diff --git a/LICENSE.txt b/LICENSE.txt index 471864a1d89..b758be23b07 100644 --- a/LICENSE.txt +++ b/LICENSE.txt @@ -1,154 +1,109 @@ -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. - - POSITRON - - Copyright (C) 2022-2024 Posit Software, PBC. All rights reserved. - - - SOFTWARE EVALUATION LICENSE AGREEMENT - -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. - -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. - -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. - -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. - -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. - -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. - -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. - -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. - -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. - -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. - -10. Related Software. You are responsible for providing any commercially -available software, equipment or services that are required to operate the -Software. - -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. + +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. + + +Elastic License 2.0 + +Acceptance + +By using the software, you agree to all of the terms and conditions below. + + +Copyright License + +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. + + +Limitations + +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. + +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. + +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. + + +Patents + +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. + + +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. + +If you modify the software, you must include in any modified copies of the +software prominent notices stating that you have modified the software. + + +No Other Rights + +These terms do not imply any licenses other than those expressly granted in +these terms. + + +Termination + +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. + + +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 entity offering these terms, and the 'software' is the +software the licensor makes available under these terms, including any portion +of it. + +'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. + +'trademark' means trademarks, service marks, and similar rights.