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    1 ELASTIC LICENSE AGREEMENT
    2 
    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.
   15 
   16 Posted Date: April 20, 2018
   17 
   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,
   20 "You").
   21 
   22 1. OBJECT CODE END USER LICENSES, RESTRICTIONS AND THIRD PARTY OPEN SOURCE
   23 SOFTWARE
   24 
   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.
   29 
   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 elastic_license@elastic.co.
   57 
   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.
   73 
   74 2. COMMERCIAL SOFTWARE SOURCE CODE
   75 
   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.
   87 
   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.
   98 
   99 3. TERMINATION
  100 
  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
  103   provisions.
  104 
  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.
  111 
  112   3.3 Survival. Sections 1.2, 2.2. 3.3, 4 and 5 shall survive any termination or
  113   expiration of this Agreement.
  114 
  115 4. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
  116 
  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.
  127 
  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.
  137 
  138 5. MISCELLANEOUS
  139 
  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 legal@elastic.co.
  168 
  169 6. DEFINITIONS
  170 
  171   The following terms have the meanings ascribed:
  172 
  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.
  178 
  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.
  183 
  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.
  188 
  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.
  192 
  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.
  203 
  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.
  207 
  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.
  210 
  211   6.8 "Non-production Environment" means an environment for development, testing
  212   or quality assurance, where software is not used for production purposes.
  213 
  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.
  217 
  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.
  221 
  222   6.11 "Subscription" means the right to receive Support Services and a License
  223   to the Commercial Software.