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authorV3n3RiX <venerix@redcorelinux.org>2017-10-09 18:53:29 +0100
committerV3n3RiX <venerix@redcorelinux.org>2017-10-09 18:53:29 +0100
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+CockroachDB Community License Agreement
+
+ Please read this CockroachDB Community License Agreement (the "Agreement")
+ carefully before using CockroachDB (as defined below), which is offered by
+ Cockroach Labs, Inc. or its affiliated Legal Entities ("Cockroach Labs").
+
+ By downloading CockroachDB or using it in any manner, You agree that You have
+ read and agree to be bound by the terms of this Agreement. If You are
+ accessing CockroachDB on behalf of a Legal Entity, You represent and warrant
+ that You have the authority to agree to these terms on its behalf and the
+ right to bind that Legal Entity to this Agreement. Use of CockroachDB is
+ expressly conditioned upon Your assent to all the terms of this Agreement, to
+ the exclusion of all other terms.
+
+ 1. Definitions. In addition to other terms defined elsewhere in this
+ Agreement, the terms below have the following meanings.
+
+ (a) "CockroachDB" shall mean the SQL database software provided by Cockroach
+ Labs, including both CockroachDB Community and CockroachDB Enterprise
+ editions, as defined below.
+
+ (b) "CockroachDB Community Edition" shall mean the open source version of
+ CockroachDB, available free of charge at
+
+ https://github.com/cockroachdb/cockroach
+
+ (c) "Cockroach Enterprise Edition" shall mean the additional features made
+ available by Cockroach Labs, the use of which is subject to additional
+ terms set out below.
+
+ (d) "Contribution" shall mean 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 Cockroach Labs
+ for inclusion in the Work 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 Cockroach Labs or
+ its representatives, including but not limited to communication on
+ electronic mailing lists, source code control systems, and issue
+ tracking systems that are managed by, or on behalf of, Cockroach Labs
+ 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."
+
+ (e) "Contributor" shall mean any copyright owner or individual or Legal
+ Entity authorized by the copyright owner, other than Cockroach Labs,
+ from whom Cockroach Labs receives a Contribution that Cockroach Labs
+ subsequently incorporates within the Work.
+
+ (f) "Derivative Works" shall mean any work, whether in Source or Object
+ form, that is based on (or derived from) the Work, such as a
+ translation, abridgement, condensation, or any other recasting,
+ transformation, or adaptation for which the editorial revisions,
+ annotations, elaborations, or other modifications represent, as a whole,
+ an original work of authorship. For the purposes of this License,
+ Derivative Works shall not include works that remain separable from, or
+ merely link (or bind by name) to the interfaces of, the Work and
+ Derivative Works thereof.
+
+ (g) "Legal Entity" shall mean 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.
+
+ (h) "License" shall mean the terms and conditions for use, reproduction, and
+ distribution of a Work as defined by this Agreement.
+
+ (i) "Licensor" shall mean Cockroach Labs or a Contributor, as applicable.
+
+ (j) "Object" form shall mean any form resulting from mechanical
+ transformation or translation of a Source form, including but not
+ limited to compiled object code, generated documentation, and
+ conversions to other media types.
+
+ (k) "Source" form shall mean the preferred form for making modifications,
+ including but not limited to software source code, documentation source,
+ and configuration files.
+
+ (l) "Third Party Works" shall mean Works, including Contributions, and other
+ technology owned by a person or Legal Entity other than Cockroach Labs,
+ as indicated by a copyright notice that is included in or attached to
+ such Works or technology.
+
+ (m) "Work" shall mean the work of authorship, whether in Source or Object
+ form, made available under a License, as indicated by a copyright notice
+ that is included in or attached to the work.
+
+ (n) "You" (or "Your") shall mean an individual or Legal Entity exercising
+ permissions granted by this License.
+
+ 2. Licenses.
+
+ (a) License to CockroachDB Community Edition. The License for CockroachDB
+ Community Edition is the Apache License, Version 2.0 ("Apache License").
+ The Apache License includes a grant of patent license, as well as
+ redistribution rights that are contingent on several requirements.
+ Please see
+
+ http://www.apache.org/licenses/LICENSE-2.0
+
+ for full terms. CockroachDB Community Edition is a no-cost, entry-level
+ license and as such, contains the following disclaimers: NOTWITHSTANDING
+ ANYTHING TO THE CONTRARY HEREIN, COCKROACHDB COMMUNITY EDITION IS
+ PROVIDED "AS IS" AND "AS AVAILABLE", AND ALL EXPRESS OR IMPLIED
+ WARRANTIES ARE EXCLUDED AND DISCLAIMED, INCLUDING WITHOUT LIMITATION THE
+ IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
+ NON-INFRINGEMENT, AND ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN
+ LAW OR FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USE IN TRADE.
+ For clarity, the terms of this Agreement, other than the relevant
+ definitions in Section 1 and this Section 2(a) do not apply to
+ CockroachDB Community Edition.
+
+ (b) License to CockroachDB Enterprise Edition.
+
+ i Grant of Copyright License: Subject to the terms of this Agreement,
+ Licensor hereby grants to You a worldwide, non-exclusive,
+ non-transferable limited license to reproduce, prepare Enterprise
+ Derivative Works (as defined below) of, publicly display, publicly
+ perform, sublicense, and distribute CockroachDB Enterprise Edition
+ for Your business purposes, for so long as You are not in violation
+ of this Section 2(b) and are current on all payments required by
+ Section 4 below.
+
+ ii Grant of Patent License: Subject to the terms of this Agreement,
+ Licensor hereby grants to You a worldwide, non-exclusive,
+ non-transferable limited patent license to make, have made, use,
+ offer to sell, sell, import, and otherwise transfer CockroachDB
+ Enterprise Edition, where such license applies only to those patent
+ claims licensable by Licensor 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.
+
+ iii License to Third Party Works: From time to time Cockroach Labs may
+ use, or provide You access to, Third Party Works in connection
+ CockroachDB Enterprise Edition. You acknowledge and agree that in
+ addition to this Agreement, Your use of Third Party Works is subject
+ to all other terms and conditions set forth in the License provided
+ with or contained in such Third Party Works. Some Third Party Works
+ may be licensed to You solely for use with CockroachDB Enterprise
+ Edition under the terms of a third party License, or as otherwise
+ notified by Cockroach Labs, and not under the terms of this
+ Agreement. You agree that the owners and third party licensors of
+ Third Party Works are intended third party beneficiaries to this
+ Agreement.
+
+ 3. Support. From time to time, in its sole discretion, Cockroach Labs may
+ offer professional services or support for CockroachDB, which may now or in
+ the future be subject to additional fees.
+
+ 4. Fees for CockroachDB Enterprise Edition or CockroachDB Support.
+
+ (a) Fees. The License to CockroachDB Enterprise Edition is conditioned upon
+ Your payment of the fees specified on
+
+ https://cockroachlabs.com/pricing
+
+ which You agree to pay to Cockroach Labs in accordance with the payment
+ terms set out on that page. Any professional services or support for
+ CockroachDB may also be subject to Your payment of fees, which will be
+ specified by Cockroach Labs when you sign up to receive such
+ professional services or support. Cockroach Labs reserves the right to
+ change the fees at any time with prior written notice; for recurring
+ fees, any such adjustments will take effect as of the next pay period.
+
+ (b) Overdue Payments and Taxes. Overdue payments are subject to a service
+ charge equal to the lesser of 1.5% per month or the maximum legal
+ interest rate allowed by law, and You shall pay all Cockroach Labs’
+ reasonable costs of collection, including court costs and attorneys’
+ fees. Fees are stated and payable in U.S. dollars and are exclusive of
+ all sales, use, value added and similar taxes, duties, withholdings and
+ other governmental assessments (but excluding taxes based on Cockroach
+ Labs’ income) that may be levied on the transactions contemplated by
+ this Agreement in any jurisdiction, all of which are Your responsibility
+ unless you have provided Cockroach Labs with a valid tax-exempt
+ certificate.
+
+ (c) Record-keeping and Audit. If fees for CockroachDB Enterprise Edition
+ are based on the number of cores or servers running on CockroachDB
+ Enterprise Edition or another use-based unit of measurement, You must
+ maintain complete and accurate records with respect to Your use of
+ CockroachDB Enterprise Edition and will provide such records to
+ Cockroach Labs for inspection or audit upon Cockroach Labs’ reasonable
+ request. If an inspection or audit uncovers additional usage by You for
+ which fees are owed under this Agreement, then You shall pay for such
+ additional usage at Cockroach Labs’ then-current rates.
+
+ 5. Trial License. If You have signed up for a trial or evaluation of
+ CockroachDB Enterprise Edition, Your License to CockroachDB Enterprise
+ Edition is granted without charge for the trial or evaluation period
+ specified when You signed up, or if no term was specified, for thirty (30)
+ calendar days, provided that Your License is granted solely for purposes of
+ Your internal evaluation of Cockroach Enterprise Edition during the trial
+ or evaluation period (a "Trial License"). You may not use CockroachDB
+ Enterprise Edition under a Trial License more than once in any twelve (12)
+ month period. Cockroach Labs may revoke a Trial License at any time and
+ for any reason. Sections 3, 4, 9 and 11 of this Agreement do not apply to
+ Trial Licenses.
+
+ 6. Redistribution. You may reproduce and distribute copies of the Work or
+ Derivative Works thereof in any medium, with or without modifications, and
+ in Source or Object form, provided that You meet the following conditions:
+
+ (a) You must give any other recipients of the Work or Derivative Works a
+ copy of this License; and
+
+ (b) You must cause any modified files to carry prominent notices stating
+ that You changed the files; and
+
+ (c) You must retain, in the Source form of any Derivative Works that You
+ distribute, all copyright, patent, trademark, and attribution notices
+ from the Source form of the Work, excluding those notices that do not
+ pertain to any part of the Derivative Works; and
+
+ (d) If the Work includes a "NOTICE" text file as part of its distribution,
+ then any Derivative Works that You distribute must include a readable
+ copy of the attribution notices contained within such NOTICE file,
+ excluding those notices that do not pertain to any part of the
+ Derivative Works, in at least one of the following places: within a
+ NOTICE text file distributed as part of the Derivative Works; within the
+ Source form or documentation, if provided along with the Derivative
+ Works; or, within a display generated by the Derivative Works, if and
+ wherever such third-party notices normally appear. The contents of the
+ NOTICE file are for informational purposes only and do not modify the
+ License. You may add Your own attribution notices within Derivative
+ Works that You distribute, alongside or as an addendum to the NOTICE
+ text from the Work, provided that such additional attribution notices
+ cannot be construed as modifying the License.
+
+ You may add Your own copyright statement to Your modifications and may
+ provide additional or different license terms and conditions for use,
+ reproduction, or distribution of Your modifications, or for any such
+ Derivative Works as a whole, provided Your use, reproduction, and
+ distribution of the Work otherwise complies with the conditions stated
+ in this License.
+
+ (e) Enterprise Derivative Works: Derivative Works of CockroachDB Enterprise
+ Edition ("Enterprise Derivative Works") may be made, reproduced and
+ distributed in any medium, with or without modifications, in Source or
+ Object form, provided that each Enterprise Derivative Work will be
+ considered to include a License to CockroachDB Enterprise Edition and
+ thus will be subject to the payment of fees to Cockroach Labs by any
+ user of the Enterprise Derivative Work.
+
+ 7. Submission of Contributions. Unless You explicitly state otherwise, any
+ Contribution intentionally submitted for inclusion in CockroachDB by You to
+ Cockroach Labs shall be under the terms and conditions of
+
+ https://cla-assistant.io/cockroachdb/cockroach
+
+ (which is based off of the Apache License), without any additional terms or
+ conditions, payments of royalties or otherwise to Your benefit.
+ Notwithstanding the above, nothing herein shall supersede or modify the
+ terms of any separate license agreement You may have executed with
+ Cockroach Labs regarding such Contributions.
+
+ 8. Trademarks. This License does not grant permission to use the trade names,
+ trademarks, service marks, or product names of Licensor, except as required
+ for reasonable and customary use in describing the origin of the Work and
+ reproducing the content of the NOTICE file.
+
+ 9. Limited Warranty.
+
+ (a) Warranties. Cockroach Labs warrants to You that: (i) CockroachDB
+ Enterprise Edition will materially perform in accordance with the
+ applicable documentation for ninety (90) days after initial delivery to
+ You; and (ii) any professional services performed by Cockroach Labs
+ under this Agreement will be performed in a workmanlike manner, in
+ accordance with general industry standards.
+
+ (b) Exclusions. Cockroach Labs’ warranties in this Section 9 do not extend
+ to problems that result from: (i) Your failure to implement updates
+ issued by Cockroach Labs during the warranty period; (ii) any
+ alterations or additions (including Enterprise Derivative Works and
+ Contributions) to CockroachDB not performed by or at the direction of
+ Cockroach Labs; (iii) failures that are not reproducible by Cockroach
+ Labs; (iv) operation of CockroachDB Enterprise Edition in violation of
+ this Agreement or not in accordance with its documentation; (v) failures
+ caused by software, hardware or products not licensed or provided by
+ Cockroach Labs hereunder; or (vi) Third Party Works.
+
+ (c) Remedies. In the event of a breach of a warranty under this Section 9,
+ Cockroach Labs will, at its discretion and cost, either repair, replace
+ or re-perform the applicable Works or services or refund a portion of
+ fees previously paid to Cockroach Labs that are associated with the
+ defective Works or services. This is Your exclusive remedy, and
+ Cockroach Labs’ sole liability, arising in connection with the limited
+ warranties herein.
+
+ 10. Disclaimer of Warranty. Except as set out in Section 9, unless required
+ by applicable law, Licensor provides the Work (and each Contributor
+ provides its Contributions) on an "AS IS" BASIS, WITHOUT WARRANTIES OR
+ CONDITIONS OF ANY KIND, either express or implied, arising out of course
+ of dealing, course of performance, or usage in trade, including, without
+ limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT,
+ MERCHANTABILITY, CORRECTNESS, RELIABILITY, or FITNESS FOR A PARTICULAR
+ PURPOSE, all of which are hereby disclaimed. You are solely responsible
+ for determining the appropriateness of using or redistributing Works and
+ assume any risks associated with Your exercise of permissions under the
+ applicable License for such Works.
+
+ 11. Limited Indemnity.
+
+ (a) Indemnity. Cockroach Labs will defend, indemnify and hold You harmless
+ against any third party claims, liabilities or expenses incurred
+ (including reasonable attorneys’ fees), as well as amounts finally
+ awarded in a settlement or a non-appealable judgement by a court
+ ("Losses"), to the extent arising from any claim or allegation by a
+ third party that CockroachDB Enterprise Edition infringes or
+ misappropriates a valid United States patent, copyright or trade secret
+ right of a third party; provided that You give Cockroach Labs: (i)
+ prompt written notice of any such claim or allegation; (ii) sole control
+ of the defense and settlement thereof; and (iii) reasonable cooperation
+ and assistance in such defense or settlement. If any Work within
+ CockroachDB Enterprise Edition becomes or, in Cockroach Labs’ opinion,
+ is likely to become, the subject of an injunction, Cockroach Labs may,
+ at its option, (A) procure for You the right to continue using such
+ Work, (B) replace or modify such Work so that it becomes non-infringing
+ without substantially compromising its functionality, or, if (A) and (B)
+ are not commercially practicable, then (C) terminate Your license to the
+ allegedly infringing Work and refund to You a prorated portion of the
+ prepaid and unearned fees for such infringing Work. The foregoing
+ states the entire liability of Cockroach Labs with respect to
+ infringement of patents, copyrights, trade secrets or other intellectual
+ property rights.
+
+ (b) Exclusions. The foregoing obligations shall not apply to: (i) Works
+ modified by any party other than Cockroach Labs (including Enterprise
+ Derivative Works and Contributions), if the alleged infringement relates
+ to such modification, (ii) Works combined or bundled with any products,
+ processes or materials not provided by Cockroach Labs where the alleged
+ infringement relates to such combination, (iii) use of a version of
+ CockroachDB Enterprise Edition other than the version that was current
+ at the time of such use, as long as a non-infringing version had been
+ released, (iv) any Works created to Your specifications, (v)
+ infringement or misappropriation of any proprietary right in which You
+ have an interest, or (vi) Third Party Works. You will defend, indemnify
+ and hold Cockroach Labs harmless against any Losses arising from any
+ such claim or allegation, subject to conditions reciprocal to those in
+ Section 11(a).
+
+ 12. Limitation of Liability. In no event and under no legal or equitable
+ theory, whether in tort (including negligence), contract, or otherwise,
+ unless required by applicable law (such as deliberate and grossly
+ negligent acts), and notwithstanding anything in this Agreement to the
+ contrary, shall Licensor or any Contributor be liable to You for (i) any
+ amounts in excess, in the aggregate, of the fees paid by You to Cockroach
+ Labs under this Agreement in the twelve (12) months preceding the date the
+ first cause of liability arose), or (ii) any indirect, special,
+ incidental, punitive, exemplary, reliance, or consequential damages of any
+ character arising as a result of this Agreement or out of the use or
+ inability to use the Work (including but not limited to damages for loss
+ of goodwill, profits, data or data use, work stoppage, computer failure or
+ malfunction, cost of procurement of substitute goods, technology or
+ services, or any and all other commercial damages or losses), even if such
+ Licensor or Contributor has been advised of the possibility of such
+ damages. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE
+ ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
+
+ 13. Accepting Warranty or Additional Liability. While redistributing Works or
+ Derivative Works thereof, and without limiting your obligations under
+ Section 6, You may choose to offer, and charge a fee for, acceptance of
+ support, warranty, indemnity, or other liability obligations and/or rights
+ consistent with this License. However, in accepting such obligations, You
+ may act only on Your own behalf and on Your sole responsibility, not on
+ behalf of any other Contributor, and only if You agree to indemnify,
+ defend, and hold Cockroach Labs and each other Contributor harmless for
+ any liability incurred by, or claims asserted against, such Contributor by
+ reason of your accepting any such warranty or additional liability.
+
+ 14. General.
+
+ (a) Relationship of Parties. You and Cockroach Labs are independent
+ contractors, and nothing herein shall be deemed to constitute either
+ party as the agent or representative of the other or both parties as
+ joint venturers or partners for any purpose.
+
+ (b) Export Control. You shall comply with the U.S. Foreign Corrupt
+ Practices Act and all applicable export laws, restrictions and
+ regulations of the U.S. Department of Commerce, and any other applicable
+ U.S. and foreign authority.
+
+ (c) Assignment. This Agreement and the rights and obligations herein may
+ not be assigned or transferred, in whole or in part, by You without the
+ prior written consent of Cockroach Labs. Any assignment in violation of
+ this provision is void. This Agreement shall be binding upon, and inure
+ to the benefit of, the successors and permitted assigns of the parties.
+
+ (d) Governing Law. This Agreement shall be governed by and construed under
+ the laws of the State of New York and the United States without regard
+ to conflicts of laws provisions thereof, and without regard to the
+ Uniform Computer Information Transactions Act.
+
+ (e) Attorneys’ Fees. In any action or proceeding to enforce rights under
+ this Agreement, the prevailing party shall be entitled to recover its
+ costs, expenses and attorneys’ fees.
+
+ (f) Severability. If any provision of this Agreement is held to be invalid,
+ illegal or unenforceable in any respect, that provision shall be limited
+ or eliminated to the minimum extent necessary so that this Agreement
+ otherwise remains in full force and effect and enforceable.
+
+ (g) Entire Agreement; Waivers; Modification. This Agreement constitutes the
+ entire agreement between the parties relating to the subject matter
+ hereof and supersedes all proposals, understandings, or discussions,
+ whether written or oral, relating to the subject matter of this
+ Agreement and all past dealing or industry custom. The failure of either
+ party to enforce its rights under this Agreement at any time for any
+ period shall not be construed as a waiver of such rights. No changes,
+ modifications or waivers to this Agreement will be effective unless in
+ writing and signed by both parties.