| 1 | The Metasploit Framework License v1.2 |
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| 2 | |
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| 3 | Copyright (C) 2006 METASPLOIT.COM |
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| 4 | |
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| 5 | This License governs your use of the Software and any accompanying |
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| 6 | materials distributed with this License. You must accept the terms of |
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| 7 | this License before using the Software. If you are an individual working |
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| 8 | for a company, you represent and warrant that you have all necessary |
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| 9 | authority to bind your company to the terms and conditions of this License. |
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| 10 | |
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| 11 | If you do not agree to the terms of this License, you are not granted any |
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| 12 | rights whatsoever in the Software or Documentation. If you are not |
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| 13 | willing to be bound by these terms and conditions, do not download the |
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| 14 | Software. |
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| 15 | |
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| 16 | |
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| 17 | Definitions |
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| 18 | |
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| 19 | a. "License" means this particular version of this document (or, where |
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| 20 | specifically indicated, a successor iteration of this License officially |
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| 21 | issued by the Developer). |
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| 22 | |
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| 23 | b. "Software" means any software that is distributed under the terms of |
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| 24 | this License, in both object code and source code. |
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| 25 | |
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| 26 | c. "Enhancement" means any bug fix, error correction, patch, or other |
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| 27 | addition to the Software that are independent of the Software and do not |
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| 28 | require modification of the Software of the Software itself. |
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| 29 | |
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| 30 | d. "Extension" means any external software program or library that |
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| 31 | interfaces with the Software and does not [reproduce or require |
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| 32 | modification of the Software itself]. "Extension" includes any module or |
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| 33 | plug-in that is intended (by design and coding) to, or can, be |
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| 34 | dynamically loaded by the Software. |
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| 35 | |
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| 36 | e. "Developer" means the then-current copyright holder(s) of the Software, |
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| 37 | including, but not limited to, the Metasploit personnel and any |
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| 38 | third-party contributors (or their successor(s) or transferee(s)). |
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| 39 | |
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| 40 | f. "Documentation" means any and all end user, technical/programmer, |
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| 41 | network administrator, or other manuals, tutorials, or code samples |
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| 42 | provided or offered by Developer with the Software, excluding those items |
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| 43 | created by someone other than the Developer. |
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| 44 | |
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| 45 | g. "Use" means to download, install, access, copy, execute, sell, or |
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| 46 | otherwise benefit from the Software (directly or indirectly, with or |
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| 47 | without notice or knowledge of the Software's incorporation or |
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| 48 | utilization in any larger application or product). |
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| 49 | |
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| 50 | h. "You" means the individual or organization that is using the Software |
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| 51 | under the License. |
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| 52 | |
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| 53 | i. "Interface" means to execute, parse, or otherwise benefit from the use |
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| 54 | of the Software. |
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| 55 | |
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| 56 | |
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| 57 | License Grant and Restrictions |
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| 58 | |
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| 59 | 1. Provided that You agree to, and do, comply with all terms and |
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| 60 | conditions in this License, You are granted the non-exclusive rights |
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| 61 | specified in this License. Your Use of any of the Software in any form |
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| 62 | and to any extent signifies acceptance of this License. If You do not |
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| 63 | agree to all of these terms and conditions, then do not use the Software |
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| 64 | and immediately remove all copies of the Software, the Documentation, and |
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| 65 | any other items provided under the License. |
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| 66 | |
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| 67 | |
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| 68 | 2. Subject to the terms and conditions of this License, Developer hereby |
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| 69 | grants You a worldwide, royalty-free, non-exclusive license to reproduce, |
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| 70 | publicly display, and publicly perform the Software. |
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| 71 | |
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| 72 | |
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| 73 | 3. The license granted in Section 2 is expressly made subject to and |
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| 74 | limited by the following restrictions: |
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| 75 | |
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| 76 | a. You may only distribute, publicly display, and publicly perform |
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| 77 | unmodified Software. Without limiting the foregoing, You agree to |
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| 78 | maintain (and not supplement, remove, or modify) the same copyright, |
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| 79 | trademark notices and disclaimers in the exact wording as released by |
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| 80 | Developer. |
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| 81 | |
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| 82 | b. You may only distribute the Software free from any charge beyond the |
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| 83 | reasonable costs of data transfer or storage media. You may -not- (i) |
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| 84 | sell, lease, rent, or otherwise charge for the Software, (ii) include any |
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| 85 | component or subset of the Software in any commercial application or |
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| 86 | product, or (iii) sell, lease, rent, or otherwise charge for any |
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| 87 | appliance (i.e., hardware, peripheral, personal digital device, or other |
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| 88 | electronic product) that includes any component or subset of the |
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| 89 | Software. |
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| 90 | |
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| 91 | |
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| 92 | 4. You may develop Enhancements to the Software and distribute Your |
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| 93 | Enhancements, provided that You agree to each of the following |
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| 94 | restrictions on this distribution: |
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| 95 | |
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| 96 | a. Enhancements may not modify, supplement, or obscure the user interface |
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| 97 | or output of the Software such that the title of the Software, the |
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| 98 | copyrights and trademark notices in the Software, or the licensing terms |
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| 99 | of the Software are removed, hidden, or made less likely to be discovered |
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| 100 | or read. |
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| 101 | |
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| 102 | b. If you release any Enhancement to the Software, You agree to |
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| 103 | distribute the Enhancement under the terms of this License (or any other |
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| 104 | later-issued license(s) of Developer for the Software). Upon such |
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| 105 | release, You hereby grant and agree to grant a non-exclusive royalty-free |
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| 106 | right, to both (i) Developer and (ii) any of Developer's later licensees, |
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| 107 | owners, contributors, agents or business partners, to distribute Your |
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| 108 | Enhancement(s) with future versions of the Software provided that such |
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| 109 | versions remain available under the terms of this License (or any other |
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| 110 | later-adopted license(s) of Developer). |
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| 111 | |
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| 112 | |
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| 113 | 5. You may develop Extensions to the Software and distribute these |
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| 114 | Extensions under any license You see fit, for commercial sale or license |
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| 115 | or for non-commercial use, so long as -each- of the following conditions |
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| 116 | are met: |
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| 117 | |
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| 118 | a. The Extension, when installed with the Software, must -not- modify any |
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| 119 | of the behavior (e.g., change the display, modify the available commands, |
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| 120 | etc.) of the Software until the user explicitly requests (e.g., by |
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| 121 | invoking or exercising a command or feature are a screen display or other |
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| 122 | express notification of the new code's existence and function) that the |
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| 123 | Extension should be activated. |
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| 124 | |
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| 125 | b. The Extension may programmatically execute (e.g., call a method) code |
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| 126 | provided by this Software, but may not include or create copies of the |
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| 127 | Software (modified or otherwise) in the Extension itself. |
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| 128 | |
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| 129 | c. The Extension may not modify, supplement, or obscure the user interface |
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| 130 | or output of the Software such that the title of the Software, the |
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| 131 | copyrights and trademark notices in the Software, or the licensing terms |
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| 132 | of the Software are removed, hidden, or made less likely to be discovered |
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| 133 | or read. |
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| 134 | |
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| 135 | |
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| 136 | 6. If you develop external software components that interface with the |
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| 137 | Software, you may only distribute these components if (a) the external |
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| 138 | software component clearly indicates to the user, via the user interface |
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| 139 | and/or program output, both (i) the role of the Software in the component |
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| 140 | and (ii) where the user may obtain a copy of the Software and (b) the |
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| 141 | external software components do not modify, supplement, or obscure the |
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| 142 | user interface or output of the Software such that the title of the |
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| 143 | Software, the copyrights and trademark notices in the Software, or the |
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| 144 | licensing terms of the Software are removed, hidden, or made less likely |
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| 145 | to be discovered or read. |
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| 146 | |
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| 147 | |
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| 148 | Online Updates |
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| 149 | |
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| 150 | The Software includes the ability to download updates (i.e., additional |
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| 151 | code) from Developer's server(s). These updates may contain bug fixes, |
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| 152 | new functionality, updated Documentation, and/or Extensions. When |
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| 153 | retrieving these updates, the Software may transmit the Software version |
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| 154 | and operating system information from Your computer to the update server. |
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| 155 | The server may record (store) this information, in conjunction with the |
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| 156 | IP (global Internet Protocol) address of the user, in order to attempt to |
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| 157 | maintain accurate end user and version statistics. By using the online |
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| 158 | update feature, You hereby agree to allow this information to be |
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| 159 | transmitted, recorded, and stored in any nation by or for Developer. |
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| 160 | |
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| 161 | |
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| 162 | Proper Use |
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| 163 | |
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| 164 | As an express condition of this License, You agree that You will use the |
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| 165 | Software -solely- in compliance with all then-applicable local, state, |
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| 166 | national, and international laws, rules and regulations as may be amended |
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| 167 | or supplemented from time to time, including any then-current laws and/or |
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| 168 | regulations regarding the transmission and/or encryption of technical |
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| 169 | data exported from or imported into Your country of residence. Violation |
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| 170 | of any of the foregoing will result in immediate, automatic termination |
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| 171 | of this License without notice, and may subject You to state, national |
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| 172 | and/or international penalties and other legal consequences. |
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| 173 | |
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| 174 | |
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| 175 | Intellectual Property Ownership |
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| 176 | |
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| 177 | The Software is licensed, not sold. Developer retains exclusive ownership |
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| 178 | of all worldwide copyrights, trade secrets, patents, and all other |
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| 179 | intellectual property rights throughout the world and all applications |
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| 180 | and registrations therefor, in and to the Software and any full or |
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| 181 | partial copies thereof, including any additions thereto. You acknowledge |
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| 182 | that, except for the limited license rights expressly provided in this |
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| 183 | Agreement, no right, title, or interest to the intellectual property in |
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| 184 | the Software or Documentation is provided to You, and that You do not |
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| 185 | obtain any rights, express or implied, in the Software. All rights in and |
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| 186 | to the Software not expressly granted to You in this Agreement are |
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| 187 | expressly reserved by Developer. Product names, words or phrases |
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| 188 | mentioned in this License or the Software may be trademark(s) or |
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| 189 | servicemark(s) of Developer registered in certain nations and/or of third |
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| 190 | parties. You may not alter or supplement the copyright or trademark |
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| 191 | notices as contained in the Software. |
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| 192 | |
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| 193 | |
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| 194 | License Termination |
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| 195 | |
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| 196 | This License is effective until terminated. This License will terminate |
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| 197 | immediately without notice from Developer if You breach or fail to comply |
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| 198 | with any provision of this License. Upon such termination You must |
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| 199 | destroy the Software, all accompanying written materials, and all copies |
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| 200 | thereof. |
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| 201 | |
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| 202 | |
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| 203 | Limitations of Liability |
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| 204 | |
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| 205 | In no event will Developer, any owner, contributor, agent, business party, |
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| 206 | or other third party affiliated with Developer, be liable to You or any |
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| 207 | third party under any legal theory (including contract, tort, or |
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| 208 | otherwise) for any consequential, incidental, indirect or special damages |
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| 209 | whatsoever (including, without limitation, loss of expected savings, loss |
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| 210 | of confidential information, presence of viruses, damages for loss of |
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| 211 | profits, business interruption, loss of business information and the like |
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| 212 | or otherwise) or any related expense whether foreseeable or not, arising |
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| 213 | out of the use of or inability to use or any failure of the Software or |
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| 214 | accompanying materials, regardless of the basis of the claim and even if |
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| 215 | Developer or Developer's owner, contributor, agent, or business partner |
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| 216 | has been advised of the possibility of such damage. By using the |
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| 217 | Software, You hereby acknowledge that Developer would not offer the |
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| 218 | Software without the inclusion and enforceability of this provision, and |
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| 219 | that You (and not the Developer) are solely responsible for Your network, |
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| 220 | data, and application security testing, planning, audits, updates, and |
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| 221 | training, which require regular analysis, supplementing, and expertise. |
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| 222 | |
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| 223 | |
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| 224 | No Warranty |
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| 225 | |
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| 226 | The Software and this License document are provided AS IS with NO WARRANTY |
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| 227 | OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, |
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| 228 | WITHOUT LIMITATION, THE WARRANTY OF DESIGN, MERCHANTABILITY, TITLE, |
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| 229 | NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. |
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| 230 | |
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| 231 | |
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| 232 | Indemnification |
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| 233 | |
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| 234 | You agree to indemnify, hold harmless, and defend Developer and |
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| 235 | Developer's owners, contributors, agents, and business partners from and |
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| 236 | against any and all claims or actions including reasonable legal expenses |
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| 237 | that arise or result from Your use of or inability to use the Software. |
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| 238 | Developer agrees to notify You and reasonably cooperate with Your defense |
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| 239 | of any third party claim triggering such indemnification. |
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| 240 | |
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| 241 | |
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| 242 | Miscellaneous |
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| 243 | |
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| 244 | If any part of this License is found void and unenforceable, it will not |
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| 245 | affect the validity of the balance of this License, which shall remain |
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| 246 | valid and enforceable to the maximum extent according to its terms. |
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| 247 | |
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| 248 | |
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| 249 | Choice of Law; Venue |
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| 250 | |
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| 251 | This License will be construed, interpreted and governed by the laws of |
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| 252 | Texas, USA, without regard to its conflict of law rules. Any litigation |
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| 253 | related to this License must be filed and heard in the courts for Travis |
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| 254 | County, Texas. |
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