From f30ac40d1f301bacd68f516b1654ea809742d1e1 Mon Sep 17 00:00:00 2001 From: Justin Collins Date: Thu, 17 Jan 2019 10:08:48 -0800 Subject: [PATCH] Update license to Brakeman Public Use License --- CC-LICENSE.md | 161 --------------------- .github/contributing.md => CONTRIBUTING.md | 2 +- COPYING.md | 15 +- LICENSE.md | 125 ++++++++++++++++ README.md | 2 +- brakeman.gemspec | 2 +- 6 files changed, 130 insertions(+), 177 deletions(-) delete mode 100644 CC-LICENSE.md rename .github/contributing.md => CONTRIBUTING.md (96%) create mode 100644 LICENSE.md diff --git a/CC-LICENSE.md b/CC-LICENSE.md deleted file mode 100644 index 0e2968be8c..0000000000 --- a/CC-LICENSE.md +++ /dev/null @@ -1,161 +0,0 @@ -# Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International Public License - -By exercising the Licensed Rights (defined below), You accept and agree to be bound by the terms and conditions of this Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International Public License ("Public License"). To the extent this Public License may be interpreted as a contract, You are granted the Licensed Rights in consideration of Your acceptance of these terms and conditions, and the Licensor grants You such rights in consideration of benefits the Licensor receives from making the Licensed Material available under these terms and conditions. - -### Section 1 – Definitions. - -a. __Adapted Material__ means material subject to Copyright and Similar Rights that is derived from or based upon the Licensed Material and in which the Licensed Material is translated, altered, arranged, transformed, or otherwise modified in a manner requiring permission under the Copyright and Similar Rights held by the Licensor. For purposes of this Public License, where the Licensed Material is a musical work, performance, or sound recording, Adapted Material is always produced where the Licensed Material is synched in timed relation with a moving image. - -b. __Adapter's License__ means the license You apply to Your Copyright and Similar Rights in Your contributions to Adapted Material in accordance with the terms and conditions of this Public License. - -c. __BY-NC-SA Compatible License__ means a license listed at [creativecommons.org/compatiblelicenses](http://creativecommons.org/compatiblelicenses), approved by Creative Commons as essentially the equivalent of this Public License. - -d. __Copyright and Similar Rights__ means copyright and/or similar rights closely related to copyright including, without limitation, performance, broadcast, sound recording, and Sui Generis Database Rights, without regard to how the rights are labeled or categorized. For purposes of this Public License, the rights specified in Section 2(b)(1)-(2) are not Copyright and Similar Rights. - -e. __Effective Technological Measures__ means those measures that, in the absence of proper authority, may not be circumvented under laws fulfilling obligations under Article 11 of the WIPO Copyright Treaty adopted on December 20, 1996, and/or similar international agreements. - -f. __Exceptions and Limitations__ means fair use, fair dealing, and/or any other exception or limitation to Copyright and Similar Rights that applies to Your use of the Licensed Material. - -g. __License Elements__ means the license attributes listed in the name of a Creative Commons Public License. The License Elements of this Public License are Attribution, NonCommercial, and ShareAlike. - -h. __Licensed Material__ means the artistic or literary work, database, or other material to which the Licensor applied this Public License. - -i. __Licensed Rights__ means the rights granted to You subject to the terms and conditions of this Public License, which are limited to all Copyright and Similar Rights that apply to Your use of the Licensed Material and that the Licensor has authority to license. - -h. __Licensor__ means the individual(s) or entity(ies) granting rights under this Public License. - -i. __NonCommercial__ means not primarily intended for or directed towards commercial advantage or monetary compensation. For purposes of this Public License, the exchange of the Licensed Material for other material subject to Copyright and Similar Rights by digital file-sharing or similar means is NonCommercial provided there is no payment of monetary compensation in connection with the exchange. - -j. __Share__ means to provide material to the public by any means or process that requires permission under the Licensed Rights, such as reproduction, public display, public performance, distribution, dissemination, communication, or importation, and to make material available to the public including in ways that members of the public may access the material from a place and at a time individually chosen by them. - -k. __Sui Generis Database Rights__ means rights other than copyright resulting from Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases, as amended and/or succeeded, as well as other essentially equivalent rights anywhere in the world. - -l. __You__ means the individual or entity exercising the Licensed Rights under this Public License. Your has a corresponding meaning. - -### Section 2 – Scope. - -a. ___License grant.___ - - 1. Subject to the terms and conditions of this Public License, the Licensor hereby grants You a worldwide, royalty-free, non-sublicensable, non-exclusive, irrevocable license to exercise the Licensed Rights in the Licensed Material to: - - A. reproduce and Share the Licensed Material, in whole or in part, for NonCommercial purposes only; and - - B. produce, reproduce, and Share Adapted Material for NonCommercial purposes only. - - 2. __Exceptions and Limitations.__ For the avoidance of doubt, where Exceptions and Limitations apply to Your use, this Public License does not apply, and You do not need to comply with its terms and conditions. - - 3. __Term.__ The term of this Public License is specified in Section 6(a). - - 4. __Media and formats; technical modifications allowed.__ The Licensor authorizes You to exercise the Licensed Rights in all media and formats whether now known or hereafter created, and to make technical modifications necessary to do so. The Licensor waives and/or agrees not to assert any right or authority to forbid You from making technical modifications necessary to exercise the Licensed Rights, including technical modifications necessary to circumvent Effective Technological Measures. For purposes of this Public License, simply making modifications authorized by this Section 2(a)(4) never produces Adapted Material. - - 5. __Downstream recipients.__ - - A. __Offer from the Licensor – Licensed Material.__ Every recipient of the Licensed Material automatically receives an offer from the Licensor to exercise the Licensed Rights under the terms and conditions of this Public License. - - B. __Additional offer from the Licensor – Adapted Material.__ Every recipient of Adapted Material from You automatically receives an offer from the Licensor to exercise the Licensed Rights in the Adapted Material under the conditions of the Adapter’s License You apply. - - C. __No downstream restrictions.__ You may not offer or impose any additional or different terms or conditions on, or apply any Effective Technological Measures to, the Licensed Material if doing so restricts exercise of the Licensed Rights by any recipient of the Licensed Material. - - 6. __No endorsement.__ Nothing in this Public License constitutes or may be construed as permission to assert or imply that You are, or that Your use of the Licensed Material is, connected with, or sponsored, endorsed, or granted official status by, the Licensor or others designated to receive attribution as provided in Section 3(a)(1)(A)(i). - -b. ___Other rights.___ - - 1. Moral rights, such as the right of integrity, are not licensed under this Public License, nor are publicity, privacy, and/or other similar personality rights; however, to the extent possible, the Licensor waives and/or agrees not to assert any such rights held by the Licensor to the limited extent necessary to allow You to exercise the Licensed Rights, but not otherwise. - - 2. Patent and trademark rights are not licensed under this Public License. - - 3. To the extent possible, the Licensor waives any right to collect royalties from You for the exercise of the Licensed Rights, whether directly or through a collecting society under any voluntary or waivable statutory or compulsory licensing scheme. In all other cases the Licensor expressly reserves any right to collect such royalties, including when the Licensed Material is used other than for NonCommercial purposes. - -### Section 3 – License Conditions. - -Your exercise of the Licensed Rights is expressly made subject to the following conditions. - -a. ___Attribution.___ - - 1. If You Share the Licensed Material (including in modified form), You must: - - A. retain the following if it is supplied by the Licensor with the Licensed Material: - - i. identification of the creator(s) of the Licensed Material and any others designated to receive attribution, in any reasonable manner requested by the Licensor (including by pseudonym if designated); - - ii. a copyright notice; - - iii. a notice that refers to this Public License; - - iv. a notice that refers to the disclaimer of warranties; - - v. a URI or hyperlink to the Licensed Material to the extent reasonably practicable; - - B. indicate if You modified the Licensed Material and retain an indication of any previous modifications; and - - C. indicate the Licensed Material is licensed under this Public License, and include the text of, or the URI or hyperlink to, this Public License. - - 2. You may satisfy the conditions in Section 3(a)(1) in any reasonable manner based on the medium, means, and context in which You Share the Licensed Material. For example, it may be reasonable to satisfy the conditions by providing a URI or hyperlink to a resource that includes the required information. - - 3. If requested by the Licensor, You must remove any of the information required by Section 3(a)(1)(A) to the extent reasonably practicable. - -b. ___ShareAlike.___ - -In addition to the conditions in Section 3(a), if You Share Adapted Material You produce, the following conditions also apply. - -1. The Adapter’s License You apply must be a Creative Commons license with the same License Elements, this version or later, or a BY-NC-SA Compatible License. - -2. You must include the text of, or the URI or hyperlink to, the Adapter's License You apply. You may satisfy this condition in any reasonable manner based on the medium, means, and context in which You Share Adapted Material. - -3. You may not offer or impose any additional or different terms or conditions on, or apply any Effective Technological Measures to, Adapted Material that restrict exercise of the rights granted under the Adapter's License You apply. - -### Section 4 – Sui Generis Database Rights. - -Where the Licensed Rights include Sui Generis Database Rights that apply to Your use of the Licensed Material: - -a. for the avoidance of doubt, Section 2(a)(1) grants You the right to extract, reuse, reproduce, and Share all or a substantial portion of the contents of the database for NonCommercial purposes only; - -b. if You include all or a substantial portion of the database contents in a database in which You have Sui Generis Database Rights, then the database in which You have Sui Generis Database Rights (but not its individual contents) is Adapted Material, including for purposes of Section 3(b); and - -c. You must comply with the conditions in Section 3(a) if You Share all or a substantial portion of the contents of the database. - -For the avoidance of doubt, this Section 4 supplements and does not replace Your obligations under this Public License where the Licensed Rights include other Copyright and Similar Rights. - -### Section 5 – Disclaimer of Warranties and Limitation of Liability. - -a. __Unless otherwise separately undertaken by the Licensor, to the extent possible, the Licensor offers the Licensed Material as-is and as-available, and makes no representations or warranties of any kind concerning the Licensed Material, whether express, implied, statutory, or other. This includes, without limitation, warranties of title, merchantability, fitness for a particular purpose, non-infringement, absence of latent or other defects, accuracy, or the presence or absence of errors, whether or not known or discoverable. Where disclaimers of warranties are not allowed in full or in part, this disclaimer may not apply to You.__ - -b. __To the extent possible, in no event will the Licensor be liable to You on any legal theory (including, without limitation, negligence) or otherwise for any direct, special, indirect, incidental, consequential, punitive, exemplary, or other losses, costs, expenses, or damages arising out of this Public License or use of the Licensed Material, even if the Licensor has been advised of the possibility of such losses, costs, expenses, or damages. Where a limitation of liability is not allowed in full or in part, this limitation may not apply to You.__ - -c. The disclaimer of warranties and limitation of liability provided above shall be interpreted in a manner that, to the extent possible, most closely approximates an absolute disclaimer and waiver of all liability. - -### Section 6 – Term and Termination. - -a. This Public License applies for the term of the Copyright and Similar Rights licensed here. However, if You fail to comply with this Public License, then Your rights under this Public License terminate automatically. - -b. Where Your right to use the Licensed Material has terminated under Section 6(a), it reinstates: - - 1. automatically as of the date the violation is cured, provided it is cured within 30 days of Your discovery of the violation; or - - 2. upon express reinstatement by the Licensor. - - For the avoidance of doubt, this Section 6(b) does not affect any right the Licensor may have to seek remedies for Your violations of this Public License. - -c. For the avoidance of doubt, the Licensor may also offer the Licensed Material under separate terms or conditions or stop distributing the Licensed Material at any time; however, doing so will not terminate this Public License. - -d. Sections 1, 5, 6, 7, and 8 survive termination of this Public License. - -### Section 7 – Other Terms and Conditions. - -a. The Licensor shall not be bound by any additional or different terms or conditions communicated by You unless expressly agreed. - -b. Any arrangements, understandings, or agreements regarding the Licensed Material not stated herein are separate from and independent of the terms and conditions of this Public License. - -### Section 8 – Interpretation. - -a. For the avoidance of doubt, this Public License does not, and shall not be interpreted to, reduce, limit, restrict, or impose conditions on any use of the Licensed Material that could lawfully be made without permission under this Public License. - -b. To the extent possible, if any provision of this Public License is deemed unenforceable, it shall be automatically reformed to the minimum extent necessary to make it enforceable. If the provision cannot be reformed, it shall be severed from this Public License without affecting the enforceability of the remaining terms and conditions. - -c. No term or condition of this Public License will be waived and no failure to comply consented to unless expressly agreed to by the Licensor. - -d. Nothing in this Public License constitutes or may be interpreted as a limitation upon, or waiver of, any privileges and immunities that apply to the Licensor or You, including from the legal processes of any jurisdiction or authority. - -> Creative Commons is not a party to its public licenses. Notwithstanding, Creative Commons may elect to apply one of its public licenses to material it publishes and in those instances will be considered the “Licensor.” Except for the limited purpose of indicating that material is shared under a Creative Commons public license or as otherwise permitted by the Creative Commons policies published at [creativecommons.org/policies](http://creativecommons.org/policies), Creative Commons does not authorize the use of the trademark “Creative Commons” or any other trademark or logo of Creative Commons without its prior written consent including, without limitation, in connection with any unauthorized modifications to any of its public licenses or any other arrangements, understandings, or agreements concerning use of licensed material. For the avoidance of doubt, this paragraph does not form part of the public licenses. -> -> Creative Commons may be contacted at creativecommons.org diff --git a/.github/contributing.md b/CONTRIBUTING.md similarity index 96% rename from .github/contributing.md rename to CONTRIBUTING.md index 7f285042f3..c8ec57c7e1 100644 --- a/.github/contributing.md +++ b/CONTRIBUTING.md @@ -1,7 +1,7 @@ ## Copyright Assignment By opening a pull request to https://github.com/presidentbeef/brakeman, -you agree to assign all rights to the code to Synopsys, Inc. +you agree to assign all rights to the code to Synopsys, Inc. under the [Brakeman Public Use License](LICENSE.md). ## Submitting a Pull Request diff --git a/COPYING.md b/COPYING.md index ad27f41a29..a2ce4e740c 100644 --- a/COPYING.md +++ b/COPYING.md @@ -1,16 +1,5 @@ -Code committed on or after June 15, 2018 is licensed under [Creative Commons Attribution NonCommercial Share Alike 4.0 license](https://creativecommons.org/licenses/by-nc-sa/4.0/) and is owned by Synopsys, Inc. +Code committed on or after June 15, 2018 is licensed under the [Brakeman Public Use Licese](https://github.com/presidentbeef/brakeman/blob/master/LICENSE.md) and is owned by Synopsys, Inc. Code committed prior to June 15, 2018 is licensed under the MIT license and is owned by the respective copyright holders. -The code available on https://github.com/presidentbeef/brakeman/ and as packaged on https://rubygems.org/gems/brakeman is distributed under the Creative Commons Attribution NonCommercial Share Alike 4.0 license, sublicensed as necessary under MIT. - ---- - -To summarize the license terms: - -* Brakeman can be freely used, modified, or distributed for any purpose except as a feature of a commercial product -* Brakeman may be used to scan any application, even as part of a consulting contract or professional security assessment, regardless of the commercial nature of the application -* All distributed modifications must be under the same terms as the original code -* The copyright for contributions made to https://github.com/presidentbeef/brakeman/ will be assigned to Synopsys, Inc. - -If you would like to use Brakeman as a feature of a commercial product or online service ("Brakeman-as-a-Service"), please contact justin@brakemanpro.com. +The code available on [GitHub](https://github.com/presidentbeef/brakeman/) and as packaged on [RubyGems](https://rubygems.org/gems/brakeman) is distributed under the [Brakeman Public Use Licese](https://github.com/presidentbeef/brakeman/blob/master/LICENSE.md), sublicensed as necessary under MIT. diff --git a/LICENSE.md b/LICENSE.md new file mode 100644 index 0000000000..858aca7291 --- /dev/null +++ b/LICENSE.md @@ -0,0 +1,125 @@ +**LICENSE** + +# Brakeman Public Use License + +Synopsys, Inc. is willing to authorize use of the Software pursuant to the terms and conditions of this License by Licensee only upon the condition that Licensee accepts that the Agreement governs Licensee's use of the Software. By accepting this Agreement or installing or using the Software (directly or through the actions of an authorized representative), Licensee confirms its acceptance of the License and the Agreement and its agreement to comply with the License terms. + +The Brakeman software (the "***Software***") is licensed for use by third parties according to the terms and conditions set forth in this license agreement (the "***Agreement***"). The copyright to the Software and this license agreement is owned by Synopsys, Inc. and its global affiliates ("***Synopsys***"). + +**Copyright 2019 Synopsys, Inc. All rights not granted in this Agreement are expressly reserved.** + +Commercial Uses (as defined below) of the Software for commercial purposes require a commercial, non-free license. Otherwise, the Software may be used by the party that has downloaded the Software and accepted the terms of this Agreement without charge. + +## 1. Definitions + +1.1 "***License***" means this Agreement. + +1.2 "***Licensee***" means you, the end user of the Software. + +1.3 "***Contributor***" means each individual or legal entity that creates, contributes to the creation of, or owns the Software. + +1.4 "***Contribution***" means the creation of and/or contribution to the development of the Software + +1.5 "***Software***" has the meaning set forth in the recital to this Agreement. + +## 2. Commercial Uses + +A "***Commercial Use***" of the Software is one intended for commercial advantage or monetary compensation. + +Examples of Commercial Uses include (but are not limited to): + +* Using the Software to provide commercial managed/Software-as-a-Service services. +* Distributing the Software as a commercial product or as part of one. +* Using the Software as a component of a value-added service/product. + +Example of uses that are not Commercial Uses, and are subject to the terms of this License, include (but are not limited to): + +* Using the Software to analyze Licensee's software. +* Any non-commercial use of the Software. + +To purchase a license to the Software for Commercial Use, or if Licensee is unsure whether it needs to purchase a Commercial Use license, contact Synopsys at \[sig-sales@synopsys.com\]. +Synopsys may grant commercial licenses at no monetary cost at its own discretion if the commercial usage is deemed by Synopsys to significantly benefit the development of the Software. + +## 3. License Grant + +Synopsys grants Licensee a nonexclusive, nontransferable (except as permitted in this Agreement), limited license to use and modify the Software, subject to the terms and conditions stated in this Agreement, only for the purpose of non-Commercial Use and not for any other purpose. Licensee may make copies of the Software to the extent reasonably necessary to exercise the License granted in this Agreement. + +As a condition to the grant of the foregoing License, Licensee agrees not to do or undertake to do the following: + +* Use the Software for any Commercial Use; + +* Remove or modify any trademarks or any copyright notice in the Software; or + +* Assign the License or the Agreement, or distribute, give, or transfer the Software to any third party, except as expressly permitted in this Agreement. + +All rights not expressly granted in this Agreement are reserved by Synopsys. Synopsys or its licensors retain all ownership and intellectual property rights to the Software. + +## 4. Redistribution + +Redistribution is permitted solely under the following conditions: + +* A copy of this License, without modification, is provided with the Software. +* All Copyright notices to the Software and this Agreement are provided with the Software. +* Redistribution and subsequent use does not conflict with the Commercial Uses clause above. + +## 4. Copying + +Copying of the Software is permitted so long as it does not conflict with the Redistribution and Commercial Uses clauses. + +## 5. Modification + +Modification of the Software is permitted so long as it does not conflict with the Redistribution clause. + +## 6. Contributions + +All right, title, and interest in any Contributions to the Software are hereby assigned to Synopsys, effective upon the date of creation of any such Contribution. Synopsys shall have the unlimited, exclusive right to reuse, modify and relicense any Contributions. + +## 7. Support + +The Software is provided under an AS-IS basis and without any support, updates or maintenance. Updates to the Software may be provided by Synopsys at its the sole discretion. + +## 8. Disclaimer of Warranty + +The Software is provided under this License on an "as is" basis, without warranty of any kind, either expressed, implied, or statutory, including, without limitation, warranties that the Software is free of defects, merchantable, fit for a particular purpose or non-infringing. + +## 9. Disclaimer of Liability + +To the extent permitted under law, the Software is provided under an AS-IS basis. Synopsys shall never be liable for any damage (including without limitation indirect, incidental, special, punitive or consequential damage, or damage for loss of profits, revenue, data, of data use), cost, expense or any other payment incurred as a result of Licensee's use of the Software for any purpose, even if Synopsys has been advised of the possibility of such damages and regardless of whether the action for such damage arises in contract or tort. The entire liability of Synopsys under the Agreement shall not exceed one hundred dollars (USD $100). + +## 10. Trademark + +"Synopsys" is a registered trademark of Synopsys, Inc. All rights are reserved to Synopsys, Inc. This Agreement does not grant the use of the trademark or the use of the Synopsys logo to you for any purpose. + +## 11. Export Controls + +Export laws and regulations of the United States and any other relevant local export laws and regulations apply to the Software. Licensee agrees that United States export control laws govern the use of the Software (including any corresponding documentation). Licensee also agrees to comply with all United States export laws and regulations (including "deemed export" and "deemed re-export" regulations). Licensee agrees that no results of analysis created or derived from the use of the Software will be exported, directly or indirectly, in violation of these laws, or will be used for any purpose prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons proliferation, or development of missile technologies. + +Licensee confirms and agrees: + +* Licensee will not download, provide, make available or otherwise export or re-export the Software, directly or indirectly, to countries prohibited by applicable laws and regulations nor to citizens, nationals or residents of those countries. +* Licensee is not listed on the United States Department of Treasury lists of Specially Designated Nationals and Blocked Persons, Specially Designated Terrorists, and Specially Designated Narcotic Traffickers, nor is Licensee listed on the United States Department of Commerce Table of Denial Orders. +* Licensee will not export or re-export the Software, directly or indirectly, to persons on the above mentioned lists. +* Licensee will not use or allow the Software to be used for, any purposes prohibited by applicable law, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction. + +## 12. Relationship Between the Parties + +Licensee is an independent contractor and hereby agrees that no partnership, joint venture, or agency relationship exists between Licensee and Synopsys. + +## 13. Entire Agreement; Governing Law + +The Agreement is the complete agreement for the Software. The Agreement supersedes all prior or contemporaneous agreements or representations, including any license agreements for prior versions of the Software. + +This Agreement may not be modified and the rights and restrictions may not be altered or waived except in a writing signed by authorized representatives of the parties. If any term of the License or the Agreement is found to be invalid or unenforceable, the remaining provisions will remain effective. + +The Agreement is governed by California law. The parties agree to submit to the exclusive jurisdiction of, and venue in, the courts of Santa Clara county, California with respect to any action arising out of or relating to the License or the Agreement. + +## 14. Notices + +Any questions concerning the License and/or the Agreement and any notices to Synopsys under this agreement shall be directed to: + + Synopsys, Inc. + 800 E. Middlefield Road + Mountain View, CA 94045 + + +End of Agreement diff --git a/README.md b/README.md index b67ce56bf8..ebd36bd6b5 100644 --- a/README.md +++ b/README.md @@ -195,6 +195,6 @@ Chat: https://gitter.im/presidentbeef/brakeman # License -Brakeman can be freely used, modified, or distributed for any purpose except as a feature of a commercial product. +Brakeman is free for non-commercial use. See [COPYING](COPYING.md) for details. diff --git a/brakeman.gemspec b/brakeman.gemspec index a6a7e95882..fd41ea2916 100644 --- a/brakeman.gemspec +++ b/brakeman.gemspec @@ -12,7 +12,7 @@ Gem::Specification.new do |s| s.homepage = "http://brakemanscanner.org" s.files = ["bin/brakeman", "CHANGES.md", "FEATURES", "README.md"] + Dir["lib/**/*"] s.executables = ["brakeman"] - s.license = "CC-BY-NC-SA-4.0" + s.license = "Nonstandard" s.cert_chain = ['brakeman-public_cert.pem'] s.signing_key = gem_priv_key if File.exist? gem_priv_key and $0 =~ /gem\z/