Gentoo Archives: gentoo-commits

From: "Manuel Rüger" <mrueg@g.o>
To: gentoo-commits@l.g.o
Subject: [gentoo-commits] repo/gentoo:master commit in: licenses/
Date: Sun, 05 Aug 2018 13:57:13
Message-Id: 1533477394.251881ce1efc231605b31673caf6d5bd38c83b7e.mrueg@gentoo
1 commit: 251881ce1efc231605b31673caf6d5bd38c83b7e
2 Author: Tomas Mozes <hydrapolic <AT> gmail <DOT> com>
3 AuthorDate: Thu Aug 2 14:37:40 2018 +0000
4 Commit: Manuel Rüger <mrueg <AT> gentoo <DOT> org>
5 CommitDate: Sun Aug 5 13:56:34 2018 +0000
6 URL: https://gitweb.gentoo.org/repo/gentoo.git/commit/?id=251881ce
7
8 licenses/Elastic: add license for app-misc/elasticsearch
9
10 licenses/Elastic | 223 +++++++++++++++++++++++++++++++++++++++++++++++++++++++
11 1 file changed, 223 insertions(+)
12
13 diff --git a/licenses/Elastic b/licenses/Elastic
14 new file mode 100644
15 index 00000000000..7376ffc3ff1
16 --- /dev/null
17 +++ b/licenses/Elastic
18 @@ -0,0 +1,223 @@
19 +ELASTIC LICENSE AGREEMENT
20 +
21 +PLEASE READ CAREFULLY THIS ELASTIC LICENSE AGREEMENT (THIS "AGREEMENT"), WHICH
22 +CONSTITUTES A LEGALLY BINDING AGREEMENT AND GOVERNS ALL OF YOUR USE OF ALL OF
23 +THE ELASTIC SOFTWARE WITH WHICH THIS AGREEMENT IS INCLUDED ("ELASTIC SOFTWARE")
24 +THAT IS PROVIDED IN OBJECT CODE FORMAT, AND, IN ACCORDANCE WITH SECTION 2 BELOW,
25 +CERTAIN OF THE ELASTIC SOFTWARE THAT IS PROVIDED IN SOURCE CODE FORMAT. BY
26 +INSTALLING OR USING ANY OF THE ELASTIC SOFTWARE GOVERNED BY THIS AGREEMENT, YOU
27 +ARE ASSENTING TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE
28 +WITH SUCH TERMS AND CONDITIONS, YOU MAY NOT INSTALL OR USE THE ELASTIC SOFTWARE
29 +GOVERNED BY THIS AGREEMENT. IF YOU ARE INSTALLING OR USING THE SOFTWARE ON
30 +BEHALF OF A LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE ACTUAL
31 +AUTHORITY TO AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT ON BEHALF OF
32 +SUCH ENTITY.
33 +
34 +Posted Date: April 20, 2018
35 +
36 +This Agreement is entered into by and between Elasticsearch BV ("Elastic") and
37 +You, or the legal entity on behalf of whom You are acting (as applicable,
38 +"You").
39 +
40 +1. OBJECT CODE END USER LICENSES, RESTRICTIONS AND THIRD PARTY OPEN SOURCE
41 +SOFTWARE
42 +
43 + 1.1 Object Code End User License. Subject to the terms and conditions of
44 + Section 1.2 of this Agreement, Elastic hereby grants to You, AT NO CHARGE and
45 + for so long as you are not in breach of any provision of this Agreement, a
46 + License to the Basic Features and Functions of the Elastic Software.
47 +
48 + 1.2 Reservation of Rights; Restrictions. As between Elastic and You, Elastic
49 + and its licensors own all right, title and interest in and to the Elastic
50 + Software, and except as expressly set forth in Sections 1.1, and 2.1 of this
51 + Agreement, no other license to the Elastic Software is granted to You under
52 + this Agreement, by implication, estoppel or otherwise. You agree not to: (i)
53 + reverse engineer or decompile, decrypt, disassemble or otherwise reduce any
54 + Elastic Software provided to You in Object Code, or any portion thereof, to
55 + Source Code, except and only to the extent any such restriction is prohibited
56 + by applicable law, (ii) except as expressly permitted in this Agreement,
57 + prepare derivative works from, modify, copy or use the Elastic Software Object
58 + Code or the Commercial Software Source Code in any manner; (iii) except as
59 + expressly permitted in Section 1.1 above, transfer, sell, rent, lease,
60 + distribute, sublicense, loan or otherwise transfer, Elastic Software Object
61 + Code, in whole or in part, to any third party; (iv) use Elastic Software
62 + Object Code for providing time-sharing services, any software-as-a-service,
63 + service bureau services or as part of an application services provider or
64 + other service offering (collectively, "SaaS Offering") where obtaining access
65 + to the Elastic Software or the features and functions of the Elastic Software
66 + is a primary reason or substantial motivation for users of the SaaS Offering
67 + to access and/or use the SaaS Offering ("Prohibited SaaS Offering"); (v)
68 + circumvent the limitations on use of Elastic Software provided to You in
69 + Object Code format that are imposed or preserved by any License Key, or (vi)
70 + alter or remove any Marks and Notices in the Elastic Software. If You have any
71 + question as to whether a specific SaaS Offering constitutes a Prohibited SaaS
72 + Offering, or are interested in obtaining Elastic's permission to engage in
73 + commercial or non-commercial distribution of the Elastic Software, please
74 + contact elastic_license@×××××××.co.
75 +
76 + 1.3 Third Party Open Source Software. The Commercial Software may contain or
77 + be provided with third party open source libraries, components, utilities and
78 + other open source software (collectively, "Open Source Software"), which Open
79 + Source Software may have applicable license terms as identified on a website
80 + designated by Elastic. Notwithstanding anything to the contrary herein, use of
81 + the Open Source Software shall be subject to the license terms and conditions
82 + applicable to such Open Source Software, to the extent required by the
83 + applicable licensor (which terms shall not restrict the license rights granted
84 + to You hereunder, but may contain additional rights). To the extent any
85 + condition of this Agreement conflicts with any license to the Open Source
86 + Software, the Open Source Software license will govern with respect to such
87 + Open Source Software only. Elastic may also separately provide you with
88 + certain open source software that is licensed by Elastic. Your use of such
89 + Elastic open source software will not be governed by this Agreement, but by
90 + the applicable open source license terms.
91 +
92 +2. COMMERCIAL SOFTWARE SOURCE CODE
93 +
94 + 2.1 Limited License. Subject to the terms and conditions of Section 2.2 of
95 + this Agreement, Elastic hereby grants to You, AT NO CHARGE and for so long as
96 + you are not in breach of any provision of this Agreement, a limited,
97 + non-exclusive, non-transferable, fully paid up royalty free right and license
98 + to the Commercial Software in Source Code format, without the right to grant
99 + or authorize sublicenses, to prepare Derivative Works of the Commercial
100 + Software, provided You (i) do not hack the licensing mechanism, or otherwise
101 + circumvent the intended limitations on the use of Elastic Software to enable
102 + features other than Basic Features and Functions or those features You are
103 + entitled to as part of a Subscription, and (ii) use the resulting object code
104 + only for reasonable testing purposes.
105 +
106 + 2.2 Restrictions. Nothing in Section 2.1 grants You the right to (i) use the
107 + Commercial Software Source Code other than in accordance with Section 2.1
108 + above, (ii) use a Derivative Work of the Commercial Software outside of a
109 + Non-production Environment, in any production capacity, on a temporary or
110 + permanent basis, or (iii) transfer, sell, rent, lease, distribute, sublicense,
111 + loan or otherwise make available the Commercial Software Source Code, in whole
112 + or in part, to any third party. Notwithstanding the foregoing, You may
113 + maintain a copy of the repository in which the Source Code of the Commercial
114 + Software resides and that copy may be publicly accessible, provided that you
115 + include this Agreement with Your copy of the repository.
116 +
117 +3. TERMINATION
118 +
119 + 3.1 Termination. This Agreement will automatically terminate, whether or not
120 + You receive notice of such Termination from Elastic, if You breach any of its
121 + provisions.
122 +
123 + 3.2 Post Termination. Upon any termination of this Agreement, for any reason,
124 + You shall promptly cease the use of the Elastic Software in Object Code format
125 + and cease use of the Commercial Software in Source Code format. For the
126 + avoidance of doubt, termination of this Agreement will not affect Your right
127 + to use Elastic Software, in either Object Code or Source Code formats, made
128 + available under the Apache License Version 2.0.
129 +
130 + 3.3 Survival. Sections 1.2, 2.2. 3.3, 4 and 5 shall survive any termination or
131 + expiration of this Agreement.
132 +
133 +4. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
134 +
135 + 4.1 Disclaimer of Warranties. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE
136 + LAW, THE ELASTIC SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND,
137 + AND ELASTIC AND ITS LICENSORS MAKE NO WARRANTIES WHETHER EXPRESSED, IMPLIED OR
138 + STATUTORY REGARDING OR RELATING TO THE ELASTIC SOFTWARE. TO THE MAXIMUM EXTENT
139 + PERMITTED UNDER APPLICABLE LAW, ELASTIC AND ITS LICENSORS SPECIFICALLY
140 + DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
141 + PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE ELASTIC SOFTWARE, AND WITH
142 + RESPECT TO THE USE OF THE FOREGOING. FURTHER, ELASTIC DOES NOT WARRANT RESULTS
143 + OF USE OR THAT THE ELASTIC SOFTWARE WILL BE ERROR FREE OR THAT THE USE OF THE
144 + ELASTIC SOFTWARE WILL BE UNINTERRUPTED.
145 +
146 + 4.2 Limitation of Liability. IN NO EVENT SHALL ELASTIC OR ITS LICENSORS BE
147 + LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT OR INDIRECT DAMAGES,
148 + INCLUDING, WITHOUT LIMITATION, FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS
149 + INTERRUPTION, LOSS OF DATA, COST OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY
150 + SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, IN CONNECTION WITH
151 + OR ARISING OUT OF THE USE OR INABILITY TO USE THE ELASTIC SOFTWARE, OR THE
152 + PERFORMANCE OF OR FAILURE TO PERFORM THIS AGREEMENT, WHETHER ALLEGED AS A
153 + BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN IF ELASTIC
154 + HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
155 +
156 +5. MISCELLANEOUS
157 +
158 + This Agreement completely and exclusively states the entire agreement of the
159 + parties regarding the subject matter herein, and it supersedes, and its terms
160 + govern, all prior proposals, agreements, or other communications between the
161 + parties, oral or written, regarding such subject matter. This Agreement may be
162 + modified by Elastic from time to time, and any such modifications will be
163 + effective upon the "Posted Date" set forth at the top of the modified
164 + Agreement. If any provision hereof is held unenforceable, this Agreement will
165 + continue without said provision and be interpreted to reflect the original
166 + intent of the parties. This Agreement and any non-contractual obligation
167 + arising out of or in connection with it, is governed exclusively by Dutch law.
168 + This Agreement shall not be governed by the 1980 UN Convention on Contracts
169 + for the International Sale of Goods. All disputes arising out of or in
170 + connection with this Agreement, including its existence and validity, shall be
171 + resolved by the courts with jurisdiction in Amsterdam, The Netherlands, except
172 + where mandatory law provides for the courts at another location in The
173 + Netherlands to have jurisdiction. The parties hereby irrevocably waive any and
174 + all claims and defenses either might otherwise have in any such action or
175 + proceeding in any of such courts based upon any alleged lack of personal
176 + jurisdiction, improper venue, forum non conveniens or any similar claim or
177 + defense. A breach or threatened breach, by You of Section 2 may cause
178 + irreparable harm for which damages at law may not provide adequate relief, and
179 + therefore Elastic shall be entitled to seek injunctive relief without being
180 + required to post a bond. You may not assign this Agreement (including by
181 + operation of law in connection with a merger or acquisition), in whole or in
182 + part to any third party without the prior written consent of Elastic, which
183 + may be withheld or granted by Elastic in its sole and absolute discretion.
184 + Any assignment in violation of the preceding sentence is void. Notices to
185 + Elastic may also be sent to legal@×××××××.co.
186 +
187 +6. DEFINITIONS
188 +
189 + The following terms have the meanings ascribed:
190 +
191 + 6.1 "Affiliate" means, with respect to a party, any entity that controls, is
192 + controlled by, or which is under common control with, such party, where
193 + "control" means ownership of at least fifty percent (50%) of the outstanding
194 + voting shares of the entity, or the contractual right to establish policy for,
195 + and manage the operations of, the entity.
196 +
197 + 6.2 "Basic Features and Functions" means those features and functions of the
198 + Elastic Software that are eligible for use under a Basic license, as set forth
199 + at https://www.elastic.co/subscriptions, as may be modified by Elastic from
200 + time to time.
201 +
202 + 6.3 "Commercial Software" means the Elastic Software Source Code in any file
203 + containing a header stating the contents are subject to the Elastic License or
204 + which is contained in the repository folder labeled "x-pack", unless a LICENSE
205 + file present in the directory subtree declares a different license.
206 +
207 + 6.4 "Derivative Work of the Commercial Software" means, for purposes of this
208 + Agreement, any modification(s) or enhancement(s) to the Commercial Software,
209 + which represent, as a whole, an original work of authorship.
210 +
211 + 6.5 "License" means a limited, non-exclusive, non-transferable, fully paid up,
212 + royalty free, right and license, without the right to grant or authorize
213 + sublicenses, solely for Your internal business operations to (i) install and
214 + use the applicable Features and Functions of the Elastic Software in Object
215 + Code, and (ii) permit Contractors and Your Affiliates to use the Elastic
216 + software as set forth in (i) above, provided that such use by Contractors must
217 + be solely for Your benefit and/or the benefit of Your Affiliates, and You
218 + shall be responsible for all acts and omissions of such Contractors and
219 + Affiliates in connection with their use of the Elastic software that are
220 + contrary to the terms and conditions of this Agreement.
221 +
222 + 6.6 "License Key" means a sequence of bytes, including but not limited to a
223 + JSON blob, that is used to enable certain features and functions of the
224 + Elastic Software.
225 +
226 + 6.7 "Marks and Notices" means all Elastic trademarks, trade names, logos and
227 + notices present on the Documentation as originally provided by Elastic.
228 +
229 + 6.8 "Non-production Environment" means an environment for development, testing
230 + or quality assurance, where software is not used for production purposes.
231 +
232 + 6.9 "Object Code" means any form resulting from mechanical transformation or
233 + translation of Source Code form, including but not limited to compiled object
234 + code, generated documentation, and conversions to other media types.
235 +
236 + 6.10 "Source Code" means the preferred form of computer software for making
237 + modifications, including but not limited to software source code,
238 + documentation source, and configuration files.
239 +
240 + 6.11 "Subscription" means the right to receive Support Services and a License
241 + to the Commercial Software.