metasploit-framework/documentation/LICENSE

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The Metasploit Framework License v1.0
Copyright (C) 2006 Metasploit LLC
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).
b. "Software" means any software that is distributed under the terms of
this License.
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.
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])).
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.
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.
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 Grants
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. Provided that -each- of the following necessary, express conditions are
met, You may copy and distribute the Software:
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.
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).
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:
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.
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.
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:
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.
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
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.
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.
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.
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.
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.
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.
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.
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
related to this License must be filed and heard in the courts for Travis
County, Texas.