LicenseDB: ofrak-community-1.1

back to list - yml - json - text - edit License
key
ofrak-community-1.1
short_name
OFRAK Community License Agreement 1.1
name
OFRAK Community License Agreement 1.1
category
Proprietary Free
owner
Red Balloon Security
homepage_url
https://github.com/redballoonsecurity/ofrak/blob/master/LICENSE
spdx_license_key
LicenseRef-scancode-ofrak-community-1.1
faq_url
https://ofrak.com/license/
ignorable_authors
Red Balloon
ignorable_urls
license_text
OFRAK COMMUNITY LICENSE AGREEMENT
Version 1.1
Effective: July 22, 2024

RED BALLOON SECURITY, INC., A DELAWARE CORPORATION, WITH AN ADDRESS AT 639 11TH
AVENUE, 4TH FLOOR, NEW YORK, NY 10036, USA ("RED BALLOON") LICENSES OFRAK AND
RELATED DOCUMENTATION PURSUANT TO THE OFRAK COMMUNITY LICENSE AGREEMENT
(COLLECTIVELY WITH THE REGISTRATION FORM, THIS "AGREEMENT"). READ THIS
AGREEMENT CAREFULLY BEFORE ACCESSING, INSTALLING, COPYING AND USING OFRAK UNDER
THE OFRAK COMMUNITY AGREEMENT. BY TYPING "I AGREE" ON THE REGISTRATION FORM, OR
OTHERWISE ACCESSING, INSTALLING, COPYING OR OTHERWISE USING OFRAK, YOU
("LICENSEE") AGREE THAT THE REGISTRATION FORM SHALL BE DEEMED TO BE MUTUALLY
EXECUTED AND THE REGISTRATION FORM SHALL BE INCORPORATED INTO AND BECOME A
MATERIAL PART OF THE OFRAK COMMUNITY LICENSE AGREEMENT BETWEEN LICENSEE AND RED
BALLOON LOCATED AT https://ofrak.com/docs/license.html. YOU REPRESENT THAT YOU
ARE AUTHORIZED TO ACCEPT THIS AGREEMENT ON BEHALF OF LICENSEE. IF LICENSEE DOES
NOT AGREE TO THE FOREGOING TERMS AND CONDITIONS, DO NOT TYPE "I AGREE", OR
OTHERWISE ACCESS, INSTALL, COPY OR USE OFRAK.

1.	Definitions.

1.1	"OFRAK" consists of (a) the source code repository for OFRAK, which can
be found at https://github.com/red-balloon-security/ofrak; (b) the following
Python packages, which are also available via PyPI, the Python Package Index:
ofrak, ofrak_components, ofrak_io, ofrak_type, ofrak_patch_maker, ofrak_angr,
ofrak_binary_ninja, ofrak_ghidra; (c) the OFRAK graphical user interface (GUI);
and (d) OFRAK documentation. OFRAK includes all updates, improvements, APIs and
add-ons provided by Red Balloon with respect thereto that Red Balloon makes
available to Licensee under this OFRAK Pro Agreement.  OFRAK is presently made
available in three formats:  (i) source code repository, (ii) PyPI Packages and
(iii) Docker images with dependencies preinstalled.

1.2	"Academic Purposes" means use within a non-profit academic institution
by its then-current faculty and students for the purposes of non-profit
scholarly research, classroom and education, and not any other use (including
without limitation, directly or indirectly in connection with any commercial
activity such as, for example, sponsored research or consulting services).
Shared Use of OFRAK for an Academic Purpose is permitted only when (a) used for
educational purposes, (b) access is restricted and not provided to the general
public, (c) access is limited to employees and/or students of the same
institution involved in a specific educational activity, and (d) all users
accept and are subject to this Agreement.

1.3	"Non-Commercial Use" means personal research, evaluation, or
development use by an individual, and not use by or on behalf of any commercial
entity or organization or directly or indirectly in connection with any
commercial activity.  For clarity, you cannot make money off of redistributing
OFRAK code (including Derivatives), OFRAK analysis, OFRAK-modified binaries, or
other OFRAK outputs.  Non-Commercial Use also excludes any Shared Use.

1.4	"Commercial Use" means any use other than Academic Purposes or
Non-Commercial Use, including, without limitation, use for any commercial
purpose or by any commercial entity, including without limitation
redistributing the OFRAK code (including Derivatives), OFRAK analysis,
OFRAK-modified binaries, or other OFRAK outputs for any monetary or other
commercial consideration.

1.5	"Derivatives" means any modifications, additions, enhancements, or
derivative works of OFRAK or any component thereof.  For purposes of this
Agreement, Derivatives shall not include works that remain separable from, or
merely link to, the interfaces of OFRAK or any Derivatives.

1.6	"Shared Use" means  any use of OFRAK where the person who set up a
particular instance of OFRAK is not the same person interacting with that
instance of OFRAK, or where a single instance of OFRAK is used by more than one
person (whether on the same or different occasions). This includes, but is not
limited to, the use of OFRAK on a server that is accessible by more than one
person, or by any person other than the person who set up the use of OFRAK on
the said server.

2.	License.  Subject to the terms and conditions of this Agreement, Red
Balloon grants to you a nonexclusive, nonsublicensable, nontransferable,
no-charge, royalty-free, limited license to install, use, copy, modify, create
derivative works of OFRAK only for (a) Academic Purposes and (b) Non-Commercial
Use and to share Derivatives (i) publicly within the community (via publicly
available forks on GitHub.com), (ii) for Shared Use for an Academic Purpose,
and (iii) with Red Balloon, for the purposes stated in this Agreement.  For
clarity, the foregoing license does not grant to you any right or license to
commercialize, distribute or use OFRAK, Derivatives, OFRAK code, OFRAK
analysis, OFRAK-modified binaries, or other OFRAK outputs for any other purpose
whatsoever, including Commercial Use, other than Academic Purposes or
Non-Commercial Use. In the event that you wish to use OFRAK for any other
purpose, including Commercial Use, you need to contact Red Balloon and enter
into a separate OFRAK Pro License, OFRAK Enterprise License or other custom
agreement. Except for the limited rights and licenses expressly granted
hereunder, no other license is granted, no other use is permitted.

3.	Derivatives.  To the extent that you prepare or create any Derivatives,
you shall and hereby grant to (a) all users of OFRAK a right and license to
such Derivatives upon the terms and conditions set forth in this Agreement and
(b) Red Balloon a perpetual, fully paid-up, royalty-free, worldwide and
irrevocable, right and license to use, copy, modify, enhance, prepare
derivative works of, distribute, with unlimited right to sublicense, make, have
made, sell, have sold, import, export and otherwise commercialize such
Derivatives.  You acknowledge that Red Balloon may, but is not obligated to,
include your Derivatives in, and otherwise incorporate your Derivatives into,
the core OFRAK codebase.  In the event that you create Derivatives, you must
(i) retain all copyright and other proprietary rights licenses included in the
original OFRAK code, and any other Derivatives, and (ii) make it clear that you
modified the original version of OFRAK.  Red Balloon encourages you to make
your Derivatives available to the community by forking the OFRAK source code
repository on GitHub and publishing your Derivatives on your forked repository,
but you are not required to do so.  You represent and warrant that you have
sufficient rights to any Derivatives and are legally entitled to grant the
above rights and licenses. If you are an individual and your
employer(s)/institution(s) have rights to intellectual property that you create
that includes your Derivatives, you represent that you have received permission
to make and contribute Derivatives on behalf of that employer/institution.

4.	Ownership; Restrictions.  Except as expressly and unambiguously set
forth herein, Red Balloon and its licensors and contributors retain all right,
title and interest in and to OFRAK, Derivatives prepared or created by Red
Balloon, all copies, modifications and derivative works thereof, including
without limitation, all rights to patent, copyright, trade secret and other
proprietary or intellectual property rights related to any of the foregoing.
To the extent that Licensee creates any Derivatives, subject to the rights and
licenses granted herein, Licensee retains ownership of all right, title and
interest in and to such Derivatives prepared or created by Licensee, including
without limitation, all intellectual property rights related to any of the
foregoing.  Licensee will maintain the copyright notice and any other notices
or identifications that appear on or in OFRAK and any Derivatives or any other
media or documentation that is subject to this OFRAK Pro Agreement.  Licensee
will not (and will not allow any third party to):  (a) use OFRAK or any
Derivatives, except as expressly permitted in this OFRAK Pro Agreement, (b)
provide, lease, lend, disclose, use for timesharing or service bureau purposes,
or otherwise use or allow others to use for the benefit of any third party,
OFRAK, (c) possess or use OFRAK, or allow the transfer, transmission, export,
or re-export of OFRAK or portion thereof in violation of any export control
laws or regulations administered by the U.S. Commerce Department, U.S. Treasury
Department’s Office of Foreign Assets Control, or any other government agency,
(d) use OFRAK in any way that violates any applicable law, rule or regulation
or for any illegal use or activity, or (e) seek any patent or other
intellectual property rights or protections over or in connection with OFRAK or
any Derivatives that Licensee prepares or creates.

5.	Feedback.  In addition to Derivatives, you may, from time to time and
in your sole discretion, make suggestions for changes, modifications or
improvements to OFRAK ("Feedback").  Red Balloon shall have an irrevocable,
perpetual, worldwide, sublicenseable, transferable, full paid-up, royalty free
right and license to use, distribute and otherwise exploit all Feedback for any
purpose.

6.	No Cost License.  OFRAK and any Derivatives provided pursuant to this
Agreement shall be provided during the Term at no charge to you.  7.
Services.  No training or support services are provided under this Agreement.
Red Balloon may in its discretion respond to support inquiries through Red
Balloon’s support channels, such as Slack.

8.	Term and Termination.  This Agreement shall commence upon the initial
download of OFRAK and shall continue until and unless terminated as set forth
herein (the "Term").  This Agreement may be terminated by Red Balloon
immediately upon notice to you in the event that you breach any term or
condition of this Agreement. Upon any termination, you shall immediately cease
all use of OFRAK.  This sentence and the following provisions will survive
termination: 1, 3 - 5 and 9 - 12.  Termination is not an exclusive remedy and
all other remedies will remain available.

9.	Warranty Disclaimer.  The parties acknowledge that OFRAK is provided
"AS IS" and may not be functional on any machine or in any environment.
NEITHER RED BALLOON NOR ANY CONTRIBUTOR OF ANY DERIVATIVES MAKE ANY WARRANTIES,
EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR
OTHERWISE, AND RED BALLOON AND ANY CONTRIBUTOR OF ANY DERIVATIVES EXPRESSLY
EXCLUDES AND DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, ACCURACY, FREEDOM FROM ERRORS, FREEDOM FROM
PROGRAMMING DEFECTS, NONINTERFERENCE AND NONINFRINGEMENT, AND ALL IMPLIED
WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE AND USAGE OF
TRADE.  THIS AGREEMENT IS NOT INTENDED FOR USE OF OFRAK IN HAZARDOUS
ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE WHERE THE FAILURE OF OFRAK COULD
LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SIGNIFICANT PHYSICAL OR
ENVIRONMENTAL DAMAGE ("HIGH RISK ACTIVITIES").  USE OF OFRAK IN HIGH RISK
ACTIVITIES IS NOT AUTHORIZED PURSUANT TO THIS AGREEMENT.  THE PARTIES AGREE
THAT THIS SECTION 9 REPRESENTS A REASONABLE ALLOCATION OF RISK AND THAT RED
BALLOON WOULD NOT PROCEED IN THE ABSENCE OF SUCH ALLOCATION.

10.	Limitations.  NEITHER RED BALLOON NOR ANY CONTRIBUTOR OF DERIVATIVES
SHALL BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS
AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT,
NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY (A) FOR LOSS OR INACCURACY OF
DATA, OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (B)
FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR
CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUES AND LOSS
OF PROFITS TO LICENSEE OR ANY THIRD PARTIES; (C) FOR ANY MATTER BEYOND ITS
REASONABLE CONTROL OR (D) FOR USE YOU OR OTHERS MAY MAKE OF OFRAK, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.	Indemnification.  You agree that (a) Red Balloon and any contributors
shall have no liability whatsoever for your use of OFRAK or any Derivatives and
(b) you shall indemnify, and hold harmless, and (upon request) defend Red
Balloon and any other user or contributor from and against any and all claims,
damages, liabilities, losses, and costs (including reasonable attorneys’ fees)
suffered or incurred by such party which arise from or relate to your (i) use
of OFRAK or Derivatives, or (ii) breach of this Agreement.

12.	Miscellaneous.  Neither this Agreement nor the licenses granted
hereunder are assignable or transferable by you; any attempt to do so shall be
void.  Red Balloon may assign this Agreement in whole or in part.  Any notice,
report, approval or consent required or permitted hereunder shall be in
writing.  The provisions hereof are for the benefit of the parties only and not
for any other person or entity. If any provision of this Agreement shall be
adjudged by any court of competent jurisdiction to be unenforceable or invalid,
that provision shall be limited or eliminated to the minimum extent necessary
so that this Agreement shall otherwise remain in full force and effect and
enforceable.  This Agreement shall be deemed to have been made in, and shall be
construed pursuant to the laws of the State of New York, without regard to
conflicts of laws provisions thereof, and without regard to the United Nations
Convention on the International Sale of Goods or the Uniform Computer
Information Transactions Act. Any waivers or amendments shall be effective only
if made in writing.  This Agreement is the complete and exclusive statement of
the mutual understanding of the parties and supersedes and cancels all previous
written and oral agreements and communications relating to the subject matter
of this Agreement.