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