ESF License Agreement, v1.2
THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS LICENSE. THE WORK IS PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED.
BY EXERCISING ANY RIGHTS TO THE WORK AS SET FORTH IN THIS LICENSE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. TO THE EXTENT THIS LICENSE MAY BE CONSIDERED TO BE A CONTRACT, THE LICENSOR GRANTS YOU THE RIGHTS SET FORTH IN THIS LICENSE, IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.
a. "Derivative Work" means a work based upon or including all or some portions of the Work, in which the Work may be recast, transformed, or adapted.
b. "Licensor" means Electric Sheep Fencing LLC and its employees, officers, agents, successors, predecessors in interest, affiliates and assigns.
c. "Work" means the “pfSense” software, and any revisions or updates thereto, which is the copyrightable work of authorship offered under the terms of this License.
d. "You" or “Your” means an individual or entity exercising rights under this License who has not previously violated the terms of this License with respect to the Work.
e. “Mark” means the trademark and/or service mark pfSense®.
f. “Parties” means Licensor and You. As between the Parties, Licensor is the sole and exclusive owner of all worldwide rights, interest and title in and to the Work and the Mark.
2. License Grant. Subject to the terms and conditions of this License, Licensor hereby grants You a limited, revocable, worldwide, non-exclusive license to exercise the rights in the Work as stated below:
a. to use or reproduce the Work, market, sell and distribute the Work, publicly display the Work, publicly perform the Work, and to prepare Derivative Works to incorporate into Your hardware and/or software products;
b. to use the Mark in connection only with original, unedited and unchanged versions of the Work obtained directly from Licensor. No rights to use the Mark are granted to You in connection with any Derivative Work, or in connection with any other product or service whatsoever.
All rights not expressly granted by Licensor are hereby reserved to Licensor.
3. Restrictions. The license granted in Section 2 above is expressly made subject to and limited by the following restrictions:
a. You may use, reproduce, market, sell and distribute, publicly display, or publicly perform the Work only under the terms of this License.
b. You must include the following attribution, in a prominent manner (e.g., on your website and in connection with any and all other printed materials that refer to the Work):
Copyright © 2014. Electric Sheep Fencing LLC. The pfSense® software is offered under license from Electric Sheep Fencing LLC (“ESF”). See https://www.pfsense.org/about-pfsense/#legal.
“pfSense” is a registered trademark and service mark that may not be used without the prior express written permission of ESF and pursuant to license terms.
c. You may not offer or impose any terms on the Work that restrict the terms of this License or the ability of a recipient of the Work to exercise the rights granted to that recipient under the terms of the License. You may not sublicense the Work (to the extent that You rely on a third party to have the Work reproduced or displayed, or if a reseller distributes the Work for You, You will ensure that such third party or reseller agrees to the terms of this License, which shall be binding upon such third party or reseller, and You will provide copies of such written agreement with the third party or reseller upon Licensor’s request).
d. You must keep intact all notices that refer to this License, the attribution listed above, and to the disclaimer of warranties.
e. When You reproduce, distribute, publicly display, or publicly perform the Work, You may not impose any technological measures on the Work that restrict the ability of a recipient of the Work from You to exercise the rights granted to that recipient under the terms of the License.
f. You may only use the credit required by this Section for the purpose of attribution in the manner set out above and, by exercising Your rights under this License, You may not implicitly or explicitly assert or imply any connection with, sponsorship or endorsement by Licensor of You or Your use of the Work, without the separate, express prior written permission of Licensor. You agree that the Mark is valid and enforceable, and agree to take no action, directly or indirectly, that would affect the use or registration by Licensor of the Mark.
g. With respect to a Derivative Work, you must prominently state that you have changed the original Work and the date of such change (for example, “code from pfSense® software revised on ___ [date]”). No source code changes will be accepted in a Derivative Work unless You have signed and returned a Contributor License Agreement to Licensor.
4. Representations, Warranties and Disclaimer.
UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR OFFERS THE WORK AS-IS AND ONLY TO THE EXTENT OF ANY RIGHTS HELD IN THE LICENSED WORK BY THE LICENSOR. LICENSOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MARKETABILITY, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.
5. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES.
a. This License and the rights granted hereunder will terminate automatically upon any breach by You of the terms of this License. Sections 1, 3, 4, 5, 6 and 7 will survive any termination or expiration of this License. In the event of termination or expiration of this License, all rights granted to You under this License with respect to the Work or the Mark shall immediately cease, and all rights shall thereupon revert to Licensor.
b. Licensor reserves the right to release the Work under different license terms or to stop distributing the Work at any time. This License will continue in full force and effect unless terminated as stated above.
a. Each time You distribute or publicly perform the Work, the Licensor offers to the recipient a license to the Work on the same terms and conditions as the license granted to You under this License.
b. 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 to this License, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
c. In the event of any dispute or claim between the Parties arising out of or relating to this License, exclusive jurisdiction and venue for any such dispute or claim shall be in the state or federal courts located in Austin, Texas, and You expressly agree to the exercise of personal jurisdiction of such courts. The prevailing Party in any dispute or claim arising out of or relating to this License shall be entitled to recovery of its reasonable costs and attorneys’ fees incurred in connection with such dispute or claim.
d. No term or provision of this License shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by the party to be charged with such waiver or consent.
e. This License constitutes the entire agreement between the Parties with respect to the Work licensed herein. There are no understandings, agreements or representations with respect to the Work not specified here. Licensor shall not be bound by any additional provisions that may appear in any communication from You. This License may not be modified without the mutual written agreement of the Parties.
By clicking on “I Agree” and “Next” below, you acknowledge acceptance of the terms and conditions herein.
For details, see https://electricsheepfencing.com/#our-policies.
For a printable copy that you can mail in, see https://www.pfsense.org/about-pfsense/#legal
Last updated 11/15/2014.