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Nmap Public Source License Version 0.9 - Annotated HTML Description
THIS IS JUST A DRAFT OF THE NPSL WHICH MAY OR MAY NOT BE APPLIED TO NMAP SOMEDAY - CURRENT VERSIONS OF NMAP ARE ACTUALLY DISTRIBUTED UNDER THIS LICENSE INSTEAD.
The NPSL itself is rather terse, so we have created this Annotated
HTML Nmap Public Source License in a best-effort attempt to make it
easier to understand. This version includes further explanations and reasoning behind the license terms. These annotations are not part
of the license itself, a legal document, or legal advice. If you need
to know exactly what the license requires, you need to read and
understand the license itself; if you need legal advice, talk to a
lawyer.
The annotations (such as the one you are reading now) should be
rendered as gray boxes to distinguish them from actual license text.
This license is based on the GNU General Public
License, version 2 (Exhibit A). Certain terms and conditions in this license
come from the Apache License,
version 2.0, the RealNetworks Public Source License, and the Academic Free
License, version 3.0.
0. Preamble
The intent of this license is to establish freedom to share and change
the software regulated by this license under the open source model.
It also includes a Contributor Agreement and disclaims any warranty
on Covered Software. Proprietary software companies wishing to use or
incorporate Covered Software within their programs must contact
Licensor to purchase a separate license. Open source developers who
wish to incorporate parts of Covered Software into free software with
conflicting licenses may write Licensor to request a waiver
of terms.
Open source authors: If your license is compatible with this
one, you don't even need to ask us permission in order to incorporate
Nmap or portions of Nmap within your work. But if your license conflicts,
we are sometimes willing to grant permission to use portions of Nmap
under a different license than this one (such as plain GPL). Contact
Fyodor for permission.
Proprietary vendors: This license does not allow you to
redistribute Nmap source code or the executable for use with your software
(stand alone or on an appliance). We do sell licenses which permit
this, and also include support and updates. Dozens of software
vendors already license Nmap technology such as host discovery, port
scanning, OS detection, and version detection. Contact sales@insecure.com for a quote.
This License represents the complete agreement concerning subject
matter hereof. It contains the license terms themselves, but not the
reasoning behind them or detailed explanations. For further
information about this License, see http://nmap.org/npsl/ . That
page makes a good faith attempt to explain this License, but it does
not and can not modify its governing terms in any way.
1. Definitions
- "Contribution" means any work of authorship, including the
original version of the Work and any modifications or additions to
that Work or Derivative Works thereof, that is intentionally submitted
to Licensor by the copyright owner or by an
individual or Legal Entity authorized to submit on behalf of the
copyright owner. For the purposes of this definition, "submitted"
means any form of electronic, verbal, or written communication sent to
the Licensor or its representatives, including but not limited to
communication on electronic mailing lists, source code control
systems, web sites, and issue tracking systems that are managed by, or
on behalf of, the Licensor for the purpose of discussing and improving
the Work, but excluding communication that is conspicuously marked or
otherwise designated in writing by the copyright owner as "Not a
Contribution."
- "Contributor" means Licensor and any individual or Legal Entity
on behalf of whom a Contribution has been received by Licensor and
subsequently incorporated within the Work.
- "Covered Software" means the work of authorship, whether in Source or
Object form, made available under the License, as indicated by a
copyright notice that is included in or attached to the work
- "Derivative Work" or "Collective Work" means any work, whether in
Source or Object form, that is based on (or derived from) the Work and
for which the editorial revisions, annotations, elaborations, or other
modifications represent, as a whole, an original work of authorship.
It includes software as described in Section 3 of this License.
- "Executable" means Covered Software in any form other than Source
Code.
- "Externally Deploy" means to Deploy the Covered Software in any way
that may be accessed or used by anyone other than You, used to provide
any services to anyone other than You, or used in any way to deliver
any content to anyone other than You, whether the Covered Software is
distributed to those parties, made available as an application
intended for use over a computer network, or used to provide services
or otherwise deliver content to anyone other than You.
- "GPL" means the GNU General Public License Version 2, as provided in
Exhibit A.
- "Legal Entity" means the union of the acting entity and all other
entities that control, are controlled by, or are under common control
with that entity. For the purposes of this definition, "control" means
(i) the power, direct or indirect, to cause the direction or
management of such entity, whether by contract or otherwise, or (ii)
ownership of fifty percent (50%) or more of the outstanding shares, or
(iii) beneficial ownership of such entity.
- "License" means this document, including Exhibits.
- "Licensor" means Insecure.Com LLC and its successors and assigns.
- "Main License Body" means all of the terms of this document, excluding
Exhibits.
- "You" (or "Your") means an individual or Legal Entity exercising
permissions granted by this License.
2. General Terms
Covered Software is licensed to you under the terms of the GPL
(Exhibit A), with all the exceptions and clarifications noted in this
Main License Body. Where the terms in this Main License Body conflict
in any way with the GPL, the Main License Body terms shall take
precedence. These exceptions mean that You may not distribute
Covered Software under plain GPL terms without special permission from
Licensor.
You are not required to accept this License. However, nothing else
grants You permission to use, copy, modify or distribute the software
or its derivative works. These actions are prohibited by law if You do
not accept this License. Therefore, by modifying, copying or
distributing the software (or any work based on the software), You
indicate your acceptance of this License to do so, and all its terms
and conditions. In addition, you agree to the terms of this License by
clicking the Accept button or downloading the software.
3. Derivative Works
This License (including the GPL portion) places important
restrictions on derived works. Licensor interprets that term quite
broadly. To avoid any misunderstandings, we consider software
to constitute a "derivative work" of Nmap for the purposes of this
license if it does any of the following:
- Integrates source code from Nmap
- Reads or includes Nmap copyrighted data files, such as
nmap-os-db or nmap-service-probes.
- Is designed specifically to execute Nmap and parse the results (as
opposed to typical shell or execution-menu apps, which will execute
anything you tell them to).
- Includes Nmap in a proprietary executable installer. The
installers produced by InstallShield are an example of this.
Including Nmap with other software in compressed or archival form
does not trigger this provision, provided appropriate open source
decompression or de-archiving software is widely available for no
charge.
- Links (statically or dynamically) to a library which does any of
the above
- Executes a helper program to do any of the above.
This list is not exclusive, but is meant to clarify Licensor's
intentions with some common examples. Distribution of any works which
meet these criteria must abide by all restrictions that the GPL places
on derivative or collective works, including the requirements for
distributing their source code under compatable terms and allowing
royalty-free redistribution. Such redistributed works must also carry
forward all of the terms of this Main License Body.
The idea here is to prevent companies from using open source Nmap
in their proprietary software or appliances. Some have in the past
distributed Nmap executables as part of expensive proprietary products
and refused to make the source available, claiming a loophole
based on strange interpretations of the GPL definition of derivative
and collective works. If companies take value from Nmap, they need to
contribute back to the project and the open source community by either
making their product/project open source or buying a commercial
license.
4. Contributor Agreement (Grant of Copyright and Patent Licenses)
Each Contributor hereby grants to Licensor a perpetual, worldwide,
non-exclusive, no-charge, royalty-free, irrevocable copyright license
to reproduce, prepare Derivative Works of, publicly display, publicly
perform, sublicense, and distribute the Contribution and such
Derivative Works in Source or Object form.
Each Contributor hereby grants to You and Licensor a perpetual,
worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except
as stated in this section) patent license to make, have made, use,
offer to sell, sell, import, and otherwise transfer the Work, where
such license applies only to those patent claims licensable by such
Contributor that are necessarily infringed by their Contribution(s)
alone or by combination of their Contribution(s) with the Work to
which such Contribution(s) was submitted. If You institute patent
litigation against any entity (including a cross-claim or counterclaim
in a lawsuit) alleging that the Work or a Contribution incorporated
within the Work constitutes direct or contributory patent
infringement, then any patent licenses granted to You under this
License for that Work shall terminate as of the date such litigation
is filed.
Contributors may impose different terms on their Contributions by
stating those terms in writing at the time the Contribution is made.
Contributors may withhold all authority from Licensor to incorporate
submissions by conspicuously marking or otherwise designating them in
writing as "Not a Contribution" at the time they make the work available.
We absolutely encourage and appreciate code contributions! But we
generally can't accept them with strings attached. It isn't fair to
contribute code to Nmap, then sue the users because you claim that
code violates a patent you hold. Similarly, we can't have people
sending patches to the Nmap development list, then claiming copyright
violation when we incorporate and redistribute them in Nmap. It is
also important that we retain full rights to relicense new versions of
Nmap, including incorporated Contributions. The inability to
relicense code has caused devastating problems for other Free Software
projects (such as KDE and NASM). We also make changes to this license
from time to time, and we might move to GPLv3 when it is available.
In addition, we sell commercial licenses under different terms, and we
sometimes grant special licenses to other open source projects for
license compatibility. Note that we cannot revoke or change the
license for previously distributed versions of Nmap.
In addition to granting rights to us and all Nmap users, you retain
the rights as copyright holder to use your changes as you desire. If
you don't want us to incorporate your changes into Nmap under these
terms, either say so when you submit them or don't submit them at all.
5. Disclaimer of Warranty and Limitation of Liability
Unless required by applicable law or agreed to in writing, Licensor
provides the Covered Software (and each Contributor provides its Contributions) on
an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either
express or implied, including, without limitation, any warranties or
conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR
A PARTICULAR PURPOSE. You are solely responsible for determining the
appropriateness of using or redistributing the Covered Software and assume any
risks associated with Your exercise of permissions under this License.
In no event and under no legal theory, whether in tort (including
negligence), contract, or otherwise, unless required by applicable law
(such as deliberate and grossly negligent acts) or agreed to in
writing, shall any Contributor be liable to You for damages, including
any direct, indirect, special, incidental, or consequential damages of
any character arising as a result of this License or out of the use or
inability to use the Covered Software (including but not limited to damages for
loss of goodwill, work stoppage, computer failure or malfunction, or
any and all other commercial damages or losses), even if such
Contributor has been advised of the possibility of such damages.
6. External Deployment
Some open source licenses require that any hosted solutions using
the product must also be open source. We only ask that you give Nmap
credit if you externally deploy it.
If You Externally Deploy Covered Software, such as hosting a
website designed to execute Nmap scans for users, the system and its
documentation must, if technically feasible, prominently display a
notice stating that the system uses the Nmap Security Scanner to
perform its tasks. If technically feasible, the notice must contain a
hyperlink to http://nmap.org/ or provide that URL in the text.
7. Trademarks
This License does not grant permission to use the trade names,
trademarks, service marks, or product names of the Licensor, except as
required for reasonable and customary use in describing the origin of
the Covered Software.
8. Termination for Patent Action
This License shall terminate automatically and You may no longer
exercise any of the rights granted to You by this License as of the
date You commence an action, including a cross-claim or counterclaim,
against Licensor or any licensee alleging that the Covered Software
infringes a patent. This termination provision shall not apply for an
action alleging patent infringement by combinations of the Covered Software
with other software or hardware.
9. Jurisdiction, Venue and Governing Law
This License is governed by the laws of the State of California and
the intellectual property laws of the United States of America,
excluding the jurisdiction's conflict-of-law provisions. Any
litigation or other dispute resolution between You and Licensor
relating to this License shall take place in the Northern District of
California, and You and Licensor hereby consent to the personal
jurisdiction of, and venue in, the state and federal courts within
that District with respect to this License. The application of the
United Nations Convention on Contracts for the International Sale of
Goods is expressly excluded.
10. Permission to link with OpenSSL
Licensee grants permission to link Covered Software with any version of
the OpenSSL library from OpenSSL.Org, and distribute linked
combinations including the two. You must obey this License in all
respects for all code used other than OpenSSL. If you modify Covered
Software, you may extend this exception to your version, but you are not
obligated to do so.
11. Waiver; Construction
Failure by Licensor or any Contributor to
enforce any provision of this License will not be deemed a waiver of
future enforcement of that or any other provision. Any law or
regulation which provides that the language of a contract shall be
construed against the drafter will not apply to this License.
12. Enforceability
If any provision of this License is invalid or unenforceable under
applicable law, it shall not affect the validity or enforceability of
the remainder of the terms of this License, and without further action
by the parties hereto, such provision shall be reformed to the minimum
extent necessary to make such provision valid and enforceable.
Exhibit A. The GNU General Public License Version 2
[The GPL text is omitted from this annotated license document
because you can find it in many formats here.
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