Licensing/Metasploit Framework License

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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.