From 4f2d7949f03e1c198bc888f2d05f421d35c57e21 Mon Sep 17 00:00:00 2001 From: V3n3RiX Date: Mon, 9 Oct 2017 18:53:29 +0100 Subject: reinit the tree, so we can have metadata --- licenses/Cockroach | 419 +++++++++++++++++++++++++++++++++++++++++++++++++++++ 1 file changed, 419 insertions(+) create mode 100644 licenses/Cockroach (limited to 'licenses/Cockroach') diff --git a/licenses/Cockroach b/licenses/Cockroach new file mode 100644 index 000000000000..94f261c8e7ca --- /dev/null +++ b/licenses/Cockroach @@ -0,0 +1,419 @@ +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. 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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. 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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. 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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. -- cgit v1.2.3