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author | Andrew Morrow <acm@mongodb.com> | 2018-08-25 12:13:24 -0400 |
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committer | Andrew Morrow <acm@mongodb.com> | 2018-09-12 16:15:01 -0400 |
commit | 5ab6eb1312c3d174f6319ce5239a7cfd7b084dcf (patch) | |
tree | e0e7e3cd43e0b22c19905f80ef100f3712c86f6f /src/mongo/embedded/LICENSE-Embedded.txt | |
parent | 47ab234e910a04cb2bee4114170b042d47586c35 (diff) | |
download | mongo-5ab6eb1312c3d174f6319ce5239a7cfd7b084dcf.tar.gz |
SERVER-34007 Apply embedded license
Diffstat (limited to 'src/mongo/embedded/LICENSE-Embedded.txt')
-rw-r--r-- | src/mongo/embedded/LICENSE-Embedded.txt | 126 |
1 files changed, 126 insertions, 0 deletions
diff --git a/src/mongo/embedded/LICENSE-Embedded.txt b/src/mongo/embedded/LICENSE-Embedded.txt new file mode 100644 index 00000000000..3514d4fbddd --- /dev/null +++ b/src/mongo/embedded/LICENSE-Embedded.txt @@ -0,0 +1,126 @@ +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. |