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1 ELASTIC LICENSE AGREEMENT
3 PLEASE READ CAREFULLY THIS ELASTIC LICENSE AGREEMENT (THIS "AGREEMENT"), WHICH
4 CONSTITUTES A LEGALLY BINDING AGREEMENT AND GOVERNS ALL OF YOUR USE OF ALL OF
5 THE ELASTIC SOFTWARE WITH WHICH THIS AGREEMENT IS INCLUDED ("ELASTIC SOFTWARE")
6 THAT IS PROVIDED IN OBJECT CODE FORMAT, AND, IN ACCORDANCE WITH SECTION 2 BELOW,
7 CERTAIN OF THE ELASTIC SOFTWARE THAT IS PROVIDED IN SOURCE CODE FORMAT. BY
8 INSTALLING OR USING ANY OF THE ELASTIC SOFTWARE GOVERNED BY THIS AGREEMENT, YOU
9 ARE ASSENTING TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE
10 WITH SUCH TERMS AND CONDITIONS, YOU MAY NOT INSTALL OR USE THE ELASTIC SOFTWARE
11 GOVERNED BY THIS AGREEMENT. IF YOU ARE INSTALLING OR USING THE SOFTWARE ON
12 BEHALF OF A LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE ACTUAL
13 AUTHORITY TO AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT ON BEHALF OF
14 SUCH ENTITY.
16 Posted Date: April 20, 2018
18 This Agreement is entered into by and between Elasticsearch BV ("Elastic") and
19 You, or the legal entity on behalf of whom You are acting (as applicable,
22 1. OBJECT CODE END USER LICENSES, RESTRICTIONS AND THIRD PARTY OPEN SOURCE
25 1.1 Object Code End User License. Subject to the terms and conditions of
26 Section 1.2 of this Agreement, Elastic hereby grants to You, AT NO CHARGE and
27 for so long as you are not in breach of any provision of this Agreement, a
28 License to the Basic Features and Functions of the Elastic Software.
30 1.2 Reservation of Rights; Restrictions. As between Elastic and You, Elastic
31 and its licensors own all right, title and interest in and to the Elastic
32 Software, and except as expressly set forth in Sections 1.1, and 2.1 of this
33 Agreement, no other license to the Elastic Software is granted to You under
34 this Agreement, by implication, estoppel or otherwise. You agree not to: (i)
35 reverse engineer or decompile, decrypt, disassemble or otherwise reduce any
36 Elastic Software provided to You in Object Code, or any portion thereof, to
37 Source Code, except and only to the extent any such restriction is prohibited
38 by applicable law, (ii) except as expressly permitted in this Agreement,
39 prepare derivative works from, modify, copy or use the Elastic Software Object
40 Code or the Commercial Software Source Code in any manner; (iii) except as
41 expressly permitted in Section 1.1 above, transfer, sell, rent, lease,
42 distribute, sublicense, loan or otherwise transfer, Elastic Software Object
43 Code, in whole or in part, to any third party; (iv) use Elastic Software
44 Object Code for providing time-sharing services, any software-as-a-service,
45 service bureau services or as part of an application services provider or
46 other service offering (collectively, "SaaS Offering") where obtaining access
47 to the Elastic Software or the features and functions of the Elastic Software
48 is a primary reason or substantial motivation for users of the SaaS Offering
49 to access and/or use the SaaS Offering ("Prohibited SaaS Offering"); (v)
50 circumvent the limitations on use of Elastic Software provided to You in
51 Object Code format that are imposed or preserved by any License Key, or (vi)
52 alter or remove any Marks and Notices in the Elastic Software. If You have any
53 question as to whether a specific SaaS Offering constitutes a Prohibited SaaS
54 Offering, or are interested in obtaining Elastic's permission to engage in
55 commercial or non-commercial distribution of the Elastic Software, please
56 contact firstname.lastname@example.org.
58 1.3 Third Party Open Source Software. The Commercial Software may contain or
59 be provided with third party open source libraries, components, utilities and
60 other open source software (collectively, "Open Source Software"), which Open
61 Source Software may have applicable license terms as identified on a website
62 designated by Elastic. Notwithstanding anything to the contrary herein, use of
63 the Open Source Software shall be subject to the license terms and conditions
64 applicable to such Open Source Software, to the extent required by the
65 applicable licensor (which terms shall not restrict the license rights granted
66 to You hereunder, but may contain additional rights). To the extent any
67 condition of this Agreement conflicts with any license to the Open Source
68 Software, the Open Source Software license will govern with respect to such
69 Open Source Software only. Elastic may also separately provide you with
70 certain open source software that is licensed by Elastic. Your use of such
71 Elastic open source software will not be governed by this Agreement, but by
72 the applicable open source license terms.
74 2. COMMERCIAL SOFTWARE SOURCE CODE
76 2.1 Limited License. Subject to the terms and conditions of Section 2.2 of
77 this Agreement, Elastic hereby grants to You, AT NO CHARGE and for so long as
78 you are not in breach of any provision of this Agreement, a limited,
79 non-exclusive, non-transferable, fully paid up royalty free right and license
80 to the Commercial Software in Source Code format, without the right to grant
81 or authorize sublicenses, to prepare Derivative Works of the Commercial
82 Software, provided You (i) do not hack the licensing mechanism, or otherwise
83 circumvent the intended limitations on the use of Elastic Software to enable
84 features other than Basic Features and Functions or those features You are
85 entitled to as part of a Subscription, and (ii) use the resulting object code
86 only for reasonable testing purposes.
88 2.2 Restrictions. Nothing in Section 2.1 grants You the right to (i) use the
89 Commercial Software Source Code other than in accordance with Section 2.1
90 above, (ii) use a Derivative Work of the Commercial Software outside of a
91 Non-production Environment, in any production capacity, on a temporary or
92 permanent basis, or (iii) transfer, sell, rent, lease, distribute, sublicense,
93 loan or otherwise make available the Commercial Software Source Code, in whole
94 or in part, to any third party. Notwithstanding the foregoing, You may
95 maintain a copy of the repository in which the Source Code of the Commercial
96 Software resides and that copy may be publicly accessible, provided that you
97 include this Agreement with Your copy of the repository.
99 3. TERMINATION
101 3.1 Termination. This Agreement will automatically terminate, whether or not
102 You receive notice of such Termination from Elastic, if You breach any of its
105 3.2 Post Termination. Upon any termination of this Agreement, for any reason,
106 You shall promptly cease the use of the Elastic Software in Object Code format
107 and cease use of the Commercial Software in Source Code format. For the
108 avoidance of doubt, termination of this Agreement will not affect Your right
109 to use Elastic Software, in either Object Code or Source Code formats, made
110 available under the Apache License Version 2.0.
112 3.3 Survival. Sections 1.2, 2.2. 3.3, 4 and 5 shall survive any termination or
113 expiration of this Agreement.
115 4. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
117 4.1 Disclaimer of Warranties. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE
118 LAW, THE ELASTIC SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND,
119 AND ELASTIC AND ITS LICENSORS MAKE NO WARRANTIES WHETHER EXPRESSED, IMPLIED OR
120 STATUTORY REGARDING OR RELATING TO THE ELASTIC SOFTWARE. TO THE MAXIMUM EXTENT
121 PERMITTED UNDER APPLICABLE LAW, ELASTIC AND ITS LICENSORS SPECIFICALLY
122 DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
123 PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE ELASTIC SOFTWARE, AND WITH
124 RESPECT TO THE USE OF THE FOREGOING. FURTHER, ELASTIC DOES NOT WARRANT RESULTS
125 OF USE OR THAT THE ELASTIC SOFTWARE WILL BE ERROR FREE OR THAT THE USE OF THE
126 ELASTIC SOFTWARE WILL BE UNINTERRUPTED.
128 4.2 Limitation of Liability. IN NO EVENT SHALL ELASTIC OR ITS LICENSORS BE
129 LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT OR INDIRECT DAMAGES,
130 INCLUDING, WITHOUT LIMITATION, FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS
131 INTERRUPTION, LOSS OF DATA, COST OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY
132 SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, IN CONNECTION WITH
133 OR ARISING OUT OF THE USE OR INABILITY TO USE THE ELASTIC SOFTWARE, OR THE
134 PERFORMANCE OF OR FAILURE TO PERFORM THIS AGREEMENT, WHETHER ALLEGED AS A
135 BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN IF ELASTIC
136 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
138 5. MISCELLANEOUS
140 This Agreement completely and exclusively states the entire agreement of the
141 parties regarding the subject matter herein, and it supersedes, and its terms
142 govern, all prior proposals, agreements, or other communications between the
143 parties, oral or written, regarding such subject matter. This Agreement may be
144 modified by Elastic from time to time, and any such modifications will be
145 effective upon the "Posted Date" set forth at the top of the modified
146 Agreement. If any provision hereof is held unenforceable, this Agreement will
147 continue without said provision and be interpreted to reflect the original
148 intent of the parties. This Agreement and any non-contractual obligation
149 arising out of or in connection with it, is governed exclusively by Dutch law.
150 This Agreement shall not be governed by the 1980 UN Convention on Contracts
151 for the International Sale of Goods. All disputes arising out of or in
152 connection with this Agreement, including its existence and validity, shall be
153 resolved by the courts with jurisdiction in Amsterdam, The Netherlands, except
154 where mandatory law provides for the courts at another location in The
155 Netherlands to have jurisdiction. The parties hereby irrevocably waive any and
156 all claims and defenses either might otherwise have in any such action or
157 proceeding in any of such courts based upon any alleged lack of personal
158 jurisdiction, improper venue, forum non conveniens or any similar claim or
159 defense. A breach or threatened breach, by You of Section 2 may cause
160 irreparable harm for which damages at law may not provide adequate relief, and
161 therefore Elastic shall be entitled to seek injunctive relief without being
162 required to post a bond. You may not assign this Agreement (including by
163 operation of law in connection with a merger or acquisition), in whole or in
164 part to any third party without the prior written consent of Elastic, which
165 may be withheld or granted by Elastic in its sole and absolute discretion.
166 Any assignment in violation of the preceding sentence is void. Notices to
167 Elastic may also be sent to email@example.com.
169 6. DEFINITIONS
171 The following terms have the meanings ascribed:
173 6.1 "Affiliate" means, with respect to a party, any entity that controls, is
174 controlled by, or which is under common control with, such party, where
175 "control" means ownership of at least fifty percent (50%) of the outstanding
176 voting shares of the entity, or the contractual right to establish policy for,
177 and manage the operations of, the entity.
179 6.2 "Basic Features and Functions" means those features and functions of the
180 Elastic Software that are eligible for use under a Basic license, as set forth
181 at https://www.elastic.co/subscriptions, as may be modified by Elastic from
182 time to time.
184 6.3 "Commercial Software" means the Elastic Software Source Code in any file
185 containing a header stating the contents are subject to the Elastic License or
186 which is contained in the repository folder labeled "x-pack", unless a LICENSE
187 file present in the directory subtree declares a different license.
189 6.4 "Derivative Work of the Commercial Software" means, for purposes of this
190 Agreement, any modification(s) or enhancement(s) to the Commercial Software,
191 which represent, as a whole, an original work of authorship.
193 6.5 "License" means a limited, non-exclusive, non-transferable, fully paid up,
194 royalty free, right and license, without the right to grant or authorize
195 sublicenses, solely for Your internal business operations to (i) install and
196 use the applicable Features and Functions of the Elastic Software in Object
197 Code, and (ii) permit Contractors and Your Affiliates to use the Elastic
198 software as set forth in (i) above, provided that such use by Contractors must
199 be solely for Your benefit and/or the benefit of Your Affiliates, and You
200 shall be responsible for all acts and omissions of such Contractors and
201 Affiliates in connection with their use of the Elastic software that are
202 contrary to the terms and conditions of this Agreement.
204 6.6 "License Key" means a sequence of bytes, including but not limited to a
205 JSON blob, that is used to enable certain features and functions of the
206 Elastic Software.
208 6.7 "Marks and Notices" means all Elastic trademarks, trade names, logos and
209 notices present on the Documentation as originally provided by Elastic.
211 6.8 "Non-production Environment" means an environment for development, testing
212 or quality assurance, where software is not used for production purposes.
214 6.9 "Object Code" means any form resulting from mechanical transformation or
215 translation of Source Code form, including but not limited to compiled object
216 code, generated documentation, and conversions to other media types.
218 6.10 "Source Code" means the preferred form of computer software for making
219 modifications, including but not limited to software source code,
220 documentation source, and configuration files.
222 6.11 "Subscription" means the right to receive Support Services and a License
223 to the Commercial Software.