Open Source Initiative OSI - Frameworx License 1.0:Licensing

Submitted by nelson on Tue, 2006-10-31 04:56. ::

THE FRAMEWORX OPEN LICENSE 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 style='font-size:10.0pt;mso-bidi-font-size:24.0pt;font-family:Arial;mso-bidi-font-family:
"Times New Roman"'>

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. style="mso-spacerun: yes">
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:

style='font-size:10.0pt;mso-bidi-font-size:12.0pt;font-family:Arial;mso-bidi-font-family:
"Times New Roman"'>(a)    
Frameworx Code Base
means the software developed by The Frameworx Company and made available under
this License Agreement

style='font-size:10.0pt;mso-bidi-font-size:12.0pt;font-family:Arial;mso-bidi-font-family:
"Times New Roman"'>(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.

style='font-size:10.0pt;mso-bidi-font-size:12.0pt;font-family:Arial;mso-bidi-font-family:
"Times New Roman"'>(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.
style='font-size:10.0pt;mso-bidi-font-size:12.0pt;font-family:Arial;mso-bidi-font-family:
"Times New Roman"'>

style='font-size:10.0pt;mso-bidi-font-size:12.0pt;font-family:Arial;mso-bidi-font-family:
"Times New Roman"'>(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:

style='font-size:10.0pt;mso-bidi-font-size:12.0pt;font-family:Arial;mso-bidi-font-family:
"Times New Roman"'>(a)    
use the Frameworx
Code Base, in either Source Code or machine-readable form;

style='font-size:10.0pt;mso-bidi-font-size:12.0pt;font-family:Arial;mso-bidi-font-family:
"Times New Roman"'>(b)    
make modifications,
additions and deletions to the content or structure of the Frameworx Code Base;
or

style='font-size:10.0pt;mso-bidi-font-size:12.0pt;font-family:Arial;mso-bidi-font-family:
"Times New Roman"'>(c)    
create larger works
or derivative works including the Frameworx Code Base or any portion or element
thereof; and

style='font-size:10.0pt;mso-bidi-font-size:12.0pt;font-family:Arial;mso-bidi-font-family:
"Times New Roman"'>(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:

style='font-size:10.0pt;mso-bidi-font-size:12.0pt;font-family:Arial;mso-bidi-font-family:
"Times New Roman"'>(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.

style='font-size:10.0pt;mso-bidi-font-size:12.0pt;font-family:Arial;mso-bidi-font-family:
"Times New Roman"'>(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.

style='font-size:10.0pt;mso-bidi-font-size:12.0pt;font-family:Arial;mso-bidi-font-family:
"Times New Roman"'>(c)    
All Downstream
Distributions shall:

style='font:7.0pt "Times New Roman"'>                              
(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;

style='font:7.0pt "Times New Roman"'>                            
(ii)           
include, in each file
containing any portion or element of the Frameworx Code Base, the following
identifying legend: style='color:gray'>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
.

style='font:7.0pt "Times New Roman"'>                           
(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;

style='font:7.0pt "Times New Roman"'>                           
(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;

style='font:7.0pt "Times New Roman"'>                             
(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

style='font:7.0pt "Times New Roman"'>                           
(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. style="mso-spacerun: yes">
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 style='color:gray'>http://www.frameworx.com.

4.
Restrictions on Open Downstream Distributions. style="mso-spacerun: yes">
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:

style='font-size:10.0pt;mso-bidi-font-size:12.0pt;font-family:Arial;mso-bidi-font-family:
"Times New Roman"'>(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

style='font-size:10.0pt;mso-bidi-font-size:12.0pt;font-family:Arial;mso-bidi-font-family:
"Times New Roman"'>(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