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Set Positron's license as Elastic 2.0 (#3552)
Establishes Positron source code and distributions under the Elastic License 2.0.
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| BEFORE DOWNLOADING OR USING POSITRON, YOU SHOULD CAREFULLY READ THE FOLLOWING | ||
| LICENSE AGREEMENT THAT APPLIES TO YOUR USE OF THE SOFTWARE. DOWNLOADING OR | ||
| USING POSITRON ESTABLISHES A BINDING AGREEMENT BETWEEN YOU AS THE PERSON | ||
| ACQUIRING THE SOFTWARE ("YOU") AND POSIT SOFTWARE, PBC, ("LICENSOR"). | ||
| ACCEPTANCE OF THIS LICENSE AGREEMENT IS REQUIRED AS A CONDITION TO PROCEEDING | ||
| WITH THE DOWNLOAD OR USE OF THE SOFTWARE. | ||
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| POSITRON | ||
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| Copyright (C) 2022-2024 Posit Software, PBC. All rights reserved. | ||
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| SOFTWARE EVALUATION LICENSE AGREEMENT | ||
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| This Software Evaluation License Agreement ("Agreement") is by and between | ||
| Posit Software, PBC, ("Licensor") and you. This Agreement contemplates the | ||
| licensing for evaluation purposes only of a beta version of a software product | ||
| developed by Licensor and referred to as "Positron" that has not been generally | ||
| released for commercial use. Licensor is willing to provide a copy of such | ||
| software product and related documentation to you for the sole purpose of | ||
| permitting you to conduct an evaluation thereof on the terms and conditions set | ||
| forth in this Agreement. | ||
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| 1. License to Use. Licensor grants you a non-exclusive and non-transferable | ||
| license (the "License") to use Positron and its accompanying documentation in | ||
| machine readable form (collectively, the "Software") on a single computer | ||
| system. The License governs any releases, revisions or enhancements to the | ||
| Software which Licensor may furnish to you. | ||
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| 2. Restrictions. The Software is copyrighted and contains proprietary | ||
| information and trade secrets belonging to Licensor or its licensors. Title to | ||
| the Software and all copies thereof is retained by Licensor or its licensors. | ||
| You will not use the Software except for non-revenue generating, testing | ||
| purposes only (the "evaluation purpose") on your own internal computer | ||
| networks. You may make copies of the Software in connection with the | ||
| evaluation purpose. You may print copies of the electronic documentation | ||
| solely for your internal use in connection with the evaluation purpose. You | ||
| will reproduce all proprietary rights notices on these copies. You may not | ||
| modify, decompile, disassemble, decrypt, extract, or otherwise reverse engineer | ||
| the Software, or create derivative works based upon all or part of the | ||
| Software. You may not transfer, lease, assign, make available for timesharing, | ||
| or sublicense, in whole or in part, the Software. Neither Licensor nor its | ||
| licensors grant any license or title to any trademarks or trade names under | ||
| this Agreement. | ||
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| 3. Exclusion of Warranty. You expressly acknowledge that the Software may | ||
| have defects or deficiencies which cannot or may not be corrected by Licensor. | ||
| The Software is provided "AS IS" without any warranty of any kind. LICENSOR | ||
| DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING ANY | ||
| IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE | ||
| OR NONINFRINGEMENT. The Licensor takes no responsibility for the effects of | ||
| the installation or operation of the Software on your software, hardware, | ||
| network or related equipment. | ||
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| 4. Evaluation Support. You will install and use the Software in accordance | ||
| with the specifications provided by Licensor. You agree to cooperate and | ||
| consult with Licensor in your evaluation of the Software, including your | ||
| evaluation of its features, performance, functionality and useability. You | ||
| will make reasonable efforts to provide oral or written evaluations of the | ||
| Software to Licensor. You hereby assign and will assign to Licensor all rights | ||
| and title in the evaluations and the subject matter of the evaluations, | ||
| including, but not limited to, all intellectual property rights in or covering | ||
| the evaluations and the subject matter of the evaluations. You understand | ||
| that you are exclusively responsible for the supervision, management and | ||
| control of your computer systems and network and the use of the Software, | ||
| including but not limited to: (a) assuring proper machine configuration, | ||
| program installation, audit controls and operating methods, (b) establishing | ||
| adequate backup plans, (c) implementing sufficient procedures to satisfy your | ||
| requirements for security and accuracy of input and output as well as restart | ||
| and recovery in the event of a malfunction; and (d) detecting unauthorized | ||
| access and viruses and preventing any loss or damage to data or other software. | ||
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| 5. Confidentiality. You agree that you will not (a) disclose the Software or | ||
| any information relating to the Software including without limitation any | ||
| ideas, techniques and concepts contained in or relating to the Software, or | ||
| any of the evaluations, to any third party without the prior written consent | ||
| of Licensor, (b) copy the Software or any portion thereof beyond what is | ||
| explicitly permitted by this Agreement, or (c) use the Software for any | ||
| purpose except for the evaluation purpose. You agree to hold the Software in | ||
| confidence, to maintain the Software in a secure environment and take all | ||
| reasonable precautions to maintain security in order to prevent unauthorized | ||
| use or disclosure. You will inform your employees having access to the | ||
| Software of your limitations, duties and obligations regarding nondisclosure | ||
| and copying of the Software. Prior to disposing of any media, you will erase | ||
| or otherwise destroy the Software contained on that media. In addition, you | ||
| may not disclose to any third party the terms of this Agreement without the | ||
| prior written consent of Licensor. | ||
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| 6. Limitation of Liability. LICENSOR AND YOU AGREE THAT LICENSOR WOULD NOT | ||
| PROVIDE THE SOFTWARE WITHOUT INCLUSION OF THIS SECTION 6. IN NO EVENT WILL | ||
| LICENSOR OR ITS LICENSORS BE LIABLE FOR ANY DAMAGES INCLUDING WITHOUT | ||
| LIMITATION ANY LOST REVENUE, PROFIT, DATA, OR OTHER SOFTWARE OR ANY DIRECT, | ||
| INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER | ||
| CAUSED AND REGARDLESS OF THEORY OF LIABILITY (INCLUDING NEGLIGENCE) ARISING | ||
| OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF LICENSOR KNOWS OR HAS | ||
| BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. You acknowledge that: | ||
| (a) other than Licensor and you, no party has obligations under this Agreement; | ||
| (b) during and after the term of this Agreement, you may not seek any remedy | ||
| for any obligations or breaches under this Agreement from any party other than | ||
| Licensor; and (c) you may not sue or seek any remedy on any cause of action | ||
| relating to any Software or the rights in any Software from any party other | ||
| than Licensor. | ||
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| 7. Termination. The License is effective until terminated by either party or | ||
| at the end of the evaluation period, whichever occurs first. You may terminate | ||
| the License at any time by destroying all copies of the Software including | ||
| associated documentation. The License will terminate immediately, without | ||
| prior notice from Licensor, if you fail to comply with any provision of this | ||
| Agreement. Licensor may also terminate the License upon written notice to you. | ||
| Upon termination, you must destroy all copies of the Software. | ||
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| 8. Export Regulations. The Software, including technical data, is subject to | ||
| U.S. export control laws, including the U.S. Export Administration Act and its | ||
| associated regulations, and may be subject to export or import regulations in | ||
| other countries. You agree to comply strictly with all those regulations and | ||
| acknowledge your responsibility to obtain all necessary and appropriate | ||
| licenses to export, re-export or import the Software. | ||
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| 9. No Further Commitment. Nothing in this Agreement, including without | ||
| limitation the provision of the License, implies that you have any rights in | ||
| any commercially issued software produced by Licensor, including without | ||
| limitation a commercial variation or release of the Software. In the event | ||
| that you and Licensor are able to reach an agreement on the terms and | ||
| conditions of a license for the Software (or a version thereof) when it is made | ||
| commercially available by Licensor, such license will be subject to the terms | ||
| and conditions of that agreement. | ||
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| 10. Related Software. You are responsible for providing any commercially | ||
| available software, equipment or services that are required to operate the | ||
| Software. | ||
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| 11. Miscellaneous. This Agreement and your use of the Software is governed | ||
| under the laws of the Commonwealth of Massachusetts, U.S.A., excluding its | ||
| choice of law provisions. You and Licensor agree to submit to the exclusive | ||
| jurisdiction of the federal and state courts in the Commonwealth of | ||
| Massachusetts. The provisions of this Agreement regarding confidentiality, | ||
| disclaimer of warranty, limitation of liability, and all other provisions | ||
| which, as indicated by their sense and content, are intended to survive and | ||
| will survive any termination of this Agreement or the evaluation. This | ||
| Agreement is the entire agreement between you and Licensor relating to the | ||
| Software and: (i) supersedes all prior or contemporaneous oral or written | ||
| communications, proposals, and representations with respect to its subject | ||
| matter; and (ii) prevails over any conflicting or additional terms of any | ||
| quote, order, acknowledgment, or similar communication between the parties. | ||
| If any provision of this Agreement is held invalid, all other provisions will | ||
| remain valid. No modification to this Agreement is binding, unless in writing | ||
| and signed by a duly authorized representative of each party. All of | ||
| Licensor's licensors are direct and intended third-party beneficiaries of this | ||
| Agreement and may enforce it against you. This Agreement and the License | ||
| granted hereunder may not be assigned or in any way transferred by you without | ||
| the prior written consent of Licensor. Any attempted assignment, delegation or | ||
| transfer in violation hereof shall be null and void. Subject to the foregoing, | ||
| this Agreement shall be binding on the parties and their successors and | ||
| assigns. | ||
| POSITRON - Copyright (C) 2022-2024 Posit Software, PBC. All rights reserved. | ||
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| BEFORE DOWNLOADING OR USING POSITRON (THE “SOFTWARE”), YOU SHOULD CAREFULLY | ||
| READ THE FOLLOWING LICENSE AGREEMENT THAT APPLIES TO YOUR USE OF THE SOFTWARE. | ||
| DOWNLOADING OR USING POSITRON ESTABLISHES A BINDING AGREEMENT BETWEEN POSIT | ||
| SOFTWARE, PBC ("LICENSOR") AND YOU (INCLUDING YOUR COMPANY, IF APPLICABLE). | ||
| YOUR ACCEPTANCE OF THIS LICENSE AGREEMENT IS REQUIRED AS A CONDITION TO | ||
| PROCEEDING WITH YOUR DOWNLOAD OR USE OF THE SOFTWARE. | ||
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| Elastic License 2.0 | ||
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| Acceptance | ||
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| By using the software, you agree to all of the terms and conditions below. | ||
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| Copyright License | ||
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| The licensor grants you a non-exclusive, royalty-free, worldwide, | ||
| non-sublicensable, non-transferable license to use, copy, distribute, make | ||
| available, and prepare derivative works of the software, in each case subject to | ||
| the limitations and conditions below. | ||
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| Limitations | ||
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| You may not provide the software to third parties as a hosted or managed | ||
| service, where the service provides users with access to any substantial set of | ||
| the features or functionality of the software. | ||
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| You may not move, change, disable, or circumvent the license key functionality | ||
| in the software, and you may not remove or obscure any functionality in the | ||
| software that is protected by the license key. | ||
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| You may not alter, remove, or obscure any licensing, copyright, or other notices | ||
| of the licensor in the software. Any use of the licensor’s trademarks is subject | ||
| to applicable law. | ||
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| Patents | ||
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| The licensor grants you a license, under any patent claims the licensor can | ||
| license, or becomes able to license, to make, have made, use, sell, offer for | ||
| sale, import and have imported the software, in each case subject to the | ||
| limitations and conditions in this license. This license does not cover any | ||
| patent claims that you cause to be infringed by modifications or additions to | ||
| the software. If you or your company 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. | ||
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| Notices | ||
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| You must ensure that anyone who gets a copy of any part of the software from you | ||
| also gets a copy of these terms. | ||
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| If you modify the software, you must include in any modified copies of the | ||
| software prominent notices stating that you have modified the software. | ||
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| No Other Rights | ||
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| These terms do not imply any licenses other than those expressly granted in | ||
| these terms. | ||
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| Termination | ||
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| If you use the software in violation of these terms, such use is not licensed, | ||
| and your licenses will automatically terminate. If the licensor provides you | ||
| with a notice of your violation, and you cease all violation of this license no | ||
| later than 30 days after you receive that notice, your licenses will be | ||
| reinstated retroactively. However, if you violate these terms after such | ||
| reinstatement, any additional violation of these terms will cause your licenses | ||
| to terminate automatically and permanently. | ||
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| No Liability | ||
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| 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. | ||
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| Definitions | ||
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| The 'licensor' is the entity offering these terms, and the 'software' is the | ||
| software the licensor makes available under these terms, including any portion | ||
| of it. | ||
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| 'you' refers to the individual or entity agreeing to these terms. | ||
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| '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. | ||
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| 'your licenses' are all the licenses granted to you for the software under | ||
| these terms. | ||
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| 'use' means anything you do with the software requiring one of your licenses. | ||
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| 'trademark' means trademarks, service marks, and similar rights. |