Licensing/Metasploit Framework License

Fedora Notes
This license is non-free. It was originally found at: http://metasploit.com/svn/framework3/trunk/documentation/LICENSE but that URL is gone. A copy of the latest available version from archive.org has been preserved here for reference.

License Text
The Metasploit Framework License v1.2

Copyright (C) 2006 METASPLOIT.COM

This License governs your use of the Software and any accompanying materials distributed with 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.

Definitions

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, in both object code and source code.

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. "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. "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. "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.

g. "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).

h. "You" means the individual or organization that is using the Software under the License.

i. "Interface" means to execute, parse, or otherwise benefit from the use of the Software.

License Grant and Restrictions

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.

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.

3. The license granted in Section 2 is expressly made subject to and limited by the following restrictions:

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:

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, 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 (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.

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. 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.

Online Updates

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 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 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.

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 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 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, 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 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 this License, which shall remain valid and enforceable to the maximum extent according to its terms.

Choice of Law; Venue

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.