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

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