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authorV3n3RiX <venerix@redcorelinux.org>2021-02-13 21:41:11 +0000
committerV3n3RiX <venerix@redcorelinux.org>2021-02-13 21:41:11 +0000
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treec44943ee0563a3fa957716de909fed683117fcb9 /licenses
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+TIMESCALE LICENSE AGREEMENT
+
+Posted Date: September 24, 2020
+
+PLEASE READ CAREFULLY THIS TIMESCALE LICENSE AGREEMENT ("TSL Agreement"), WHICH
+CONSTITUTES A LEGALLY BINDING AGREEMENT AND GOVERNS USE OF THE TIMESCALE
+TIME-SERIES DATABASE SOFTWARE AND RELATED SOFTWARE THAT IS PROVIDED SUBJECT TO
+THIS TSL AGREEMENT. BY INSTALLING OR USING SUCH SOFTWARE, YOU AGREE THAT YOU
+HAVE READ AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS TSL
+AGREEMENT. IF YOU DO NOT AGREE WITH SUCH TERMS AND CONDITIONS, YOU MAY NOT
+INSTALL OR USE SUCH SOFTWARE. IF YOU ARE INSTALLING OR USING SUCH SOFTWARE ON
+BEHALF OF A LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY
+TO AGREE TO THE TERMS AND CONDITIONS OF THIS TSL AGREEMENT ON BEHALF OF THAT
+LEGAL ENTITY AND THE RIGHT TO BIND THAT LEGAL ENTITY TO THIS TSL AGREEMENT.
+
+This TSL Agreement is entered into by and between Timescale, Inc. ("Timescale")
+and you or the legal entity on whose behalf you are accepting this TSL
+Agreement ("You").
+
+0. BACKGROUND
+
+ The Timescale time-series database software and related software is offered
+ as "open code" or "source-available" code. This means that all source code
+ of the software is available for inspection and download at
+ https://github.com/timescale. The Timescale software is composed of two
+ major pieces.
+
+ The first piece (referred to herein as the Timescale Open Source Software,
+ as defined below) is open source software that is licensed under the Apache
+ Version 2.0 license.
+
+ The second piece (referred to herein as the TSL Licensed Software, as
+ defined below) is all of the Timescale Software other than the Timescale
+ Open Source Software. The TSL Licensed Software may be used under this TSL
+ Agreement without charge.
+
+1. GOVERNING LICENSES
+
+ 1.1 Source Code. The source code for all Timescale Software is made
+ publicly available by Timescale at https://github.com/timescale. However,
+ different license agreements govern the use of different parts of the
+ Timescale Software source code. The use of Timescale Open Source Software,
+ in both source and executable forms, is governed by the terms of the Apache
+ License Version 2.0, a copy of which is available at
+ https://opensource.org/licenses/Apache-2.0. The use of all other Timescale
+ Software, in both source and executable forms, is governed by this TSL
+ Agreement.
+
+ 1.2 License Rights to Your Customers. As set forth in Section 2.1 below,
+ the use by Your customers of the Timescale Software as part of any Value
+ Added Products or Services that You distribute will be subject to the most
+ current version of this TSL Agreement.
+
+2. GRANT OF LICENSES
+
+ 2.1 Grant. Conditioned upon compliance with all of the terms and conditions
+ of this TSL Agreement, Timescale grants to You at no charge the following
+ limited, non-exclusive, non-transferable, fully paid up, worldwide licenses,
+ without the right to grant or authorize sublicenses (except as set forth in
+ Section 2.3):
+
+ (a) Internal Use. A license to copy, compile, install, and use the
+ Timescale Software and Derivative Works solely for Your own internal
+ business purposes in a manner that does not expose or give access to,
+ directly or indirectly (e.g., via a wrapper), the Timescale Data
+ Definition Interfaces or the Timescale Data Manipulation Interfaces to
+ any person or entity other than You or Your employees and Contractors
+ working on Your behalf.
+
+ (b) Value Added Products or Services. A license (i) to copy, compile,
+ install, and use the Timescale Software, Derivative Works, or parts
+ thereof to develop and maintain Your Value Added Products or Services,
+ (ii) to utilize (in the case of services) copies of the Timescale
+ Software, Derivative Works, or parts thereof solely as incorporated
+ into or utilized with Your Value Added Products or Services, and
+ (iii) to distribute (in the case of products that are distributed to
+ Your customers) copies of the Timescale Software binaries or of
+ Derivative Works solely in binary form, and both solely as incorporated
+ into or utilized with Your Value Added Products or Services; provided
+ that (1) You notify Your customers that use of such Timescale Software
+ or Derivative Works is subject to this TSL Agreement and You provide to
+ each such customer a copy of the most current version of this TSL
+ Agreement or a URL from which the most current version of this TSL
+ Agreement may be obtained, and (2) the customer is prohibited, either
+ contractually or technically, from defining, redefining, or modifying
+ the database schema or other structural aspects of database objects,
+ such as through use of the Timescale Data Definition Interfaces, in a
+ Timescale Database utilized by such Value Added Products or Services.
+
+ (c) Distribution of Source Code or Binaries in Standalone Form. Subject
+ to the prohibitions in Section 2.2 below, a license to copy and
+ distribute the Timescale Software source code and binaries solely in
+ unmodified standalone form and subject to the terms and conditions of
+ the most current version of this TSL Agreement.
+
+ (d) Derivative Works. A license (i) to prepare, compile, and test
+ Derivative Works of the TSL Licensed Software; (ii) to use Derivative
+ Works for Internal Use solely as expressly permitted in Section 2.1(a);
+ (iii) to utilize Derivative Works with Your Value Added Products or
+ Services solely as expressly permitted in Section 2.1(b); (iv) to
+ distribute Derivative Works in binary form with Your Value Added
+ Products or Services solely as expressly permitted in Section 2.1(b);
+ and (v) to distribute Derivative Works back to Timescale under
+ Timescale's Contributor Agreement for potential incorporation into
+ Timescale's maintained code base at its sole discretion.
+
+ 2.2 Prohibitions. Notwithstanding any other provision in this TSL
+ Agreement, You are prohibited from (i) using any TSL Licensed Software to
+ provide time-sharing services or database-as-a-service services, or to
+ provide any form of software-as-a-service or service offering in which the
+ TSL Licensed Software is offered or made available to third parties to
+ provide time-series database functions or operations, other than as part of
+ Your Value Added Products or Services, or (ii) copying or distributing any
+ TSL Licensed Software for use in any of the foregoing ways. In addition,
+ You agree not to, except as expressly permitted in Section 2.1(d), prepare
+ Derivative Works of any TSL Licensed Software or, except as expressly
+ permitted herein, transfer, sell, rent, lease, sublicense, loan, or
+ otherwise transfer or make available any TSL Licensed Software, whether in
+ source code or binary executable form.
+
+ 2.3 Affiliates and Contractors. You may permit Your Contractors and
+ Affiliates to exercise the licenses set forth in Section 2.1, provided that
+ such exercise by Contractors must be solely for your benefit and/or the
+ benefit of Your Affiliates, and You shall be responsible for all acts and
+ omissions of such Contractors and Affiliates in connection with such
+ exercise of the licenses, including but not limited to breach of any terms
+ of this TSL Agreement.
+
+ 2.4 Reservation of Rights. Except as expressly set forth in Section 2.1, no
+ other license or rights to the Timescale Software are granted to You under
+ this TSL Agreement, whether by implication, estoppel, or otherwise.
+
+3. DEFINITIONS
+
+ In addition to other terms defined elsewhere in this TSL Agreement, the
+ terms below have the following meanings:
+
+ 3.1 "Affiliate" means, if You are a legal entity, any legal entity that
+ controls, is controlled by, or which is under common control with, You,
+ where "control" means ownership of at least fifty percent (50%) of the
+ outstanding voting shares of the legal entity, or the contractual right to
+ establish policy for, and manage the operations of, the legal entity.
+
+ 3.2 "Contractor" means a person or entity engaged as a consultant or
+ contractor to perform work on Your behalf, but only to the extent such
+ person or entity is performing such work on Your behalf.
+
+ 3.3 "Derivative Work" means any modification or enhancement made by You to
+ the TSL Licensed Software, whether in source code, binary executable,
+ intermediate, or other form.
+
+ 3.4 "Timescale Database" means a time-series database that is created
+ and/or used by the Timescale Software.
+
+ 3.5 "Timescale Data Definition Interfaces" means SQL commands and other
+ interfaces of the Timescale Software that can be used to define or modify
+ the database schema and other structural aspects of database objects in a
+ Timescale Database, including Data Definition Language (DDL) commands such
+ as CREATE, DROP, ALTER, TRUNCATE, COMMENT, and RENAME.
+
+ 3.6 "Timescale Data Manipulation Interfaces" means SQL commands and
+ analytical function, procedural, and other types of application programming
+ interfaces or commands, that allow the use, manipulation, and control of
+ data present in a Timescale Database, including Data Manipulation Language
+ (DDL) commands such as SELECT, INSERT, UPDATE, and DELETE, Data Control
+ Language (DCL) commands such as GRANT and REVOKE, and Transaction Control
+ Language (TCL) commands such as COMMIT, ROLLBACK, SAVEPOINT, and SET
+ TRANSACTION.
+
+ 3.7 "Timescale Open Source Software" means those portions of the Timescale
+ Software that Timescale makes publicly available for distribution from time
+ to time as open source software under the terms of the Apache License
+ Version 2.0 or, in some limited instances, under other open source licenses
+ (such as the PostgreSQL license) as identified in the applicable source
+ code files and/or accompanying notices.
+
+ 3.8 "Timescale Software" means, collectively, all time-series database
+ software and related software made publicly available by Timescale for
+ distribution from time to time, in both source code and binary executable
+ form, which includes the Timescale Open Source Software and the TSL
+ Licensed Software.
+
+ 3.9 "TSL Licensed Software" means those parts of the Timescale Software
+ other than the Timescale Open Source Software.
+
+ 3.10 "Value Added Products or Services" means products or services developed
+ by or for You that utilize (for example, as a back-end function or part of a
+ software stack) all or parts of the Timescale Software to provide
+ time-series database storage and operations in support of larger value-added
+ products or services (for example, an IoT platform or vertical-specific
+ application) with respect to which all of the following are true:
+
+ (i) such value-added products or services are not primarily database
+ storage or operations products or services;
+
+ (ii) such value-added products or services add substantial value of a
+ different nature to the time-series database storage and operations
+ afforded by the Timescale Software and are the key functions upon which
+ such products or services are offered and marketed; and
+
+ (iii) users of such Value Added Products or Services are prohibited,
+ either contractually or technically, from defining, redefining, or
+ modifying the database schema or other structural aspects of database
+ objects, such as through use of the Timescale Data Definition Interfaces,
+ in a Timescale Database utilized by such Value Added Products or
+ Services.
+
+4. TERMINATION
+
+ This TSL Agreement will automatically terminate, whether or not You receive
+ notice of such termination from Timescale, in the event You breach any of
+ its terms or conditions. In accordance with Section 6 below, Timescale
+ shall have no liability for any damage, loss, or expense of any kind,
+ whether consequential, indirect, or direct, suffered or incurred by You
+ arising from or incident to the termination of this TSL Agreement, whether
+ or not Timescale has been advised or is aware of any such potential damage,
+ loss, or expense.
+
+5. DISCLAIMER OF WARRANTIES
+
+ TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ALL TIMESCALE SOFTWARE
+ PROVIDED UNDER THIS TSL AGREEMENT, INCLUDING ALL PORTIONS OF THE TIMESCALE
+ SOFTWARE SUPPLIED ON A TRIAL BASIS, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF
+ ANY KIND AND TIMESCALE DISCLAIMS ALL SUCH WARRANTIES, WHETHER EXPRESS,
+ STATUTORY, OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF
+ MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR
+ NON-INFRINGEMENT, AND ANY IMPLIED WARRANTIES ARISING FROM USAGE OF TRADE,
+ COURSE OF DEALING, OR COURSE OF PERFORMANCE. WITHOUT LIMITING THE
+ FOREGOING, TIMESCALE MAKES NO WARRANTY OR REPRESENTATION AS TO THE
+ RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, PROFITABILITY, SUPPORT,
+ PERFORMANCE, LOSS OF USE OR LOSS OF DATA, AVAILABILITY, OR ACCURACY OF THE
+ TIMESCALE SOFTWARE. YOU ACKNOWLEDGE THAT CHANGES MADE BY TIMESCALE TO THE
+ TIMESCALE SOFTWARE MAY DISRUPT INTEROPERATION WITH YOUR VALUE ADDED PRODUCTS
+ OR SERVICES. TIMESCALE AND ITS LICENSORS DO NOT WARRANT THAT THE TIMESCALE
+ SOFTWARE, OR ANY PORTION THEREOF, IS ERROR FREE OR WILL OPERATE WITHOUT
+ INTERRUPTION, OR THAT ANY VALUE ADDED PRODUCT OR SERVICE INTEROPERATING WITH
+ THE TIMESCALE SOFTWARE WILL NOT EXPERIENCE LOSS OF USE OR LOSS OF DATA. YOU
+ ACKNOWLEDGE THAT IN ENTERING INTO THIS TSL AGREEMENT, YOU HAVE NOT RELIED ON
+ ANY PROMISE, WARRANTY, OR REPRESENTATION NOT EXPRESSLY SET FORTH IN THIS
+ AGREEMENT.
+
+6. LIMITATION OF LIABILITY
+
+ TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL
+ TIMESCALE OR ITS LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
+ DIRECT OR INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOSS OF PROFITS
+ OR REVENUE, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, COST OF COVER
+ OR SUBSTITUTE GOODS OR SERVICES, OR FOR ANY SPECIAL, INCIDENTAL,
+ CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, HOWEVER CAUSED,
+ RELATED TO, OR ARISING OUT OF THIS TSL AGREEMENT, ITS TERMINATION OR THE
+ PERFORMANCE OR FAILURE TO PERFORM THIS TSL AGREEMENT, OR THE USE OR
+ INABILITY TO USE THE TIMESCALE SOFTWARE, WHETHER ALLEGED AS A BREACH OF
+ CONTRACT, BREACH OF WARRANTY, TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, OR ANY
+ OTHER LEGAL THEORY, EVEN IF TIMESCALE HAS BEEN ADVISED OR IS AWARE OF THE
+ POSSIBILITY OF SUCH DAMAGES.
+
+7. GENERAL
+
+ 7.1 Complete Agreement. This TSL Agreement completely and exclusively
+ states the entire agreement of the parties regarding the subject matter
+ hereof and supersedes all prior proposals, agreements, or other
+ communications between the parties, oral or written, regarding such subject
+ matter.
+
+ 7.2 Modification. This TSL Agreement may be modified by Timescale from time
+ to time, and any such modifications will be effective upon the "Posted Date"
+ set forth at the top of the modified agreement. The modified agreement shall
+ govern any new version of the TSL Licensed Software (and all its constituent
+ source code and binaries) that is officially released as a complete version
+ release by Timescale on or after such Posted Date. Except as set forth in
+ this Section 7.2, this TSL Agreement may not be amended except by a writing
+ executed by both parties.
+
+ 7.3 Governing Law. This TSL Agreement shall be governed by and construed
+ solely under the laws of the State of New York, without application of any
+ choice of law rules or principles that would lead to the applicability of
+ the law of any other jurisdiction. None of the provisions of either the
+ United Nations Convention on Contracts for the International Sale of Goods
+ or the Uniform Computer Information Transactions Act shall apply.
+
+ 7.4 Unenforceability. If any provision of this TSL Agreement is held
+ unenforceable, the remaining provisions of this TSL Agreement shall remain
+ in effect and the unenforceable provision shall be replaced by an
+ enforceable provision that best reflects the original intent of the parties.
+
+ 7.5 Injunctive Relief. You acknowledge that a breach or threatened breach
+ of any provision of this TSL Agreement will cause irreparable harm to
+ Timescale for which damages at law will not provide adequate relief, and
+ Timescale shall therefore be entitled to injunctive relief against such
+ breach or threatened breach without being required to post a bond.
+
+ 7.6 Assignment. You may not assign this TSL Agreement, including by
+ operation of law in connection with a merger or acquisition or otherwise,
+ in whole or in part, without the prior written consent of Timescale, which
+ Timescale may grant or withhold in its sole and absolute discretion. Any
+ assignment in violation of the preceding sentence is void.
+
+ 7.7 Independent Contractors. The parties to this TSL Agreement are
+ independent contractors and this TSL Agreement does not establish any
+ relationship of partnership, joint venture, employment, franchise, or agency
+ between the parties.
+
+ 7.8 U.S. Government Rights. The Timescale Software and related
+ documentation are "Commercial Items", as that term is defined at 48
+ C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial
+ Computer Software Documentation," as such terms are used in 48
+ C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable, and
+ are being licensed to U.S. Government end users (a) only as
+ Commercial Items and (b) with only those rights as are granted to all other
+ end users pursuant to the terms and conditions of this TSL Agreement.
+