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If you have any questions, please contact the SIG: sig-compliance ,
and any of the maintainers: @bugflyfly, @chenyx_2012, @zhanghongge ,
麻烦各位maintainer评估该license是否可以受限使用 @bugflyfly, @chenyx_2012, @zhanghongge
不建议引入Nmap Public Source License Version 0.95，建议参考Fedora，降级使用旧版本7.92的许可证，使用7.92版本和之前的版本（对应Nmap Public Source License Version 0.92），作为受限使用。
debian社区讨论：https://bugs.debian.org/cgi-bin/bugreport.cgi?bug=1025650
Fedora社区讨论：https://github.com/nmap/nmap/issues/2199
openSUSE：OSS保留7.92版本，更高版本non-OSS
合规风险：
Section 3：
“Licensor interprets that term quite broadly.”
列举，只要软件存在以下行为，就被 NPSL 视为 derivative work：
“Integrates source code from Covered Software”
“Reads or includes Covered Software data files, such as nmap-os-db or nmap-service-probes.”
“Is designed specifically to execute Covered Software and parse the results...”
“Includes Covered Software in a proprietary executable installer.”
“Links (statically or dynamically) to a library which does any of the above”
“Executes a helper program, module, or script to do any of the above.”
而且许可证声明：
“This list is not exclusive...”
另外Section 3：
“Distribution of any works which meet these criteria ... must be under the terms of this license (including this Main License Body and GPL), with no additional conditions or restrictions.”
并要求：
“They must abide by all restrictions that the GPL places on derivative or collective works, including the requirements for distributing their source code and allowing royalty-free redistribution.”
以及Section 1：
“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...”
包括：
“made available as an application intended for use over a computer network”
Section 6 规定：
“If You Externally Deploy Covered Software ... the system and its documentation must, if technically feasible, prominently display a notice stating that the system uses the Nmap Security Scanner...”
并要求：
“the notice must contain a hyperlink to https://nmap.org/ or provide that URL in the text.”
For more information on this license, see https://nmap.org/npsl/
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. Companies wishing to use or incorporate Covered
Software within their own products may find that our Nmap OEM product
(https://nmap.org/oem/) better suits their needs. 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.
If the Nmap Project (directly or through one of its commercial
licensing customers) has granted you additional rights to Nmap or Nmap
OEM, those additional rights take precedence where they conflict with
the terms of this license agreement.
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 https://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 published
by the Free Software Foundation and 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 Nmap Software 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, clarifications, and additions
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 additional terms mean that You may not
distribute Covered Software or Derivative Works 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 Covered Software for the purposes of this license
if it does any of the following:
* Integrates source code from Covered Software
* Reads or includes Covered Software data files, such as nmap-os-db or
nmap-service-probes.
* Is designed specifically to execute Covered Software and parse the
results (as opposed to typical shell or execution-menu apps, which
will execute anything you tell them to).
* Includes Covered Software 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. For the purposes of this license, an installer is
considered to include Covered Software even if it actually retrieves
a copy of Covered Software from another source during runtime (such
as by downloading it from the Internet).
* Links (statically or dynamically) to a library which does any of the
above
* Executes a helper program, module, or script 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 (and that also choose to accept this license to
benefit from the rights granted herein) must be under the terms of
this license (including this Main License Body and GPL), with no
additional conditions or restrictions. They must abide by all
restrictions that the GPL places on derivative or collective works,
including the requirements for distributing their source code and
allowing royalty-free redistribution.
Licensor does not purport to control through this license any software
which does not require the rights granted herein (such as rights to
redistribute and/or incorporate Covered Software executables and
source code). In particular, many software packages include the
ability to parse Covered Software results provided by an end user or
to execute Covered Software that end user may have already installed
on their system. To the extent that copyright doctrines such as fair
use allow their practices without the need to exercise any rights
granted by this license, vendors and distributors of such software are
not bound by our definition of derivative works or any other clauses
in this 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.
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
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 https://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 Washington 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. Npcap and the Official Nmap Windows Builds
The official Windows Nmap builds includes the Npcap driver and library
(https://npcap.com) for packet capture and transmission on
Windows. That software is under its own separate license terms rather
than this license. Therefore anyone wishing to use or redistribute
both pieces of software must comply with both licenses. Since Npcap
does not allow for redistribution without special permission, the
official Nmap Windows builds which include Npcap may not be
redistributed without special permission. Such permission can be
requested by email to sales@nmap.com.
11. Permission to link with OpenSSL
Licensor grants permission to link Covered Software with any version
of the OpenSSL library from OpenSSL.Org, and distribute linked
combinations including the two (assuming such distribution is
otherwise allowed by this agreement). You must obey this License in
all respects for all code used other than OpenSSL.
12. 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.
13. 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.