End User License Agreement
If you have another valid, signed agreement with Licensor or a Licensor authorized reseller which applies to the specific products or services you are downloading, accessing, or otherwise receiving, that other agreement controls; otherwise, by using, downloading, installing, copying, or accessing Software, Maintenance, or Consulting Services, or by clicking on "I accept" on or adjacent to the screen where these Master Terms may be displayed, you hereby agree to be bound by and accept these Master Terms. These Master Terms also apply to any Maintenance or Consulting Services you later acquire from Licensor relating to the Software.
You may place orders under these Master Terms by submitting separate Order Form(s).
Capitalized terms used in the Agreement and not otherwise defined herein are defined at https://terms.tibco.com/posts/845635-definitions.
1. Applicability. These Master Terms represent one component of the Agreement for Licensor's products, services, and partner programs and apply to the commercial arrangements between Licensor and Customer (or Partner) listed below. Additional terms referenced below shall apply.
a. Products:
i. Subscription, Perpetual, or Term license Software
ii. Cloud Service (Subject to the Cloud Service Terms found at https://terms.tibco.com/?types%5B%5D=post&feed=recent#cloud-services)
iii. Equipment (Subject to the Equipment Terms found at https://terms.tibco.com/?types%5B%5D=post&feed=recent#equipment-terms)
b. Services:
i. Maintenance (Subject to the Maintenance terms found at https://terms.tibco.com/?types%5B%5D=post&feed=recent#october-maintenance)
ii. Consulting Services (Subject to the Consulting terms found at https://terms.tibco.com/?types%5B%5D=post&feed=recent#supplemental-terms)
iii. Education and Training (Subject to the Training Restrictions and Limitations found at https://www.tibco.com/services/education/training-restrictions-limitations)
c. Partners:
i. Partners (Subject to the Partner Terms found at https://terms.tibco.com/?types%5B%5D=post&feed=recent#partner-terms)
ii. Distribution, Reseller, and VAR Partner (Subject to the Reseller terms found at https://terms.tibco.com/?types%5B%5D=post&feed=recent#reseller-var)
iii. ISV Program Partner (Subject to the ISV Program Partner terms found at https://terms.tibco.com/?types%5B%5D=post&feed=recent#developer-technology)
d. OEM (Subject to the OEM Terms found at https://terms.tibco.com/?types%5B%5D=post&feed=recent#oem-terms)
2. License and Delivery.
a. Subject to Customer's compliance with the terms of this Agreement, including payment of
fees, for any Software delivered to Customer, Licensor grants Customer a limited, non- transferable, non-sublicensable, non-exclusive license to install, run, and use the Number of Units of Software stated in an Order Form in accordance with the Documentation for the Term solely for Customer's internal business purposes.
Maintenance, if purchased or provided, is delivered pursuant to the Order Form.
b. Software does not include multiple Platforms if the Software product is licensed on a Platform specific basis as designated in the Software product name or listed in an Order Form or purchase order.
c. Unless otherwise permitted under this Agreement and the Documentation, Customer shall not:
i. make more copies of the Software than the specified Number of Units stated in an Order Form (except for a reasonable number of copies for archival purposes) or use any unlicensed versions of the Software;
ii. use any Software that is not listed in an Order Form even if such unlicensed software is made available to Customer as part of Licensor's general delivery mechanisms;
iii. provide access to the Software to anyone other than Authorized Users;
iv. sublicense, distribute or pledge the Software or any of the rights herein;
v. lease, rent or commercially share (including time-share) or use the Software for purposes of providing processing services, including, providing third-party hosting, application integration, application service provider-type services, or service bureau;
vi. use or access any embedded or bundled component of Software on a stand-alone basis where such embedded or bundled component is provided to Customer for the sole purpose of enabling the functionality of such Software;
vii. use Third Party Software except in conjunction with the Licensor Software and subject to the same use rights that it has to the Licensor Software.
viii. use any third party software, including any open source software, in conjunction with any Software, unless Customer ensures that such use does not cause the Software to become subject to any third party license applicable to such third party software or require the public disclosure or distribution of any Software or the licensing of any Software for Materials or the purpose of making derivative works;
and
ix. modify, translate, reverse engineer, decrypt, decompile, disassemble, create derivative works based on, or otherwise attempt to discover the Software source code or underlying ideas, techniques or algorithms, provided, however, that Customer may engage in such conduct as is necessary to ensure the interoperability of the Software as required by law. Prior to commencing any de- compilation or reverse engineering, Customer will observe strict obligations of confidentiality and provide Licensor with reasonable advance written notice and the opportunity to assist with or conduct such activity on Customer's behalf and at Customer‘s expense.
d. Licensor shall deliver the Software electronically and delivery is deemed complete when such Software is made available to Customer.
e. ISV Customer and SaaS Customer specific terms are stated at:
https://terms.tibco.com/posts/1143002.
f. Additional product specific terms are stated at https://terms.tibco.com/posts/860094- additional-licensor-product-specific-terms.
g. Should the Order Form include the Foresight Software the terms stated at https://terms.tibco.com/posts/1452906-supplemental-terms-tibco-foresight apply.
3. Financial Terms.
a. Customer shall pay Licensor any fees or payments net 30 days from Licensor's invoice.
Licensor may charge Customer an additional 1.5% per month (or such lower amount as required by applicable law) for all fees that are not paid on time.
b. Licensor may increase annual recurring fees at any time upon 60 days prior written notice.
c. Fees stated in an Order Form are exclusive of all applicable sales, use, value-added, goods and services, consumption, withholding, excise and any other similar taxes or government charges ("Taxes"). Customer shall (i) pay Licensor such applicable Taxes (excluding Licensor's income taxes) listed on the relevant invoice or (ii) withhold all applicable taxes according to the local rules, both of which may be in addition to the total fees due and listed on an Order Form.
d. Except as expressly stated in the "Term and Termination" or "Warranties" section, all fees paid by Customer are non-refundable and no right of set off exists.
e. Licensor does not permit aggregation of products, services, purchase or license models or cumulative fees paid across separate Product Lines to trigger preferred pricing or discounts.
4. Ownership. Licensor and its licensors own all Software, Materials, and Documentation and all derivatives thereof (collectively "Protected Materials"), which are protected by applicable U.S.
and international patent, copyright, trademark and trade secret laws. Customer must duplicate unaltered copies of all proprietary notices incorporated in or affixed to any Protected Materials.
Except as stated in the Agreement, Customer receives no other rights to use any of Licensor's Marks.
5. Confidentiality.
a. Neither party shall disclose Confidential Information to any third party without the disclosing party's prior consent. Confidential Information may only be disclosed to individuals that need to know such information, and on the condition that the individual is subject to a written agreement to protect information with terms as protective as this Agreement. For the purposes of this section, the definition of Licensor and Customer includes Affiliates of either party. Licensor may use data collected during the Term in an aggregated, anonymized form, provided that such data is aggregated from more than one customer and does not identify Customer, Customer employees, or Customers' customers.
i. The duty to protect Confidential Information does not apply to information that is
shown to be:
ii. available to the public other than by a breach of a confidentiality obligation;
iii. rightfully received from a third party not in breach of a confidentiality obligation;
iv. independently developed by one party without use of the Confidential Information of the other;
v. known to the recipient at the time of disclosure (other than under a separate confidentiality obligation);
vi. produced in compliance with applicable law or court order, provided the other party is given reasonable advance notice of the obligation to produce Confidential Information (to the extent legally permitted) and reasonable assistance, at the disclosing party's cost, if the disclosing party wishes to contest the disclosure.
b. Except as expressly stated in the "Term and Termination" or "Warranties" section, all fees paid by Customer are non-refundable and no right of set off exists.
c. Each party shall indemnify the other for any damages (including reasonable expenses) the other may sustain resulting from a breach of this Section. Money damages may not be a sufficient remedy for a breach of confidentiality. If either party breaches the confidentiality obligations, the non-breaching party may seek injunctive or other equitable relief without the necessity of posting a bond even if otherwise normally required. Such injunctive or equitable relief is in addition to all other rights and remedies available at law or in equity.
d. Confidential Information remains the sole property of the disclosing party; except for rights explicitly granted in the Agreement, the receiving party does not acquire any rights to such Confidential Information.
6. Data Protection and Back-up.
a. If Customer exposes Licensor to an individual's Protected Data, Licensor will process and store such information pursuant to Licensor's Security Policies, Practices and Processes found at https://terms.tibco.com/posts/2301934-tibco-security-guidelines. If the European Union's General Data Protection Regulation (EU/2016/679) (GDPR) applies to Protected Data that Licensor processes on behalf of Customer as a data processor, then the Licensor's Data Processing terms at https://terms.tibco.com/posts/3309971-tibco-data-processing-agreement apply to such Protected Data.
b. Except when Licensor stores Customer data in connection with the delivery of a Cloud Service, Customer is responsible for backing-up its data and under no circumstances is Licensor responsible for the protection, loss, destruction, or maintenance of Customer's data.
7. Indemnity.
a. Licensor shall, at its own expense, defend or at its option, settle, any claim or action brought against Customer to the extent it is based on a claim that the Software, or Materials, all as updated by Licensor and used in accordance with the Agreement, infringes any patent, copyright, or any trade secret of a third party. Furthermore, Licensor will indemnify and hold Customer harmless from and against damages, costs, and fees
reasonably incurred (including reasonable attorneys' fees) that are attributable exclusively to such claim or action and which are assessed against Customer in a final judgment. Licensor's obligations to defend, settle, or indemnify Customer are subject to (i) Customer promptly notifying Licensor in writing of such claim; (ii) Licensor having the exclusive right to control such defense and/or settlement; and (iii) Customer providing reasonable assistance (at Licensor's expense) in the defense thereof. Customer shall not settle any claim, action or proceeding without Licensor's prior written approval.
b. LICENSOR SHALL NOT DEFEND, INDEMNIFY, OR HOLD CUSTOMER HARMLESS FOR ANY CLAIM IF: (A) CUSTOMER MADE MODIFICATIONS TO THE SOFTWARE OR MATERIALS OR PORTIONS THEREOF; (B) SUCH CLAIM WOULD HAVE BEEN AVOIDED BY USE OF THE THEN CURRENT RELEASE OF THE SOFTWARE MADE AVAILABLE TO CUSTOMER; (C) CUSTOMER CONTINUED ITS ALLEGEDLY INFRINGING ACTIVITY AFTER BEING PROVIDED WITH MODIFICATIONS THAT WOULD HAVE AVOIDED THE ALLEGED INFRINGEMENT; OR (D) SUCH CLAIM IS BASED ON CUSTOMER'S OUTPUT.
c. IF LICENSOR DEFENDS OR SETTLES AN INFRINGEMENT CLAIM ARISING UNDER SECTION 7.A ABOVE, LICENSOR'S LIABILITY AND CUSTOMER'S SOLE AND EXCLUSIVE REMEDY (IN ADDITION TO THE "INDEMNITY") SHALL BE FOR LICENSOR AT ITS OWN EXPENSE, TO EITHER (A) REPAIR, REPLACE OR MODIFY THE AFFECTED SOFTWARE OR RE-PERFORM THE AFFECTED CONSULTING SERVICES OR (B) ALTERNATIVELY, PROCURE FOR CUSTOMER THE RIGHT TO CONTINUE TO USE THE AFFECTED SOFTWARE OR MATERIALS. IF THE FOREGOING REMEDIES ARE NOT COMMERCIALLY FEASIBLE (IN THE REASONABLE OPINION OF LICENSOR), LICENSOR MAY (I) CANCEL THE APPLICABLE ORDER FORM AND, AS APPLICABLE, FOR THE AFFECTED SOFTWARE REFUND THE LICENSE FEES AND ANY UNEARNED MAINTENANCE FEES PAID TO LICENSOR BY CUSTOMER FOR THE AFFECTED SOFTWARE, OR (II) FOR CONSULTING SERVICES REFUND ALL AMOUNTS PAID TO LICENSOR BY CUSTOMER FOR THE AFFECTED CONSULTING SERVICES.
8. Warranties.
a. Licensor warrants that for 90 days following the Delivery Date ("Warranty Period"), the Software, as updated and used in accordance with the Documentation, will operate in all material respects in conformity with the functional specifications described in the Documentation.
b. Licensor is not responsible for any claimed breach of any warranty caused by:
i. modifications made to the Licensor Software by anyone other than Licensor;
ii. the combination, operation or use of the Licensor Software with any items that are not permitted in the Documentation;
iii. Customer's failure to use any new or corrected versions of the Licensor Software made available by Licensor;
iv. Licensor's adherence to Customer's specifications or instructions;
v. Customer deviating from the Licensor Software operating procedures described in
the Documentation; or
vi. Errors caused by customizations. Consulting services to correct defects or issues subject to one of the above warranty exclusions may be procured by Licensee under a Work Order pursuant to Licensor's standard time and material charges.
c. If the Licensor Software does not perform as warranted during the Warranty Period, Licensor shall use commercially reasonable efforts to correct Errors. Customer shall promptly notify Licensor in writing of its claim within the Software Warranty Period.
Provided that such claim is determined by Licensor to be Licensor's responsibility, as Customer's exclusive remedy for any warranty claim, Licensor shall, within 30 days of its receipt of Customer's written notice, (i) correct such Error; (ii) provide Customer with a plan reasonably acceptable to Customer for correcting the Error, or (iii) if neither (i) nor (ii) can be accomplished with reasonable commercial efforts from Licensor, then Licensor may terminate the affected Licensor Software license and issue Customer a refund of the license fees paid for the affected Licensor Software. The preceding warranty cure constitutes Licensor's entire liability and Customer's exclusive remedy for Licensor's breach of the warranty stated herein.
d. EXCEPT AS STATED ABOVE, LICENSOR, ITS LICENSORS, WEBHOST, DATACENTER AND SUPPLIERS EXPRESSLY DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING (i) ANY WARRANTY THAT ANY SOFTWARE, MATERIALS OR SERVICES ARE ERROR-FREE, ACCURATE OR RELIABLE OR WILL OPERATE WITHOUT INTERRUPTION OR THAT ALL ERRORS WILL BE CORRECTED OR WILL COMPLY WITH ANY LAW, RULE OR REGULATION (ii) ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND (iii) ANY AND ALL IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. LICENSOR CANNOT AND DOES NOT GUARANTEE THE PRIVACY, SECURITY OR AUTHENTICITY OF ANY INFORMATION SO TRANSMITTED OVER OR STORED IN ANY SYSTEM CONNECTED TO THE INTERNET.
9. Limitation of Liability. Except for (I) infringement or misappropriation of the other party's intellectual property rights, including trade secrets; (II) damageS for bodily injury, death, damage to real or tangible personal property; (iii) intentional misconduct OR gross negligence;
or (iv) any other liability that may not be limited under applicable law (the "Excluded Matters"), in no event will either party be liable for any loss or unavailability of or damage to data, lost revenue, lost profits, failure to realize expected savings, damage to reputation, business interruption, downtime costs or any indirect, incidental, consequential, special, punitive, exemplary or any similar type of damages arising out of or in any way related to the AGREEMENT, the use or the inability to use the Software, Maintenance or Consulting Services, even if advised of the possibility of such damages. CUSTOMER ASSUMES ALL RESPONSIBILITY FOR THE SELECTION OF THE SOFTWARE and OTHER PRODUCTS or SERVICES PROVIDED HEREUNDER TO ACHIEVE CUSTOMER'S INTENDED RESULTS.
Except for the excluded matters, in no event shall either party's total liability to the other for all claims arising out of or as a result of the AGREEMENT exceed the greater of 1,000,000 USD or the fees paid by Customer to Licensor under the applicable Order Form.
10. Export. Software, Cloud Service, Documentation, Materials, and related technical data are subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations and may be subject to export or import regulations of other countries.
Customer shall not use, export, re-export, or provide access to the Software, Cloud Service, Documentation, or Materials in any form in violation of any applicable export or import laws of any jurisdiction.
11. Government Use. If the Software, Documentation, Materials and any other Licensor services are being or have been acquired with U.S. Federal Government funds, or Customer is an agency, department, or other entity of the United States Government ("Government"), the use, duplication, reproduction, release, modification, disclosure, or transfer of the Software or any related documentation of any kind, including technical data, manuals or Materials, is restricted in accordance with Federal Acquisition Regulation 12.212 for civilian agencies and Defense Federal Acquisition Regulation Supplement 227.7202 for military agencies. The Software, Materials, and any Licensor services are COMMERCIAL ITEMS AS DEFINED BY THE FEDERAL ACQUISITION REGULATION. Use of the Software and Materials by the Government is further restricted according to the Agreement and any amendment hereto.
12. Term and Termination.
a. Except as otherwise stated below, this Agreement will remain in effect until terminated.
b. The Term for any Software starts on the Effective Date stated in an Order Form and continues as indicated on the Order Form.
c. Following the end of the initial Term for any Subscription, Term License, or Cloud Service, the Term will automatically renew continuously for the same length as the initial Term unless either party gives written notice at least 60 days prior to the end of the initial or any renewal Term of its intention to terminate.
d. Either party may terminate:
i. this Agreement and/or any applicable Order Forms upon 30 days prior written notice if the other party breaches a material provision of this Agreement and fails to cure such breach within the 30 day notice period;
ii. Maintenance, Term License, or Subscription, upon written notice delivered at least 60 days prior to the end of any applicable Maintenance period or Term; or
iii. an Order Form for Consulting Services, upon 15 days prior written notice by Customer or 30 days prior written notice by Licensor.
e. The Agreement automatically terminates if either party files for bankruptcy, goes into receivership, becomes insolvent, or makes an assignment for the benefit of creditors.
f. Upon termination of this Agreement or an Order Form, Customer must cease using, de- install and permanently delete all of the applicable Software, whether modified or merged into other materials.
g. Termination of this Agreement or any Order Form does not (i) relieve Customer of its obligation to pay all fees that have accrued or are otherwise owed by Customer under
this Agreement or (ii) limit either party from pursuing other remedies available to it, including injunctive relief.
h. The parties' rights and obligations under this section and sections entitled "Financial Terms", "Ownership", "Confidentiality", "Warranties", "Indemnity", "Remedies", "Limitation of Liability", "General Provisions" and those surviving provisions of the Exhibits survive the termination of this Agreement and/or an Order Form.
13. General Provisions.
a. All notices must be in writing and will be effective if (i) delivered by facsimile, electronic mail, by hand, reliable overnight delivery service, or first-class, pre-paid mail and (ii) sent to the address for the intended recipient stated in an Order Form. Notices should be sent to the other party's general counsel or legal department, unless another recipient is expressly identified.
b. The non-prevailing party shall pay all reasonable costs, including attorney's fees, incurred by the prevailing party in any action brought to enforce the prevailing party's rights under this Agreement.
c. This Agreement does not create an agency or consignment relationship, and neither party is a partner, employee, agent or joint venture partner of, or with, the other.
d. During the term of any Order Form and for a period of one year following termination of an Order Form, neither party shall actively solicit for employment any employee, contractor, consultant, or other representative of the other party who performed services in connection with the applicable Order Form, without the prior written consent of the other party.
e. Licensor may designate any agent or subcontractor to perform such tasks and functions to complete any services covered under this Agreement, provided, however, that Licensor shall remain responsible for performance of its duties under the terms of this Agreement.
f. During the term of any Order Form and for a period of one year following termination of an Order Form, Licensor and its independent auditors, at Licensor's expense, may audit Customer‘s compliance with this Agreement upon 10 days' notice and at reasonable times and report any results to Licensor's licensors. Customer shall, at no cost to Licensor, (i) provide any assistance reasonably requested by Licensor or its designee in conducting any such audit, including installing and operating audit software, (ii) make requested personnel, records, and information available to Licensor or its designee, and (iii) provide such assistance, personnel, records, systems access, and information to facilitate the timely completion of such audit. Customer's failure to comply with the provisions of this section will constitute a material breach of this Agreement. If the audit reveals any noncompliance, Customer shall reimburse Licensor for the reasonable costs and expenses of the audit (including but not limited to reasonable attorneys' fees), and Customer shall promptly cure any such noncompliance; provided, however, that the obligations under this section do not constitute a waiver of Licensor's termination rights and do not affect Licensor's right to payment for Software or Materials related to usage in excess of the Number of Units.
g. Upon reasonable written notice of at least 3 months and not more than once per year, Customer may (1) audit Licensor's systems, processes, or facilities to determine compliance with this Agreement, (2) or request Licensor's assistance to provide or update information processed by Licensor on behalf of Customer, provided that (i) Customer pays a minimum fee of $50,000.00 for an engagement that may last up to 2 days (and $25,000 for each additional day thereafter), (ii) the audit takes place in an onsite or virtual audit environment performed on Licensor's hardware (i.e., a Licensor controlled computer) and the Customer's personnel (including auditors) are accompanied and/or supervised by TIBCO's representative at all times, (iii) soft or hard copies of data displayed during the audit will not be sent electronically or otherwise transported away from Licensor facility, and (iv) certain highly sensitive data such as Licensor customer information, Licensor employee personal data, and information regarding Licensor's vulnerability is held in strict confidence and must not be shared with any individual that does not need to know such information.
h. A waiver by a party of any breach of any provision of this Agreement will not be construed as a waiver of continuing or succeeding breach.
i. Performance under the Agreement will be postponed automatically if a party is prevented from performing by any act of or failure to act by the other party. No delay or default in performance of any obligation by either party (except payment obligations) will constitute a breach of the Agreement if caused by force majeure or any other cause which is beyond its reasonable control, including, fires, strikes, accidents, governmental action or regulatory changes, or acts of God.
j. Except for an assignment, in whole or part, by Licensor to an Affiliate, neither party may assign this Agreement, in whole or in part, and/or any of its rights and/or obligations without the prior written consent of the other party, which will not be unreasonably withheld. Any such attempted assignment is void. For the purposes of the foregoing, a change in control of Customer is deemed to cause or attempt to cause an assignment of the Agreement, in whole or part, and requires Licensor's prior written consent.
k. If Customer or its successors or assigns enters into an Extraordinary Corporate Event after an Order Form Effective Date, those users, divisions, or entities that were added to or divested from Customer's organization as a result of the Extraordinary Corporate Event are not authorized to use the Software or Materials until those users, divisions, or entities are added to this Agreement by way of a written amendment signed by duly authorized officers of the Licensor and Customer, or in the case of a divesture, the divested entity.
l. This Agreement is for the benefit of the parties and their successors and permitted assigns, and does not confer any rights or benefits on any third party, including any employee of a party, any client of a party, or any employee of a client of a party.
Notwithstanding the above, the parties acknowledge that all rights and benefits afforded to Licensor under this Agreement apply equally to the owner of any Third Party Software, and such third party is an intended third party beneficiary of this Agreement.
m. If Customer is entering into the Agreement from a European Union member country,
Norway, Switzerland, Japan, India or Australia, then the Agreement is governed by the laws of Ireland and subject to the exclusive jurisdiction of the courts of Ireland.
Otherwise, the Agreement is governed by the laws of the State of California and subject to the exclusive jurisdiction of Federal Court for the Northern District Court of California, without giving effect to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply to this Agreement.
n. If any sentence, clause, or other provision of this Agreement is held to be invalid, illegal, or unenforceable under applicable law, including, but not limited to, any limitation of liability, the validity, legality and enforceability of the remaining clauses and provisions are not affected or impaired. The parties shall interpret the affected provision in a manner that renders it enforceable while attempting to closely approximate the intent and the economic effect of the affected provision.
o. If any terms and conditions of the Master Terms conflict with the Documentation, then such license requirements or notices pertaining to Third Party Software included with the Software will control. Any conflict between the terms of the Agreement will be resolved in the following order for precedence: (i) Order Form; (ii) Exhibits, (iii) Master Terms.
p. The Agreement constitutes the parties' entire agreement relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, agreements, or understandings between the parties relating to its subject matter. No modification to the Agreement will be binding unless in writing and signed by each party, except in the case of an Order Form where Licensor's acceptance shall be deemed to have occurred on Licensor's initial delivery of products or services under the Order Form. All pre-printed or standard terms of any Customer purchase order or other business processing document shall have no effect.
14. Alpha, Beta, Developer Evaluation, Free Trial and Evaluation License.
a. In addition to all other applicable terms and conditions, Software provided or accessed for demonstration or evaluation purposes or for alpha or beta testing is subject to the following conditions:
i. Software may only be used for demonstration, evaluation or alpha or beta testing purposes,
ii. Customer must stop using the Software upon the earlier of (1) 30 days from the date Customer receives the right to install or access the Software, (2) Customer's receipt of notice of termination from Licensor, or (3) Customer no longer has access to the Software; and
iii. the Software is provided "AS IS" without Maintenance or any warranties or indemnities.
b. In addition to all other applicable terms and conditions, Software provided or accessed for Developer evaluation is subject to the following conditions:
i. Software may only be used for such development evaluation purposes,
ii. Software must not used or deployed in or on a Production or development environment,
iii. Customer must stop using the Software upon the earlier of (1) 90 days from the date Customer receives the right to install or access the Software, (2) Customer`s receipt of notice of termination from Customer, or (3) Customer no longer has access to Cloud Service; and
iv. the Software is provided "AS IS" without Maintenance or any warranties or indemnities.
c. If Customer is using a free trial version of Software, Licensor may stop providing the Software to Customer or Customer's end users at Licensor's sole discretion without any prior notice, and the Software is provided "AS IS" without Maintenance or any warranties or indemnities.
d. Notwithstanding anything to the contrary in this Agreement, Software subject to an alpha, beta, developer, evaluation, free trial and evaluation license may be deployed by Customer on AWS, Microsoft Azure, or similar environments.
Addenda:
==============================
***THE FOLLOWING COMPONENTS ARE INCLUDED SOLELY AS PART OF A DOCKER IMAGE:***
==============================
*
Node.js: v8.9.3
Node.js is licensed for use as follows:
"""
Copyright Node.js contributors. All rights reserved.
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING
FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
"""
This license applies to parts of Node.js originating from the https://github.com/joyent/node repository:
"""
Copyright Joyent, Inc. and other Node contributors. All rights reserved.
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING
FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
"""
The Node.js license applies to all parts of Node.js that are not externally maintained libraries.
The externally maintained libraries used by Node.js are:
- c-ares, located at deps/cares, is licensed as follows:
"""
Copyright 1998 by the Massachusetts Institute of Technology.
Copyright (C) 2007-2013 by Daniel Stenberg Permission to use, copy, modify, and distribute this
software and its documentation for any purpose and without fee is hereby granted, provided that the above copyright notice appear in all copies and that both that copyright
notice and this permission notice appear in supporting documentation, and that the name of M.I.T. not be used in advertising or publicity pertaining to distribution of the software without specific, written prior permission.
M.I.T. makes no representations about the suitability of this software for any purpose. It is provided "as is"
without express or implied warranty.
"""
- HTTP Parser, located at deps/http_parser, is licensed as follows:
"""
http_parser.c is based on src/http/ngx_http_parse.c from NGINX copyright Igor Sysoev.
Additional changes are licensed under the same terms as NGINX and copyright Joyent, Inc. and other Node contributors. All rights reserved.
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING
FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
"""
- ICU, located at deps/icu-small, is licensed as follows:
"""
COPYRIGHT AND PERMISSION NOTICE (ICU 58 and later) Copyright © 1991-2017 Unicode, Inc. All rights reserved.
Distributed under the Terms of Use in http://www.unicode.org/copyright.html
Permission is hereby granted, free of charge, to any person obtaining a copy of the Unicode data files and any associated documentation (the "Data Files") or Unicode software and any associated documentation (the "Software") to deal in the Data Files or Software
without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, and/or sell copies of
the Data Files or Software, and to permit persons to whom the Data Files or Software are furnished to do so, provided that either
(a) this copyright and permission notice appear with all copies of the Data Files or Software, or
(b) this copyright and permission notice appear in associated Documentation.
THE DATA FILES AND SOFTWARE ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS.
IN NO EVENT SHALL THE COPYRIGHT HOLDER OR HOLDERS INCLUDED IN THIS NOTICE BE LIABLE FOR ANY CLAIM, OR ANY SPECIAL INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE,
DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR
PERFORMANCE OF THE DATA FILES OR SOFTWARE.
Except as contained in this notice, the name of a copyright holder shall not be used in advertising or otherwise to promote the sale, use or other dealings in these Data Files or Software without prior written authorization of the copyright holder.
---
Third-Party Software Licenses
This section contains third-party software notices and/or additional terms for licensed third-party software components included within ICU libraries.
1. ICU License - ICU 1.8.1 to ICU 57.1 COPYRIGHT AND PERMISSION NOTICE
Copyright (c) 1995-2016 International Business Machines Corporation and others
All rights reserved.
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, provided that the above copyright notice(s) and this permission notice appear in all copies of the Software and that both the above copyright notice(s) and this permission notice appear in supporting documentation.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR
HOLDERS INCLUDED IN THIS NOTICE BE LIABLE FOR ANY CLAIM, OR ANY
SPECIAL INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.
Except as contained in this notice, the name of a copyright holder shall not be used in advertising or otherwise to promote the sale, use or other dealings in this Software without prior written authorization of the copyright holder.
All trademarks and registered trademarks mentioned herein are the property of their respective owners.
2. Chinese/Japanese Word Break Dictionary Data (cjdict.txt)
# The Google Chrome software developed by Google is licensed under # the BSD license. Other software included in this distribution is
# provided under other licenses, as set forth below.
#
# The BSD License
# http://opensource.org/licenses/bsd-license.php # Copyright (C) 2006-2008, Google Inc.
#
# All rights reserved.
#
# Redistribution and use in source and binary forms, with or without # modification, are permitted provided that the following conditions are met:
#
# Redistributions of source code must retain the above copyright notice, # this list of conditions and the following disclaimer.
# Redistributions in binary form must reproduce the above # copyright notice, this list of conditions and the following
# disclaimer in the documentation and/or other materials provided with # the distribution.
# Neither the name of Google Inc. nor the names of its
# contributors may be used to endorse or promote products derived from # this software without specific prior written permission.
# #
# THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND # CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, # INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF # MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
# DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE # LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
# CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF # SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR
# BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF # LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING # NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS # SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
# #
# The word list in cjdict.txt are generated by combining three word lists # listed below with further processing for compound word breaking. The # frequency is generated with an iterative training against Google web # corpora.
#
# * Libtabe (Chinese)
# - https://sourceforge.net/project/?group_id=1519 # - Its license terms and conditions are shown below.
#
# * IPADIC (Japanese)
# - http://chasen.aist-nara.ac.jp/chasen/distribution.html
# - Its license terms and conditions are shown below.
#
# ---COPYING.libtabe ---- BEGIN--- #
# /*
# * Copyrighy (c) 1999 TaBE Project.
# * Copyright (c) 1999 Pai-Hsiang Hsiao.
# * All rights reserved.
# *
# * Redistribution and use in source and binary forms, with or without # * modification, are permitted provided that the following conditions # * are met:
# *
# * . Redistributions of source code must retain the above copyright # * notice, this list of conditions and the following disclaimer.
# * . Redistributions in binary form must reproduce the above copyright # * notice, this list of conditions and the following disclaimer in
# * the documentation and/or other materials provided with the # * distribution.
# * . Neither the name of the TaBE Project nor the names of its
# * contributors may be used to endorse or promote products derived # * from this software without specific prior written permission.
# *
# * THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS # * "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
# * LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS # * FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE # * REGENTS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, # * INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
# * (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR # * SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) # * HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, # * STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
# * ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED # * OF THE POSSIBILITY OF SUCH DAMAGE.
# */
# # /*
# * Copyright (c) 1999 Computer Systems and Communication Lab, # * Institute of Information Science, Academia
# * Sinica. All rights reserved.
# *
# * Redistribution and use in source and binary forms, with or without # * modification, are permitted provided that the following conditions # * are met:
# *
# * . Redistributions of source code must retain the above copyright # * notice, this list of conditions and the following disclaimer.
# * . Redistributions in binary form must reproduce the above copyright # * notice, this list of conditions and the following disclaimer in
# * the documentation and/or other materials provided with the # * distribution.
# * . Neither the name of the Computer Systems and Communication Lab # * nor the names of its contributors may be used to endorse or
# * promote products derived from this software without specific # * prior written permission.
# *
# * THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS # * "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
# * LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS # * FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE # * REGENTS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, # * INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
# * (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR # * SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) # * HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, # * STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
# * ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED # * OF THE POSSIBILITY OF SUCH DAMAGE.
# */
#
# Copyright 1996 Chih-Hao Tsai @ Beckman Institute, # University of Illinois
# [email protected] http://casper.beckman.uiuc.edu/~c-tsai4 #
# ---COPYING.libtabe---END--- #
#
# ---COPYING.ipadic---BEGIN--- #
# Copyright 2000, 2001, 2002, 2003 Nara Institute of Science # and Technology. All Rights Reserved.
#
# Use, reproduction, and distribution of this software is permitted.
# Any copy of this software, whether in its original form or modified, # must include both the above copyright notice and the following # paragraphs.
#
# Nara Institute of Science and Technology (NAIST),
# the copyright holders, disclaims all warranties with regard to this # software, including all implied warranties of merchantability and # fitness, in no event shall NAIST be liable for
# any special, indirect or consequential damages or any damages # whatsoever resulting from loss of use, data or profits, whether in an # action of contract, negligence or other tortuous action, arising out # of or in connection with the use or performance of this software.
#
# A large portion of the dictionary entries
# originate from ICOT Free Software. The following conditions for ICOT # Free Software applies to the current dictionary as well.
#
# Each User may also freely distribute the Program, whether in its # original form or modified, to any third party or parties, PROVIDED
# that the provisions of Section 3 ("NO WARRANTY") will ALWAYS appear # on, or be attached to, the Program, which is distributed substantially # in the same form as set out herein and that such intended
# distribution, if actually made, will neither violate or otherwise
# contravene any of the laws and regulations of the countries having # jurisdiction over the User or the intended distribution itself.
#
# NO WARRANTY #
# The program was produced on an experimental basis in the course of the # research and development conducted during the project and is provided # to users as so produced on an experimental basis. Accordingly, the # program is provided without any warranty whatsoever, whether express, # implied, statutory or otherwise. The term "warranty" used herein
# includes, but is not limited to, any warranty of the quality,
# performance, merchantability and fitness for a particular purpose of # the program and the nonexistence of any infringement or violation of # any right of any third party.
#
# Each user of the program will agree and understand, and be deemed to # have agreed and understood, that there is no warranty whatsoever for # the program and, accordingly, the entire risk arising from or
# otherwise connected with the program is assumed by the user.
#
# Therefore, neither ICOT, the copyright holder, or any other # organization that participated in or was otherwise related to the # development of the program and their respective officials, directors, # officers and other employees shall be held liable for any and all # damages, including, without limitation, general, special, incidental # and consequential damages, arising out of or otherwise in connection # with the use or inability to use the program or any product, material # or result produced or otherwise obtained by using the program, # regardless of whether they have been advised of, or otherwise had # knowledge of, the possibility of such damages at any time during the # project or thereafter. Each user will be deemed to have agreed to the # foregoing by his or her commencement of use of the program. The term # "use" as used herein includes, but is not limited to, the use,
# modification, copying and distribution of the program and the # production of secondary products from the program.
#
# In the case where the program, whether in its original form or # modified, was distributed or delivered to or received by a user from # any person, organization or entity other than ICOT, unless it makes or # grants independently of ICOT any specific warranty to the user in # writing, such person, organization or entity, will also be exempted # from and not be held liable to the user for any such damages as noted # above as far as the program is concerned.
#
# ---COPYING.ipadic---END--- 3. Lao Word Break Dictionary Data (laodict.txt)
# Copyright (c) 2013 International Business Machines Corporation # and others. All Rights Reserved.
#
# Project: http://code.google.com/p/lao-dictionary/
# Dictionary: http://lao-dictionary.googlecode.com/git/Lao-Dictionary.txt # License:
http://lao-dictionary.googlecode.com/git/Lao-Dictionary-LICENSE.txt # (copied below)
#
# This file is derived from the above dictionary, with slight # modifications.
# ---
# Copyright (C) 2013 Brian Eugene Wilson, Robert Martin Campbell.
# All rights reserved.
#
# Redistribution and use in source and binary forms, with or without # modification,
# are permitted provided that the following conditions are met:
# #
# Redistributions of source code must retain the above copyright notice, this
# list of conditions and the following disclaimer. Redistributions in # binary form must reproduce the above copyright notice, this list of # conditions and the following disclaimer in the documentation and/or # other materials provided with the distribution.
# #
# THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS # "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
# LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS # FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE # COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT,
# INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES # (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR # SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) # HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, # STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
# ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED # OF THE POSSIBILITY OF SUCH DAMAGE.
#
--- 4. Burmese Word Break Dictionary Data (burmesedict.txt)
# Copyright (c) 2014 International Business Machines Corporation # and others. All Rights Reserved.
#
# This list is part of a project hosted at:
# github.com/kanyawtech/myanmar-karen-word-lists #
#
--- # Copyright (c) 2013, LeRoy Benjamin Sharon # All rights reserved.
#
# Redistribution and use in source and binary forms, with or without # modification, are permitted provided that the following conditions # are met: Redistributions of source code must retain the above # copyright notice, this list of conditions and the following
# disclaimer. Redistributions in binary form must reproduce the # above copyright notice, this list of conditions and the following # disclaimer in the documentation and/or other materials provided # with the distribution.
#
# Neither the name Myanmar Karen Word Lists, nor the names of its # contributors may be used to endorse or promote products derived # from this software without specific prior written permission.
#
# THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND # CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, # INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF # MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
# DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS # BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
# EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED # TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, # DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON # ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR # TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF # THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF
# SUCH DAMAGE.
#
--- 5. Time Zone Database
ICU uses the public domain data and code derived from Time Zone Database for its time zone support. The ownership of the TZ database is explained in BCP 175: Procedure for Maintaining the Time Zone Database section 7.
# 7. Database Ownership #
# The TZ database itself is not an IETF Contribution or an IETF # document. Rather it is a pre-existing and regularly updated work # that is in the public domain, and is intended to remain in the
# public domain. Therefore, BCPs 78 [RFC5378] and 79 [RFC3979] do # not apply to the TZ Database or contributions that individuals make # to it. Should any claims be made and substantiated against the TZ # Database, the organization that is providing the IANA
# Considerations defined in this RFC, under the memorandum of
# understanding with the IETF, currently ICANN, may act in accordance # with all competent court orders. No ownership claims will be made # by ICANN or the IETF Trust on the database or the code. Any person # making a contribution to the database or code waives all rights to # future claims in that contribution or in the TZ Database.
"""
- libuv, located at deps/uv, is licensed as follows:
"""
libuv is licensed for use as follows:
====
Copyright (c) 2015-present libuv project contributors.
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING
FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
====
This license applies to parts of libuv originating from the https://github.com/joyent/libuv repository:
====
Copyright Joyent, Inc. and other Node contributors. All rights reserved.
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING
FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
====
This license applies to all parts of libuv that are not externally maintained libraries.
The externally maintained libraries used by libuv are:
- tree.h (from FreeBSD), copyright Niels Provos. Two clause BSD license.
- inet_pton and inet_ntop implementations, contained in src/inet.c, are copyright the Internet Systems Consortium, Inc., and licensed under the ISC
license.
- stdint-msvc2008.h (from msinttypes), copyright Alexander Chemeris. Three clause BSD license.
- pthread-fixes.c, copyright Google Inc. and Sony Mobile Communications AB.
Three clause BSD license.
- android-ifaddrs.h, android-ifaddrs.c, copyright Berkeley Software Design
Inc, Kenneth MacKay and Emergya (Cloud4all, FP7/2007-2013, grant agreement
n° 289016). Three clause BSD license.
"""
- OpenSSL, located at deps/openssl, is licensed as follows:
"""
Copyright (c) 1998-2017 The OpenSSL Project. All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in
the documentation and/or other materials provided with the distribution.
3. All advertising materials mentioning features or use of this software must display the following acknowledgment:
"This product includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit. (http://www.openssl.org/)"
4. The names "OpenSSL Toolkit" and "OpenSSL Project" must not be used to endorse or promote products derived from this software without
prior written permission. For written permission, please contact [email protected].
5. Products derived from this software may not be called "OpenSSL"
nor may "OpenSSL" appear in their names without prior written permission of the OpenSSL Project.
6. Redistributions of any form whatsoever must retain the following acknowledgment:
"This product includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit (http://www.openssl.org/)"
THIS SOFTWARE IS PROVIDED BY THE OpenSSL PROJECT ``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE OpenSSL PROJECT OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
====================================================================
This product includes cryptographic software written by Eric Young ([email protected]). This product includes software written by Tim Hudson ([email protected]).
"""
- Punycode.js, located at lib/punycode.js, is licensed as follows:
"""
Copyright Mathias Bynens <https://mathiasbynens.be/>
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
"""
- V8, located at deps/v8, is licensed as follows:
"""
This license applies to all parts of V8 that are not externally
maintained libraries. The externally maintained libraries used by V8 are:
- PCRE test suite, located in
test/mjsunit/third_party/regexp-pcre/regexp-pcre.js. This is based on the
test suite from PCRE-7.3, which is copyrighted by the University of Cambridge and Google, Inc. The copyright notice and license are embedded in regexp-pcre.js.
- Layout tests, located in test/mjsunit/third_party/object-keys. These are
based on layout tests from webkit.org which are copyrighted by Apple Computer, Inc. and released under a 3-clause BSD license.
- Strongtalk assembler, the basis of the files assembler-arm-inl.h, assembler-arm.cc, assembler-arm.h, assembler-ia32-inl.h, assembler-ia32.cc, assembler-ia32.h, assembler-x64-inl.h, assembler-x64.cc, assembler-x64.h, assembler-mips-inl.h,
assembler-mips.cc, assembler-mips.h, assembler.cc and assembler.h.
This code is copyrighted by Sun Microsystems Inc. and released under a 3-clause BSD license.
- Valgrind client API header, located at third_party/valgrind/valgrind.h This is release under the BSD license.
These libraries have their own licenses; we recommend you read them, as their terms may differ from the terms below.
Further license information can be found in LICENSE files located in sub-directories.
Copyright 2014, the V8 project authors. All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
* Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
* Redistributions in binary form must reproduce the above
copyright notice, this list of conditions and the following
disclaimer in the documentation and/or other materials provided with the distribution.
* Neither the name of Google Inc. nor the names of its
contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
"""
- zlib, located at deps/zlib, is licensed as follows:
"""
zlib.h -- interface of the 'zlib' general purpose compression library version 1.2.11, January 15th, 2017
Copyright (C) 1995-2017 Jean-loup Gailly and Mark Adler This software is provided 'as-is', without any express or implied warranty. In no event will the authors be held liable for any damages arising from the use of this software.
Permission is granted to anyone to use this software for any purpose, including commercial applications, and to alter it and redistribute it freely, subject to the following restrictions:
1. The origin of this software must not be misrepresented; you must not claim that you wrote the original software. If you use this software
in a product, an acknowledgment in the product documentation would be appreciated but is not required.
2. Altered source versions must be plainly marked as such, and must not be misrepresented as being the original software.
3. This notice may not be removed or altered from any source distribution.
Jean-loup Gailly Mark Adler
[email protected] [email protected] """
- npm, located at deps/npm, is licensed as follows:
"""
The npm application
Copyright (c) npm, Inc. and Contributors
Licensed on the terms of The Artistic License 2.0 Node package dependencies of the npm application Copyright (c) their respective copyright owners Licensed on their respective license terms
The npm public registry at https://registry.npmjs.org and the npm website at https://www.npmjs.com Operated by npm, Inc.
Use governed by terms published on https://www.npmjs.com "Node.js"
Trademark Joyent, Inc., https://joyent.com
Neither npm nor npm, Inc. are affiliated with Joyent, Inc.
The Node.js application
Project of Node Foundation, https://nodejs.org The npm Logo
Copyright (c) Mathias Pettersson and Brian Hammond "Gubblebum Blocky" typeface
Copyright (c) Tjarda Koster, https://jelloween.deviantart.com Used with permission
---
The Artistic License 2.0
Copyright (c) 2000-2006, The Perl Foundation.
Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.