key: ofrak-community-1.1
short_name: OFRAK Community License Agreement 1.1
name: OFRAK Community License Agreement 1.1
category: Non-Commercial
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:
  - https://github.com/red-balloon-security/ofrak
  - https://ofrak.com/docs/license.html
text: "OFRAK COMMUNITY LICENSE AGREEMENT\nVersion 1.1\nEffective: July 22, 2024\n\nRED BALLOON\
  \ SECURITY, INC., A DELAWARE CORPORATION, WITH AN ADDRESS AT 639 11TH\nAVENUE, 4TH FLOOR,\
  \ NEW YORK, NY 10036, USA (\"RED BALLOON\") LICENSES OFRAK AND\nRELATED DOCUMENTATION PURSUANT\
  \ TO THE OFRAK COMMUNITY LICENSE AGREEMENT\n(COLLECTIVELY WITH THE REGISTRATION FORM, THIS\
  \ \"AGREEMENT\"). READ THIS\nAGREEMENT CAREFULLY BEFORE ACCESSING, INSTALLING, COPYING AND\
  \ USING OFRAK UNDER\nTHE OFRAK COMMUNITY AGREEMENT. BY TYPING \"I AGREE\" ON THE REGISTRATION\
  \ FORM, OR\nOTHERWISE ACCESSING, INSTALLING, COPYING OR OTHERWISE USING OFRAK, YOU\n(\"LICENSEE\"\
  ) AGREE THAT THE REGISTRATION FORM SHALL BE DEEMED TO BE MUTUALLY\nEXECUTED AND THE REGISTRATION\
  \ FORM SHALL BE INCORPORATED INTO AND BECOME A\nMATERIAL PART OF THE OFRAK COMMUNITY LICENSE\
  \ AGREEMENT BETWEEN LICENSEE AND RED\nBALLOON LOCATED AT https://ofrak.com/docs/license.html.\
  \ YOU REPRESENT THAT YOU\nARE AUTHORIZED TO ACCEPT THIS AGREEMENT ON BEHALF OF LICENSEE. IF\
  \ LICENSEE DOES\nNOT AGREE TO THE FOREGOING TERMS AND CONDITIONS, DO NOT TYPE \"I AGREE\"\
  , OR\nOTHERWISE ACCESS, INSTALL, COPY OR USE OFRAK.\n\n1.\tDefinitions.\n\n1.1\t\"OFRAK\"\
  \ consists of (a) the source code repository for OFRAK, which can\nbe found at https://github.com/red-balloon-security/ofrak;\
  \ (b) the following\nPython packages, which are also available via PyPI, the Python Package\
  \ Index:\nofrak, ofrak_components, ofrak_io, ofrak_type, ofrak_patch_maker, ofrak_angr,\n\
  ofrak_binary_ninja, ofrak_ghidra; (c) the OFRAK graphical user interface (GUI);\nand (d) OFRAK\
  \ documentation. OFRAK includes all updates, improvements, APIs and\nadd-ons provided by Red\
  \ Balloon with respect thereto that Red Balloon makes\navailable to Licensee under this OFRAK\
  \ Pro Agreement.  OFRAK is presently made\navailable in three formats:  (i) source code repository,\
  \ (ii) PyPI Packages and\n(iii) Docker images with dependencies preinstalled.\n\n1.2\t\"Academic\
  \ Purposes\" means use within a non-profit academic institution\nby its then-current faculty\
  \ and students for the purposes of non-profit\nscholarly research, classroom and education,\
  \ and not any other use (including\nwithout limitation, directly or indirectly in connection\
  \ with any commercial\nactivity such as, for example, sponsored research or consulting services).\n\
  Shared Use of OFRAK for an Academic Purpose is permitted only when (a) used for\neducational\
  \ purposes, (b) access is restricted and not provided to the general\npublic, (c) access is\
  \ limited to employees and/or students of the same\ninstitution involved in a specific educational\
  \ activity, and (d) all users\naccept and are subject to this Agreement.\n\n1.3\t\"Non-Commercial\
  \ Use\" means personal research, evaluation, or\ndevelopment use by an individual, and not\
  \ use by or on behalf of any commercial\nentity or organization or directly or indirectly\
  \ in connection with any\ncommercial activity.  For clarity, you cannot make money off of\
  \ redistributing\nOFRAK code (including Derivatives), OFRAK analysis, OFRAK-modified binaries,\
  \ or\nother OFRAK outputs.  Non-Commercial Use also excludes any Shared Use.\n\n1.4\t\"Commercial\
  \ Use\" means any use other than Academic Purposes or\nNon-Commercial Use, including, without\
  \ limitation, use for any commercial\npurpose or by any commercial entity, including without\
  \ limitation\nredistributing the OFRAK code (including Derivatives), OFRAK analysis,\nOFRAK-modified\
  \ binaries, or other OFRAK outputs for any monetary or other\ncommercial consideration.\n\n\
  1.5\t\"Derivatives\" means any modifications, additions, enhancements, or\nderivative works\
  \ of OFRAK or any component thereof.  For purposes of this\nAgreement, Derivatives shall not\
  \ include works that remain separable from, or\nmerely link to, the interfaces of OFRAK or\
  \ any Derivatives.\n\n1.6\t\"Shared Use\" means  any use of OFRAK where the person who set\
  \ up a\nparticular instance of OFRAK is not the same person interacting with that\ninstance\
  \ of OFRAK, or where a single instance of OFRAK is used by more than one\nperson (whether\
  \ on the same or different occasions). This includes, but is not\nlimited to, the use of OFRAK\
  \ on a server that is accessible by more than one\nperson, or by any person other than the\
  \ person who set up the use of OFRAK on\nthe said server.\n\n2.\tLicense.  Subject to the\
  \ terms and conditions of this Agreement, Red\nBalloon grants to you a nonexclusive, nonsublicensable,\
  \ nontransferable,\nno-charge, royalty-free, limited license to install, use, copy, modify,\
  \ create\nderivative works of OFRAK only for (a) Academic Purposes and (b) Non-Commercial\n\
  Use and to share Derivatives (i) publicly within the community (via publicly\navailable forks\
  \ on GitHub.com), (ii) for Shared Use for an Academic Purpose,\nand (iii) with Red Balloon,\
  \ for the purposes stated in this Agreement.  For\nclarity, the foregoing license does not\
  \ grant to you any right or license to\ncommercialize, distribute or use OFRAK, Derivatives,\
  \ OFRAK code, OFRAK\nanalysis, OFRAK-modified binaries, or other OFRAK outputs for any other\
  \ purpose\nwhatsoever, including Commercial Use, other than Academic Purposes or\nNon-Commercial\
  \ Use. In the event that you wish to use OFRAK for any other\npurpose, including Commercial\
  \ Use, you need to contact Red Balloon and enter\ninto a separate OFRAK Pro License, OFRAK\
  \ Enterprise License or other custom\nagreement. Except for the limited rights and licenses\
  \ expressly granted\nhereunder, no other license is granted, no other use is permitted.\n\n\
  3.\tDerivatives.  To the extent that you prepare or create any Derivatives,\nyou shall and\
  \ hereby grant to (a) all users of OFRAK a right and license to\nsuch Derivatives upon the\
  \ terms and conditions set forth in this Agreement and\n(b) Red Balloon a perpetual, fully\
  \ paid-up, royalty-free, worldwide and\nirrevocable, right and license to use, copy, modify,\
  \ enhance, prepare\nderivative works of, distribute, with unlimited right to sublicense, make,\
  \ have\nmade, sell, have sold, import, export and otherwise commercialize such\nDerivatives.\
  \  You acknowledge that Red Balloon may, but is not obligated to,\ninclude your Derivatives\
  \ in, and otherwise incorporate your Derivatives into,\nthe core OFRAK codebase.  In the event\
  \ that you create Derivatives, you must\n(i) retain all copyright and other proprietary rights\
  \ licenses included in the\noriginal OFRAK code, and any other Derivatives, and (ii) make\
  \ it clear that you\nmodified the original version of OFRAK.  Red Balloon encourages you to\
  \ make\nyour Derivatives available to the community by forking the OFRAK source code\nrepository\
  \ on GitHub and publishing your Derivatives on your forked repository,\nbut you are not required\
  \ to do so.  You represent and warrant that you have\nsufficient rights to any Derivatives\
  \ and are legally entitled to grant the\nabove rights and licenses. If you are an individual\
  \ and your\nemployer(s)/institution(s) have rights to intellectual property that you create\n\
  that includes your Derivatives, you represent that you have received permission\nto make and\
  \ contribute Derivatives on behalf of that employer/institution.\n\n4.\tOwnership; Restrictions.\
  \  Except as expressly and unambiguously set\nforth herein, Red Balloon and its licensors\
  \ and contributors retain all right,\ntitle and interest in and to OFRAK, Derivatives prepared\
  \ or created by Red\nBalloon, all copies, modifications and derivative works thereof, including\n\
  without limitation, all rights to patent, copyright, trade secret and other\nproprietary or\
  \ intellectual property rights related to any of the foregoing.\nTo the extent that Licensee\
  \ creates any Derivatives, subject to the rights and\nlicenses granted herein, Licensee retains\
  \ ownership of all right, title and\ninterest in and to such Derivatives prepared or created\
  \ by Licensee, including\nwithout limitation, all intellectual property rights related to\
  \ any of the\nforegoing.  Licensee will maintain the copyright notice and any other notices\n\
  or identifications that appear on or in OFRAK and any Derivatives or any other\nmedia or documentation\
  \ that is subject to this OFRAK Pro Agreement.  Licensee\nwill not (and will not allow any\
  \ third party to):  (a) use OFRAK or any\nDerivatives, except as expressly permitted in this\
  \ OFRAK Pro Agreement, (b)\nprovide, lease, lend, disclose, use for timesharing or service\
  \ bureau purposes,\nor otherwise use or allow others to use for the benefit of any third party,\n\
  OFRAK, (c) possess or use OFRAK, or allow the transfer, transmission, export,\nor re-export\
  \ of OFRAK or portion thereof in violation of any export control\nlaws or regulations administered\
  \ by the U.S. Commerce Department, U.S. Treasury\nDepartment’s Office of Foreign Assets Control,\
  \ or any other government agency,\n(d) use OFRAK in any way that violates any applicable law,\
  \ rule or regulation\nor for any illegal use or activity, or (e) seek any patent or other\n\
  intellectual property rights or protections over or in connection with OFRAK or\nany Derivatives\
  \ that Licensee prepares or creates.\n\n5.\tFeedback.  In addition to Derivatives, you may,\
  \ from time to time and\nin your sole discretion, make suggestions for changes, modifications\
  \ or\nimprovements to OFRAK (\"Feedback\").  Red Balloon shall have an irrevocable,\nperpetual,\
  \ worldwide, sublicenseable, transferable, full paid-up, royalty free\nright and license to\
  \ use, distribute and otherwise exploit all Feedback for any\npurpose.\n\n6.\tNo Cost License.\
  \  OFRAK and any Derivatives provided pursuant to this\nAgreement shall be provided during\
  \ the Term at no charge to you.  7.\nServices.  No training or support services are provided\
  \ under this Agreement.\nRed Balloon may in its discretion respond to support inquiries through\
  \ Red\nBalloon’s support channels, such as Slack.\n\n8.\tTerm and Termination.  This Agreement\
  \ shall commence upon the initial\ndownload of OFRAK and shall continue until and unless terminated\
  \ as set forth\nherein (the \"Term\").  This Agreement may be terminated by Red Balloon\n\
  immediately upon notice to you in the event that you breach any term or\ncondition of this\
  \ Agreement. Upon any termination, you shall immediately cease\nall use of OFRAK.  This sentence\
  \ and the following provisions will survive\ntermination: 1, 3 - 5 and 9 - 12.  Termination\
  \ is not an exclusive remedy and\nall other remedies will remain available.\n\n9.\tWarranty\
  \ Disclaimer.  The parties acknowledge that OFRAK is provided\n\"AS IS\" and may not be functional\
  \ on any machine or in any environment.\nNEITHER RED BALLOON NOR ANY CONTRIBUTOR OF ANY DERIVATIVES\
  \ MAKE ANY WARRANTIES,\nEXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY\
  \ OR\nOTHERWISE, AND RED BALLOON AND ANY CONTRIBUTOR OF ANY DERIVATIVES EXPRESSLY\nEXCLUDES\
  \ AND DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A\nPARTICULAR PURPOSE, TITLE,\
  \ ACCURACY, FREEDOM FROM ERRORS, FREEDOM FROM\nPROGRAMMING DEFECTS, NONINTERFERENCE AND NONINFRINGEMENT,\
  \ AND ALL IMPLIED\nWARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE AND\
  \ USAGE OF\nTRADE.  THIS AGREEMENT IS NOT INTENDED FOR USE OF OFRAK IN HAZARDOUS\nENVIRONMENTS\
  \ REQUIRING FAIL-SAFE PERFORMANCE WHERE THE FAILURE OF OFRAK COULD\nLEAD DIRECTLY TO DEATH,\
  \ PERSONAL INJURY, OR SIGNIFICANT PHYSICAL OR\nENVIRONMENTAL DAMAGE (\"HIGH RISK ACTIVITIES\"\
  ).  USE OF OFRAK IN HIGH RISK\nACTIVITIES IS NOT AUTHORIZED PURSUANT TO THIS AGREEMENT.  THE\
  \ PARTIES AGREE\nTHAT THIS SECTION 9 REPRESENTS A REASONABLE ALLOCATION OF RISK AND THAT RED\n\
  BALLOON WOULD NOT PROCEED IN THE ABSENCE OF SUCH ALLOCATION.\n\n10.\tLimitations.  NEITHER\
  \ RED BALLOON NOR ANY CONTRIBUTOR OF DERIVATIVES\nSHALL BE RESPONSIBLE OR LIABLE WITH RESPECT\
  \ TO ANY SUBJECT MATTER OF THIS\nAGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY\
  \ CONTRACT,\nNEGLIGENCE, STRICT LIABILITY OR OTHER THEORY (A) FOR LOSS OR INACCURACY OF\n\
  DATA, OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (B)\nFOR ANY DIRECT,\
  \ INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR\nCONSEQUENTIAL DAMAGES INCLUDING,\
  \ BUT NOT LIMITED TO, LOSS OF REVENUES AND LOSS\nOF PROFITS TO LICENSEE OR ANY THIRD PARTIES;\
  \ (C) FOR ANY MATTER BEYOND ITS\nREASONABLE CONTROL OR (D) FOR USE YOU OR OTHERS MAY MAKE\
  \ OF OFRAK, EVEN IF\nADVISED OF THE POSSIBILITY OF SUCH DAMAGES.\n\n11.\tIndemnification.\
  \  You agree that (a) Red Balloon and any contributors\nshall have no liability whatsoever\
  \ for your use of OFRAK or any Derivatives and\n(b) you shall indemnify, and hold harmless,\
  \ and (upon request) defend Red\nBalloon and any other user or contributor from and against\
  \ any and all claims,\ndamages, liabilities, losses, and costs (including reasonable attorneys’\
  \ fees)\nsuffered or incurred by such party which arise from or relate to your (i) use\nof\
  \ OFRAK or Derivatives, or (ii) breach of this Agreement.\n\n12.\tMiscellaneous.  Neither\
  \ this Agreement nor the licenses granted\nhereunder are assignable or transferable by you;\
  \ any attempt to do so shall be\nvoid.  Red Balloon may assign this Agreement in whole or\
  \ in part.  Any notice,\nreport, approval or consent required or permitted hereunder shall\
  \ be in\nwriting.  The provisions hereof are for the benefit of the parties only and not\n\
  for any other person or entity. If any provision of this Agreement shall be\nadjudged by any\
  \ court of competent jurisdiction to be unenforceable or invalid,\nthat provision shall be\
  \ limited or eliminated to the minimum extent necessary\nso that this Agreement shall otherwise\
  \ remain in full force and effect and\nenforceable.  This Agreement shall be deemed to have\
  \ been made in, and shall be\nconstrued pursuant to the laws of the State of New York, without\
  \ regard to\nconflicts of laws provisions thereof, and without regard to the United Nations\n\
  Convention on the International Sale of Goods or the Uniform Computer\nInformation Transactions\
  \ Act. Any waivers or amendments shall be effective only\nif made in writing.  This Agreement\
  \ is the complete and exclusive statement of\nthe mutual understanding of the parties and\
  \ supersedes and cancels all previous\nwritten and oral agreements and communications relating\
  \ to the subject matter\nof this Agreement."