software itself. "Extensions" include any module or
|
||||
plug-in that is intended (by design and coding) to, or can, be
|
||||
dynamically loaded by the Software.
|
||||
c. "Enhancement" means any bug fix error correction patch or other
|
||||
addition to the Software that are independent of the Software and do not
|
||||
require modification of the Software of the Software itself.
|
||||
|
||||
d. "Developer" means the then-current copyright holder(s) of the Software,
|
||||
including, but not limited to, the Metasploit personnel and any
|
||||
third-party contributors (or their successor[s]/transferee[s])).
|
||||
d. "Extension" means any external software program or library that
|
||||
interfaces with the Software and does not [reproduce or require
|
||||
modification of the Software itself]. "Extension" includes any module or
|
||||
plug-in that is intended (by design and coding) to or can be dynamically
|
||||
loaded by the Software.
|
||||
|
||||
e. "Documentation" means any end user, technical/programmer, network
|
||||
administrator, or other manual(s), tutorial(s), or code sample(s)
|
||||
provided or offered by Developer with the Software, excluding those items
|
||||
created by a third party.
|
||||
d. "Developer" means the then-current copyright holder(s) of the Software
|
||||
including but not limited to the Metasploit personnel and any third-party
|
||||
contributors (or their successor(s) or transferee(s)).
|
||||
|
||||
f. "Use" means to download, install, access, copy, execute, sell, or
|
||||
otherwise benefit from the Software (directly or indirectly, with or
|
||||
without notice or knowledge of the Software's incorporation or
|
||||
utilization in any larger application or product).
|
||||
e. "Documentation" means any and all end user technical/programmer network
|
||||
administrator or other manuals tutorials or code samples provided or
|
||||
offered by Developer with the Software excluding those items created by
|
||||
someone other than the Developer.
|
||||
|
||||
f. "Use" means to download install access copy execute sell or otherwise
|
||||
benefit from the Software (directly or indirectly with or without notice
|
||||
or knowledge of the Software's incorporation or utilization in any larger
|
||||
application or product).
|
||||
|
||||
g. "You" means the individual or organization that is using the Software
|
||||
under the conditions of the License.
|
||||
under the License.
|
||||
h. "Interface" means to execute parse or otherwise benefit from the use of
|
||||
the Software.
|
||||
|
||||
h. "Interface" means to execute, parse, or otherwise benefit from the use
|
||||
of the Software.
|
||||
|
||||
i. "Interaction Software" means any external software program or library
|
||||
that interfaces with, but is not a component or subset of, the Software.
|
||||
License Grant and Restrictions
|
||||
|
||||
License Grants
|
||||
1. Provided that You agree to and do comply with all terms and conditions
|
||||
in this License You are granted the non-exclusive rights specified in
|
||||
this License. Your Use of any of the Software in any form and to any
|
||||
extent signifies acceptance of this License. If You do not agree to all
|
||||
of these terms and conditions then do not use the Software and
|
||||
immediately remove all copies of the Software the Documentation and any
|
||||
other items provided under the License.
|
||||
|
||||
1. Provided that You both agree to and do comply with any and all
|
||||
conditions and requirements in this License, You are granted the
|
||||
non-exclusive rights specified in this License . Use of any of the
|
||||
Software in any form and to any extent signifies acceptance of this
|
||||
License. If You do not agree to all of these terms, then do not use the
|
||||
Software and immediately remove all copies of the Software, the
|
||||
Documentation, and any other items provided under the License.
|
||||
2. Subject to the terms and conditions of this License Developer hereby
|
||||
grants You a worldwide royalty-free non-exclusive license to reproduce
|
||||
publicly display and publicly perform the Software solely for Your
|
||||
personal and non-commercial use.
|
||||
|
||||
2. Provided that -each- of the following necessary, express conditions are
|
||||
met, You may copy and distribute the Software:
|
||||
3. The license granted in Section 2 is expressly made subject to and
|
||||
limited by the following restrictions:
|
||||
|
||||
a. The Software that You received is distributed unmodified, including but
|
||||
not restricted to You maintaining (and not supplementing, removing, or
|
||||
modifying) the same copyright, trademark notices and disclaimers in the
|
||||
exact wording as released by the Developer.
|
||||
a. You may only distribute publicly display and publicly perform
|
||||
unmodified Software. Without limiting the foregoing You agree to maintain
|
||||
(and not supplement remove or modify) the same copyright trademark
|
||||
notices and disclaimers in the exact wording as released by Developer.
|
||||
|
||||
b. You may only distribute the Software free from any charge beyond the
|
||||
reasonable costs of data transfer or storage media. You may -not- (i)
|
||||
sell lease rent or otherwise charge for the Software (ii) include any
|
||||
component or subset of the Software in any commercial application or
|
||||
product or (iii) sell lease rent or otherwise charge for any appliance
|
||||
(i.e. hardware peripheral personal digital device or other electronic
|
||||
product) that includes any component or subset of the Software.
|
||||
|
||||
4. You may develop Enhancements to the Software and distribute Your
|
||||
Enhancements provided that You agree to each of the following
|
||||
restrictions on this distribution:
|
||||
|
||||
b. The Software is distributed without any charge, beyond (at Your option)
|
||||
the reasonable costs of data transfer or storage media. You may -not- (i)
|
||||
sell, lease, rent, or otherwise charge for the Software, (ii) include any
|
||||
component or subset of the Software in any commercial application or
|
||||
product, or (iii) sell, lease, rent, or otherwise charge for any
|
||||
appliance (i.e., hardware, peripheral, personal digital device, or other
|
||||
electronic product) that includes any component or subset of the
|
||||
Software.
|
||||
|
||||
3. You -may- use the Software to provide some service(s) and charge for
|
||||
the service(s), provided that the recipient of the service is clearly
|
||||
informed in writing (including via electronic notice or on-screen
|
||||
display, without paper notice) of both (a) the existence, name/trademark,
|
||||
and use of the Software in relation to the service and (b) where the
|
||||
recipient of the service may obtain a copy of the Software (e.g., refer
|
||||
them to www.metasploit.com).
|
||||
|
||||
4. You may make modifications (i.e., additions) to the Software and
|
||||
distribute Your modifications, but solely in a form that is -separate-
|
||||
from the Software, such as patches. The following restrictions apply to
|
||||
modifications:
|
||||
|
||||
a. Modifications must not alter, supplement, or remove any copyright,
|
||||
trademark, or other proprietary right(s) or legal notices or licensing
|
||||
terms displayed by or provided with the Software.
|
||||
|
||||
b. When any modification to the Software is released by You under this
|
||||
License, You hereby grant and agree to grant a non-exclusive royalty-free
|
||||
right, to both (i) the Developer and (ii) any of Developer's later
|
||||
licensees, successors, or partners, to distribute Your modification(s) in
|
||||
future versions of the Software provided that such versions remain
|
||||
available under the terms of this License (or any other later-adopted
|
||||
license(s) of the Developer).
|
||||
a. Enhancements may not modify supplement or obscure the user interface or
|
||||
output of the Software such that the title of the Software the copyrights
|
||||
and trademark notices in the Software or the licensing terms of the
|
||||
Software are removed hidden or made less likely to be discovered or read.
|
||||
|
||||
b. If you release any Enhancement to the Software You agree to distribute
|
||||
the Enhancement under the terms of this License (or any other
|
||||
later-issued license(s) of Developer for the Software). Upon such release
|
||||
You hereby grant and agree to grant a non-exclusive royalty-free right to
|
||||
both (i) Developer and (ii) any of Developer's later licensees owners
|
||||
contributors agents or business partners to distribute Your
|
||||
Enhancement(s) with future versions of the Software provided that such
|
||||
versions remain available under the terms of this License (or any other
|
||||
later-adopted license(s) of Developer).
|
||||
|
||||
5. You may develop Extensions to the Software and distribute these
|
||||
Extensions under any license You see fit, as long as -each- of the
|
||||
following conditions are met:
|
||||
Extensions under any license You see fit for commercial sale or license
|
||||
or for non-commercial use so long as -each- of the following conditions
|
||||
are met:
|
||||
|
||||
a. The Extension, when installed with the Software, must -not- modify any
|
||||
of the behavior (change the display, modify the available commands, etc)
|
||||
of the Software until the user explicitly requests (e.g., by invoking or
|
||||
exercising a command or feature are a screen display or other express
|
||||
notification of the new code's existence and function) that the Extension
|
||||
should be activated.
|
||||
a. The Extension when installed with the Software must -not- modify any of
|
||||
the behavior (e.g. change the display modify the available commands etc.)
|
||||
of the Software until the user explicitly requests (e.g. by invoking or
|
||||
exercising a command or feature are a screen display or other express
|
||||
notification of the new code's existence and function) that the Extension
|
||||
should be activated.
|
||||
|
||||
b. The Extension may programmatically execute (e.g., call a method) code
|
||||
provided by this Software, but may not include or create copies of the
|
||||
Software (modified or otherwise) in the Extension itself.
|
||||
b. The Extension may programmatically execute (e.g. call a method) code
|
||||
provided by this Software but may not include or create copies of the
|
||||
Software (modified or otherwise) in the Extension itself.
|
||||
|
||||
c. The Extension may -not- modify the user interface or output of the
|
||||
Software such that the Software copyright(s), licensing terms, or title
|
||||
of the Software is/are no longer visible to the user or are changed or
|
||||
supplemented.
|
||||
c. The Extension may not modify supplement or obscure the user interface
|
||||
or output of the Software such that the title of the Software the
|
||||
copyrights and trademark notices in the Software or the licensing terms
|
||||
of the Software are removed hidden or made less likely to be discovered
|
||||
or read.
|
||||
|
||||
6. You may develop external software components that interface with the
|
||||
Software and distribute these components, provided that -each- of the
|
||||
following conditions are met:
|
||||
6. If you develop external software components that interface with the
|
||||
Software you may only distribute these components if (a) the external
|
||||
software component clearly indicates to the user via the user interface
|
||||
and/or program output both (i) the role of the Software in the component
|
||||
and (ii) where the user may obtain a copy of the Software and (b) the
|
||||
external software components do not modify supplement or obscure the user
|
||||
interface or output of the Software such that the title of the Software
|
||||
the copyrights and trademark notices in the Software or the licensing
|
||||
terms of the Software are removed hidden or made less likely to be
|
||||
discovered or read.
|
||||
|
||||
a. The external software component is distributed without any charge
|
||||
beyond the reasonable costs of data transfer or storage media. You may
|
||||
not sell the external software component or sell an appliance that
|
||||
includes the software component.
|
||||
|
||||
b. The external software component clearly indicates to the user, via the
|
||||
user interface and/or program output, both (a) the role of the Software
|
||||
in the component and (b) where the user may obtain a copy of the
|
||||
Software.
|
||||
|
||||
c. The external software component does not modify, supplement, or obscure
|
||||
the user interface or output of the Software such that the title of the
|
||||
Software, the copyrights and trademark notices in the Software, or the
|
||||
licensing terms of the Software are removed, hidden, or made less likely
|
||||
to be discovered and read.
|
||||
|
||||
Online Updates
|
||||
|
||||
The Software includes the ability to download updates (i.e., additional
|
||||
code) from the Developer's server(s). These updates may contain bug
|
||||
fixes, new functionality, updated Documentation, and/or Extensions. When
|
||||
retrieving these updates, the Software may transmit the Software version
|
||||
and operating system information from Your computer to the update server.
|
||||
The server may record (store) this information, in conjunction with the
|
||||
IP (global Internet Protocol) address of the user, in order to attempt to
|
||||
maintain accurate end user / version statistics. By using the online
|
||||
update feature, You hereby agree to allow this information to be
|
||||
transmitted, recorded, and stored in any nation by or for the Developer.
|
||||
The Software includes the ability to download updates (i.e. additional
|
||||
code) from Developer's server(s). These updates may contain bug fixes new
|
||||
functionality updated Documentation and/or Extensions. When retrieving
|
||||
these updates the Software may transmit the Software version and
|
||||
operating system information from Your computer to the update server. The
|
||||
server may record (store) this information in conjunction with the IP
|
||||
(global Internet Protocol) address of the user in order to attempt to
|
||||
maintain accurate end user and version statistics. By using the online
|
||||
update feature You hereby agree to allow this information to be
|
||||
transmitted recorded and stored in any nation by or for Developer.
|
||||
|
||||
|
||||
Proper Use
|
||||
|
||||
As an express condition of this License, You agree that You will use the
|
||||
Software -solely- in compliance with all then-applicable local, state,
|
||||
national, and international laws, rules and regulations as may be amended
|
||||
or supplemented from time to time, including any then-current laws and/or
|
||||
As an express condition of this License You agree that You will use the
|
||||
Software -solely- in compliance with all then-applicable local state
|
||||
national and international laws rules and regulations as may be amended
|
||||
or supplemented from time to time including any then-current laws and/or
|
||||
regulations regarding the transmission and/or encryption of technical
|
||||
data exported from or imported into Your country of residence. Violation
|
||||
of any of the foregoing may result in immediate, automatic termination of
|
||||
this License without notice, and may subject You to state, national
|
||||
and/or international penalties and other legal consequences.
|
||||
of any of the foregoing will result in immediate automatic termination of
|
||||
this License without notice and may subject You to state national and/or
|
||||
international penalties and other legal consequences.
|
||||
|
||||
Copyright and Trademark
|
||||
|
||||
Product names, words or phrases mentioned in this License or the Software
|
||||
may be trademark(s) or servicemark(s) of the Developer registered in
|
||||
certain nations and/or of third parties. You may not alter or supplement
|
||||
the copyright or trademark notices as contained in the Software.
|
||||
Intellectual Property Ownership
|
||||
|
||||
The Software is licensed not sold. Developer retains exclusive ownership
|
||||
of all worldwide copyrights trade secrets patents and all other
|
||||
intellectual property rights throughout the world and all applications
|
||||
and registrations therefor in and to the Software and any full or partial
|
||||
copies thereof including any additions thereto. You acknowledge that
|
||||
except for the limited license rights expressly provided in this
|
||||
Agreement no right title or interest to the intellectual property in the
|
||||
Software or Documentation is provided to You and that You do not obtain
|
||||
any rights express or implied in the Software. All rights in and to the
|
||||
Software not expressly granted to You in this Agreement are expressly
|
||||
reserved by Developer. Product names words or phrases mentioned in this
|
||||
License or the Software may be trademark(s) or servicemark(s) of
|
||||
Developer registered in certain nations and/or of third parties. You may
|
||||
not alter or supplement the copyright or trademark notices as contained
|
||||
in the Software.
|
||||
|
||||
|
||||
License Termination
|
||||
|
||||
This License is effective until terminated. This License will terminate
|
||||
immediately without notice from the Developer if You breach or fail to
|
||||
comply with any provision of this License. Upon such termination You must
|
||||
destroy the Software, all accompanying written materials, and all copies
|
||||
thereof.
|
||||
immediately without notice from Developer if You breach or fail to comply
|
||||
with any provision of this License. Upon such termination You must
|
||||
destroy the Software all accompanying written materials and all copies
|
||||
thereof.
|
||||
|
||||
|
||||
Limitations of Liability
|
||||
|
||||
In no event will the Developer, any contributor, owner, or licensee, or
|
||||
any third party affiliated with Developer be liable to You or any third
|
||||
party for any consequential, incidental, indirect or special damages
|
||||
whatsoever (including, without limitation, loss of expected savings, loss
|
||||
of confidential information, presence of viruses, damages for loss of
|
||||
profits, business interruption, loss of business information and the like
|
||||
or otherwise) or any related expense whether foreseeable or not, arising
|
||||
out of the use of or inability to use or any failure of the Software or
|
||||
accompanying materials, regardless of the basis of the claim and even if
|
||||
the Developer or a Developer's representative has been advised of the
|
||||
possibility of such damage, and even in the event of the failure of an
|
||||
exclusive remedy. You hereby acknowledge, by using the Software, the
|
||||
reasonability of this liability limitation provision, that Developer
|
||||
would not offer the Software without the inclusion and enforceability of
|
||||
this provision, and that You (and not the Software) are solely
|
||||
responsible for Your network, data, and application security testing,
|
||||
planning , audits, updates, and training, which require regular analysis,
|
||||
supplementing, and expertise.
|
||||
In no event will Developer any owner contributor agent business party or
|
||||
other third party affiliated with Developer be liable to You or any third
|
||||
party under any legal theory (including contract tort or otherwise) for
|
||||
any consequential incidental indirect or special damages whatsoever
|
||||
(including without limitation loss of expected savings loss of
|
||||
confidential information presence of viruses damages for loss of profits
|
||||
business interruption loss of business information and the like or
|
||||
otherwise) or any related expense whether foreseeable or not arising out
|
||||
of the use of or inability to use or any failure of the Software or
|
||||
accompanying materials regardless of the basis of the claim and even if
|
||||
Developer or Developer's owner contributor agent or business partner has
|
||||
been advised of the possibility of such damage. By using the Software You
|
||||
hereby acknowledge that Developer would not offer the Software without
|
||||
the inclusion and enforceability of this provision and that You (and not
|
||||
the Developer) are solely responsible for Your network data and
|
||||
application security testing planning audits updates and training which
|
||||
require regular analysis supplementing and expertise.
|
||||
|
||||
|
||||
No Warranty
|
||||
|
||||
The Software and this License document are provided AS IS with NO WARRANTY
|
||||
OF ANY KIND, INCLUDING THE WARRANTY OF DESIGN, MERCHANTABILITY, TITLE, OR
|
||||
FITNESS FOR A PARTICULAR PURPOSE.
|
||||
OF ANY KIND WHETHER EXPRESS IMPLIED STATUTORY OR OTHERWISE INCLUDING
|
||||
WITHOUT LIMITATION THE WARRANTY OF DESIGN MERCHANTABILITY TITLE
|
||||
NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
|
||||
|
||||
|
||||
Indemnification
|
||||
|
||||
You agree to indemnify, hold harmless, and defend the Developer and
|
||||
Developer's owners, contributors, agents, and business partners from and
|
||||
against any and all claims or actions including reasonable legal expenses
|
||||
that arise or result from Your use of or inability to use the Software.
|
||||
Developer agrees to notify You and reasonably cooperate with Your defense
|
||||
of any third party claim triggering such indemnification.
|
||||
You agree to indemnify hold harmless and defend Developer and Developer's
|
||||
owners contributors agents and business partners from and against any and
|
||||
all claims or actions including reasonable legal expenses that arise or
|
||||
result from Your use of or inability to use the Software. Developer
|
||||
agrees to notify You and reasonably cooperate with Your defense of any
|
||||
third party claim triggering such indemnification.
|
||||
|
||||
|
||||
Miscellaneous
|
||||
|
||||
If any part of this License is found void and unenforceable, it will not
|
||||
affect the validity of the balance of the License, which shall remain
|
||||
valid and enforceable to the maximum extent according to its terms.
|
||||
If any part of this License is found void and unenforceable it will not
|
||||
affect the validity of the balance of this License which shall remain
|
||||
valid and enforceable to the maximum extent according to its terms.
|
||||
|
||||
|
||||
Choice of Law; Venue
|
||||
|
||||
The License will be construed, interpreted and governed by the laws of
|
||||
Texas, USA, without regard to its conflict of law rules. Any litigation
|
||||
This License will be construed interpreted and governed by the laws of
|
||||
Texas USA without regard to its conflict of law rules. Any litigation
|
||||
related to this License must be filed and heard in the courts for Travis
|
||||
County, Texas.
|
||||
County Texas.
|
||||
|
||||
To use version 3.0 of the Metasploit Framework you must acknowledge your
|
||||
acceptance of this license by typing yes at the prompt below.
|
||||
|
|
|
|||
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