licenses: add Cockroach license

1 files changed, 419 insertions, 0 deletions

diff --git a/licenses/Cockroach b/licenses/Cockroach
new file mode 100644
index 000000000000..94f261c8e7ca
--- /dev/null
+++ b/licenses/Cockroach
@@ -0,0 +1,419 @@
+CockroachDB Community License Agreement
+
+  Please read this CockroachDB Community License Agreement (the "Agreement")
+  carefully before using CockroachDB (as defined below), which is offered by
+  Cockroach Labs, Inc. or its affiliated Legal Entities ("Cockroach Labs").
+
+  By downloading CockroachDB or using it in any manner, You agree that You have
+  read and agree to be bound by the terms of this Agreement.  If You are
+  accessing CockroachDB on behalf of a Legal Entity, You represent and warrant
+  that You have the authority to agree to these terms on its behalf and the
+  right to bind that Legal Entity to this Agreement.  Use of CockroachDB is
+  expressly conditioned upon Your assent to all the terms of this Agreement, to
+  the exclusion of all other terms.
+
+  1. Definitions.  In addition to other terms defined elsewhere in this
+     Agreement, the terms below have the following meanings.
+
+    (a) "CockroachDB" shall mean the SQL database software provided by Cockroach
+        Labs, including both CockroachDB Community and CockroachDB Enterprise
+        editions, as defined below.
+
+    (b) "CockroachDB Community Edition" shall mean the open source version of
+        CockroachDB, available free of charge at
+
+            https://github.com/cockroachdb/cockroach
+
+    (c) "Cockroach Enterprise Edition" shall mean the additional features made
+        available by Cockroach Labs, the use of which is subject to additional
+        terms set out below.
+
+    (d) "Contribution" shall mean any work of authorship, including the original
+        version of the Work and any modifications or additions to that Work or
+        Derivative Works thereof, that is intentionally submitted Cockroach Labs
+        for inclusion in the Work by the copyright owner or by an individual or
+        Legal Entity authorized to submit on behalf of the copyright owner.  For
+        the purposes of this definition, "submitted" means any form of
+        electronic, verbal, or written communication sent to Cockroach Labs or
+        its representatives, including but not limited to communication on
+        electronic mailing lists, source code control systems, and issue
+        tracking systems that are managed by, or on behalf of, Cockroach Labs
+        for the purpose of discussing and improving the Work, but excluding
+        communication that is conspicuously marked or otherwise designated in
+        writing by the copyright owner as "Not a Contribution."
+
+    (e) "Contributor" shall mean any copyright owner or individual or Legal
+        Entity authorized by the copyright owner, other than Cockroach Labs,
+        from whom Cockroach Labs receives a Contribution that Cockroach Labs
+        subsequently incorporates within the Work.
+
+    (f) "Derivative Works" shall mean any work, whether in Source or Object
+        form, that is based on (or derived from) the Work, such as a
+        translation, abridgement, condensation, or any other recasting,
+        transformation, or adaptation for which the editorial revisions,
+        annotations, elaborations, or other modifications represent, as a whole,
+        an original work of authorship. For the purposes of this License,
+        Derivative Works shall not include works that remain separable from, or
+        merely link (or bind by name) to the interfaces of, the Work and
+        Derivative Works thereof.
+
+    (g) "Legal Entity" shall mean the union of the acting entity and all other
+        entities that control, are controlled by, or are under common control
+        with that entity.  For the purposes of this definition, "control" means
+        (i) the power, direct or indirect, to cause the direction or management
+        of such entity, whether by contract or otherwise, or (ii) ownership of
+        fifty percent (50%) or more of the outstanding shares, or (iii)
+        beneficial ownership of such entity.
+
+    (h) "License" shall mean the terms and conditions for use, reproduction, and
+        distribution of a Work as defined by this Agreement.
+
+    (i) "Licensor" shall mean Cockroach Labs or a Contributor, as applicable.
+
+    (j) "Object" form shall mean any form resulting from mechanical
+        transformation or translation of a Source form, including but not
+        limited to compiled object code, generated documentation, and
+        conversions to other media types.
+
+    (k) "Source" form shall mean the preferred form for making modifications,
+        including but not limited to software source code, documentation source,
+        and configuration files.
+
+    (l) "Third Party Works" shall mean Works, including Contributions, and other
+        technology owned by a person or Legal Entity other than Cockroach Labs,
+        as indicated by a copyright notice that is included in or attached to
+        such Works or technology.
+
+    (m) "Work" shall mean the work of authorship, whether in Source or Object
+        form, made available under a License, as indicated by a copyright notice
+        that is included in or attached to the work.
+
+    (n) "You" (or "Your") shall mean an individual or Legal Entity exercising
+        permissions granted by this License.
+
+  2. Licenses.
+
+    (a) License to CockroachDB Community Edition.  The License for CockroachDB
+        Community Edition is the Apache License, Version 2.0 ("Apache License").
+        The Apache License includes a grant of patent license, as well as
+        redistribution rights that are contingent on several requirements.
+        Please see
+
+            http://www.apache.org/licenses/LICENSE-2.0
+
+        for full terms.  CockroachDB Community Edition is a no-cost, entry-level
+        license and as such, contains the following disclaimers: NOTWITHSTANDING
+        ANYTHING TO THE CONTRARY HEREIN, COCKROACHDB COMMUNITY EDITION IS
+        PROVIDED "AS IS" AND "AS AVAILABLE", AND ALL EXPRESS OR IMPLIED
+        WARRANTIES ARE EXCLUDED AND DISCLAIMED, INCLUDING WITHOUT LIMITATION THE
+        IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
+        NON-INFRINGEMENT, AND ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN
+        LAW OR FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USE IN TRADE.
+        For clarity, the terms of this Agreement, other than the relevant
+        definitions in Section 1 and this Section 2(a) do not apply to
+        CockroachDB Community Edition.
+
+    (b) License to CockroachDB Enterprise Edition.
+
+      i   Grant of Copyright License: Subject to the terms of this Agreement,
+          Licensor hereby grants to You a worldwide, non-exclusive,
+          non-transferable limited license to reproduce, prepare Enterprise
+          Derivative Works (as defined below) of, publicly display, publicly
+          perform, sublicense, and distribute CockroachDB Enterprise Edition
+          for Your business purposes, for so long as You are not in violation
+          of this Section 2(b) and are current on all payments required by
+          Section 4 below.
+
+      ii  Grant of Patent License: Subject to the terms of this Agreement,
+          Licensor hereby grants to You a worldwide, non-exclusive,
+          non-transferable limited patent license to make, have made, use,
+          offer to sell, sell, import, and otherwise transfer CockroachDB
+          Enterprise Edition, where such license applies only to those patent
+          claims licensable by Licensor that are necessarily infringed by
+          their Contribution(s) alone or by combination of their
+          Contribution(s) with the Work to which such Contribution(s) was
+          submitted.  If You institute patent litigation against any entity
+          (including a cross-claim or counterclaim in a lawsuit) alleging that
+          the Work or a Contribution incorporated within the Work constitutes
+          direct or contributory patent infringement, then any patent licenses
+          granted to You under this License for that Work shall terminate as
+          of the date such litigation is filed.
+
+      iii License to Third Party Works:  From time to time Cockroach Labs may
+          use, or provide You access to, Third Party Works in connection
+          CockroachDB Enterprise Edition.  You acknowledge and agree that in
+          addition to this Agreement, Your use of Third Party Works is subject
+          to all other terms and conditions set forth in the License provided
+          with or contained in such Third Party Works.  Some Third Party Works
+          may be licensed to You solely for use with CockroachDB Enterprise
+          Edition under the terms of a third party License, or as otherwise
+          notified by Cockroach Labs, and not under the terms of this
+          Agreement.  You agree that the owners and third party licensors of
+          Third Party Works are intended third party beneficiaries to this
+          Agreement.
+
+  3. Support.  From time to time, in its sole discretion, Cockroach Labs may
+     offer professional services or support for CockroachDB, which may now or in
+     the future be subject to additional fees.
+
+  4. Fees for CockroachDB Enterprise Edition or CockroachDB Support.
+
+    (a) Fees.  The License to CockroachDB Enterprise Edition is conditioned upon
+        Your payment of the fees specified on
+
+            https://cockroachlabs.com/pricing
+
+        which You agree to pay to Cockroach Labs in accordance with the payment
+        terms set out on that page.  Any professional services or support for
+        CockroachDB may also be subject to Your payment of fees, which will be
+        specified by Cockroach Labs when you sign up to receive such
+        professional services or support. Cockroach Labs reserves the right to
+        change the fees at any time with prior written notice; for recurring
+        fees, any such adjustments will take effect as of the next pay period.
+
+    (b) Overdue Payments and Taxes. Overdue payments are subject to a service
+        charge equal to the lesser of 1.5% per month or the maximum legal
+        interest rate allowed by law, and You shall pay all Cockroach Labs’
+        reasonable costs of collection, including court costs and attorneys’
+        fees.  Fees are stated and payable in U.S. dollars and are exclusive of
+        all sales, use, value added and similar taxes, duties, withholdings and
+        other governmental assessments (but excluding taxes based on Cockroach
+        Labs’ income) that may be levied on the transactions contemplated by
+        this Agreement in any jurisdiction, all of which are Your responsibility
+        unless you have provided Cockroach Labs with a valid tax-exempt
+        certificate.
+
+    (c) Record-keeping and Audit.  If fees for CockroachDB Enterprise Edition
+        are based on the number of cores or servers running on CockroachDB
+        Enterprise Edition or another use-based unit of measurement, You must
+        maintain complete and accurate records with respect to Your use of
+        CockroachDB Enterprise Edition and will provide such records to
+        Cockroach Labs for inspection or audit upon Cockroach Labs’ reasonable
+        request.  If an inspection or audit uncovers additional usage by You for
+        which fees are owed under this Agreement, then You shall pay for such
+        additional usage at Cockroach Labs’ then-current rates.
+
+  5. Trial License.  If You have signed up for a trial or evaluation of
+     CockroachDB Enterprise Edition, Your License to CockroachDB Enterprise
+     Edition is granted without charge for the trial or evaluation period
+     specified when You signed up, or if no term was specified, for thirty (30)
+     calendar days, provided that Your License is granted solely for purposes of
+     Your internal evaluation of Cockroach Enterprise Edition during the trial
+     or evaluation period (a "Trial License").  You may not use CockroachDB
+     Enterprise Edition under a Trial License more than once in any twelve (12)
+     month period.  Cockroach Labs may revoke a Trial License at any time and
+     for any reason.  Sections 3, 4, 9 and 11 of this Agreement do not apply to
+     Trial Licenses.
+
+  6. Redistribution.  You may reproduce and distribute copies of the Work or
+     Derivative Works thereof in any medium, with or without modifications, and
+     in Source or Object form, provided that You meet the following conditions:
+
+    (a) You must give any other recipients of the Work or Derivative Works a
+        copy of this License; and
+
+    (b) You must cause any modified files to carry prominent notices stating
+        that You changed the files; and
+
+    (c) You must retain, in the Source form of any Derivative Works that You
+        distribute, all copyright, patent, trademark, and attribution notices
+        from the Source form of the Work, excluding those notices that do not
+        pertain to any part of the Derivative Works; and
+
+    (d) If the Work includes a "NOTICE" text file as part of its distribution,
+        then any Derivative Works that You distribute must include a readable
+        copy of the attribution notices contained within such NOTICE file,
+        excluding those notices that do not pertain to any part of the
+        Derivative Works, in at least one of the following places: within a
+        NOTICE text file distributed as part of the Derivative Works; within the
+        Source form or documentation, if provided along with the Derivative
+        Works; or, within a display generated by the Derivative Works, if and
+        wherever such third-party notices normally appear.  The contents of the
+        NOTICE file are for informational purposes only and do not modify the
+        License.  You may add Your own attribution notices within Derivative
+        Works that You distribute, alongside or as an addendum to the NOTICE
+        text from the Work, provided that such additional attribution notices
+        cannot be construed as modifying the License.
+
+        You may add Your own copyright statement to Your modifications and may
+        provide additional or different license terms and conditions for use,
+        reproduction, or distribution of Your modifications, or for any such
+        Derivative Works as a whole, provided Your use, reproduction, and
+        distribution of the Work otherwise complies with the conditions stated
+        in this License.
+
+    (e) Enterprise Derivative Works: Derivative Works of CockroachDB Enterprise
+        Edition ("Enterprise Derivative Works") may be made, reproduced and
+        distributed in any medium, with or without modifications, in Source or
+        Object form, provided that each Enterprise Derivative Work will be
+        considered to include a License to CockroachDB Enterprise Edition and
+        thus will be subject to the payment of fees to Cockroach Labs by any
+        user of the Enterprise Derivative Work.
+
+  7. Submission of Contributions. Unless You explicitly state otherwise, any
+     Contribution intentionally submitted for inclusion in CockroachDB by You to
+     Cockroach Labs shall be under the terms and conditions of
+
+         https://cla-assistant.io/cockroachdb/cockroach
+
+     (which is based off of the Apache License), without any additional terms or
+     conditions, payments of royalties or otherwise to Your benefit.
+     Notwithstanding the above, nothing herein shall supersede or modify the
+     terms of any separate license agreement You may have executed with
+     Cockroach Labs regarding such Contributions.
+
+  8. Trademarks.  This License does not grant permission to use the trade names,
+     trademarks, service marks, or product names of Licensor, except as required
+     for reasonable and customary use in describing the origin of the Work and
+     reproducing the content of the NOTICE file.
+
+  9. Limited Warranty.
+
+    (a) Warranties.  Cockroach Labs warrants to You that: (i) CockroachDB
+        Enterprise Edition will materially perform in accordance with the
+        applicable documentation for ninety (90) days after initial delivery to
+        You; and (ii) any professional services performed by Cockroach Labs
+        under this Agreement will be performed in a workmanlike manner, in
+        accordance with general industry standards.
+
+    (b) Exclusions.  Cockroach Labs’ warranties in this Section 9 do not extend
+        to problems that result from: (i) Your failure to implement updates
+        issued by Cockroach Labs during the warranty period; (ii) any
+        alterations or additions (including Enterprise Derivative Works and
+        Contributions) to CockroachDB not performed by or at the direction of
+        Cockroach Labs; (iii) failures that are not reproducible by Cockroach
+        Labs; (iv) operation of CockroachDB Enterprise Edition in violation of
+        this Agreement or not in accordance with its documentation; (v) failures
+        caused by software, hardware or products not licensed or provided by
+        Cockroach Labs hereunder; or (vi) Third Party Works.
+
+    (c) Remedies.  In the event of a breach of a warranty under this Section 9,
+        Cockroach Labs will, at its discretion and cost, either repair, replace
+        or re-perform the applicable Works or services or refund a portion of
+        fees previously paid to Cockroach Labs that are associated with the
+        defective Works or services. This is Your exclusive remedy, and
+        Cockroach Labs’ sole liability, arising in connection with the limited
+        warranties herein.
+
+  10. Disclaimer of Warranty.  Except as set out in Section 9, unless required
+      by applicable law, Licensor provides the Work (and each Contributor
+      provides its Contributions) on an "AS IS" BASIS, WITHOUT WARRANTIES OR
+      CONDITIONS OF ANY KIND, either express or implied, arising out of course
+      of dealing, course of performance, or usage in trade, including, without
+      limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT,
+      MERCHANTABILITY, CORRECTNESS, RELIABILITY, or FITNESS FOR A PARTICULAR
+      PURPOSE, all of which are hereby disclaimed.  You are solely responsible
+      for determining the appropriateness of using or redistributing Works and
+      assume any risks associated with Your exercise of permissions under the
+      applicable License for such Works.
+
+  11. Limited Indemnity.
+
+    (a) Indemnity.  Cockroach Labs will defend, indemnify and hold You harmless
+        against any third party claims, liabilities or expenses incurred
+        (including reasonable attorneys’ fees), as well as amounts finally
+        awarded in a settlement or a non-appealable judgement by a court
+        ("Losses"), to the extent arising from any claim or allegation by a
+        third party that CockroachDB Enterprise Edition infringes or
+        misappropriates a valid United States patent, copyright or trade secret
+        right of a third party; provided that You give Cockroach Labs: (i)
+        prompt written notice of any such claim or allegation; (ii) sole control
+        of the defense and settlement thereof; and (iii) reasonable cooperation
+        and assistance in such defense or settlement.  If any Work within
+        CockroachDB Enterprise Edition becomes or, in Cockroach Labs’ opinion,
+        is likely to become, the subject of an injunction, Cockroach Labs may,
+        at its option, (A) procure for You the right to continue using such
+        Work, (B) replace or modify such Work so that it becomes non-infringing
+        without substantially compromising its functionality, or, if (A) and (B)
+        are not commercially practicable, then (C) terminate Your license to the
+        allegedly infringing Work and refund to You a prorated portion of the
+        prepaid and unearned fees for such infringing Work.  The foregoing
+        states the entire liability of Cockroach Labs with respect to
+        infringement of patents, copyrights, trade secrets or other intellectual
+        property rights.
+
+    (b) Exclusions.  The foregoing obligations shall not apply to: (i) Works
+        modified by any party other than Cockroach Labs (including Enterprise
+        Derivative Works and Contributions), if the alleged infringement relates
+        to such modification, (ii) Works combined or bundled with any products,
+        processes or materials not provided by Cockroach Labs where the alleged
+        infringement relates to such combination, (iii) use of a version of
+        CockroachDB Enterprise Edition other than the version that was current
+        at the time of such use, as long as a non-infringing version had been
+        released, (iv) any Works created to Your specifications, (v)
+        infringement or misappropriation of any proprietary right in which You
+        have an interest, or (vi) Third Party Works.  You will defend, indemnify
+        and hold Cockroach Labs harmless against any Losses arising from any
+        such claim or allegation, subject to conditions reciprocal to those in
+        Section 11(a).
+
+  12. Limitation of Liability.  In no event and under no legal or equitable
+      theory, whether in tort (including negligence), contract, or otherwise,
+      unless required by applicable law (such as deliberate and grossly
+      negligent acts), and notwithstanding anything in this Agreement to the
+      contrary, shall Licensor or any Contributor be liable to You for (i) any
+      amounts in excess, in the aggregate, of the fees paid by You to Cockroach
+      Labs under this Agreement in the twelve (12) months preceding the date the
+      first cause of liability arose), or (ii) any indirect, special,
+      incidental, punitive, exemplary, reliance, or consequential damages of any
+      character arising as a result of this Agreement or out of the use or
+      inability to use the Work (including but not limited to damages for loss
+      of goodwill, profits, data or data use, work stoppage, computer failure or
+      malfunction, cost of procurement of substitute goods, technology or
+      services, or any and all other commercial damages or losses), even if such
+      Licensor or Contributor has been advised of the possibility of such
+      damages. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE
+      ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
+
+  13. Accepting Warranty or Additional Liability.  While redistributing Works or
+      Derivative Works thereof, and without limiting your obligations under
+      Section 6, You may choose to offer, and charge a fee for, acceptance of
+      support, warranty, indemnity, or other liability obligations and/or rights
+      consistent with this License.  However, in accepting such obligations, You
+      may act only on Your own behalf and on Your sole responsibility, not on
+      behalf of any other Contributor, and only if You agree to indemnify,
+      defend, and hold Cockroach Labs and each other Contributor harmless for
+      any liability incurred by, or claims asserted against, such Contributor by
+      reason of your accepting any such warranty or additional liability.
+
+  14. General.
+
+    (a) Relationship of Parties.  You and Cockroach Labs are independent
+        contractors, and nothing herein shall be deemed to constitute either
+        party as the agent or representative of the other or both parties as
+        joint venturers or partners for any purpose.
+
+    (b) Export Control.  You shall comply with the U.S. Foreign Corrupt
+        Practices Act and all applicable export laws, restrictions and
+        regulations of the U.S. Department of Commerce, and any other applicable
+        U.S. and foreign authority.
+
+    (c) Assignment.  This Agreement and the rights and obligations herein may
+        not be assigned or transferred, in whole or in part, by You without the
+        prior written consent of Cockroach Labs.  Any assignment in violation of
+        this provision is void.  This Agreement shall be binding upon, and inure
+        to the benefit of, the successors and permitted assigns of the parties.
+
+    (d) Governing Law.  This Agreement shall be governed by and construed under
+        the laws of the State of New York and the United States without regard
+        to conflicts of laws provisions thereof, and without regard to the
+        Uniform Computer Information Transactions Act.
+
+    (e) Attorneys’ Fees.  In any action or proceeding to enforce rights under
+        this Agreement, the prevailing party shall be entitled to recover its
+        costs, expenses and attorneys’ fees.
+
+    (f) Severability.  If any provision of this Agreement is held to be invalid,
+        illegal or unenforceable in any respect, that provision shall be limited
+        or eliminated to the minimum extent necessary so that this Agreement
+        otherwise remains in full force and effect and enforceable.
+
+    (g) Entire Agreement; Waivers; Modification.  This Agreement constitutes the
+        entire agreement between the parties relating to the subject matter
+        hereof and supersedes all proposals, understandings, or discussions,
+        whether written or oral, relating to the subject matter of this
+        Agreement and all past dealing or industry custom. The failure of either
+        party to enforce its rights under this Agreement at any time for any
+        period shall not be construed as a waiver of such rights. No changes,
+        modifications or waivers to this Agreement will be effective unless in
+        writing and signed by both parties.