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| -Source code in this repository is variously licensed under the Business Source |
2 |
| -License 1.1 (BSL), the CockroachDB Community License (CCL), the MIT license, |
3 |
| -BSD-style licenses, and other licenses specified in the source code. Source |
4 |
| -code in a given file is licensed under the BSL and the copyright belongs to The |
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| -Cockroach Authors unless otherwise noted at the beginning of the file. |
| 1 | +CockroachDB Software License |
| 2 | + |
| 3 | +Acceptance |
| 4 | + |
| 5 | +This Agreement sets forth the terms and conditions on which Licensor makes |
| 6 | +the Software available to You. By accessing or using the Software or a |
| 7 | +Modified Version in any manner, You agree to be bound by all the terms and |
| 8 | +conditions of this Agreement. If you are an individual accessing or using the |
| 9 | +Software or a Modified Version on behalf of a legal entity, (i) you represent |
| 10 | +and warrant that you have the authority to enter into this Agreement on |
| 11 | +behalf of such entity and bind such entity to this Agreement, and (ii) |
| 12 | +references to “You” in this Agreement will refer to such entity. |
| 13 | + |
| 14 | +License |
| 15 | + |
| 16 | +Subject to the terms and conditions of this Agreement, Licensor grants You a |
| 17 | +non-exclusive, worldwide, non-sublicensable, non-transferable license to (i) |
| 18 | +use, copy, and distribute the Software, and create Modified Versions (but not |
| 19 | +other modifications or derivative works) of the Software, and (ii) make, have |
| 20 | +made, use, sell, offer for sale and import the Software, where such license |
| 21 | +applies only to those patent claims licensable to You by Licensor that are |
| 22 | +necessarily infringed by the Software as made available to You by Licensor, |
| 23 | +in each of (i) and (ii), for the purposes of operating, evaluating, testing, |
| 24 | +fixing, integrating with, and improving CockroachDB. If You make any written |
| 25 | +claim of patent infringement relating to the Software, Your patent license |
| 26 | +for the Software granted under this Agreement terminates immediately. |
| 27 | + |
| 28 | +Limitations and Obligations |
| 29 | + |
| 30 | +You will not operate the Software or a Modified Version without a License Key |
| 31 | +except for Limited Non-Production Use. You agree to adhere to any limitations |
| 32 | +specified by Licensor regarding use of the License Key at the time it is |
| 33 | +provided to You. You represent and warrant that all information You provide |
| 34 | +to Licensor to obtain a License Key is complete and accurate at the time of |
| 35 | +submission. You must keep any License Key strictly confidential and will not |
| 36 | +share it with any third parties, other than Your affiliates, contractors, and |
| 37 | +agents who are obligated to keep it confidential and use it solely on Your |
| 38 | +behalf. You will ensure that such affiliates, contractors, and agents comply |
| 39 | +with the terms of this Agreement applicable to You, and You will be |
| 40 | +responsible for their acts and omissions as if they were You hereunder. You |
| 41 | +acknowledge that the Software and any Modified Versions may be subject to |
| 42 | +export or import control laws and regulations in the US and other countries, |
| 43 | +and You agree to comply with all such laws and regulations. |
| 44 | + |
| 45 | +You acknowledge that the Software and any Modified Versions share Telemetry |
| 46 | +with Licensor. You will not operate the Software or a Modified Version |
| 47 | +without sharing Telemetry except for Limited Non-Production Use or unless |
| 48 | +Licensor has issued You a License Key that allows Telemetry to be disabled |
| 49 | +and You disable sharing Telemetry. You understand and agree that Licensor may |
| 50 | +use and disclose personal information collected as part of Telemetry in |
| 51 | +accordance with Licensor’s Privacy Policy: |
| 52 | +https://www.cockroachlabs.com/privacy. You acknowledge that the Software and |
| 53 | +Modified Versions include technical countermeasures to limit unauthorized |
| 54 | +use, such as operation without a required License Key or without sending |
| 55 | +required Telemetry. You will not circumvent, remove, disable, block or alter |
| 56 | +any technical countermeasures, Telemetry requirements (except as permitted by |
| 57 | +Your License Key), License Key requirements, or other elements in the |
| 58 | +Software or Modified Versions designed to enforce the terms of this Agreement |
| 59 | +(collectively, the “Protective Measures”). You must include all of the |
| 60 | +Protective Measures in any Modified Version You create. |
| 61 | + |
| 62 | +You will not alter, remove, or obscure any licensing, copyright, trademark, |
| 63 | +or other notices of Licensor in the Software or a Modified Version. You must |
| 64 | +ensure that anyone who receives a copy of any part of the Software or a |
| 65 | +Modified Version from You also receives a copy of this Agreement and if You |
| 66 | +create a Modified Version, You must include in any such Modified Version |
| 67 | +prominent notices stating that You have modified the Software. |
| 68 | + |
| 69 | +You will not perform Benchmarks against any products or services provided |
| 70 | +under terms that restrict performing and disclosing the results of benchmarks |
| 71 | +of such products or services, unless You have the lawful right to waive such |
| 72 | +terms. If You perform or disclose, or direct or permit any third party to |
| 73 | +perform or disclose, any Benchmark, You will include in any disclosure and |
| 74 | +will disclose to Licensor all information necessary to replicate such |
| 75 | +Benchmark, and You agree that Licensor may perform and disclose the results |
| 76 | +of benchmarks of Your products or services, irrespective of any restrictions |
| 77 | +on benchmarks in the terms governing Your products or services. |
| 78 | + |
| 79 | +No Other Rights |
| 80 | + |
| 81 | +Except for the licenses expressly granted to You in this Agreement, Licensor |
| 82 | +grants You no other licenses or rights in the Software or otherwise. |
| 83 | + |
| 84 | +Third-Party Software |
| 85 | + |
| 86 | +The Software may contain or be provided together with Third-Party Software. |
| 87 | +Each item of Third-Party Software is subject to its own license terms, which |
| 88 | +can be found in the documentation accompanying the Software or the source |
| 89 | +code. Copyrights to the Third-Party Software are held by the respective |
| 90 | +copyright holders indicated therein. You agree to fully comply with all such |
| 91 | +Third-Party Software license terms. |
| 92 | + |
| 93 | +Termination |
| 94 | + |
| 95 | +Your licenses to the Software will automatically terminate if You breach any |
| 96 | +term, condition, or restriction of this Agreement; provided that if Your |
| 97 | +breach is capable of being cured and You cure it within 15 days of the breach |
| 98 | +to Licensor’s satisfaction, Your licenses will be reinstated retroactively. |
| 99 | +Notwithstanding the foregoing, intentional or repeated breaches of this |
| 100 | +Agreement by You will cause Your licenses to terminate automatically and |
| 101 | +permanently. |
| 102 | + |
| 103 | +Disclaimer; Liability Limitations |
| 104 | + |
| 105 | +TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED “AS IS” |
| 106 | +AND WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION, EXPRESS OR IMPLIED, |
| 107 | +INCLUDING WITHOUT LIMITATION ANY REPRESENTATION, WARRANTY OR CONDITION OF |
| 108 | +MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT |
| 109 | +OR THAT USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. |
| 110 | + |
| 111 | +LICENSOR WILL NOT BE LIABLE TO YOU FOR (I) ANY CONSEQUENTIAL, INDIRECT, |
| 112 | +SPECIAL, MULTIPLE, PUNITIVE OR INCIDENTAL DAMAGES, (INCLUDING WITHOUT |
| 113 | +LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION AND LOST DATA) OR (II) |
| 114 | +DAMAGES IN EXCESS OF ONE HUNDRED US DOLLARS ($100), ARISING OUT OF THIS |
| 115 | +AGREEMENT OR THE USE OF THE SOFTWARE, REGARDLESS OF THE TYPE OF LEGAL CLAIM |
| 116 | +AND WHETHER LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. |
| 117 | + |
| 118 | +Governing Law |
| 119 | + |
| 120 | +This Agreement shall be governed by and construed under the laws of the State |
| 121 | +of New York and the United States without regard to the conflicts of laws |
| 122 | +provisions thereof. The state and federal courts located in New York County, |
| 123 | +New York, have exclusive jurisdiction for all purposes relating to this |
| 124 | +Agreement. The rights and obligations of the parties to this Agreement will |
| 125 | +not be governed by the United Nations Convention on the International Sale of |
| 126 | +Goods |
| 127 | + |
| 128 | +Definitions |
| 129 | + |
| 130 | +Agreement: This CockroachDB Software License. |
| 131 | + |
| 132 | +Benchmark: Any benchmark, comparative test or evaluation of the Software. |
| 133 | + |
| 134 | +CockroachDB: A database application that is created by compiling either the |
| 135 | +source code of the Software in its complete, unmodified form, or the source |
| 136 | +code of a Modified Version. |
| 137 | + |
| 138 | +Introductory Period: A limited time period during which the Software is |
| 139 | +designed by Licensor to be fully functional and not trigger Protective |
| 140 | +Measures without requiring a License Key to be entered. |
| 141 | + |
| 142 | +License Key: A valid unique code or token for use of the Software that is |
| 143 | +provisioned for You by Licensor. |
| 144 | + |
| 145 | +Licensor: Cockroach Labs, Inc. |
| 146 | + |
| 147 | +Limited Non-Production Use: Use for design, prototyping, testing, or |
| 148 | +development purposes in non-production, internal development environments |
| 149 | +either (i) during the Introductory Period (if any) or (ii) in deploying a |
| 150 | +database that runs solely on a single node. |
| 151 | + |
| 152 | +Modified Version: A derivative work of the Software that provides all or |
| 153 | +substantially all of the features and functionality of the unmodified |
| 154 | +Software using all or substantially all of the source code of the unmodified |
| 155 | +Software. |
| 156 | + |
| 157 | +Software: The software provided to You under this Agreement that includes or |
| 158 | +refers to this Agreement, in any form, including any portion of such software. |
| 159 | + |
| 160 | +Telemetry: Data about Your use of the Software and its features that is |
| 161 | +communicated to Licensor by the Software. |
| 162 | + |
| 163 | +Third-Party Software: Third-party software made available under open source |
| 164 | +or other license terms. |
| 165 | + |
| 166 | +You: The individual or entity agreeing to this Agreement. |
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