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- THE FRAMEWORX OPEN LICENSE 1.0
-
- This License Agreement, The Frameworx Open License 1.0, has been entered into
- between The Frameworx Company and you, the licensee hereunder, effective as
- of Your acceptance of the Frameworx Code Base or an Downstream Distribution
- (each as defined below).
-
- AGREEMENT BACKGROUND
-
- The Frameworx Company is committed to the belief that open source software
- results in better quality, greater technical and product innovation in the
- market place and a more empowered and productive developer and end-user community.
- Our objective is to ensure that the Frameworx Code Base, and the source code
- for improvements and innovations to it, remain free and open to the community.To
- further these beliefs and objectives, we are distributing the Frameworx Code
- Base, without royalties and in source code form, to the community pursuant
- to this License Agreement.
-
- AGREEMENT TERMS
-
- The Frameworx Company and You have agreed as follows:
-
- 1. Definitions.The following terms have the following respective meanings:
-
- (a) Frameworx Code Base means the software developed by The Frameworx Company
- and made available under this License Agreement
-
- (b) Downstream Distribution means any direct or indirect release, distribution
- or remote availability of software (i) that directly or indirectly contains,
- or depends for its intended functioning on, the Frameworx Code Base or any
- portion or element thereof and (ii) in which rights to use and distribute
- such Frameworx Code Base software depend, directly or indirectly, on the License
- provided in Section 2 below.
-
- (c) "Source Code" to any software means the preferred form for making modifications
- to that software, including any associated documentation, interface definition
- files and compilation or installation scripts, or any version thereof that
- has been compressed or archived, and can be reconstituted, using an appropriate
- and generally available archival or compression technology.
-
- (d) Value-Added Services means any commercial or fee-based software-related
- service, including without limitation: system or application development or
- consulting; technical or end-user support or training; distribution maintenance,
- configuration or versioning; or outsourced, hosted or network-based application
- services.
-
- 2. License Grant. Subject to the terms and conditions hereof, The Frameworx
- Company hereby grants You a non-exclusive license (the License), subject to
- third party intellectual property claims, and for no fee other than a nominal
- charge reflecting the costs of physical distribution, to:
-
- (a) use the Frameworx Code Base, in either Source Code or machine-readable
- form;
-
- (b) make modifications, additions and deletions to the content or structure
- of the Frameworx Code Base; or
-
- (c) create larger works or derivative works including the Frameworx Code Base
- or any portion or element thereof; and
-
- (d) release, distribute or make available, either generally or to any specific
- third-party, any of the foregoing in Source Code or binary form.
-
- 3. License Conditions. The grant of the License under Section 1 hereof, and
- your exercise of all rights in connection with this License Agreement, will
- remain subject to the following terms and conditions, as well as to the other
- provisions hereof:
-
- (a) Complete Source Code for any Downstream Distribution directly or indirectly
- made by You that contains, or depends for its intended functionality on, the
- Frameworx Code Base, or any portion or element thereof, shall be made freely
- available to all users thereof on terms and conditions no more restrictive,
- and no less favorable for any user (including, without limitation, with regard
- to Source Code availability and royalty-free use) than those terms and conditions
- provided in this License Agreement.
-
- (b) Any Value-Added Services that you offer or provide, directly or indirectly,
- in relation to any Downstream Distribution shall be offered and provided on
- commercial terms that are reasonably commensurate to the fair market value
- of such Value-Added Services. In addition, the terms and conditions on which
- any such Value Added Services are so offered or provided shall be consistent
- with, and shall fully support, the intent and purpose of this License Agreement.
-
- (c) All Downstream Distributions shall:
-
- (i) include all portions and elements of the Frameworx Code Base required
- to build the Source Code of such Downstream Distribution into a fully functional
- machine-executable system, or additional build scripts or comparable software
- necessary and sufficient for such purposes;
-
- (ii) include, in each file containing any portion or element of the Frameworx
- Code Base, the following identifying legend: This file contains software that
- has been made available under The Frameworx Open License 1.0. Use and distribution
- hereof are subject to the restrictions set forth therein.
-
- (iii) include all other copyright notices, authorship credits, warranty disclaimers
- (including that provided in Section 6 below), legends, documentation, annotations
- and comments contained in the Frameworx Code Base as provided to You hereunder;
-
- (iv) contain an unaltered copy of the html file named frameworx_community_invitation.html
- included within the Frameworx Code Base that acknowledges new users and provides
- them with information on the Frameworx Code Base community;
-
- (v) contain an unaltered copy of the text file named the_frameworx_license.txt
- included within the Frameworx Code Base that includes a text copy of the form
- of this License Agreement; and
-
- (vi) prominently display to any viewer or user of the Source Code of such
- Open Downstream Distribution, in the place and manner normally used for such
- displays, the following legend:
-
- Source code licensed under from The Frameworx Company is contained herein,
- and such source code has been obtained either under The Frameworx Open License,
- or another license granted by The Frameworx Company. Use and distribution
- hereof is subject to the restrictions provided in the relevant such license
- and to the copyrights of the licensor thereunder. A copy of The Frameworx
- Open License is provided in a file named the_frameworx_license.txt and included
- herein, and may also be available for inspection at http://www.frameworx.com.
-
- 4. Restrictions on Open Downstream Distributions. Each Downstream Distribution
- made by You, and by any party directly or indirectly obtaining rights to the
- Frameworx Code Base through You, shall be made subject to a license grant
- or agreement to the extent necessary so that each distributee under that Downstream
- Distribution will be subject to the same restrictions on re-distribution and
- use as are binding on You hereunder. You may satisfy this licensing requirement
- either by:
-
- (a) requiring as a condition to any Downstream Distribution made by you, or
- by any direct or indirect distributee of Your Downstream Distribution (or
- any portion or element thereof), that each distributee under the relevant
- Downstream Distribution obtain a direct license (on the same terms and conditions
- as those in this License Agreement) from The Frameworx Company; or
-
- (b) sub-licensing all (and not less than all) of Your rights and obligations
- hereunder to that distributee, including (without limitation) Your obligation
- to require distributees to be bound by license restrictions as contemplated
- by this Section 4 above.
-
- The Frameworx Company hereby grants to you all rights to sub-license your
- rights hereunder as necessary to fully effect the intent and purpose of this
- Section 4 above, provided, however, that your rights and obligations hereunder
- shall be unaffected by any such sublicensing. In addition, The Frameworx Company
- expressly retains all rights to take all appropriate action (including legal
- action) against any such direct or indirect sub-licensee to ensure its full
- compliance with the intent and purposes of this License Agreement.
-
- 5. Intellectual Property. Except as expressly provided herein, this License
- Agreement preserves and respects Your and The Frameworx Companys respective
- intellectual property rights, including, in the case of The Frameworx Company,
- its copyrights and patent rights relating to the Frameworx Code Base.
-
- 6. Warranty Disclaimer. THE SOFTWARE LICENSED HEREUNDER IS PROVIDED ``AS IS.''
- ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
- WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT,
- ARE HEREBY DISCLAIMED. IN NO EVENT SHALL THE LICENSOR OF THIS SOFTWARE, BE
- LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
- DAMAGES INCLUDING (BUT NOT LIMITED TO) PROCUREMENT OF SUBSTITUTE GOODS OR
- SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER
- CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY
- OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE
- USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
-
- 7. License Violation. The License, and all of your rights thereunder, shall
- be deemed automatically terminated and void as of any Downstream Distribution
- directly or indirectly made or facilitated by You that violates the provisions
- of this License Agreement, provided, however, that this License Agreement
- shall survive any such termination in order to remedy the effects of such
- violation. This License Agreement shall be binding on the legal successors
- and assigns of the parties hereto.
-
- Your agreement to the foregoing as of the date hereof has been evidenced by
- your acceptance of the relevant software distribution hereunder. (C) THE FRAMEWORX
- COMPANY 2003
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