From 206fd48f5b354454e067dc33a854a898b6247b00 Mon Sep 17 00:00:00 2001 From: Ayan Sinha Mahapatra Date: Tue, 29 Oct 2024 16:35:55 +0530 Subject: [PATCH 1/3] Add new licenses and updates Signed-off-by: Ayan Sinha Mahapatra --- .../data/licenses/djangosnippets-tos.LICENSE | 23 +++++++++++++ .../data/licenses/freetos-mit.LICENSE | 32 +++++++++++++++++++ .../data/licenses/lanl-bsd-3-variant.LICENSE | 24 ++++++++++++++ .../data/licenses/unicode-v3.LICENSE | 1 + 4 files changed, 80 insertions(+) create mode 100644 src/licensedcode/data/licenses/djangosnippets-tos.LICENSE create mode 100644 src/licensedcode/data/licenses/freetos-mit.LICENSE create mode 100644 src/licensedcode/data/licenses/lanl-bsd-3-variant.LICENSE diff --git a/src/licensedcode/data/licenses/djangosnippets-tos.LICENSE b/src/licensedcode/data/licenses/djangosnippets-tos.LICENSE new file mode 100644 index 00000000000..a676f0943ea --- /dev/null +++ b/src/licensedcode/data/licenses/djangosnippets-tos.LICENSE @@ -0,0 +1,23 @@ +--- +key: djangosnippets-tos +short_name: Djangosnippets TOS +name: Djangosnippets Terms of Service +category: CLA +owner: Djangosnippets +homepage_url: https://djangosnippets.org/about/tos/ +spdx_license_key: LicenseRef-scancode-djangosnippets-tos +--- + +Terms of Service + +We hate legal-speak as much as anybody, but on a site which is geared toward sharing code there has to be at least a little bit of it, so here goes: + +By creating an account here you agree to three things: + +1. That you will only post code which you wrote yourself and that you have the legal right to release under these terms. + +2. That you grant any third party who sees the code you post a royalty-free, non-exclusive license to copy and distribute that code and to make and distribute derivative works based on that code. You may include license terms in snippets you post, if you wish to use a particular license (such as the BSD license or GNU GPL), but that license must permit royalty-free copying, distribution and modification of the code to which it is applied. + +3. That if you post code of which you are not the author or for which you do not have the legal right to distribute according to these terms, you will indemnify and hold harmless the operators of this site and any third parties who are exposed to liability as a result of your actions. + +If you can't legally agree to these terms, or don't want to, you cannot create an account here. \ No newline at end of file diff --git a/src/licensedcode/data/licenses/freetos-mit.LICENSE b/src/licensedcode/data/licenses/freetos-mit.LICENSE new file mode 100644 index 00000000000..ea6af97c682 --- /dev/null +++ b/src/licensedcode/data/licenses/freetos-mit.LICENSE @@ -0,0 +1,32 @@ +--- +key: freetos-mit +short_name: FreeRTOS MIT +name: FreeRTOS MIT +category: Permissive +owner: FreeRTOS +homepage_url: https://github.com/FreeRTOS/FreeRTOS-Kernel/blob/V10.0.0/FreeRTOS/Source/list.c +spdx_license_key: LicenseRef-scancode-freetos-mit +text_urls: + - https://github.com/FreeRTOS/FreeRTOS-Kernel/blob/V10.0.0/FreeRTOS/Source/list.c +other_urls: + - http://www.FreeRTOS.org + - http://aws.amazon.com/freertos +--- + +Permission is hereby granted, free of charge, to any person obtaining a copy of +this software and associated documentation files (the "Software"), to deal in +the Software without restriction, including without limitation the rights to +use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of +the Software, and to permit persons to whom the Software is furnished to do so, +subject to the following conditions: + +The above copyright notice and this permission notice shall be included in all +copies or substantial portions of the Software. If you wish to use our Amazon +FreeRTOS name, please do so in a fair use way that does not cause confusion. + +THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR +IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS +FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR +COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER +IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN +CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. \ No newline at end of file diff --git a/src/licensedcode/data/licenses/lanl-bsd-3-variant.LICENSE b/src/licensedcode/data/licenses/lanl-bsd-3-variant.LICENSE new file mode 100644 index 00000000000..956ee2caa40 --- /dev/null +++ b/src/licensedcode/data/licenses/lanl-bsd-3-variant.LICENSE @@ -0,0 +1,24 @@ +--- +key: lanl-bsd-3-variant +short_name: LANL BSD-3 Variant +name: Los Alamos National Labs BSD-3 Variant +category: Permissive +owner: LANL +homepage_url: https://opensource.org/license/los-alamos-national-labs-bsd-3-variant +spdx_license_key: LicenseRef-scancode-lanl-bsd-3-variant +osi_url: https://opensource.org/license/los-alamos-national-labs-bsd-3-variant +ignorable_copyrights: + - Copyright XXXX. Los Alamos National Security, LLC. +ignorable_holders: + - XXXX. Los Alamos National Security, LLC. +--- + +Copyright XXXX. Los Alamos National Security, LLC. This software was produced under U.S. Government contract DE-AC52-06NA25396 for Los Alamos National Laboratory (LANL), which is operated by Los Alamos National Security, LLC for the U.S. Department of Energy. The U.S. Government has rights to use, reproduce, and distribute this software. NEITHER THE GOVERNMENT NOR LOS ALAMOS NATIONAL SECURITY, LLC MAKES ANY WARRANTY, EXPRESS OR IMPLIED, OR ASSUMES ANY LIABILITY FOR THE USE OF THIS SOFTWARE. If software is modified to produce derivative works, such modified software should be clearly marked, so as not to confuse it with the version available from LANL. + +Additionally, redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: + + Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. + Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. + Neither the name of Los Alamos National Security, LLC, Los Alamos National Laboratory, LANL, the U.S. Government, nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission. + +THIS SOFTWARE IS PROVIDED BY LOS ALAMOS NATIONAL SECURITY, LLC AND CONTRIBUTORS “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL LOS ALAMOS NATIONAL SECURITY, LLC OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. \ No newline at end of file diff --git a/src/licensedcode/data/licenses/unicode-v3.LICENSE b/src/licensedcode/data/licenses/unicode-v3.LICENSE index b21432f5c8c..78acd2c67d4 100644 --- a/src/licensedcode/data/licenses/unicode-v3.LICENSE +++ b/src/licensedcode/data/licenses/unicode-v3.LICENSE @@ -8,6 +8,7 @@ homepage_url: https://www.unicode.org/license.txt spdx_license_key: Unicode-3.0 other_spdx_license_keys: - LicenseRef-scancode-unicode-v3 +osi_url: https://opensource.org/license/unicode-license-v3 --- UNICODE LICENSE V3 From 41bc945aef74b0e6db58ad0c5e467a93a52e76a1 Mon Sep 17 00:00:00 2001 From: Ayan Sinha Mahapatra Date: Tue, 5 Nov 2024 19:42:33 +0530 Subject: [PATCH 2/3] Add fixes to license metadata Signed-off-by: Ayan Sinha Mahapatra --- .../{freetos-mit.LICENSE => freertos-mit.LICENSE} | 9 ++------- src/licensedcode/data/licenses/punycode.LICENSE | 2 ++ 2 files changed, 4 insertions(+), 7 deletions(-) rename src/licensedcode/data/licenses/{freetos-mit.LICENSE => freertos-mit.LICENSE} (84%) diff --git a/src/licensedcode/data/licenses/freetos-mit.LICENSE b/src/licensedcode/data/licenses/freertos-mit.LICENSE similarity index 84% rename from src/licensedcode/data/licenses/freetos-mit.LICENSE rename to src/licensedcode/data/licenses/freertos-mit.LICENSE index ea6af97c682..b34fec848b6 100644 --- a/src/licensedcode/data/licenses/freetos-mit.LICENSE +++ b/src/licensedcode/data/licenses/freertos-mit.LICENSE @@ -1,16 +1,11 @@ --- -key: freetos-mit +key: freertos-mit short_name: FreeRTOS MIT name: FreeRTOS MIT category: Permissive owner: FreeRTOS homepage_url: https://github.com/FreeRTOS/FreeRTOS-Kernel/blob/V10.0.0/FreeRTOS/Source/list.c -spdx_license_key: LicenseRef-scancode-freetos-mit -text_urls: - - https://github.com/FreeRTOS/FreeRTOS-Kernel/blob/V10.0.0/FreeRTOS/Source/list.c -other_urls: - - http://www.FreeRTOS.org - - http://aws.amazon.com/freertos +spdx_license_key: LicenseRef-scancode-freertos-mit --- Permission is hereby granted, free of charge, to any person obtaining a copy of diff --git a/src/licensedcode/data/licenses/punycode.LICENSE b/src/licensedcode/data/licenses/punycode.LICENSE index 329f4d5466d..b083744dcef 100644 --- a/src/licensedcode/data/licenses/punycode.LICENSE +++ b/src/licensedcode/data/licenses/punycode.LICENSE @@ -6,6 +6,8 @@ category: Permissive owner: nicemice homepage_url: https://git.savannah.gnu.org/gitweb/?p=libidn.git;a=blob;f=lib/punycode.c;h=14d70152b9c5723778af174ff6027cc3742b749e;hb=HEAD#l54 spdx_license_key: LicenseRef-scancode-punycode +text_urls: + - https://datatracker.ietf.org/doc/html/rfc3492#page-22 --- Disclaimer and license: Regarding this entire document or any From f258b2c37325ab90285a193cf2535927ff11bdb9 Mon Sep 17 00:00:00 2001 From: Ayan Sinha Mahapatra Date: Wed, 20 Nov 2024 21:44:24 +0530 Subject: [PATCH 3/3] Add new licenses added to dejacode Added by @DennisClark, thanks to @armijnhemel and @pombredanne for reporting these too. Reference: https://github.com/aboutcode-org/scancode-toolkit/issues/3992 Reference: https://github.com/aboutcode-org/scancode-toolkit/issues/3991 Reference: https://github.com/aboutcode-org/scancode-toolkit/issues/3990 Reference: https://github.com/aboutcode-org/scancode-toolkit/issues/3993 Reference: https://github.com/aboutcode-org/scancode-toolkit/issues/3973 Signed-off-by: Ayan Sinha Mahapatra --- .../data/licenses/autosar-proprietary.LICENSE | 30 + .../licenses/rocket-master-terms-2022.LICENSE | 773 ++++++++++++++++++ .../data/licenses/salesforcesans-font.LICENSE | 120 +++ .../data/licenses/snowplow-cla-1.0.LICENSE | 62 ++ .../data/licenses/snowplow-lula-1.0.LICENSE | 68 ++ .../snowplow-person-academic-1.0.LICENSE | 67 ++ 6 files changed, 1120 insertions(+) create mode 100644 src/licensedcode/data/licenses/autosar-proprietary.LICENSE create mode 100644 src/licensedcode/data/licenses/rocket-master-terms-2022.LICENSE create mode 100644 src/licensedcode/data/licenses/salesforcesans-font.LICENSE create mode 100644 src/licensedcode/data/licenses/snowplow-cla-1.0.LICENSE create mode 100644 src/licensedcode/data/licenses/snowplow-lula-1.0.LICENSE create mode 100644 src/licensedcode/data/licenses/snowplow-person-academic-1.0.LICENSE diff --git a/src/licensedcode/data/licenses/autosar-proprietary.LICENSE b/src/licensedcode/data/licenses/autosar-proprietary.LICENSE new file mode 100644 index 00000000000..bca6dbeb9b8 --- /dev/null +++ b/src/licensedcode/data/licenses/autosar-proprietary.LICENSE @@ -0,0 +1,30 @@ +--- +key: autosar-proprietary +short_name: AUTOSAR Proprietary Notice +name: AUTOSAR Proprietary Notice +category: Proprietary Free +owner: AUTOSAR +spdx_license_key: LicenseRef-scancode-autosar-proprietary +text_urls: + - https://www.autosar.org/fileadmin/standards/R22-11/FO/AUTOSAR_PRS_SOMEIPProtocol.pdf + - https://www.autosar.org/fileadmin/standards/R22-11/FO/AUTOSAR_PRS_SOMEIPServiceDiscoveryProtocol.pdf +--- + +Disclaimer +This work (specification and/or software implementation) and the material contained in +it, as released by AUTOSAR, is for the purpose of information only. AUTOSAR and the +companies that have contributed to it shall not be liable for any use of the work. + +The material contained in this work is protected by copyright and other types of intel- +lectual property rights. The commercial exploitation of the material contained in this +work requires a license to such intellectual property rights. + +This work may be utilized or reproduced without any modification, in any form or by +any means, for informational purposes only. For any other purpose, no part of the work +may be utilized or reproduced, in any form or by any means, without permission in +writing from the publisher. + +The work has been developed for automotive applications only. It has neither been +developed, nor tested for non-automotive applications. + +The word AUTOSAR and the AUTOSAR logo are registered trademarks. \ No newline at end of file diff --git a/src/licensedcode/data/licenses/rocket-master-terms-2022.LICENSE b/src/licensedcode/data/licenses/rocket-master-terms-2022.LICENSE new file mode 100644 index 00000000000..7a069c4af9d --- /dev/null +++ b/src/licensedcode/data/licenses/rocket-master-terms-2022.LICENSE @@ -0,0 +1,773 @@ +--- +key: rocket-master-terms-2022 +short_name: Rocket Software Master Terms 2022 +name: Rocket Software Master Terms and Conditions 2022 +category: Commercial +owner: Rocket Software +homepage_url: https://github.com/RocketSoftware/jcl-projcl-vscode-ext/blob/master/LICENSE.txt +spdx_license_key: LicenseRef-scancode-rocket-master-terms-2022 +ignorable_copyrights: + - (c) Assumption of Defense + - (c) Force Majeure +ignorable_holders: + - Assumption of Defense + - Force Majeure +--- + +Rocket Software + +Master Terms and Conditions + +Rocket Software, Inc. or its subsidiary designated on an Order Form ("Rocket") +provides software Products and related Services according to these Software +License and Services Terms ("Terms"). By executing an Order Form dated on or +after the date of these Terms, Customer agrees, for itself and its majority +owned subsidiaries, these Terms apply to the first Order Form Customer executes +(together, the "Agreement") each Order Form thereafter, Customer's rights and +obligations, and previously purchased Products and Services. Each Order Form is +a separate contract incorporating these Terms and are the entire terms governing +Customer's purchase of Products and/or Services. The parties agree that they may +do business electronically, including contract formation, order placement and +acceptance. An order Customer places and Rocket accepts on any Rocket website +will create fully enforceable obligations subject to these Terms. + +A. GENERAL TERMS + +1. INTELLECTUAL PROPERTY OWNERSHIP + +Rocket, its affiliates or licensors own and retain all right, title and interest +in all Intellectual Property in Products, Services, Deliverables, Documentation, +(except as otherwise specified herein), developments, research data, designs, +layout, methodologies, processes and procedures, models, formulae, documents, +drawings, plans, specifications and other Rocket information, proprietary +materials and all derivative works. To the extent that any right, title or +interest in or to any Rocket's Intellectual Property may not automatically vest +in Rocket by operation of law, Customer irrevocably transfers, assigns and +conveys all right, title, and interest therein to Rocket. At Rocket's request +and expense Customer will promptly take any action and execute any documents +necessary to vest full title in Rocket or its licensor. + +2. CONFIDENTIALITY + +(a) Confidential Information. Whether or not disclosed orally or marked as +confidential, Confidential Information includes the Agreement; Order Forms, +Products, Deliverables, and Services; either party's non-public data or +personally identifiable information regarding employees or customer(s) residing +on the party's computer systems; Intellectual Property, and Rocket's proposals, +specifications, manuals, product roadmaps, financial data, pricing, and results +of benchmark tests. Confidential Information does not include information that +is (i) publicly available without breach of the Agreement; (ii) reasonably shown +to Disclosing Party's satisfaction to have been known by Receiving Party prior +to disclosure or independently developed by Receiving Party subsequent to +disclosure without breach of these Terms; or (iii) obtained by Receiving Party +from a third party without confidentiality obligation. Products are not deemed +to be placed in the public domain by Rocket. Receiving Party will promptly +notify Disclosing Party if it is compelled by a court or legal process to +disclose Confidential Information and will take any reasonable action requested +by Disclosing Party to maintain the confidentiality of the Confidential +Information. + +(b) Non-disclosure. Customer will use best efforts to prevent disclosure to +Rocket of any personally identifiable information (PII) regarding Customer's +employees or customer(s). Customer is solely responsible for complying with any +requirements regarding PII disclosed to Rocket, other than Rocket's +confidentiality obligations hereunder. Receiving Party will use Disclosing +Party's Confidential Information solely to perform its obligations under the +Agreement. Receiving Party will take commercially reasonable steps to safeguard +Disclosing Party's Confidential Information, including no less than the steps +taken to protect its own Confidential Information. Receiving Party must not +disclose Disclosing Party's Confidential Information except to its employees +bound by written confidentiality obligations, or Affiliates under a duty of +confidentiality, no less restrictive than these Terms. Receiving Party must +promptly notify Disclosing Party in writing of unauthorized use or disclosure of +Confidential Information. Receiving Party, at its expense, must take all +reasonable action to recover Confidential Information and prevent further +unauthorized use or disclosure, including action for seizure and injunctive +relief. If Receiving Party fails to do so in a timely manner, Disclosing Party +may take reasonable action to do so at Receiving Party's expense, and Receiving +Party must reasonably cooperate. + +3. INTELLECTUAL PROPERTY INDEMNIFICATION + +(a) By Rocket. + +(i) Rocket will defend, at its expense, a third party legal action, suit or +proceeding against Customer ("Claim") to the extent that a Product, or a +Deliverable that is a Product proprietary derivative work, as delivered by +Rocket to Customer ("Indemnified Product") directly infringes a valid U.S. +patent or copyright. Rocket will indemnify Customer for any judgment finally +awarded against Customer or settlement agreed by Rocket for such Claim to the +extent of the Indemnified Product's infringement, provided (1) Customer notifies +Rocket promptly in writing of the Claim, (2) Rocket has sole control over the +defense or settlement, and (3) Customer fully cooperates with Rocket, providing +all documents and information in Customer's possession relevant to the Claim, +and Customer makes personnel available to testify or consult with Rocket. + +(ii) If an Indemnified Product becomes, or in Rocket's opinion is likely to +become subject to a Claim, Rocket may, at its option and expense, (1) acquire +the right for Customer to continue using the Indemnified Product, (2) replace or +modify the Indemnified Product or create a workaround so that the Indemnified +Product is functionally equivalent and non-infringing, or (3) terminate the +License for the Indemnified Product and give Customer a credit for the Product +Fee paid by Customer for the infringing part of the Indemnified Product, less a +reasonable allowance for the time Customer used the Indemnified Product. + +(iii) Rocket is not obligated or liable for a Claim due to: (1) use of an +Indemnified Product not according to the Agreement and Documentation, (2) +modification of an Indemnified Product made by anyone other than Rocket, or +modification made by Rocket for non-standard features or functionality for +Customer or according to Customer's directions, (3) any products, equipment, +software, or data not supplied by Rocket, (4) use of an Indemnified Product +combined with any other products, equipment, software, or data not supplied by +Rocket if infringement would not occur without the combination, (5) a release +of Indemnified Product other than the most current release available or +Customer's failure to install a revision, update or release that would have +eliminated the infringement, (6) Customer's designs, instructions, plans or +specifications, or (7) use of an Indemnified Product combined with a Customer or +third party use, process or method if infringement would not occur without the +combination. + +(b) By Customer. + +(i) Customer will defend, at its expense, a third party claim against Rocket (1) +that any product, information, data or material provided by Customer infringes +another party's intellectual property rights, other than a Claim for which +Rocket is responsible according to Section A3(a) above, or (2) arising from +Customer's or its Affiliates' failure to comply with the License or +Confidentiality terms of the Agreement. + +(ii) Customer will indemnify Rocket for any damages, or amounts agreed as +settlement, for the claim, provided (1) Rocket notifies Customer promptly in +writing of the claim, (2) Customer has sole control over the defense or +settlement, and (3) Rocket cooperates with Customer, providing all documents and +information in Rocket's possession relevant to the claim, and Rocket makes +personnel available to testify or consult with Customer as reasonably needed. + +(c) Assumption of Defense. If a party fails to defend or settle a claim +according to this Section A3 in a timely manner, the other party may assume +defense of the claim at the indemnifying party's expense, and the indemnifying +party will reasonably cooperate. Neither party may make an admission of fault on +behalf of the other party, or agree to the settlement of a claim binding the +other party that does not contain a full release of liability for the other +party, without written consent. (d) Limitation. THIS SECTION A3 DESCRIBES EACH +PARTY'S SOLE LIABILITY AND THE OTHER PARTY'S SOLE REMEDY FOR INTELLECTUAL +PROPERTY INFRINGEMENT INDEMNIFICATION. + +(d) Professional Services Indemnity. Each party will defend, at their expense, +any action brought against the other party for bodily injury, death, or tangible +property damage to the extent caused by the gross negligence or willful +misconduct of the defending party relating to a Professional Services +engagement. The defending party will indemnify the other party for and pay +damages finally awarded in such action, or agreed as a settlement by the +indemnifying party, if (a) the other party promptly notifies the indemnifying +party in writing of the claim, (b) the indemnifying party has sole control over +the defense or settlement, and (c) the other party cooperates in the +indemnifying party's defense or settlement. If a party with an indemnification +obligation fails to defend or settle a claim in a timely manner, the other party +may assume the defense at the obligated party's expense, and the obligated party +will reasonably cooperate. Neither party may, without the other party's written +consent, agree to a settlement that: (a) binds the other party, (b) does not +contain a full release of the other party, or (c) admits fault on behalf of the +other party. THIS SECTION A3(d) DESCRIBES EACH PARTY'S SOLE LIABILITY AND THE +OTHER PARTY'S SOLE REMEDY FOR PROFESSIONAL SERVICES INDEMNIFICATION. + +4. LIMITATION OF LIABILITY + +(a) ROCKET, ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR (i) ANY +CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES, (ii) ANY +INTERRUPTION OF BUSINESS OR OPERATIONS, COST OF COVER, GOODWILL, TOLL FRAUD, OR +LOSS OF DATA, PROFITS, OR REVENUE, OR FAILURE OF A REMEDY TO ACHIEVE ITS +ESSENTIAL PURPOSE. + +(b) EXCEPT FOR A CLAIM FOR INFRINGEMENT UNDER SECTION A3, DEATH OR BODILY INJURY +CLAIMS, TANGIBLE PROPERTY DAMAGE, WILLFUL MISCONDUCT, OR FRAUD, ROCKET, ITS +AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY DAMAGES THAT EXCEED THE +AMOUNT CUSTOMER PAID IN THE PRECEDING 12 MONTHS FOR THE PRODUCT OR SERVICE THAT +GAVE RISE TO THE CLAIM. + +(c) THE LIMITATIONS IN THIS SECTION A4 WILL APPLY TO ANY DAMAGES, HOWEVER +CAUSED, UNDER ANY THEORY OF LIABLITY, WHETHER FOR BREACH OF CONTRACT, TORT, +MISREPRESENTATION, NEGLIGENCE, THE USE OR PERFORMANCE OF A PRODUCT OR SERVICE, +OR OTHERWISE, AND REGARDLESS OF WHETHER THE DAMAGES WERE FORESEEABLE OR +UNFORSEEABLE. ROCKET WILL NOT BE LIABLE FOR ANY CLAIM BROUGHT MORE THAN 12 +MONTHS AFTER CUSTOMER BECAME AWARE OF THE ISSUE GIVING RISE TO THE CLAIM. +ROCKET'S FAILURE TO EXERCISE A RIGHT OR REMEDY IS NOT A WAIVER. + +5. DISPUTE RESOLUTION + +The parties will attempt in good faith to resolve any controversy or claim +promptly through business discussions and will, upon written request, escalate a +dispute to executive management for resolution. If the parties fail to resolve +the dispute within 30 days of written request, or any longer period agreed in +writing, the parties may pursue the remedies to which they are entitled. This +clause will not restrict either party's right to seek injunctive relief. + +6. INJUNCTIVE RELIEF + +Customer's failure to comply with the License or Confidentiality terms of the +Agreement would result in irreparable harm to Rocket that may be intangible but +real and is incapable of complete remedy by award of damages. Customer agrees +(a) Rocket has the right to an injunction or other court order and may proceed +directly to court to specifically enforce Customer's obligations, (b) no finding +of irreparable harm or other condition to injunctive relief is required, (c) an +order may be entered to compel Customer to act or refrain from acting or +threatened action, and (d) if an injunction is granted, Customer will pay +Rocket's reasonable expenses and attorney fees, in addition to any other relief +granted. Rocket shall have the right to pursue all remedies at law and in equity +for such a breach. + +7. MISCELLANEOUS + +(a) Agreement. The Agreement supersedes all other oral or written terms, +proposals or representations in effect between the parties regarding Rocket +Products and Services. Any terms in a subsequent or contemporaneous Order Form +that are inconsistent with these Terms will control for that Order Form only, +and the General Terms may only be modified by a written amendment signed by both +parties. Inconsistent terms of Customer's purchase order are excluded regardless +of Rocket accepting the purchase order for payment purposes. If any Agreement +term is illegal, invalid, or unenforceable, the other terms remain in full force +and effect and any term that is intended to survive the Agreement termination +will survive. + +(b) Assignment. Customer may not assign the Agreement, an Order Form, or any of +its obligations, rights or remedies, in whole or in part, without Rocket's prior +written approval in its sole discretion. + +(c) Force Majeure. Neither party is liable for delay or failing to perform its +obligations due to a cause beyond its reasonable control and without fault or +negligence, except Customer's failure to perform its payment obligations. + +(d) Governing Law, Jurisdiction and Region-Specific Terms Massachusetts laws +govern the Agreement, the parties' performance, rights and obligations, +excluding conflict of law principles that would apply the law of any other +jurisdiction. Each party waives the right to jury trial for a claim in law or +equity. The United Nations Convention on Contracts for the International Sale of +Goods and the Uniform Computer Information Transaction Act, as adopted, do not +apply. US, North and South America, and Rest of World. For customers located in +the United States, North and South America, and any other jurisdiction not +covered by the region-specific terms below (Rest of World), the following terms +apply: Governing Law; This Agreement is governed by the laws of the Commonwealth +of Massachusetts and the United States, without regard to choice or conflict of +law rules thereof. U.S. Government Use. The Rocket Services are based upon +commercial computer software. If the user or licensee of an Rocket Service is an +agency, department or other entity of the United States Government, the use, +duplication, reproduction, release, modification, disclosure or transfer of the +Rocket Service, or any related documentation of any kind, including technical +data and manuals, is restricted by a license agreement or by this Agreement in +accordance with Federal Acquisition Regulations 12.211 (Technical Data) and +12.212 (Computer Software) for civilian purposes and Defense Federal Acquisition +Regulation Supplement 227.7202-3 (Rights in Commercial Computer Software or +Computer Software Documentation). The Rocket Services were developed fully at +private expense. All other use is prohibited. If greater rights are needed, a +mutually acceptable written amendment specifically conveying these rights must +be included as part of this Agreement. General. The Uniform Computer +Information Transactions Act (UCITA) do not apply to this Agreement regardless +of when or where adopted. + +UK, IE, Middle East, Africa, Russia, and India. For customers located in the +Republic of Ireland, the United Kingdom, British Crown Dependencies, British +Overseas Territories, Middle East, Africa, Russia, and India the following terms +apply: Governing Law; Jurisdiction and Venue. This Agreement is governed by the +laws of England and Wales and the parties submit to the exclusive jurisdiction +and venue of courts located in England. + +Germany, Austria, and Switzerland ("DACH"). For customers located in DACH, the +following terms apply: Governing Law; Jurisdiction and Venue. This Agreement is +governed by the laws of Germany and the parties submit to the exclusive +jurisdiction and venue of courts located in Germany. Clarification on Liability +Cap under Section A.4(Limitation of Liability). THE PARTIES AGREE THAT THE +LIABILITY CAP AT SECTION A.4 APPLIES FOR SLIGHTLY NEGLIGENT INFRINGEMENT OF A +MATERIAL CONTRACTUAL OBLIGATION, WHOSE FULFILLMENT IS ESSENTIAL IN ACCOMPLISHING +THE CONTRACT AND ON WHOSE FULFILLMENT THE OTHER PARTY CAN REGULARLY DEPEND +("CARDINAL DUTY"/ "KARDINALPFLICHT"). THE PARTIES SPECIFICALLY AGREE THAT THE +TYPICAL FORESEEABLE DAMAGE AND BREACHES OF A CARDINAL DUTY WILL NOT EXCEED IN +AGGREGATE THE LIABILITY CAP SET OUT IN SECTION A.4. Additional Exceptions on +Liability under Section A.4 NONE OF THE LIMITATIONS IN SECTION A.4 EXCLUDES +EITHER PARTY'S LIABILITY FOR DAMAGES DIRECTLY RESULTING FROM: (I) INTENT; (II) +GROSS NEGLIGENCE; (III) CULPABLE INJURY TO LIFE, BODY AND HEALTH; (IV) IN CASE +OF A BREACH OF GUARANTEE, WHICH MUST BE EXPLICITLY NAMED A "GUARANTEE"; OR (V) +MANDATORY LIABILITIES UNDER THE PRODUCT LIABILITY ACT. + +Netherlands and Rest of Europe. For customers located in the Netherlands and +European countries not covered by other region-specific terms above, the +following terms apply: Governing Law; Jurisdiction and Venue. This Agreement is +governed by the laws of the Netherlands and the parties submit to the exclusive +jurisdiction and venue of court located in Rotterdam. Any court proceedings will +be conducted in English, to the extent available. Additional Exceptions on +Liability under Section A.4(Limitation on Liability). NONE OF THE LIMITATIONS IN +SECTION A.4 EXCLUDES EITHER PARTY'S LIABILITY FOR EITHER PARTY'S LIABILITY FOR +INTENT OR GROSS NEGLIGENCE (OPZET OF BEWUSTE ROEKELOOSHEID) OF THAT PARTY OR ITS +MANAGERIAL STAFF. + +Australia, Zealand And Asia Pacific. For customers located in Australia and New +Zealand and Asia Pacific the following terms apply: Governing Law; Jurisdiction +and Venue. This Agreement is governed by the laws of Australia and New South +Wales and the parties submit to the exclusive jurisdiction and venue of courts +located in Sydney. + +(e) Compliance with Laws; Export. Customer will comply with U.S., foreign, and +international laws and regulations, including without limitation the U.S. +Foreign Corrupt Practices Act, U.K. Bribery Act, other anti-corruption laws, +U.S. Export Administration and Treasury Department's Office of Foreign Assets +Control regulations, and other anti-boycott and import regulations. Customer +agrees: (i) that the export, re-export, transfer, re-transfer, sale, supply, +access to, or use of the Products, Deliverables or Services to or in a country +other than the country in which the Product , Deliverables or Services were +first provided to Customer, or to, by, or for a different end user or end use +may require a U.S. or other government license or other authorization; and (ii) +not to, directly or indirectly, export, re-export, transfer, re-transfer, sell, +supply, or allow access to or use of the Products, Deliverables or Services to, +in, by, or for sanctioned, embargoed, or prohibited countries, persons, or end +uses under U.S. or other applicable law (collectively, "Prohibited Uses"). +Customer is responsible for screening for Prohibited Uses and obtaining any +required licenses or other authorizations and shall indemnify Rocket for any +violation by Customer of any applicable export controls and/or economic +sanctions laws and regulations. Rocket may terminate the Agreement and Licenses +immediately if Rocket determines, in its sole discretion, that Customer has +breached, intends to breach, or insists upon breaching any of the provisions in +this clause. + +(f) Language. The parties agree that the Agreement and all related documents are +in English. + +(g) No Agency. Each party is an independent contractor and may not commit the +other party without written authorization. The Agreement does not create an +employment, joint venture, partner, or agency relationship. + +(h) Non-Solicitation. For the Agreement term and 1 year after the termination +date, without Rocket's written consent, Customer will not, directly or +indirectly, hire or solicit any Rocket employee, former employee, or contractor +(except as a result of a generally advertised recruiting solicitation), or +attempt to or interfere with Rocket's business. + +(i) Notice. Notice or approval must be in writing signed by a party's authorized +representative, sent to the address on the Order Form or otherwise specified in +writing by a party. Notice must be sent by mail or overnight courier with return +receipt, and is effective 1 business day after being sent by overnight courier +or 3 business days after being sent by mail. + +(j) Publicity. Rocket may use Customer's name in press releases, product +brochures, and other marketing materials to indicate they are Rocket's customer. +Rocket will use Customer's trademarks, service marks, logos or branding, +according to Customer's branding guidelines, which Customer will make available +to Rocket. + +(k) Taxes. Product and Service Fees do not include taxes. Customer will pay all +sales, use, property, customs, excise, value added and other taxes ("Tax") +imposed upon the purchase, sale, license, or use of Products and/or Services, +regardless whether the Tax is included in the invoice Rocket sends to Customer, +except taxes on Rocket's net income. Fees payable by Customer will not be +reduced by any Tax and Customer will pay invoiced Fees and Tax, or Customer will +provide a tax exemption certificate or tax payment receipt prior to Rocket's +Delivery of Products or performance of Services, or proof of payment for Tax +within 30 days from invoice date. + +(l) Payment. Unless specified otherwise by Rocket in writing, Customer's payment +is due within 30 days from date of invoice. Late payment is a material breach of +Customer's obligation, upon which Rocket may suspend Product Delivery and +Service performance. Customer will pay to Rocket all reasonable costs and +expenses for collection of overdue amounts, including legal fees. Rocket may +review Customer's financial condition, payment and credit history and notify +Customer of any additional payment or credit requirements. Customer must notify +Rocket in writing of any disputed invoice within 15 days of invoice receipt or +its right to dispute the invoice will be deemed waived. Customer will pay Fees +as invoiced regardless of any warranty claim. + +9. DEFINITIONS + +(a) Affiliate means a legal entity that is controlled by Customer through +ownership of 51% or more of its outstanding equity that may order Products and +Services by executing an Order Form as a customer under these Terms, subject to +Rocket's written approval. + +(b) Concurrent User means a User authorized to use a Product or Service +concurrently with other Concurrent Users, limited by a maximum number of +Concurrent Users at any one time. + +(c) Confidential Information means any material, data, or information, in any +form or media, that is proprietary or confidential to a party and is marked as +confidential, or not marked but by its nature or treatment by its owner should +reasonably be considered to be confidential. + +(d) Customer means the legal entity executing the initial Order Form. + +(e) Day means calendar day unless specified as business day. + +(f) Deliverable means materials or work product specified as a "deliverable" in +an Order Form that Rocket provides or creates with Professional Services, +including without limitation software programming, application program +interfaces, information, documents, reports, technical and non-technical data, +specifications and other material, including derivative works. Deliverables do +not include Products. + +(g) Deliver(y) means Rocket has provided, and Customer is deemed to have +accepted, a Product through electronic access. + +(h) Disclosing Party means a party whose Confidential Information is disclosed +to the other party. + +(i) Documentation means Rocket's user manuals and training materials provided to +Customer electronically or physically. + +(j) Enterprise License means a Measured License limited to the use required +within a certain business unit or corporate entity specified in the Order Form +measured as of the Order Form date. + +(k) Fee means Rocket's price for a Product or Service specified in an Order +Form. + +(l) Intellectual Property means all intellectual property, including without +limitation, inventions, patents, copyrights, trademarks, service marks, trade +names, trade secrets, know-how, moral rights, licenses, and any other intangible +proprietary or property rights, registered or not, under statute and/or common +law. + +(m) License means Customer's non-exclusive, non-transferable right to use the +licensed Products, Services, Deliverables or materials for its own internal +business operations, according to the Documentation, and subject to the +Agreement's restrictions. + +(n) Measured License means a License for the time period, number and type of +Users, transactions, copies, seats, instructions per second (MIPS) or other +quantity or measure specified for each Product listed in an Order Form. + +(o) Named User means an individual identified User authorized to use a Product +or Service. A new Named User may replace a prior Named User. + +(p) Order Form means a quote, SOW, or registration form provided by Rocket to +Customer that includes the Products, Services, Fees and a unique Rocket +reference number for each Order Form. + +(q) Products means Rocket proprietary software products. + +(r) Product Warranty means Rocket's limited warranty for Products. + +(s) Professional Services means the professional consulting services, standard +installation, integration and configuration services, and time and materials +services Rocket provides as an independent contractor. + +(t) Receiving Party means a party receiving the other party's Confidential +Information. + +(u) Service(s) means Support Services and/or Professional Services. + +(v) Service Warranty means Rocket's limited warranty specified for Support +Services or Professional Services. + +(w) SOW means a statement of work that documents materials and services for a +project that Rocket provides, generally for Professional Services engagements, +including a project plan, resources and actions provided by each party and a +payment schedule. + +(x) Support Period means a time period defined in an Order Form during which +Rocket will provide Support Services. + +(y) Support Service(s) means Rocket's current standard maintenance and support +services, policies and procedures for Products. + +(z) User means a Named User or Concurrent User employed by and authorized by +Customer to use a Product or Service for Customer's internal business purposes. + +B. PRODUCT PURCHASE/LICENSE/MAINTENANCE SUPPORT TERMS + +1. ORDERS + +Rocket will provide an Order Form to Customer that includes the Products, +Support Services, Fees, other Services, and Rocket reference number for each +order. Customer will place a binding order, subject to Rocket's acceptance, by +sending Rocket a signed Order Form. + +2. LICENSE + +(a) Grant. Rocket grants to Customer a Measured License for each Product listed +in the Order Form, in object code form, and related Documentation. Customer may +make one copy of the Product for non-production backup purposes. Customer's +right to use the Product as an Enterprise License or a type of Measured License +is specified in the Order Form. Customer's actual use will not decrease (but may +increase) the scope of the License granted and the Fees due. + +(b) Restrictions. Customer will not: +(i) Rent, lease, or sublicense a Product, or use a Product as a service bureau +or for hosting as an application service provider; +(ii) Permit any third party to access or use a Product or Documentation, except +for Customer's Affiliates using a Product or Documentation for Customer's +internal business operations, provided Customer (a) ensures its Affiliates +comply with the terms of the Agreement and (b) is liable for their acts and +omissions; +(iii) Transfer or use a Product or Documentation to or in a country other than +that to which Rocket first provides it; +(iv) Use a Product except as specified in the Documentation; +(v) Translate, modify or make derivative works of a Product or Documentation; +(vi) Reverse engineer, , decompile or disassemble a Product, except as permitted +by law after Customer has disclosed its intended activities in writing to +Rocket; +(vii) Exceed the time period for the License, or use a Product in excess of the +Measured License or Enterprise License, which Customer purchased; +(viii) Use a Product in production if provided under a testing, evaluation, +development or other non-production License; +(ix) Alter a Product's copyright or other intellectual property rights notices; +(x) Infringe or misappropriate Rocket's or its licensors' Intellectual Property. + +(c) Verification. Customer will keep accurate records measuring its use of the +Products according to its License. Rocket has the right to audit Customer's +records and operations to verify Customer's Product use according to the License +and the Agreement. Audits will be scheduled at a mutually agreed date and time +during Customer's usual business hours. If Rocket determines that Customer's +Product use exceeds the License Customer purchased, Customer will immediately +pay Rocket the current Fees for the additional Product use, including reasonably +estimated arrears for Support Service Fees, and reimburse Rocket's reasonable +expenses to perform the audit. THE LIMITATION OF LIABILITY SET FORTH IN SECTION +A4 DOES NOT APPLY TO CUSTOMER'S PRODUCT USE EXCEEDING ITS LICENSE OR +MISAPPROPRIATION OF A PRODUCT. + +(d) Termination. Rocket may terminate a License by written notice (i) +immediately, if Customer infringes or misappropriates Rocket's or its licensors' +Intellectual Property or fails to comply with the License Terms; (ii) as +specified in the Warranty Terms; and (iii) if Customer materially breaches the +Agreement, subject to any specified cure period. Upon termination Customer will +immediately return or destroy all Product and, upon Rocket's request, provide +written certification of such destruction. + +(e) Excluded Components. The provisions of this paragraph do not apply to the +extent they are held to be invalid or unenforceable under the law that governs +this Agreement. Notwithstanding any of the terms in this Agreement or any other +agreement Licensee may have with Rocket (a) the third party suppliers of such +Excluded Components, as described in the Notices file included with the included +with the Software, (the "Suppliers") provide the components WITHOUT WARRANTIES +OF ANY KIND and, such Suppliers DISCLAIM ANY AND ALL EXPRESS AND IMPLIED +WARRANTIES AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, +NON-INFRINGEMENT OR INTERFERENCE AND THE IMPLIED WARRANTIES AND CONDITIONS OF +MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE +EXCLUDED COMPONENTS; (b) the Suppliers shall not be liable for any direct, +indirect, incidental, special, exemplary, punitive or consequential damages, +including but not limited to lost data, lost savings, and lost profits, with +respect to the Excluded Components; and, (c) neither Rocket nor the Suppliers +shall be liable to Licensee for any claims arising directly or indirectly from +or related to the Excluded Components. Notices with respect to the Excluded +Components, including instructions for obtaining source code (as applicable) for +certain Excluded Components, may be found in the NOTICES file(s) that +accompanies the Software. + +3. SUPPORT SERVICES + +(a) Support Services. Rocket will provide Support Services purchased by Customer +according to Rocket's current standard policies and procedures as revised from +time to time. Rocket's standard Support Services generally include (i) +commercially reasonable efforts to resolve problems or bugs in the Product which +substantially impair the functionality described in Rocket's published technical +specifications; (ii) revisions and updates for Products containing code fixes, +improvements or enhancements to existing functionality as available; (iii) +access to online problem reporting, tracking, and self-help tools; and (iv) +telephone support for trained Customer personnel during purchased support hours. +Support Services do not include onsite support which may be purchased if +available. + +(b) Support Period; Termination. Support Service is available for a minimum 12 +month Support Period, unless a longer period is specified in an Order Form, and +the initial Support Period begins on the Product Delivery date. The Support +Period will renew automatically for subsequent Support Periods equal to the +initial Support Period unless either party provides written notice of +termination at least 60 days prior to the end of the current Support Period. +Rocket may suspend or terminate Support Service upon written notice if Customer +breaches its obligations including timely payment for any Support Period. Upon +termination Customer will, at Rocket's direction, return or destroy any Rocket +materials, Confidential Information and Documentation, and Customer will +immediately pay Rocket all fees due for the remainder of the Support Period and +any other fees accrued as of the termination date. + +4. PRODUCT DELIVERY + +All Products provided to Customer by Rocket are subject to these Terms. Risk of +loss for Products passes to Customer upon Delivery. Customer is responsible for +customs clearance, documents, and paying any customs duties and import fees. + +5. FEES AND PAYMENT + +(a) Product Fees. Customer will pay to Rocket the Product Fees according to an +Order Form, along with shipping, handling, taxes and any similar fees. + +(b) Support Service Fees. Support Service Fees for the initial Support Period +are included in the Product Order Form. Rocket will provide an Order Form or +invoice for each renewal Support Period at Rocket's current list price, and +Customer will pay the Support Service Fees when due, according to the Order Form +or invoice. Rocket may not provide renewal Support Services if Customer does not +pay the renewal Fees to Rocket prior to the end of the current Support Period. +If Customer's Support Services lapse at any time, renewal will be subject to +Rocket's re-instatement policies and fees. Payment that is invoiced in arrears +for any Support Period is due and payable on invoice date. + +6. WARRANTIES + +(a) Products. Rocket warrants that Product will perform substantially according +to Rocket's current published technical specifications on the Product Delivery +date, when used according to the Documentation. Customer must provide a written +Product Warranty claim to Rocket within 90 days of the Delivery date. Customer +must provide remote or local access to the Product if required by Rocket to +perform Product Warranty service. Rocket will repair or replace a Product not +conforming to the Product Warranty, or, at its option, refund the part of the +Product Fees paid for the Product that does not conform, and the Product License +terminates. Upon License termination, Customer will cease using and destroy the +Product. + +(b) Support Services. Rocket warrants that Support Services will be performed in +a commercially reasonable manner consistent with general industry standards that +apply to similar services. Customer must provide a written Service Warranty +claim to Rocket within 15 days after the date Rocket provided the Service. +Rocket, at its option, will re-perform Service not complying with the Service +Warranty at no additional charge, or refund the part of the Fee, if paid, for +the Service which does not comply with the Service Warranty. + +(c) Disclaimer. Product Warranty or Support Service Warranty does not cover +problems caused by (i) abuse, misuse, alteration, neglect, accident, +unauthorized repair or installation, or acts or omissions of any party other +than Rocket; (ii) electrical systems, fire or water damage, Customer's hardware, +software, networks, or systems; or (iii) Customer not using Product according to +Rocket's current published technical specifications. EXCEPT AS SET FORTH IN +SECTIONS 6(a) AND (b) ABOVE, ROCKET, ITS AFFILIATES AND LICENSORS DISCLAIM ALL +OTHER WARRANTIES, REPRESENTATIONS AND GUARANTEES, EXPRESS OR IMPLIED, ORAL OR +WRITTEN, FOR PRODUCTS OR SERVICES, THEIR USE, SUFFICIENCY, ACCURACY, +RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, OR COMPLETENESS, +STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, (i) MERCHANTABILITY, +FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR (ii) THAT SUPPORT +SERVICES OR OPERATION OF PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE, OR +OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA; (iii) +ERRORS OR DEFECTS WILL BE CORRECTED. THIS SECTION B6 DESCRIBES ROCKET'S SOLE +LIABILITY AND CUSTOMER'S SOLE REMEDY FOR A PRODUCT OR SUPPORT SERVICE WARRANTY +CLAIM. + +C. PROFESSIONAL SERVICES + +1. PROFESSIONAL SERVICES ORDER Customer will order the Professional Services it +requires as specified in Section B(1) above, which Rocket may perform remotely +or on site as appropriate. The Order Form will describe the Professional +Services and any of the following that apply: project plan, resources and +actions provided by each party, Deliverables, Fees, expenses, and payment +schedule. + +2. PROFESSIONAL SERVICES FEES AND PAYMENT + +Customer will pay to Rocket, according to each Order Form: (a) Fees for time +and Deliverables; (b) Rocket's expenses incurred with the Professional Services; +and (c) any additional fees and expenses incurred by Rocket due to changes in +the scope of Services to be provided, Customer's failure to fulfill its +obligations in a timely manner, or reassignment of personnel or rescheduling +without Rocket's fault. Professional Services Fees are due and invoiced as +Services are performed. Customer will pay Fees and expenses for all Professional +Services and Deliverables provided until the end of each Service engagement. +Rocket will itemize invoices for expenses and provide receipts if Customer +requests. All Professional Services Rocket provides are billable, regardless of +whether the Professional Services are requested by Customer to assist with a +warranty or maintenance issue, which will be addressed by Rocket's Support +Services organization. Support for third party products is provided by the third +party supplier. + +3. DELIVERABLES + +(a) Ownership. + +(i) Rocket may designate in writing Deliverables as "Type I Deliverables," "Type +II Deliverables," or otherwise as agreed. If not specified in writing, +Deliverables are Type II Deliverables. Customer's data and Confidential +Information are Customer's exclusive property in which Customer retains all +right, title and interest, and are not Deliverables even if included with +Deliverables provided by Rocket, such as in a report or dashboard. Rocket +Products are governed by separate license terms. +(ii) Type I Deliverables are Deliverables created solely for +Customer during the Professional Service performance period in which Customer +will have all right, title, and interest, including copyright. Rocket will +retain a copy of Type I Deliverables. Rocket's Intellectual Property and +Confidential Information, in which Rocket retains all right, title and interest, +are excluded from Type I Deliverables. +(iii) Type II Deliverables are Deliverables provided or created during the +Professional Services performance period, including without limitation all +preexisting materials, in which Rocket or its affiliates have all right, title, +and interest, including copyright. Rocket will provide one copy of Type II +Deliverables to Customer. + +(b) License and Use. + +(i) Rocket grants Customer a License to use and reproduce a reasonable number of +copies, and distribute internally, Type II Deliverables' object code for its own +internal business operations only, according to the Order Form. Customer will +not reverse engineer, sell, rent, sublicense or permit a third party to use or +access Type II Deliverables. Customer's ownership of Type I Deliverables and +License for Type II Deliverables are contingent upon full payment of all fees +and expenses for Professional Services. +(ii) Customer grants Rocket (1) a nonexclusive, worldwide, royalty-free right +to use and copy Customer systems, Confidential Information and data, and use any +Customer proprietary and third party products, services and materials under +Customer's license, as necessary to provide the Professional Services, and (2) +an irrevocable, nonexclusive, royalty-free right to use, reproduce, create +derivative works, sublicense and distribute, internally and to other parties, +Type I Deliverables, excluding Customer Confidential Information and Customer +data, which is Customer's exclusive property. Customer represents and warrants +that Customer information, data and third party products, services and materials +provided to Rocket will not violate any law or third party rights. +(iii) Each party will reproduce the copyright notice or other legend on any +copies made under the license and use rights granted. + +(c) Support. Rocket does not provide Support Services for Deliverables unless +Rocket, at its option, has incorporated the Deliverables in a generally +available Product, or Rocket agrees to provide Support Services for the +Deliverable in the SOW, and Customer pays fees for the Support Services. + +(d) Termination. Rocket may terminate a License by written notice (i) +immediately, if Customer infringes Rocket's or its licensors' Intellectual +Property or fails to comply with the License Terms; or (ii) if Customer +materially breaches the Agreement, subject to any specified cure period. Upon +License termination Customer must immediately destroy licensed Deliverables and, +upon Rocket's request, and so certify in writing. + +4. PERSONNEL + +On Customer premises, Rocket personnel will comply with Customer's reasonable +rules and policies provided to Rocket in writing for such matters as working +hours, holidays and Customer security measures. Rocket will determine its +personnel to perform Professional Services in its sole discretion. The parties +will resolve any Professional Services issues in good faith. If the resolution +involves reassigning personnel, Rocket will do so as soon as practical and +commercially reasonable, according to local law. Customer agrees that +reassignment may delay Professional Services or allow Rocket to terminate +Professional Services without Rocket liability. + +5. PROFESSIONAL SERVICES WARRANTY + +(a) Warranty. Rocket warrants that Professional Services will be performed in a +commercially reasonable manner consistent with industry standards. Customer must +provide a written Professional Services Warranty claim to Rocket within 15 days +after the date Rocket performs Professional Services. Rocket, at its option, +will re-perform Professional Services that do not comply with the Professional +Services Warranty at no additional charge, or if not practical and solely at +Rocket's option, credit the part of the Professional Services Fee, if paid, for +the Professional Services that do not comply with the Professional Services +Warranty. + +(b) Disclaimer. This Professional Services Warranty does not cover problems +caused by (i) abuse, misuse, alteration, enhancements, neglect, accident, +unauthorized repair or installation, or acts or omissions of, or delay by, any +party other than Rocket; or (ii) electrical systems, fire or water damage, +Customer's hardware, software, networks, or systems. DELIVERABLES ARE PROVIDED +ON AN "AS-IS" BASIS, WITHOUT WARRANTY OF ANY KIND. ROCKET, ITS AFFILIATES AND +LICENSORS DISCLAIM ALL OTHER WARRANTIES, REPRESENTATIONS AND GUARANTEES, EXPRESS +OR IMPLIED, ORAL OR WRITTEN, FOR PROFESSIONAL SERVICES AND DELIVERABLES, THEIR +USE, SUFFICIENCY, OR ACCURACY, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES +OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR +THAT PROFESSIONAL SERVICES OR DELIVERABLES WILL BE UNINTERRUPTED OR ERROR FREE. + +(c) Limitation. THE WARRANTY DESCRIBED IN THIS SECTION C5 IS ROCKET'S SOLE +LIABILITY AND CUSTOMER'S EXCLUSIVE REMEDY FOR A PROFESSIONAL SERVICES OR +DELIVERABLES CLAIM. + + +6. TERMINATION + +Either party may terminate a Professional Services engagement, in whole or in +part, with 30 days prior written notice, effective on the date specified in the +notice, however, these Terms apply for all Services and Deliverables provided +regardless of the termination date, including any Services provided for +transition or termination assistance. Rocket is not responsible for the +resulting condition of Services or Deliverables upon early termination. These +Terms govern all Order Forms until Professional Services are terminated or +completed. + +Rev January 2022 \ No newline at end of file diff --git a/src/licensedcode/data/licenses/salesforcesans-font.LICENSE b/src/licensedcode/data/licenses/salesforcesans-font.LICENSE new file mode 100644 index 00000000000..e9f23d679c3 --- /dev/null +++ b/src/licensedcode/data/licenses/salesforcesans-font.LICENSE @@ -0,0 +1,120 @@ +--- +key: salesforcesans-font +short_name: SalesforceSans Font License +name: SalesforceSans Font License +category: Proprietary Free +owner: Salesforce.com +homepage_url: https://github.com/salesforce-ux/design-system-ios/blob/master/SalesforceDesignSystem.bundle/License-for-SalesforceSans-font.txt +spdx_license_key: LicenseRef-scancode-salesforcesans-font +ignorable_copyrights: + - Copyright 2015 Salesforce.com +ignorable_holders: + - Salesforce.com +--- + +FONT LICENSE AGREEMENT + +THIS FONT LICENSE AGREEMENT (“AGREEMENT”) IS A LEGAL AGREEMENT BETWEEN YOU AND +SALESFORCE.COM, INC. (“WE”, “US”, “OUR”, AND “SALESFORCE”) THAT GOVERNS YOUR +ACQUISITION AND USE OF THE SALESFORCE SANS FONT (E.G., TYPEFACE, TYPOGRAPHIC +CHARACTERS, ALPHANUMERICS, SYMBOLS, DESIGNS, AND ORNAMENTS) AND THE RELATED +FONT FILES (E.G., TRUETYPE (TTF), WEB OPEN FONT FORMAT (WOFF,WOFF2), EMBEDDED +OPENTYPE (EOT), AND SCALABLE VECTOR GRAPHICS (SVG) FILES) (COLLECTIVELY, THE +“FONT”). BY DOWNLOADING OR USING THE FONT, YOU AGREE TO THE TERMS OF THIS +AGREEMENT. IF YOU ARE DOWNLOADING OR USING THE FONT ON BEHALF OF A COMPANY OR +OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH +ENTITY AND ITS AFFILIATES TO THIS AGREEMENT, IN WHICH CASE THE TERMS “YOU” OR +“YOUR” WILL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH +AUTHORITY, OR IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, YOU MUST +NOT DOWNLOAD OR USE THE FONT. This Agreement was last updated on August 21, +2015. It is effective between You and Us as of the date You accept this +Agreement by downloading or using the Font. + +1. License Grant +Subject to the terms of this Agreement and any other +applicable Salesforce terms, conditions, and acceptable use policies (AUPs), +We hereby grant to You a revocable, non-transferable, non-exclusive, and non- +sublicenseable limited license to, without modification, reproduce and use the +Font solely to create applications with the Salesforce Lightning Design System +that run in Salesforce or on a Salesforce platform (e.g., Lightning, Heroku, +Visualforce) (“Applications”). + +2. Restrictions +To the extent your Application contains copyright notices, +together with all other copyright notices included with each Application, You +will include the following copyright notice: “The Salesforce Sans Font is used +under license from salesforce.com, inc. Copyright 2015 Salesforce.com, Inc.” +You may not modify, adapt, translate, reverse engineer, decompile, +disassemble, or create derivative works based on the Font. You must include +the Font in an Application in a manner that does not allow a user to access +the Font outside of the Application. You will not use the Font on a +standalone basis and will only use the Font as part of the Salesforce +Lightning Design System. You must not take any action which will have the +direct or indirect effect of causing the Font to become subject to the terms +of an open source license or any similar terms. You may refer to the Font as +“Salesforce Sans”, but You may not use any other Salesforce trademark in +connection with the Font except as may be expressly agreed to by Salesforce in +writing or as set forth in other applicable Salesforce terms, conditions, and +acceptable use policies (AUPs) and in any event You must comply at all times +with the Salesforce Trademark and Copyright Usage Guidelines located at http:/ +/www2.sfdcstatic.com/assets/pdf/misc/salesforce_Trademark_Usage_Guidelines.pdf +and any other supplemental guidelines that may apply to you. You must not +license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, +time share, or otherwise commercially exploit the Font nor make the Font +available to any third party, other than as expressly permitted by this +Agreement. To the extent any Font documentation, style guides, or other +applicable Salesforce terms, conditions, and acceptable use policies (AUPs) +impose guidelines or restrictions for the use of the Font, You will abide by +those guidelines and restrictions. + +3. Ownership +Subject to the limited rights expressly granted hereunder, We +reserve all rights, title, and interest in and to the Font, including all +related intellectual property rights. No rights are granted to You hereunder +other than as expressly set forth herein. We shall have a royalty-free, +worldwide, irrevocable, perpetual license to use and incorporate into the Font +any suggestions, enhancement requests, recommendations, or other feedback +provided by You. + +4. Term and Termination +This Agreement will take effect when you download or +use the Font and will terminate upon the earlier of: (a) Your failure to +comply with any term of this Agreement or any other applicable Salesforce +terms, conditions, and acceptable use policies (AUPs); (b) return, +destruction, or deletion of all copies of the Font in your possession; or, (c) +60 days after Salesforce provides You with written notice of termination. +Salesforce’s rights and your obligations will survive the termination of this +Agreement. Upon termination of this Agreement by Salesforce, if requested by +Salesforce, you will destroy or delete all copies of the Font in your +possession and cease using the Font in all Applications. + +5. No Warranty +THE FONT IS PROVIDED “AS-IS,” EXCLUSIVE OF ANY WARRANTY +WHATSOEVER. WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION +ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, +TITLE, AND NON-INFRINGEMENT. The Font may contain bugs or errors. Any use of +the Font is at Your sole risk. You acknowledge that We may discontinue making +the Font available to You at any time in Our sole discretion. + +6. No Damages +IN NO EVENT SHALL WE HAVE ANY LIABILITY HEREUNDER TO YOU FOR +ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, +SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR DAMAGES BASED ON +LOST PROFITS, DATA OR USE, HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR +UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT YOU HAVE BEEN ADVISED OF +THE POSSIBILITY OF SUCH DAMAGES. + +7. General Provisions +You may not assign any of Your rights or obligations +hereunder, whether by operation of law or otherwise, without Our prior written +consent. This Agreement shall be governed exclusively by the internal laws of +the State of California, without regard to its conflicts of laws rules. Each +party hereby consents to the exclusive jurisdiction of the state and federal +courts located in San Francisco County, California to adjudicate any dispute +arising out of or relating to this Agreement. This Agreement constitutes the +entire agreement between the parties, and supersedes all prior and +contemporaneous agreements, proposals or representations, written or oral, +concerning its subject matter. No modification, amendment, or waiver of any +provision of this Agreement shall be effective unless in writing and either +signed or accepted electronically by the party against whom the modification, +amendment or waiver is to be asserted. \ No newline at end of file diff --git a/src/licensedcode/data/licenses/snowplow-cla-1.0.LICENSE b/src/licensedcode/data/licenses/snowplow-cla-1.0.LICENSE new file mode 100644 index 00000000000..154f9115a0a --- /dev/null +++ b/src/licensedcode/data/licenses/snowplow-cla-1.0.LICENSE @@ -0,0 +1,62 @@ +--- +key: snowplow-cla-1.0 +short_name: Snowplow Community License Agreement 1.0 +name: Snowplow Community License Agreement 1.0 +category: Proprietary Free +owner: Snowplow +homepage_url: https://docs.snowplow.io/community-license-1.0/ +spdx_license_key: LicenseRef-scancode-snowplow-cla-1.0 +text_urls: + - https://github.com/snowplow/snowbridge/blob/7cda9fb263232b0e0736dedab2b85132ac682865/LICENCE.md +ignorable_urls: + - https://docs.snowplow.io/community-license-1.0 +--- + +Snowplow Community License Agreement + +Version 1.0, January 2023 + +This Snowplow Community License Agreement, Version 1.0 (the “Agreement”) sets forth the terms on which Snowplow Analytics, Ltd. (“Snowplow”) makes available certain software made available by Snowplow under this Agreement (the “Software”). BY INSTALLING, DOWNLOADING, ACCESSING, OR USING ANY OF THE SOFTWARE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO SUCH TERMS AND CONDITIONS, YOU MUST NOT USE THE SOFTWARE. IF YOU ARE RECEIVING 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. “Licensee” means you, an individual, or the entity on whose behalf you are receiving the Software. +LICENSE GRANT AND CONDITIONS + +1.1 License. Subject to the terms and conditions of this Agreement, Snowplow hereby grants to Licensee a non-exclusive, royalty-free, worldwide, non-transferable, non-sublicenseable license during the term of this Agreement to: (a) use the Software; (b) prepare modifications and derivative works of the Software; and (c) reproduce copies of the Software (the “License”). No right to distribute or make available the Software is granted under this License. Licensee is not granted the right to, and Licensee shall not, exercise the License for an Excluded Purpose. For purposes of this Agreement, “Excluded Purpose” means making available any on-premises or distributed software product, software-as-a-service, platform-as-a-service, infrastructure-as-a-service, or other similar online service, that competes with any products or services that Snowplow or any of its affiliates provides using the Software. + +1.2 Conditions. In consideration of the License, Licensee’s distribution of the Software is subject to the following conditions: + + a. Licensee must cause any Software modified by Licensee to carry prominent notices stating that Licensee modified the Software. + + b. On each Software copy, Licensee shall reproduce and not remove or alter all Snowplow or third party copyright or other proprietary notices contained in the Software, and Licensee must include the notice below on each copy. + + This software is made available by Snowplow Analytics, Ltd., + under the terms of the Snowplow Community License Agreement, Version 1.0 + located at https://docs.snowplow.io/community-license-1.0 + BY INSTALLING, DOWNLOADING, ACCESSING, USING OR DISTRIBUTING ANY OF THE SOFTWARE, + YOU AGREE TO THE TERMS OF SUCH LICENSE AGREEMENT. + +1.3 Licensee Modifications. Licensee may add its own copyright notices to modifications made by Licensee. + +1.4 No Sublicensing. The License does not include the right to sublicense the Software, however, each recipient to which Licensee provides the Software may exercise the Licenses so long as such recipient agrees to the terms and conditions of this Agreement. + +TERM AND TERMINATION + +This Agreement will continue unless and until earlier terminated as set forth herein. If Licensee breaches any of its conditions or obligations under this Agreement, this Agreement will terminate automatically and the License will terminate automatically and permanently. + +INTELLECTUAL PROPERTY + +As between the parties, Snowplow will retain all right, title, and interest in the Software, and all intellectual property rights therein. Snowplow hereby reserves all rights not expressly granted to Licensee in this Agreement. Snowplow hereby reserves all rights in its trademarks and service marks, and no licenses therein are granted in this Agreement. + +DISCLAIMER + +SNOWPLOW HEREBY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE. + +LIMITATION OF LIABILITY + +SNOWPLOW WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOST PROFITS OR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR DIRECT DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, ARISING OUT OF THIS AGREEMENT. THE FOREGOING SHALL APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. + +GENERAL + +6.1 Governing Law. This Agreement will be governed by and interpreted in accordance with the laws of the state of Delaware, without reference to its conflict of laws principles. If Licensee is located within the United States, all disputes arising out of this Agreement are subject to the exclusive jurisdiction of courts located in Delaware, USA. If Licensee is located outside of the United States, any dispute, controversy or claim arising out of or relating to this Agreement will be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. The tribunal will consist of one arbitrator. The place of arbitration will be in the State of Delaware, USA. The language to be used in the arbitral proceedings will be English. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. + +6.2. Assignment. Licensee is not authorized to assign its rights under this Agreement to any third party. Snowplow may freely assign its rights under this Agreement to any third party. + +6.3. Other. This Agreement is the entire agreement between the parties regarding the subject matter hereof. No amendment or modification of this Agreement will be valid or binding upon the parties unless made in writing and signed by the duly authorized representatives of both parties. In the event that any provision, including without limitation any condition, of this Agreement is held to be unenforceable, this Agreement and all licenses and rights granted hereunder will immediately terminate. Waiver by Snowplow of a breach of any provision of this Agreement or the failure by Snowplow to exercise any right hereunder will not be construed as a waiver of any subsequent breach of that right or as a waiver of any other right. \ No newline at end of file diff --git a/src/licensedcode/data/licenses/snowplow-lula-1.0.LICENSE b/src/licensedcode/data/licenses/snowplow-lula-1.0.LICENSE new file mode 100644 index 00000000000..92ee7b3d8da --- /dev/null +++ b/src/licensedcode/data/licenses/snowplow-lula-1.0.LICENSE @@ -0,0 +1,68 @@ +--- +key: snowplow-lula-1.0 +short_name: Snowplow Limited Use License 1.0 +name: Snowplow Limited Use License Agreement 1.0 +category: Proprietary Free +owner: Snowplow +homepage_url: https://docs.snowplow.io/limited-use-license-1.0/ +spdx_license_key: LicenseRef-scancode-snowplow-lula-1.0 +text_urls: + - https://github.com/snowplow/snowbridge/blob/b72cd4a85e027bba39c8e924a5e9a94c6ff79836/LICENSE.md +ignorable_urls: + - https://docs.snowplow.io/limited-use-license-1.0 +--- + +Snowplow Limited Use License Agreement + +Version 1.0, January 2024 + +This Snowplow Limited Use License Agreement, Version 1.0 (the “Agreement”) sets forth the terms on which Snowplow Analytics, Ltd. (“Snowplow”) makes available certain software (the “Software”). BY INSTALLING, DOWNLOADING, ACCESSING, OR USING ANY OF THE SOFTWARE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO SUCH TERMS AND CONDITIONS, YOU MUST NOT USE THE SOFTWARE. IF YOU ARE RECEIVING 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. “Licensee” means you, an individual, or the entity on whose behalf you are receiving the Software. +LICENSE GRANT AND CONDITIONS + +1.1 License. Subject to the terms and conditions of this Agreement, Snowplow hereby grants to Licensee a non-exclusive, royalty-free, worldwide, non-transferable, non-sublicensable license during the term of this Agreement to: (a) use the Software; (b) prepare modifications and derivative works of the Software; and (c) reproduce copies of the Software (the “License”). No right to distribute or make available the Software is granted under this License. Licensee is not granted the right to, and Licensee shall not, exercise the License for any Excluded Purpose. + +1.2 For purposes of this Agreement, an “Excluded Purpose” is any use that is either a Competing Use or a Highly-Available Production Use, or both of them. + + 1.2.1 A “Competing Use” is making available any on-premises or distributed software product, or any software-as-a-service, platform-as-a-service, infrastructure-as-a-service, or other similar online service, that competes with any products or services that Snowplow or any of its affiliates provides using the Software. + + 1.2.2 Highly-Available Production Use is any highly-available use, including without limitation any use where multiple instances of any Software component run concurrently to avoid a single point of failure, in a production environment, where production means use on live data. + +1.3 Conditions. In consideration of the License, Licensee’s use of the Software is subject to the following conditions: + + a. Licensee must cause any Software modified by Licensee to carry prominent notices stating that Licensee modified the Software. + + b. On each Software copy, Licensee shall reproduce and not remove or alter all Snowplow or third party copyright or other proprietary notices contained in the Software, and Licensee must include the notice below on each copy. + + This software is made available by Snowplow Analytics, Ltd., + under the terms of the Snowplow Limited Use License Agreement, Version 1.0 + located at https://docs.snowplow.io/limited-use-license-1.0 + BY INSTALLING, DOWNLOADING, ACCESSING, USING OR DISTRIBUTING ANY PORTION + OF THE SOFTWARE, YOU AGREE TO THE TERMS OF SUCH LICENSE AGREEMENT. + +1.4 Licensee Modifications. Licensee may add its own copyright notices to modifications made by Licensee. + +1.5 No Sublicensing. The License does not include the right to sublicense the Software, however, each recipient to which Licensee provides the Software may exercise the Licenses so long as such recipient agrees to the terms and conditions of this Agreement. + +TERM AND TERMINATION + +This Agreement will continue unless and until earlier terminated as set forth herein. If Licensee breaches any of its conditions or obligations under this Agreement, this Agreement will terminate automatically and the License will terminate automatically and permanently. + +INTELLECTUAL PROPERTY + +As between the parties, Snowplow will retain all right, title, and interest in the Software, and all intellectual property rights therein. Snowplow hereby reserves all rights not expressly granted to Licensee in this Agreement. Snowplow hereby reserves all rights in its trademarks and service marks, and no licenses therein are granted in this Agreement. + +DISCLAIMER + +SNOWPLOW HEREBY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE. + +LIMITATION OF LIABILITY + +SNOWPLOW WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR DIRECT DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, ARISING OUT OF THIS AGREEMENT. THE FOREGOING SHALL APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. + +GENERAL + +6.1 Governing Law. This Agreement will be governed by and interpreted in accordance with the laws of the state of Delaware, without reference to its conflict of laws principles. If Licensee is located within the United States, all disputes arising out of this Agreement are subject to the exclusive jurisdiction of courts located in Delaware, USA. If Licensee is located outside of the United States, any dispute, controversy or claim arising out of or relating to this Agreement will be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. The tribunal will consist of one arbitrator. The place of arbitration will be in the State of Delaware, USA. The language to be used in the arbitral proceedings will be English. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. + +6.2. Assignment. Licensee is not authorized to assign its rights under this Agreement to any third party. Snowplow may freely assign its rights under this Agreement to any third party. + +6.3. Other. This Agreement is the entire agreement between the parties regarding the subject matter hereof. No amendment or modification of this Agreement will be valid or binding upon the parties unless made in writing and signed by the duly authorized representatives of both parties. In the event that any provision, including without limitation any condition, of this Agreement is held to be unenforceable, this Agreement and all licenses and rights granted hereunder will immediately terminate. Waiver by Snowplow of a breach of any provision of this Agreement or the failure by Snowplow to exercise any right hereunder will not be construed as a waiver of any subsequent breach of that right or as a waiver of any other right. \ No newline at end of file diff --git a/src/licensedcode/data/licenses/snowplow-person-academic-1.0.LICENSE b/src/licensedcode/data/licenses/snowplow-person-academic-1.0.LICENSE new file mode 100644 index 00000000000..13c41398f91 --- /dev/null +++ b/src/licensedcode/data/licenses/snowplow-person-academic-1.0.LICENSE @@ -0,0 +1,67 @@ +--- +key: snowplow-person-academic-1.0 +short_name: Snowplow Personal-Academic License 1.0 +name: Snowplow Personal & Academic License Agreement 1.0 +category: Proprietary Free +owner: Snowplow +homepage_url: https://github.com/snowplow/dbt-snowplow-normalize/blob/main/LICENSE +spdx_license_key: LicenseRef-scancode-snowplow-person-academic-1.0 +--- + +# Snowplow Personal & Academic License Agreement + +_Version 1.0, September 2023_ + +## Acceptance + +In order to get any license under these terms, you must agree to them as both strict obligations and conditions to all your licenses. + +## Copyright License + +The licensor grants you a copyright license for the software to do everything you might do with the software that would otherwise infringe the licensor's copyright in it, but only for any non-commercial purpose. + +Non-commercial purposes include only: + +* Personal use for research, experiment, personal study, or hobby projects, without any anticipated commercial application. +* Use for teaching purposes by lecturers of a school or university. +* Use to evaluate the sufficiency of the software for the commercial needs of you or your company. + +## Notices + +You must ensure that anyone who gets a copy of any part of the software from you also gets a copy of these terms or the URL for them above. + +## Patent License + +The licensor grants you a patent license for the software that covers patent claims the licensor can license, or becomes able to license, that you would infringe by using the software for a non-commercial purpose. + +## Fair Use + +You may have "fair use" rights for the software under the law. These terms do not limit them. + +## No Other Rights + +These terms do not allow you to sublicense or transfer any of your licenses to anyone else, or prevent the licensor from granting licenses to anyone else. These terms do not imply any other licenses. + +## Patent Defense + +If you make any written claim that the software infringes or contributes to infringement of any patent, your patent license for the software granted under these terms ends immediately. If your company makes such a claim, your patent license ends immediately for work on behalf of your company. + +## Violations + +The first time you are notified in writing that you have violated any of these terms, or done anything with the software not covered by your licenses, your licenses can nonetheless continue if you come into full compliance with these terms, and take practical steps to correct past violations, within 32 days of receiving notice. Otherwise, all your licenses end immediately. + +## No Liability + +**As far as the law allows, the software comes as is, without any warranty or condition, and the licensor will not be liable to you for any damages arising out of these terms or the use or nature of the software, under any kind of legal claim.** + +## Definitions + +The **licensor** is the individual or entity offering these terms, and the **software** is the software the licensor makes available under these terms. + +**You** refers to the individual or entity agreeing to these terms. + +**Your company** is any legal entity, sole proprietorship, or other kind of organization that you work for, plus all organizations that have control over, are under the control of, or are under common control with that organization. **Control** means ownership of substantially all the assets of an entity, or the power to direct its management and policies by vote, contract, or otherwise. Control can be direct or indirect. + +**Your licenses** are all the licenses granted to you for the software under these terms. + +**Use** means anything you do with the software requiring one of your licenses. \ No newline at end of file