diff options
author | Ultrabug <ultrabug@gentoo.org> | 2018-04-11 21:05:52 +0200 |
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committer | Ultrabug <ultrabug@gentoo.org> | 2018-04-11 22:30:40 +0200 |
commit | 769f91df3760fbcc4031c08852306687c52ab101 (patch) | |
tree | 29a80b8822b42673a3b15f943ab9c96a8884521c /licenses | |
parent | scylla: version bump to 2.1.1 (diff) | |
download | ultrabug-769f91df3760fbcc4031c08852306687c52ab101.tar.gz ultrabug-769f91df3760fbcc4031c08852306687c52ab101.tar.bz2 ultrabug-769f91df3760fbcc4031c08852306687c52ab101.zip |
app-admin/scylla-manager: new ebuild for enterprise edition
Diffstat (limited to 'licenses')
-rw-r--r-- | licenses/SCYLLADB-PROPRIETARY | 180 |
1 files changed, 180 insertions, 0 deletions
diff --git a/licenses/SCYLLADB-PROPRIETARY b/licenses/SCYLLADB-PROPRIETARY new file mode 100644 index 0000000..f3f6774 --- /dev/null +++ b/licenses/SCYLLADB-PROPRIETARY @@ -0,0 +1,180 @@ +ScyllaDB Proprietary +Software License Agreement v. 1.0 +The ScyllaDB database (the “Software”) is licensed to you under the following terms and conditions: +LICENSES +Subject to and conditioned upon compliance with the terms and conditions of this Agreement, including +the limitations, conditions, restrictions and obligations set forth below: +Evaluation License. +For the Software designated as provided under an Evaluation License, ScyllaDB Inc. +( +“ScyllaDB” +) grants you a non-exclusive, non-transferable, non-sublicensable, revocable, limited right +to install and use the Software for 90 days period commencing as of the Effective Date, subject to the +parameters contained in the applicable purchase order, for the sole purpose of evaluating the Software +and determining whether you wish to purchase an Enterprise License (the “ +Evaluation License +”). +Development License. + For the Software designated as provided under a Development License, ScyllaDB +grants you a non-exclusive, non-transferable, non-sublicensable, revocable, limited right to install and use +the Software, subject to the parameters contained in the applicable purchase order, for the sole purpose +of developing and testing the Software in order to determine its the compatibility to your internal systems +(the “ +Development License +”). For the avoidance of doubt, in case you wish to use the Software for any +purpose other than as permitted under this Development License, you must first contact ScyllaDB and +purchase an Enterprise License. +Enterprise License. + For the Software designated as provided under an Enterprise License, ScyllaDB grants +you a non-exclusive, non-transferable, non-sublicensable, revocable, limited right to install and use the +Software, subject to the parameters contained in the applicable purchase order (the “ +Enterprise License +”). +Use Restrictions. +Under any of the licenses granted herein, you shall not: (a) transfer the Software or any +portions of the Software to any other party except as expressly provided herein; (b) copy the Software or +any portion thereof, except that you may make one copy of the Software for backup purposes, in object +code form only, provided that the backup copy must include all copyright or other proprietary notices +contained on the original; (c) reverse engineer, disassemble, or decompile the Software in any form or +by any means; (d) modify or create derivative works of the Software; (e) incorporate the Software into +the structure, machinery or controls of any aircraft, other aerial device, military vehicle, hovercraft, +waterborne craft or any medical equipment; or (f) distribute, sell, sublicense or otherwise transfer or +provide access to the Software to any third party, including, without limitation, provision of database +management services through the Software. +PROPRIETARY RIGHTS +ScyllaDB retains ownership of all rights, interests and title in the Software and in the copies thereof and +Customer acknowledges that all rights, title and interest in and to the Software and any and all trademarks, +trade names, copyrights, patents, patentable inventions, and any and all other intellectual property rights +used or embodied in or in connection therewith, are and shall remain in the sole and exclusive ownership +of ScyllaDB, subject only to the rights and licenses expressly granted by ScyllaDB hereunder. Customer +shall make no claim of right to any Software to be supplied by ScyllaDB hereunder and acknowledges +that as between ScyllaDB and Customer, such Software is proprietary to ScyllaDB. +TAXES +All prices for the Software and any services provided in connection therewith as stated in applicable order +are exclusive of all federal, state and local excise, sales, use, value-added, occupational, levies, assessments, +import duties and like taxes which may be imposed by any governmental entity in connection with any +transaction contemplated by this Agreement and/or the purchase order (excluding any taxes assessed +against ScyllaDB’s net income). +CONFIDENTIALTIY +During the term of this Agreement and thereafter, the Parties (i) shall treat as confidential and proprietary +all information which is identified as confidential or proprietary, or which can be reasonably deemed to +be such, and which is disclosed by one Party to the other; (ii) shall not disclose such information to any +third party, except for such party’s employees and consultants which have a specific need to know such +information for the purpose of this Agreement and only if such employees or consultants executed a +confidentiality agreement protecting such information by terms no less stringent than those contained +in this Section. The foregoing shall not apply to any information that the Party receiving such information +can prove by reasonable written and dated records: (a) is already in the Party’s possession, prior to the +disclosure thereof, other than as a result of the breach of a legal or contractual obligation on the part of +the receiving Party; (b) was lawfully received by such Party from a third party having rights to disclose, +and under no confidentiality obligations known to such Party with respect to such information; (c) is +or becomes a part of the public knowledge through no wrongful act of either Party; (d) is approved for +release in writing by the Party to whom the confidential or proprietary information belongs; or (e) is or was +developed independently by the receiving Party without reliance on, reference to or use of any information +of the other Party, and without any breach of this Agreement, as evidenced by contemporaneous written +documents. +DISCLAIMER OF WARRANTIES +YOU AGREE THAT SCYLLADB HAS MADE NO EXPRESS WARRANTIES TO YOU REGARDING +THE SOFTWARE AND THAT THE SOFTWARE IS BEING PROVIDED TO YOU “AS IS” WITHOUT +WARRANTY OF ANY KIND. SCYLLADB DISCLAIMS ALL WARRANTIES WITH REGARD +TO THE SOFTWARE; EXPRESS OR IMPLIED; INCLUDING; WITHOUT LIMITATION; ANY +IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE; MERCHANTABILITY; +MERCHANTABLE QUALITY OR NONINFRINGEMENT OF THIRD PARTY RIGHTS. +LIMITATION OF LIABILITY +TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL SCYLLADB +BE LIABLE TO YOU FOR ANY LOSS OF USE; INTERRUPTION OF BUSINESS; OR ANY +DIRECT; INDIRECT; SPECIAL; INCIDENTAL; OR CONSEQUENTIAL DAMAGES OF ANY +KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER +IN CONTRACT; TORT (INCLUDING NEGLIGENCE); STRICT PRODUCT LIABILITY OR +OTHERWISE; EVEN IF SCYLLADB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH +DAMAGES. +In no event shall the total cumulative liability of ScyllaDB, for all claims arising out of or relating to this +Agreement, exceed the total amounts paid and due by Customer to ScyllaDB during the period of the +12 months preceding the date of the claim. The foregoing provision limiting the liability of ScyllaDB shall +apply regardless of the form or cause of action, whether in contract or tort, or a breach of a fundamental +term or condition. +INTELLECTUAL PROPERTY INFRINGEMENT +Indemnity Obligation and Conditions. +In the event that a legal action is brought against Customer to +the extent that it is based on a claim that the Software infringes a U.S. patent or copyright of a third party, +ScyllaDB shall provide Customer with legal defense at its own expense and pay for costs and damages +awarded against Customer in such action or agreed to under a settlement, provided that: (i) Customer +promptly provides ScyllaDB with a written notice of such legal action; (ii) Customer grants ScyllaDB +complete authority over the legal defense and settlement negotiations; (iii) Customer fully cooperates with +ScyllaDB with respect to such legal action; and (iv) no settlement with respect to such legal action shall be +made without ScyllaDB’s prior written approval. +Notwithstanding the above, ScyllaDB shall have no liability to defend and pay for any action pertaining to +an infringement of intellectual property rights to the extent that the action: (i) is based on a modification +of the Software modified not by ScyllaDB; (ii) results from Customer’s failure to use an updated version +of the Software; (iii) is based on a combination or use of the Software with any software, program or +device, including without limitation software licensed under the terms of applicable open source licenses, +not provided or approved by ScyllaDB; (iv) results from Customer’s use of the Software following the +termination of the Agreement. +THIS SECTION STATES SCYLLADB’S SOLE AND EXCLUSIVE LIABILITY, AND CUSTOMER’S +SOLE AND EXCLUSIVE REMEDY, WITH RESPECT TO AN INFRINGEMENT OF INTELLECTUAL +PROPERTY RIGHTS OF ANY KIND. +EXPORT CONTROL +As required by the laws of the United States and other countries, you represent and warrant that you: +(a) understand that the Software may be subject to export controls under the U.S. Commerce +Department’s Export Administration Regulations (“ +EAR +”); (b) are not located in a prohibited destination +country under the EAR or U.S. sanctions regulations; (c) will not export, re-export, or transfer the +Software to any prohibited destination or persons or entities on the U.S. Bureau of Industry and Security +Denied Parties List or Entity List, or the U.S. Office of Foreign Assets Control list of Specially Designated +Nationals and Blocked Persons, or any similar lists maintained by other countries, without the necessary +export license(s) or authorization(s); (d) will not use or transfer the Software for use in connection with +any nuclear, chemical or biological weapons, missile technology, or military end-uses where prohibited by +an applicable arms embargo, unless authorized by the relevant government agency by regulation or specific +license; (e) understand and agree that if you are in the United States and export or transfers the Software to +United States Headquarters +1900 Embarcadero Rd +Palo Alto, CA 94303 U.S.A. +Phone: +1 (650) 332-9582 +Email: info@scylladb.com +Israel Headquarters +11 Galgalei Haplada +Herzelia, Israel +scylladb.com +eligible end users, you will, to the extent required by EAR Section 740.17(e), submit semi-annual reports +to the Commerce Department’s Bureau of Industry and Security, which include the name and address +(including country) of each transferee; and (f) understand that countries including the United States +may restrict the import, use, or export of encryption products (which may include the Software and the +components) and agree that you shall be solely responsible for compliance with any such import, use, +or export restrictions. +TERMINATION OF THIS AGREEMENT +You may terminate this Agreement by destroying all copies of the Software. Your right to use the Software +shall end immediately if you fail to comply with any of the terms set forth in this Agreement, in which +case you shall destroy all copies of the Software. This Agreement shall immediately terminate upon the +termination or expiration of the Support Services Agreement between Customer and ScyllaDB. +GENERAL PROVISIONS +Assignment. + The Customer may not assign, transfer, or otherwise dispose of this Agreement or any of its +rights, interest, or obligations hereunder without the prior written consent of ScyllaDB. ScyllaDB may +transfer or assign this agreement to: (a) an affiliate of the Company; or (b) an acquirer of all or substantially +all of the shares or assets of such party through change of control event. Any assignment of this Agreement +in violation of this provision shall be null and void. +Notices. +All notices and demands hereunder shall be in writing and shall be served by at least one of the +following: (1) personal service; (2) registered or certified mail at the address of the receiving party set forth +in this Agreement (or at such different address as may be designated by such Party by written notice to the +other Party); (3) electronic mail with electronic confirmation and followed immediately by (1) and/or (2). +Governing Law and Jurisdiction. + This Agreement shall be governed and construed in accordance with the +laws of Israel, without giving effect to its conflicts of laws provisions, and the Courts situated in Tel Aviv, +Israel shall have sole and exclusive jurisdiction over the Parties and any conflict and/or dispute arising out +of, or in connection to, this Agreement. +Integration. + This Agreement sets forth the entire agreement between the parties on the subject hereof +and supersedes any and all previously or currently existing oral or written agreements, understandings, +memoranda, letters of intent, or representations on the subject matter hereof, as of the Effective Date. This +Agreement may be amended only by a writing signed by the duly empowered representatives of the Parties. +Severance. + If any one or more of the terms of this Agreement shall for any reason be held to be invalid +or unenforceable, such term shall be construed in a manner to enable it to be enforced to the extent +compatible with applicable law. Any determination of the invalidity or unenforceability of any provision +of the Agreement shall not affect the remaining provisions hereof unless the business purpose of this +Agreement is substantially frustrated thereby. +Headings. + The titles and headings of the various sections and paragraphs in this Agreement are intended +solely for reference and are not intended for any other purpose whatsoever or to explain, modify, or place +any construction on any of the provisions of this Agreement. |