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diff --git a/licenses/Elastic b/licenses/Elastic new file mode 100644 index 000000000000..7376ffc3ff10 --- /dev/null +++ b/licenses/Elastic @@ -0,0 +1,223 @@ +ELASTIC LICENSE AGREEMENT + +PLEASE READ CAREFULLY THIS ELASTIC LICENSE AGREEMENT (THIS "AGREEMENT"), WHICH +CONSTITUTES A LEGALLY BINDING AGREEMENT AND GOVERNS ALL OF YOUR USE OF ALL OF +THE ELASTIC SOFTWARE WITH WHICH THIS AGREEMENT IS INCLUDED ("ELASTIC SOFTWARE") +THAT IS PROVIDED IN OBJECT CODE FORMAT, AND, IN ACCORDANCE WITH SECTION 2 BELOW, +CERTAIN OF THE ELASTIC SOFTWARE THAT IS PROVIDED IN SOURCE CODE FORMAT. BY +INSTALLING OR USING ANY OF THE ELASTIC SOFTWARE GOVERNED BY THIS AGREEMENT, YOU +ARE ASSENTING TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE +WITH SUCH TERMS AND CONDITIONS, YOU MAY NOT INSTALL OR USE THE ELASTIC SOFTWARE +GOVERNED BY THIS AGREEMENT. IF YOU ARE INSTALLING OR USING THE SOFTWARE ON +BEHALF OF A LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE ACTUAL +AUTHORITY TO AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT ON BEHALF OF +SUCH ENTITY. + +Posted Date: April 20, 2018 + +This Agreement is entered into by and between Elasticsearch BV ("Elastic") and +You, or the legal entity on behalf of whom You are acting (as applicable, +"You"). + +1. OBJECT CODE END USER LICENSES, RESTRICTIONS AND THIRD PARTY OPEN SOURCE +SOFTWARE + + 1.1 Object Code End User License. Subject to the terms and conditions of + Section 1.2 of this Agreement, Elastic hereby grants to You, AT NO CHARGE and + for so long as you are not in breach of any provision of this Agreement, a + License to the Basic Features and Functions of the Elastic Software. + + 1.2 Reservation of Rights; Restrictions. As between Elastic and You, Elastic + and its licensors own all right, title and interest in and to the Elastic + Software, and except as expressly set forth in Sections 1.1, and 2.1 of this + Agreement, no other license to the Elastic Software is granted to You under + this Agreement, by implication, estoppel or otherwise. You agree not to: (i) + reverse engineer or decompile, decrypt, disassemble or otherwise reduce any + Elastic Software provided to You in Object Code, or any portion thereof, to + Source Code, except and only to the extent any such restriction is prohibited + by applicable law, (ii) except as expressly permitted in this Agreement, + prepare derivative works from, modify, copy or use the Elastic Software Object + Code or the Commercial Software Source Code in any manner; (iii) except as + expressly permitted in Section 1.1 above, transfer, sell, rent, lease, + distribute, sublicense, loan or otherwise transfer, Elastic Software Object + Code, in whole or in part, to any third party; (iv) use Elastic Software + Object Code for providing time-sharing services, any software-as-a-service, + service bureau services or as part of an application services provider or + other service offering (collectively, "SaaS Offering") where obtaining access + to the Elastic Software or the features and functions of the Elastic Software + is a primary reason or substantial motivation for users of the SaaS Offering + to access and/or use the SaaS Offering ("Prohibited SaaS Offering"); (v) + circumvent the limitations on use of Elastic Software provided to You in + Object Code format that are imposed or preserved by any License Key, or (vi) + alter or remove any Marks and Notices in the Elastic Software. If You have any + question as to whether a specific SaaS Offering constitutes a Prohibited SaaS + Offering, or are interested in obtaining Elastic's permission to engage in + commercial or non-commercial distribution of the Elastic Software, please + contact elastic_license@elastic.co. + + 1.3 Third Party Open Source Software. The Commercial Software may contain or + be provided with third party open source libraries, components, utilities and + other open source software (collectively, "Open Source Software"), which Open + Source Software may have applicable license terms as identified on a website + designated by Elastic. Notwithstanding anything to the contrary herein, use of + the Open Source Software shall be subject to the license terms and conditions + applicable to such Open Source Software, to the extent required by the + applicable licensor (which terms shall not restrict the license rights granted + to You hereunder, but may contain additional rights). To the extent any + condition of this Agreement conflicts with any license to the Open Source + Software, the Open Source Software license will govern with respect to such + Open Source Software only. Elastic may also separately provide you with + certain open source software that is licensed by Elastic. Your use of such + Elastic open source software will not be governed by this Agreement, but by + the applicable open source license terms. + +2. COMMERCIAL SOFTWARE SOURCE CODE + + 2.1 Limited License. Subject to the terms and conditions of Section 2.2 of + this Agreement, Elastic hereby grants to You, AT NO CHARGE and for so long as + you are not in breach of any provision of this Agreement, a limited, + non-exclusive, non-transferable, fully paid up royalty free right and license + to the Commercial Software in Source Code format, without the right to grant + or authorize sublicenses, to prepare Derivative Works of the Commercial + Software, provided You (i) do not hack the licensing mechanism, or otherwise + circumvent the intended limitations on the use of Elastic Software to enable + features other than Basic Features and Functions or those features You are + entitled to as part of a Subscription, and (ii) use the resulting object code + only for reasonable testing purposes. + + 2.2 Restrictions. Nothing in Section 2.1 grants You the right to (i) use the + Commercial Software Source Code other than in accordance with Section 2.1 + above, (ii) use a Derivative Work of the Commercial Software outside of a + Non-production Environment, in any production capacity, on a temporary or + permanent basis, or (iii) transfer, sell, rent, lease, distribute, sublicense, + loan or otherwise make available the Commercial Software Source Code, in whole + or in part, to any third party. Notwithstanding the foregoing, You may + maintain a copy of the repository in which the Source Code of the Commercial + Software resides and that copy may be publicly accessible, provided that you + include this Agreement with Your copy of the repository. + +3. TERMINATION + + 3.1 Termination. This Agreement will automatically terminate, whether or not + You receive notice of such Termination from Elastic, if You breach any of its + provisions. + + 3.2 Post Termination. Upon any termination of this Agreement, for any reason, + You shall promptly cease the use of the Elastic Software in Object Code format + and cease use of the Commercial Software in Source Code format. For the + avoidance of doubt, termination of this Agreement will not affect Your right + to use Elastic Software, in either Object Code or Source Code formats, made + available under the Apache License Version 2.0. + + 3.3 Survival. Sections 1.2, 2.2. 3.3, 4 and 5 shall survive any termination or + expiration of this Agreement. + +4. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY + + 4.1 Disclaimer of Warranties. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE + LAW, THE ELASTIC SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, + AND ELASTIC AND ITS LICENSORS MAKE NO WARRANTIES WHETHER EXPRESSED, IMPLIED OR + STATUTORY REGARDING OR RELATING TO THE ELASTIC SOFTWARE. TO THE MAXIMUM EXTENT + PERMITTED UNDER APPLICABLE LAW, ELASTIC AND ITS LICENSORS SPECIFICALLY + DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR + PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE ELASTIC SOFTWARE, AND WITH + RESPECT TO THE USE OF THE FOREGOING. FURTHER, ELASTIC DOES NOT WARRANT RESULTS + OF USE OR THAT THE ELASTIC SOFTWARE WILL BE ERROR FREE OR THAT THE USE OF THE + ELASTIC SOFTWARE WILL BE UNINTERRUPTED. + + 4.2 Limitation of Liability. IN NO EVENT SHALL ELASTIC OR ITS LICENSORS BE + LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT OR INDIRECT DAMAGES, + INCLUDING, WITHOUT LIMITATION, FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS + INTERRUPTION, LOSS OF DATA, COST OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY + SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, IN CONNECTION WITH + OR ARISING OUT OF THE USE OR INABILITY TO USE THE ELASTIC SOFTWARE, OR THE + PERFORMANCE OF OR FAILURE TO PERFORM THIS AGREEMENT, WHETHER ALLEGED AS A + BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN IF ELASTIC + HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. + +5. MISCELLANEOUS + + This Agreement completely and exclusively states the entire agreement of the + parties regarding the subject matter herein, and it supersedes, and its terms + govern, all prior proposals, agreements, or other communications between the + parties, oral or written, regarding such subject matter. This Agreement may be + modified by Elastic from time to time, and any such modifications will be + effective upon the "Posted Date" set forth at the top of the modified + Agreement. If any provision hereof is held unenforceable, this Agreement will + continue without said provision and be interpreted to reflect the original + intent of the parties. This Agreement and any non-contractual obligation + arising out of or in connection with it, is governed exclusively by Dutch law. + This Agreement shall not be governed by the 1980 UN Convention on Contracts + for the International Sale of Goods. All disputes arising out of or in + connection with this Agreement, including its existence and validity, shall be + resolved by the courts with jurisdiction in Amsterdam, The Netherlands, except + where mandatory law provides for the courts at another location in The + Netherlands to have jurisdiction. The parties hereby irrevocably waive any and + all claims and defenses either might otherwise have in any such action or + proceeding in any of such courts based upon any alleged lack of personal + jurisdiction, improper venue, forum non conveniens or any similar claim or + defense. A breach or threatened breach, by You of Section 2 may cause + irreparable harm for which damages at law may not provide adequate relief, and + therefore Elastic shall be entitled to seek injunctive relief without being + required to post a bond. You may not assign this Agreement (including by + operation of law in connection with a merger or acquisition), in whole or in + part to any third party without the prior written consent of Elastic, which + may be withheld or granted by Elastic in its sole and absolute discretion. + Any assignment in violation of the preceding sentence is void. Notices to + Elastic may also be sent to legal@elastic.co. + +6. DEFINITIONS + + The following terms have the meanings ascribed: + + 6.1 "Affiliate" means, with respect to a party, any entity that controls, is + controlled by, or which is under common control with, such party, where + "control" means ownership of at least fifty percent (50%) of the outstanding + voting shares of the entity, or the contractual right to establish policy for, + and manage the operations of, the entity. + + 6.2 "Basic Features and Functions" means those features and functions of the + Elastic Software that are eligible for use under a Basic license, as set forth + at https://www.elastic.co/subscriptions, as may be modified by Elastic from + time to time. + + 6.3 "Commercial Software" means the Elastic Software Source Code in any file + containing a header stating the contents are subject to the Elastic License or + which is contained in the repository folder labeled "x-pack", unless a LICENSE + file present in the directory subtree declares a different license. + + 6.4 "Derivative Work of the Commercial Software" means, for purposes of this + Agreement, any modification(s) or enhancement(s) to the Commercial Software, + which represent, as a whole, an original work of authorship. + + 6.5 "License" means a limited, non-exclusive, non-transferable, fully paid up, + royalty free, right and license, without the right to grant or authorize + sublicenses, solely for Your internal business operations to (i) install and + use the applicable Features and Functions of the Elastic Software in Object + Code, and (ii) permit Contractors and Your Affiliates to use the Elastic + software as set forth in (i) above, provided that such use 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 their use of the Elastic software that are + contrary to the terms and conditions of this Agreement. + + 6.6 "License Key" means a sequence of bytes, including but not limited to a + JSON blob, that is used to enable certain features and functions of the + Elastic Software. + + 6.7 "Marks and Notices" means all Elastic trademarks, trade names, logos and + notices present on the Documentation as originally provided by Elastic. + + 6.8 "Non-production Environment" means an environment for development, testing + or quality assurance, where software is not used for production purposes. + + 6.9 "Object Code" means any form resulting from mechanical transformation or + translation of Source Code form, including but not limited to compiled object + code, generated documentation, and conversions to other media types. + + 6.10 "Source Code" means the preferred form of computer software for making + modifications, including but not limited to software source code, + documentation source, and configuration files. + + 6.11 "Subscription" means the right to receive Support Services and a License + to the Commercial Software. |