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Update to OSMF EULA v1.1
Resolves 9230
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OSMFEULA.txt

Lines changed: 33 additions & 32 deletions
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@@ -11,53 +11,54 @@ Binary Release, User agrees to be bound by the terms of this Agreement.
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1. Applicability
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Project agrees to provide User with the Binary Release in exchange for the
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Project agrees to provide User with the Binary Release in exchange for the
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Fees outlined in Section 2, subject to the terms of this Agreement. The Fee
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applies only to Users that generate revenue by the Software.
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Non-revenue-generating use of the Software is exempt from this Fee. In
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addition, Users who pay separate support and/or maintenance fees to the
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maintainers of the Software are exempt from the Fee outlined in this
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Agreement. This distinction ensures that duplicate fees are not imposed,
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promoting fairness and consistency while respecting alternative support
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applies only to Users that use the Software as part of revenue-generating
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activities and have an annual gross revenue greater than or equal to
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US$10,000. Users whose annual gross revenue is less than US$10,000 are exempt
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from this Fee. In addition, Users who pay separate support and/or maintenance
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fees to the maintainers of the Software are exempt from the Fee outlined in
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this Agreement. This distinction ensures that duplicate fees are not imposed,
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promoting fairness and consistency while respecting alternative support
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arrangements.
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2. Monthly Fee and Payment Terms
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Revenue-generating Users required to pay the Fee shall follow the payment
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terms set forth by the Project. Failure to comply with these terms may result
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in suspending access to the Binary Release. However, this does not restrict
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the User from obtaining or redistributing binaries from other sources or
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Revenue-generating Users required to pay the Fee shall follow the payment
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terms set forth by the Project. Failure to comply with these terms may result
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in suspending access to the Binary Release. However, this does not restrict
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the User from obtaining or redistributing binaries from other sources or
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self-compiling them.
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3. Nature of the Fee
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The Fee is not a license fee. The Software's source code is licensed to User
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under the OSI License and remains freely distributable under the terms of the
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The Fee is not a license fee. The Software's source code is licensed to User
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under the OSI License and remains freely distributable under the terms of the
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OSI License and any applicable open-source licenses.
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4. Conflicts with OSI License
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To the extent any term of this Agreement conflicts with User's rights
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under the OSI License regarding the Software, the OSI License shall govern.
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This Agreement applies only to the Binary Release and does not limit User's
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ability to access, modify, or distribute the Software's source code or
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self-compiled binaries. User may independently compile binaries from the
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Software's source code without this Agreement, subject to OSI License terms.
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User may redistribute the Binary Release received under this Agreement,
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provided such redistribution complies with the OSI License (e.g., including
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copyright and permission notices). This Agreement imposes no additional
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To the extent any term of this Agreement conflicts with User's rights
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under the OSI License regarding the Software, the OSI License shall govern.
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This Agreement applies only to the Binary Release and does not limit User's
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ability to access, modify, or distribute the Software's source code or
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self-compiled binaries. User may independently compile binaries from the
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Software's source code without this Agreement, subject to OSI License terms.
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User may redistribute the Binary Release received under this Agreement,
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provided such redistribution complies with the OSI License (e.g., including
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copyright and permission notices). This Agreement imposes no additional
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restrictions on such rights.
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5. Disclaimer of Warranty and Limitation of Liability
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THE SOFTWARE AND BINARY RELEASE ARE PROVIDED BY THE PROJECT "AS IS" AND ANY
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EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
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WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
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DISCLAIMED. IN NO EVENT SHALL THE PROJECT OR ITS CONTRIBUTORS BE LIABLE FOR
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ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
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DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
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SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER
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CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY,
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OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE
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OF THE SOFTWARE AND BINARY RELEASE, EVEN IF ADVISED OF THE POSSIBILITY OF
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THE SOFTWARE AND BINARY RELEASE ARE PROVIDED BY THE PROJECT "AS IS" AND ANY
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EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
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WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
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DISCLAIMED. IN NO EVENT SHALL THE PROJECT OR ITS CONTRIBUTORS BE LIABLE FOR
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ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
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DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
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SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER
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CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY,
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OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE
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OF THE SOFTWARE AND BINARY RELEASE, EVEN IF ADVISED OF THE POSSIBILITY OF
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SUCH DAMAGE.

src/setup/OSMFEULA.rtf

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