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authorAndrew Morrow <acm@mongodb.com>2018-08-25 12:13:24 -0400
committerAndrew Morrow <acm@mongodb.com>2018-09-12 16:15:01 -0400
commit5ab6eb1312c3d174f6319ce5239a7cfd7b084dcf (patch)
treee0e7e3cd43e0b22c19905f80ef100f3712c86f6f /src/mongo/embedded/LICENSE-Embedded.txt
parent47ab234e910a04cb2bee4114170b042d47586c35 (diff)
downloadmongo-5ab6eb1312c3d174f6319ce5239a7cfd7b084dcf.tar.gz
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+License Agreement
+
+The following License Agreement establishes the terms on which
+MongoDB, Inc. (“Company”) grants a license to Company’s applicable
+proprietary application software solely in machine-readable,
+executable, object-code form and related documentation (the
+“Software”) to you the licensee (“You” or “Your”) solely on the
+condition that You accept all of the terms in this License Agreement
+(the “Agreement”). By clicking through any applicable acceptance
+screen, or otherwise accessing, installing, or using the Software, you
+are indicating your acceptance of this Agreement, and if you do not
+agree to the terms of this Agreement, you may not access, install, or
+use the Software. If You are an employee or agent of a company (the
+“Customer”), You hereby agree that You enter into this Agreement on
+behalf of the Customer and that You have the authority to bind the
+Customer to the terms and conditions of this Agreement.
+
+1. LICENSE. During the Period (as defined below), subject to Your full
+and ongoing compliance with all the terms and conditions of this
+Agreement, Company hereby grants You a limited, revocable,
+non-exclusive, non-transferable, non-sublicensable license to install
+and use the Software in your internal environment, and solely for the
+intended purpose of the Software.
+
+2. RESTRICTIONS. You will not, and will not allow any third party to:
+(i) modify or create derivative works of the Software; (ii) sell,
+sublicense, rent, lease, distribute, market, or commercialize the
+Software; (iii) decompile, disassemble, translate, reverse engineer or
+otherwise attempt to derive source code from, any portion of the
+Software, except and solely to the extent that the foregoing
+restriction is impermissible pursuant to applicable law or third party
+license; (iv) remove, alter or obscure any proprietary notices of
+Company, its licensors or suppliers included in the Software; or (v)
+publicly disseminate performance information about or analysis of the
+Software, including benchmarking test results. No third party may
+access, view or use the Software under this Agreement.
+
+3. NO FEES; OPERATING EXPENSES. Subject to the terms of this
+Agreement, You and Company agree that no license fees or other fees
+shall be payable under this Agreement in exchange for the rights
+granted and/or the use of the Software or other materials provided
+under this Agreement.
+
+4. FEEDBACK. If you choose to provide us with suggestions, ideas for
+improvement, recommendations or other feedback, we may use your
+feedback without any restriction or payment.
+
+5. OWNERSHIP. The Software, and all worldwide intellectual property
+rights and proprietary rights to the Software, are the exclusive
+property of Company and its licensors. Company and its licensors
+reserve all rights in and to the Software not expressly granted to You
+in this Agreement, and no other licenses or rights are granted by
+implication, estoppel or otherwise.
+
+6. TERM. This Agreement shall commence when you download the Software
+and shall continue in force and effect until terminated by either
+party (“Period”). Either party may terminate this Agreement, with or
+without cause, immediately upon written notice to the other party.
+Company may terminate this Agreement by posting a notice on its
+website, and this Agreement will terminate immediately and without
+notice in the event that you breach any term or condition of this
+Agreement. Upon the expiration or any termination of this Agreement,
+the license and all rights granted to You under this Agreement will
+immediately terminate, and You shall promptly purge and destroy all
+copies of the Software in Your possession. Provisions intended by
+their nature to survive termination of this Agreement survive
+termination.
+
+7. WARRANTY DISCLAIMER. THE SOFTWARE IS PROVIDED TO YOU “AS IS” AND
+COMPANY AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND
+REPRESENTATIONS OF ANY KIND WITH REGARD TO THE SOFTWARE OR THIS
+AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF
+NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE,
+FUNCTIONALITY OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR
+STATUTORY.
+
+8. LIMITATION OF REMEDIES. IN NO EVENT SHALL COMPANY BE LIABLE FOR
+ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES
+IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF THE NATURE OF THE
+CLAIM OR THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, LOST
+PROFITS, COSTS OF DELAY, ANY FAILURE OF DELIVERY, BUSINESS
+INTERRUPTION, COSTS OF LOST OR DAMAGED DATA OR DOCUMENTATION OR
+LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE, REGARDLESS OF
+WHETHER THE COMPANY HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH
+DAMAGES. WITHOUT LIMITING THE FOREGOING, COMPANY’S CUMULATIVE
+LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT,
+INCLUDING, WITHOUT LIMITATION, ANY CAUSE OF ACTION SOUNDING IN
+CONTRACT, TORT, OR STRICT LIABILITY, SHALL NOT EXCEED ONE HUNDRED
+DOLLARS (U.S. $100.00). THE FOREGOING LIMITATIONS WILL APPLY
+NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY
+PROVIDED HEREIN.
+
+9. ESSENTIAL BASIS OF AGREEMENT. The Parties acknowledge and agree
+that the disclaimers, exclusions and limitations of liability set
+forth in Section 9 form an essential basis of this Agreement, and
+that, absent any of such disclaimers, exclusions or limitations of
+liability, the terms of this Agreement, including, without limitation,
+the economic terms, would be substantially different.
+
+10. GENERAL. This Agreement shall be governed by and interpreted in
+accordance with the laws of the State of New York, without regard to
+conflicts of law principles thereof or to the United Nations
+Convention on the International Sale of Goods. For purposes of all
+claims brought under this agreement, each of the parties hereby
+irrevocably submits to the exclusive jurisdiction of the state and
+federal courts located within the State of New York. Company may
+assign this Agreement, in whole or in part, at any time with or
+without notice to You. You may not assign this Agreement, or any part
+of it, to any other party. Any attempt by You to do so is null and
+void. If any provision of this Agreement is held to be unenforceable,
+that provision will be enforced to the extent permissible by law and
+the remaining provisions will remain in full force. No waiver under
+this Agreement shall be valid or binding unless set forth in writing
+and duly executed by the party against whom enforcement of such waiver
+is sought. Any such waiver shall constitute a waiver only with
+respect to the specific matter described therein and shall in no way
+impair the rights of the party granting such waiver in any other
+respect or at any other time. Any delay or forbearance by either
+party in exercising any right hereunder shall not be deemed a waiver
+of that right. This Agreement is the complete and exclusive statement
+of the agreement between us and supersedes any proposal or prior
+agreement, oral or written, and any other communications between You
+and Company in relation to the subject matter of this Agreement.
+
+If You have any questions regarding this Agreement or the Software,
+please direct all correspondence to: legal@mongodb.com.