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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.
SPDX canonical text (Apache-2.0)
Apache License
Version 2.0, January 2004
http://www.apache.org/licenses/
TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
1. Definitions.
"License" shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 9 of this document.
"Licensor" shall mean the copyright owner or entity authorized by the copyright owner that is granting the License.
"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.
"You" (or "Your") shall mean an individual or Legal Entity exercising permissions granted by this License.
"Source" form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files.
"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.
"Work" shall mean the work of authorship, whether in Source or Object form, made available under the License, as indicated by a copyright notice that is included in or attached to the work (an example is provided in the Appendix below).
"Derivative Works" shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and 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.
"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 to Licensor 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 the Licensor 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, the Licensor 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."
"Contributor" shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work.
2. Grant of Copyright License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form.
3. Grant of Patent License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor 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.
4. 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.
5. Submission of Contributions. Unless You explicitly state otherwise, any Contribution intentionally submitted for inclusion in the Work by You to the Licensor shall be under the terms and conditions of this License, without any additional terms or conditions. Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with Licensor regarding such Contributions.
6. Trademarks. This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file.
7. Disclaimer of Warranty. Unless required by applicable law or agreed to in writing, 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, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Work and assume any risks associated with Your exercise of permissions under this License.
8. Limitation of Liability. In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages.
9. Accepting Warranty or Additional Liability. While redistributing the Work or Derivative Works thereof, 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 each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability.
END OF TERMS AND CONDITIONS
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