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