nmap/docs/legal-notices.xml

<title>Legal Notices</title>

<refsect2 id="nmap-copyright">
  <title>Nmap Copyright and Licensing</title>
  <indexterm><primary>copyright</primary></indexterm>
  <indexterm><primary>GNU General Public License</primary></indexterm>


<para>The Nmap Security Scanner is (C) 1996&ndash;2009 Insecure.Com LLC. Nmap is also a registered trademark of Insecure.Com LLC.  This program is free software; you may redistribute and/or modify it under the terms of the GNU General Public License as published by the Free Software Foundation; Version 2 with the clarifications and exceptions described below.  This guarantees your right to use, modify, and redistribute this software under certain conditions.  If you wish to embed Nmap technology into proprietary software, we sell alternative licenses (contact <email>sales@insecure.com</email>).  Dozens of software vendors already license Nmap technology such as host discovery, port scanning, OS detection, and version detection.</para>

<para>Note that the GPL places important restrictions on
<quote>derived works</quote>, yet it does not provide a detailed
definition of that term. To avoid misunderstandings, we consider an
application to constitute a <quote>derivative work</quote> for the
purpose of this license if it does any of the following:</para>

<itemizedlist>
<listitem><para>Integrates source code from Nmap</para></listitem>
<listitem><para>Reads or includes Nmap copyrighted data files, such as
    <filename>nmap-os-db</filename> or
    <filename>nmap-service-probes</filename>.</para></listitem>
<listitem><para>Executes Nmap and parses the results (as opposed to
    typical shell or execution-menu apps, which simply display raw
    Nmap output and so are not derivative works.)</para></listitem>
<listitem><para>Integrates/includes/aggregates Nmap into a proprietary
    executable installer, such as those produced by
    InstallShield.</para></listitem>
<listitem><para>Links to a library or executes a program that does any
    of the above.</para></listitem>
</itemizedlist>

<para>The term <quote>Nmap</quote> should be taken to also include any
portions or derived works of Nmap.  This list is not exclusive, but is
meant to clarify our interpretation of derived works with some common
examples.  Our interpretation applies only to Nmap&mdash;we don't
speak for other people's GPL works.</para>

<para>If you have any questions about the GPL licensing restrictions
on using Nmap in non-GPL works, we would be happy to help. As
mentioned above, we also offer alternative license to integrate Nmap
into proprietary applications and appliances.  These contracts have
been sold to many security vendors, and generally include a perpetual
license as well as providing for priority support and updates as well
as helping to fund the continued development of Nmap
technology. Please email <email>sales@insecure.com</email> for further
information.</para>

<para>As a special exception to the GPL terms, Insecure.Com LLC grants
permission to link the code of this program with any version of the
OpenSSL library which is distributed under a license identical to that
listed in the included <filename>COPYING.OpenSSL</filename> file, and distribute linked
combinations including
the two.<indexterm><primary>OpenSSL</primary><secondary>linking exception</secondary></indexterm>
You must obey the GNU GPL in all
respects for all of the code used other than OpenSSL. If you modify
this file, you may extend this exception to your version of the file,
but you are not obligated to do so.</para>

<para>If you received these files with a written license agreement or
contract stating terms other than the terms above, then that
alternative license agreement takes precedence over these
comments.</para>
</refsect2>

<refsect2 id="man-copyright">
  <title>Creative Commons License for this Nmap Guide</title>
  <para>This <citetitle>Nmap Reference Guide</citetitle> is (C) 2005&ndash;2009 Insecure.Com LLC. It is
   hereby placed under version 2.5 of the <ulink
   url="http://creativecommons.org/licenses/by/2.5/">Creative Commons
   Attribution License</ulink>.  This allows you redistribute and modify
   the work as you desire, as long as you credit the original source.
   Alternatively, you may choose to treat this document as falling under
   the same license as Nmap itself (discussed previously).</para>
</refsect2>

<refsect2 id="source-contrib">
  <title>Source Code Availability and Community Contributions</title>

<para>Source is provided to this software because we believe users
have a right to know exactly what a program is going to do before they
run it. This also allows you to audit the software for security holes
(none have been found so far).</para>

<para>Source code also allows you to port Nmap to new platforms, fix bugs,
and add new features.  You are highly encouraged to send your changes
to <email>nmap-dev@insecure.org</email> for possible incorporation
into the main distribution.  By sending these changes to Fyodor or one
of the Insecure.Org development mailing lists, it is assumed that you
are offering the Nmap Project (Insecure.Com LLC) the unlimited,
non-exclusive right to reuse, modify, and relicense the code.  Nmap
will always be available Open Source,<indexterm><primary>open
source</primary></indexterm> but this is important because the
inability to relicense code has caused devastating problems for other
Free Software projects (such as KDE and NASM).  We also occasionally
relicense the code to third parties as discussed above.  If you wish
to specify special license conditions of your contributions, just say
so when you send them.</para>

</refsect2>

<refsect2 id="no-warranty"><title>No Warranty<indexterm><primary>warranty (lack of)</primary></indexterm></title>

<para>This program is distributed in the hope that it will be useful,
but WITHOUT ANY WARRANTY; without even the implied warranty of
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU
General Public License v2.0 for more details at <ulink
url="http://www.gnu.org/licenses/gpl-2.0.html" />, or in the <filename>COPYING</filename> file
included with Nmap.</para>

<para>It should also be noted that Nmap has occasionally been known to crash
poorly written applications, TCP/IP stacks, and even operating
systems.<indexterm><primary>crashing targets</primary></indexterm>
While this is extremely rare, it is important to keep in
mind.  <emphasis>Nmap should never be run against mission
critical systems</emphasis> unless you are prepared to suffer
downtime. We acknowledge here that Nmap may crash your systems or
networks and we disclaim all liability for any damage or problems Nmap
could cause.</para>
</refsect2>

<refsect2 id="inappropriate-usage"><title>Inappropriate Usage</title>
<para>Because of the slight risk of crashes and because a few black
hats like to use Nmap for reconnaissance prior to attacking systems,
there are administrators who become upset and may complain when their
system is scanned. Thus, it is often advisable to request permission
before doing even a light scan of a network.</para>

<para>Nmap should never be installed with special privileges
(e.g. suid root) for security reasons.<indexterm><primary>setuid, why Nmap shouldn't be</primary></indexterm>
</para>
</refsect2>

<refsect2 id="third-party-soft"><title>Third-Party Software</title>

<para>This product includes software developed by
the <ulink role="hidepdf" url="http://www.apache.org">Apache Software
Foundation</ulink>.  A modified version of the <ulink role="hidepdf"
url="http://www.tcpdump.org">Libpcap portable packet capture
library</ulink><indexterm><primary>libpcap</primary></indexterm>
is distributed along with Nmap.
The Windows version of Nmap utilized the Libpcap-derived
<ulink role="hidepdf" url="http://www.winpcap.org">WinPcap library</ulink><indexterm><primary>WinPcap</primary></indexterm>
instead.
Regular expression support is provided by the
<ulink role="hidepdf" url="http://www.pcre.org">PCRE library</ulink>,<indexterm><primary>Perl Compatible Regular Expressions (PCRE)</primary></indexterm>
which is open-source software, written by Philip Hazel.<indexterm><primary>Hazel, Philip</primary></indexterm>
Certain raw networking functions use the
<ulink role="hidepdf" url="http://libdnet.sourceforge.net">Libdnet</ulink><indexterm><primary>libdnet</primary></indexterm>
networking library, which was written by Dug Song.<indexterm><primary>Song, Dug</primary></indexterm>
A modified version is distributed with Nmap.
Nmap can optionally link with the
<ulink role="hidepdf" url="http://www.openssl.org">OpenSSL
cryptography toolkit</ulink><indexterm><primary>OpenSSL</primary></indexterm>
for SSL version detection support.
The Nmap Scripting Engine uses an embedded version of
the <ulink role="hidepdf" url="http://www.lua.org">Lua programming
language</ulink>.<indexterm><primary>Lua programming language</primary></indexterm>
All of the third-party software described in this paragraph is freely
redistributable under BSD-style software licenses.</para>

</refsect2>

<refsect2 id="us-export"><title>United States Export Control<indexterm><primary>export control</primary></indexterm></title>

<para>Nmap only uses encryption when compiled with the optional
OpenSSL support and linked with OpenSSL.  When compiled without
OpenSSL support, Insecure.Com LLC believes that Nmap is not subject to
U.S. <ulink url="http://www.access.gpo.gov/bis/ear/ear_data.html">Export
Administration Regulations (EAR)</ulink> export control.  As such,
there is no applicable ECCN (explort control classification number)
and exportation does not require any special license, permit, or other
governmental authorization.</para>

<para>When compiled with OpenSSL support or distributed as source
code, Insecure.Com LLC believes that Nmap falls under
U.S. ECCN 
<ulink url="http://www.access.gpo.gov/bis/ear/pdf/ccl5-pt2.pdf">5D002</ulink>
(<quote>Information Security Software</quote>).  We distribute Nmap
under the TSU exception for publicly available encryption
software defined
in <ulink url="http://www.access.gpo.gov/bis/ear/pdf/740.pdf">EAR
740.13(e)</ulink>.</para>

</refsect2>