freebsd-ports/security/burpsuite/files/license.sh
2014-05-14 09:18:58 +00:00

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#!/bin/sh
# $FreeBSD$
# License agreement
more << EOF_LICENSE
Burpuite Free Edition Licence Agreement
Version 1.6
This licence agreement (Licence) is a legal agreement between you (Licensee or
you) and PORTSWIGGER LTD of 2 Regent Street, Knutsford, WA16 6GR England
(Licensor or we) for a suite of tools designed for web application security
testers (Burp Suite Free Edition or Software), which includes computer
software, and the online documentation current at the date of the download of
this Licence (Documentation).
BURP SUITE FREE EDITION REQUIRES A COMPUTER WITH A MINIMUM OF 4GB OF MEMORY AND
THE OFFICIAL JAVA RUNTIME ENVIRONMENT (VERSION 1.7 OR LATER). BY INSTALLING THE
SOFTWARE YOU AGREE TO THE TERMS OF THIS LICENCE AND THE TERMS AND CONDITIONS OF
THE LICENSOR WHICH WILL BIND YOU AND YOUR EMPLOYEES. IF YOU DO NOT AGREE TO THE
TERMS OF THIS LICENCE AND THE TERMS AND CONDITIONS, WE ARE UNWILLING TO LICENSE
THE SOFTWARE TO YOU AND YOU MUST DISCONTINUE THE INSTALLATION PROCESS NOW. IN
THIS CASE THE INSTALLATION WILL TERMINATE.
WARNING: BURP SUITE FREE EDITION IS DESIGNED TO TEST FOR SECURITY FLAWS AND CAN
DO DAMAGE TO TARGET SYSTEMS DUE TO THE NATURE OF ITS FUNCTIONALITY. TESTING FOR
SECURITY FLAWS INHERENTLY INVOLVES INTERACTING WITH TARGETS IN NON-STANDARD
WAYS WHICH CAN CAUSE PROBLEMS IN SOME VULNERABLE TARGETS. YOU MUST TAKE DUE
CARE WHEN USING THE SOFTWARE, YOU MUST READ ALL DOCUMENTATION BEFORE USE, YOU
SHOULD BACK UP TARGET SYSTEMS BEFORE USE AND YOU SHOULD NOT USE THE SOFTWARE ON
PRODUCTION SYSTEMS OR OTHER SYSTEMS FOR WHICH THE RISK OF DAMAGE IS NOT
ACCEPTED BY YOU.
1. GRANT AND SCOPE OF LICENCE
1.1 In consideration of you agreeing to abide by the terms of this Licence,
the Licensor hereby grants to you a non-exclusive, non-transferable licence to
use the Software and the Documentation on the terms of this Licence.
1.2 You may either:
1.2.1 download, install and use the Software and Burp Apps (as defined in
condition 4) for your internal business purposes (which includes bespoke client
consultancy, if appropriate) only; and
1.2.1.1 make one copy of the Software for back-up purposes only, provided
that this is necessary for the activities permitted under condition 1.2.1;
1.2.1.2 receive and use any free supplementary software code or update of
the Software incorporating "patches" and corrections of errors as may be
provided by the Licensor from time to time on the basis that they are governed
by the terms of this Licence;
1.2.1.3 use any Documentation in support of the use permitted under
condition 1.2.1 and make such numbers of copies of the Documentation as are
reasonably necessary for its lawful use; and
1.2.1.4 analyse the behaviour and performance of the documented
functionality of the Software and any Burp Apps (defined as aforesaid) and
disclose the findings of such analysis to any party provided that such findings
are provided simultaneously and in identical form to the Licensor; or
1.2.2 transfer the Software to an end-user only provided that you procure
that the end-user is bound by the terms of this Licence Agreement for the
benefit of the Licensor and that you indemnify the Licensor against all costs
(including legal costs) charges and expenses incurred by the Licensor as a
result of the failure by you to comply with the provisions of this paragraph
and/or the transfer by you of the Software to the end-user.
1.3 If you are an end-user who has obtained lawfully the Software other than
by direct acquisition from the Licensor you may carry out the functions on the
terms specified in paragraph 1.3.1 above and you agree to be bound by this
Licence Agreement directly in favour of the Licensor.
2. LICENSEE'S WARRANTY AND UNDERTAKINGS
2.1 You warrant that you are not acquiring the Software as a consumer, but
will be using the software in your business.
2.2 Except as expressly set out in this Licence or as permitted by any local
law, you undertake:
2.2.1 not to use the Software or the Documentation or any Burp Apps for any
unlawful purposes, particularly as Burp Suite Free Edition contains
functionality that can be used to attack and compromise computer systems.
2.2.2 to obtain all necessary authorisations from system owners prior to
using Burp Suite Free Edition or any Burp Apps thereon;
2.2.3 unless agreed by the Licensor in writing not to copy the Software or
Documentation except where such copying is incidental to normal use of the
Software, or where it is necessary for the purpose of back-up or operational
security;
2.2.4 subject to the provisions of condition 4, not to rent, lease,
sub-license, loan, translate, merge, adapt, vary or modify the Software or
Documentation;
2.2.5 subject to the provisions of condition 4, not to make alterations to,
or modifications of, the whole or any part of the Software, nor permit the
Software or any part of it to be combined with, or become incorporated in, any
other programs;
2.2.6 not to disassemble, decompile, reverse engineer or create derivative
works based on, the whole or any part of the Software nor attempt to do any
such thing except to the extent that (by virtue of section 296A of the
Copyright, Designs and Patents Act 1988) such actions cannot be prohibited
because they are essential for the purpose of achieving inter-operability of
the Software with another software program, and provided that the information
obtained by you during such activities:
2.2.6.1 is used only for the purpose of achieving inter-operability of the
Software with another software program; and
2.2.6.2 is not unnecessarily disclosed or communicated without the
Licensor's prior written consent to any third party; and
2.2.6.3 is not used to create any software which is substantially similar to
the Software;
2.2.7 to supervise and control use of the Software and ensure that the
Software is used by your employees and representatives in accordance with the
terms of this Licence;
2.2.8 to replace the current version of the Software with any updated or
upgraded version or new release provided by the Licensor under the terms of
this Licence immediately on receipt;
2.2.9 to include the copyright notice of the Licensor on all entire and
partial copies you make of the Software on any medium;
2.2.10 not to provide or otherwise make available the Software in whole or
in part (including but not limited to program listings, object and source
program listings, object code and source code), in any form to any person other
than your employees without prior written consent from the Licensor;
2.2.11 unless specifically authorised by us in writing, not to use the
Software as part of an automated service offering to third parties;
2.2.12 not to engage in any activity, practice or conduct which would
constitute an offence under sections 1, 2, or 6 of the Bribery Act 2010, if
such activity, practice or conduct had been carried out in the UK;
2.2.13 to indemnify and keep indemnified the Licensor against all costs
(including legal costs), charges and expenses incurred by the Licensor as a
result of the failure by you to comply with the provisions of this Licence
Agreement.
3. SUPPORT AND UPGRADES
Downloading Burp Suite Free Edition entitles you to free product support at the
Licensor's sole discretion.
4. EXTENSIONS
4.1 In this Licence Agreement "Extension" means all programming additions
made by a Licensee or on his behalf or with his concurrence to the Software
using the Burp Extender API (as hereinafter defined) to either
4.1.1 extend the functionality of the Software or any other software
produced by the Licensor; or
4.1.2 enable the Software or any other software produced by the Licensor to
inter-operate with other software;
but not to copy, clone, reproduce or emulate any existing feature of any
software produced by the Licensor;
and "Burp App" or "BApp" means an Extension adopted by the Licensor pursuant to
this clause.
4.2 "Burp Extender API" means the official Burp Extender application
programming interface available as part of the Documentation.
4.3 Extensions may be created for the use of the Licensee Provided that
if any such Extension is published (which, for the avoidance of doubt, shall
include sharing such Extension with another Licensee or a third party unless
the party to which the Extension is provided is either a client of the Licensee
and the relevant Extension has been created for use on an engagement for that
or another client of the Licensee, or another Licensee within your
organisation) the Licensee shall notify the Licensor and provide to it a copy
of such Extension and the Licensee agrees that any such Extension shall, at the
option of the Licensor, become either
4.3.1 a Burp App; or
4.3.2 part of the Software.
4.4 When the creation of an Extension is notified to the Licensor or
shared publicly and comes to the attention of the Licensor the Licensor has the
option to make the Extension a Burp App (Burp App, or BApp) after having
carried out the necessary checks to ensure that the Extension is efficacious
and suitable for use with the Software.
4.5 The Licensor has established the BApp Store product feature where
Burp Apps are described and may be downloaded without charge for use as an
Extension.
4.6 By designating an Extension a Burp App the Licensor warrants that the
Extension has been checked by the Licensor and has been deemed suitable for use
with the Software.
4.7 All Extensions and Burp Apps remain the property of the author but by
creating such Extension, the author has granted an irrevocable perpetual
licence free of charge to the Licensor to incorporate such Extension in the
Software at the Licensor's option and an irrevocable perpetual licence free of
charge to all Licensees who download the Burp App from the BApp Store.
4.8 If, at the sole option of the Licensor, the Licensor incorporates an
Extension into the Software a notice will be placed on the BApp Store to that
effect.
4.9 The Licensor retains the right without incurring any liability to the
Licensee to disable without notice any Burp App being used by the Licensee
where the Licensor considers in its sole discretion that use of such Burp App
with the Software is problematical.
5. INTELLECTUAL PROPERTY RIGHTS
5.1 You acknowledge that all intellectual property rights in the Software
and the Documentation anywhere in the world belong to the Licensor, that rights
in the Software are licensed (not sold) to you, and that you have no rights in,
or to, the Software or the Documentation other than the right to use them in
accordance with the terms of this Licence.
5.2 You acknowledge that you have no right to have access to the Software in
source code form
5.3 The integrity of this Software is protected by technical protection
measures (TPM) so that the intellectual property rights, including copyright,
in the Software of the Licensor are not misappropriated. You must not attempt
in any way to remove or circumvent any such TPM, nor apply or manufacture for
sale or hire, import, distribute, sell or let for hire, offer or expose for
sale or hire, advertise for sale or hire or have in your possession for private
or commercial purposes any means the sole intended purpose of which is to
facilitate the unauthorised removal or circumvention of such TPM.
6. LICENSOR'S WARRANTY
6.1 The Licensor warrants that for a period of 90 days from the download of
the Software (Warranty Period) the Software will, when properly used, perform
substantially in accordance with the functions described in the Documentation
(provided that the Software is properly used on the computer and with the
runtime environment for which it was designed as referred to herein). Burp Apps
do not have the benefit of this warranty.
6.2 You acknowledge that the Software and the Burp Apps have not been
developed to meet your individual requirements, and that it is therefore your
responsibility to ensure that the facilities and functions of the Software as
described in the Documentation and the facilities and functions of any Burp App
meet your requirements.
6.3 You acknowledge that the Software and the Burp Apps may not be free of
bugs or errors, and agree that the existence of minor errors shall not
constitute a breach of this Licence.
6.4 If, within the Warranty Period, you notify the Licensor in writing of
any defect or fault in the Software in consequence of which it fails to perform
substantially in accordance with the Documentation, and such defect or fault
does not result from you having amended the Software or used it in
contravention of the terms of this Licence, the Licensor will, at its sole
option, either repair or replace the Software, provided that you make available
all the information that may be necessary to help the Licensor to remedy the
defect or fault, including sufficient information to enable the Licensor to
recreate the defect or fault.
7. LICENSOR'S LIABILITY
YOUR ATTENTION IS DRAWN PARTICULARLY TO THE PROVISIONS OF THIS CONDITION
7.1 Nothing in this Licence shall limit or exclude the liability of either
party for death or personal injury resulting from negligence, fraud, fraudulent
misrepresentation.
7.2 Subject to condition 7.1, the Licensor's liability for losses suffered
by you arising out of or in connection with this agreement (including any
liability for the acts or omissions of its employees, agents and
subcontractors), whether arising in contract, tort (including negligence),
misrepresentation or otherwise, shall not include liability for:
7.2.1 loss of turnover, sales or income;
7.2.2 loss of business profits or contracts;
7.2.3 business interruption;
7.2.4 loss of the use of money or anticipated savings;
7.2.5 loss of information;
7.2.6 loss of opportunity, goodwill or reputation;
7.2.7 loss of, damage to or corruption of software or data; or
7.2.8 any indirect or consequential loss or damage of any kind howsoever
arising and whether caused by tort (including negligence), breach of contract
or otherwise;
provided that this condition 7.2 shall not prevent claims for loss of or damage
to your tangible property that fall within the terms of condition 6 or any
other claims for direct financial loss that are not excluded by any of
categories 7.2.1 to 7.2.8 inclusive of this condition 7.2.
7.3 Subject to condition 7.1, the Licensor's maximum aggregate liability
under or in connection with this Licence, or any collateral contract, whether
in contract, tort (including negligence) or otherwise, shall be limited to £50.
7.4 Subject to condition 7.1, condition 7.2 and condition 7.3, the
Licensor's liability for infringement of third-party intellectual property
rights shall be limited to breaches of rights subsisting in the UK.
7.5 This Licence sets out the full extent of the Licensor's obligations and
liabilities in respect of the supply of the Software and Burp Apps. In
particular, there are no conditions, warranties, representations or other
terms, express or implied, that are binding on the Licensor except as
specifically stated in this Licence. Any condition, warranty, representation or
other term concerning the supply of the Software and Burp Apps which might
otherwise be implied into, or incorporated in, this Licence, or any collateral
contract, whether by statute, common law or otherwise, is hereby excluded to
the fullest extent permitted by law.
8. COMMUNICATION
8.1 By entering into this Licence Agreement you consent that we may
process any personal data that we collect from you in accordance with our
Privacy Policy. In particular, we may use information we hold about you for the
purposes of, inter alia, sending out questionnaires to certain categories of
users including feedback requests.
8.2 Any questions, comments and requests regarding our data processing
practices may be addressed to offce@portswigger.net.
9. TERMINATION
9.1 The Licensor may terminate this Licence immediately by written notice to
you if you commit a material or persistent breach of this Licence which you
fail to remedy (if remediable) within 14 days after the service of written
notice requiring you to do so.
9.2 Upon termination for any reason:
9.2.1 all rights granted to you under this Licence shall cease;
9.2.2 you must cease all activities authorised by this Licence; and
9.2.3 you must immediately delete or remove the Software and any Burp Apps
from all computer equipment in your possession, and immediately destroy or
return to the Licensor (at the Licensor's option) all copies of the Software
and any Burp Apps then in your possession, custody or control and, in the case
of destruction, certify to the Licensor that you have done so.
10. TRANSFER OF RIGHTS AND OBLIGATIO is binding on you and us, and on our
respective successors and assigns.
10.2 You may not transfer, assign, charge or otherwout our prior written
consent.
10.3 We may transfer, assign, charge, sub-contract or otherwise dispose of
this Licence, or aence.
11. NOTICES
All notices given by you to us must be given to PortSwigger Ltd at
office@portswigger.net or 2 Regent Str you provided to us when downloading the
Software or provided in other communications from you to us. Notice will be
deemed recet, or three days after the date of posting of any letter. In proving
the service of any notice, it will be sufficient to prove, d, in the case of an
e-mail, that such e-mail was sent to the specified e-mail address of the
addressee.
12. EVENTS OUTSIDE in performance of, any of our obligations under this
Licence that is caused by events outside our reasonable control (Force Majeure
Event).
12.2 A Force Majeure Event includes any act, event, non-happening, omission
or accident beyond our reasonable control and includes in particular (without
limitation) the following:
12.2.1 strikes, lock-outs or other industrial action;
12.2.2 civil commotion, riot, invasion, terrorist attack or threat of
terrorist attack, war (whether declared or not) or threat or preparation for
war;
12.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or
other natural disaster;
12.2.4 impossibility of the use of railways, shipping, aircraft, motor
transport or other means of public or private transport;
12.2.5 impossibility of the use of public or private telecommunications
networks;
12.2.6 the acts, decrees, legislation, regulations or restrictions of any
government.
12.3 Our performance under this Licence is deemed to be suspended for the
period that the Force Majeure Event continues, and we will have an extension of
time for performance for the duration of that period. We will use our
reasonable endeavours to bring the Force Majeure Event to a close or to find a
solution by which our obligations under this Licence may be performed despite
the Force Majeure Event.
13. WAIVER
13.1 If we fail, at any time during the term of this Licence, to insist upon
strict performance of any of your obligations under this Licence, or if we fail
to exercise any of the rights or remedies to which we are entitled under this
Licence, this shall not constitute a waiver of such rights or remedies and
shall not relieve you from compliance with such obligations.
13.2 A waiver by us of any default shall not constitute a waiver of any
subsequent default.
13.3 No waiver by us of any of these terms and conditions shall be effective
unless it is expressly stated to be a waiver and is communicated to you in
writing.
14. SEVERABILITY
If any of the terms of this Licence are determined by any competent authority
to be invalid, unlawful or unenforceable to any extent, such term, condition or
provision will to that extent be severed from the remaining terms, conditions
and provisions which will continue to be valid to the fullest extent permitted
by law.
15. ENTIRE AGREEMENT
15.1 This Licence and any document expressly referred to in it represents
the entire agreement between us in relation to the licensing of the Software,
the Documentation and any Burp Apps and supersedes any prior agreement,
understanding or arrangement between us, whether oral or in writing.
15.2 We each acknowledge that, in entering into this Licence, neither of us
has relied on any representation, undertaking or promise given by the other or
implied from anything said or written in negotiations between us prior to
entering into this Licence except as expressly stated in this Licence.
15.3 Neither of us shall have any remedy in respect of any untrue statement
made by the other, whether orally or in writing, prior to the date we entered
into this Licence (unless such untrue statement was made fraudulently) and the
other party's only remedy shall be for breach of contract as provided in these
terms and conditions.
16. LAW AND JURISDICTION
This Licence, its subject matter or its formation (including non-contractual
disputes or claims) shall be governed by and construed in accordance with
English law and submitted to the exclusive jurisdiction of the English courts.
EOF_LICENSE
agreed=
while [ x$agreed = x ]; do
echo
echo "Do you agree to the above license terms? [yes or no] "
read reply leftover
case $reply in
y* | Y*)
agreed=1
;;
n* | n*)
echo
echo "If you don't agree to the license you can't use this software"
exit 1
;;
esac
done