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THE FRAMEWORX OPEN LICENSE 1.0 (Frameworx-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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