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LICENSE
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This file contains a copy of:
1) Apache License Version 2.0
2) The Commercial Open Source License (COSL)
----------------------------------------------------------------------------
libntech is provided under the terms of the Apache License Version 2.0 (below).
On some systems, code under the Frontier Artistic License (libcompat/snprintf)
might become compiled. This is compatible with the Apache License.
Users of the software may, at their option, choose the COSL license
below as part of the enterprise CFEngine product.
-------------------------------------------------------------------------------
Apache License
Version 2.0, January 2004
http://www.apache.org/licenses/
TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
1. Definitions.
"License" shall mean the terms and conditions for use, reproduction,
and distribution as defined by Sections 1 through 9 of this document.
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direction or management of such entity, whether by contract or
otherwise, or (ii) ownership of fifty percent (50%) or more of the
outstanding shares, or (iii) beneficial ownership of such entity.
"You" (or "Your") shall mean an individual or Legal Entity
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including but not limited to software source code, documentation
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not limited to compiled object code, generated documentation,
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"Work" shall mean the work of authorship, whether in Source or
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any Contribution intentionally submitted for inclusion in the Work
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the terms of any separate license agreement you may have executed
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WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or
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of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A
PARTICULAR PURPOSE. You are solely responsible for determining the
appropriateness of using or redistributing the Work and assume any
risks associated with Your exercise of permissions under this License.
8. Limitation of Liability. In no event and under no legal theory,
whether in tort (including negligence), contract, or otherwise,
unless required by applicable law (such as deliberate and grossly
negligent acts) or agreed to in writing, shall any Contributor be
liable to You for damages, including any direct, indirect, special,
incidental, or consequential damages of any character arising as a
result of this License or out of the use or inability to use the
Work (including but not limited to damages for loss of goodwill,
work stoppage, computer failure or malfunction, or any and all
other commercial damages or losses), even if such Contributor
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9. Accepting Warranty or Additional Liability. While redistributing
the Work or Derivative Works thereof, You may choose to offer,
and charge a fee for, acceptance of support, warranty, indemnity,
or other liability obligations and/or rights consistent with this
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------------------------------------------------------------------------------
COMMERCIAL OPEN SOURCE LICENSE
This CFEngine commercial open source license ("COSL") is entered into
between Northern.tech AS, a Norwegian company, as licensor and
a) the Customer entity stipulated on a complete agreement front page (“Front page”),
b) any entity or natural person downloading, installing or taking the
Software or any part of it into use, or
c) any entity or person who otherwise has agreed to be bound by these
terms (collectively the "Licensee").
1 LICENSE
1.1 General
The Software is licensed on a consecutive basis (rental) or
perpetually, as stipulated on the Front page. See 1.2 and 1.3 below
respectively. The following shall apply to either type of license
grants.
Subject to the terms of this COSL and other agreement between the
parties, Northern.tech hereby grants to Licensee a non-exclusive,
non-transferable, non-sublicensable and limited license to install,
use, study and modify the number of copies of the Software on the
number of Instances stipulated on the Front page for use within its
organization.
The number of Instances the Software may be installed on may be
changed by the Customer from time to time, provided ample notice is
given to Northern.tech. See Front page for reporting.
The Licensee may modify, adapt and create derivative works based upon
the Software, for use within its organisation and for sharing between
other consecutive licensees under the COSL. Therefore, the Licensee
shall have access to the source code of the Software. However, the
Licensee shall not reproduce, distribute, resell, rent, lease or
disclose the Software in any manner or form to any other third party
not holding a COSL to the Software.
Licensee may not transfer any of its rights under this COSL without
the prior and express written consent of Northern.tech.
Any CFEngine software component used by both the CFEngine enterprise
version and CFEngine community edition is licensed under the terms of
this COSL if the Licensee does not state in writing to Northern.tech that
the Licensee instead wish to license the component in question under
the GNU General Public License (GPL) v.3.0 or other applicable
license.
Third party software is licensed under the license of such third
party.
1.2 Consecutive license grant (subscription)
If the license grant is agreed to be consecutive (see stipulation on
Front page), it shall be effective for the period the consecutive
license fee (subscription fee) is paid and this license is otherwise
complied to. The payment of the consecutive license fee entitles the
Customer to Updates and New versions of the Software (as stipulated in
appendix 1).
1.3 Perpetual license grant
If the license grant is agreed to be perpetual (see stipulation on
Front page), the grant is for ever, provided the license terms are
complied to. The perpetual license grant is limited to current the
version of the Software at the Effective date. Updates or New versions
of the Software are not included, unless stated on the Front page
(subject to additional fee).
2 DEFINITIONS
The following definitions shall apply to the COSL:
“Instances” means each physical or virtual computer (server or
client), onto which an installation of the Software takes place.
“New version” (of the Software) means a new edition of the Software
containing functionality or properties not present in the previous
edition of the Software.
"Software" means:
a) the CFEngine Enterprise data centre administration software
downloaded by the Licensee or otherwise given access to including
bundled documentation and other material, as described at
http://www.cfengine.com/; and
b) new versions and updates to such software provided by Northern.tech, and
“Update” (of Software) means smaller adjustments of the Software with
the existing functionality, normally by way of installation of new
copy of the Software.
3 FEES
The Licensee shall pay a license fee per Instance the Software is
installed on for the license granted herein; either:
a) per time unit (as agreed) e.g. year, for consecutive license grants, or
b) once, for perpetual license grants, for the number of Instances
stated on the Front page, or any later adjustments. See the Front page
for further details.
4 INTELLECTUAL PROPERTY RIGHTS
Northern.tech and its suppliers do not by this COSL transfer any
copyrights or other intellectual property rights relating to the
Software to the Licensee. Such rights are protected by intellectual
property legislation in the United States, Europe and other
jurisdictions and by international treaty provisions. Northern.tech and its
suppliers retain all rights in the Software that are not expressly
granted to the Licensee through this COSL.
Licensee is not allowed to remove, alter or destroy any proprietary,
trademark or copyright markings or notices placed upon or contained
within the Software.
5 TERMINATION
Northern.tech may terminate the COSL if the Licensee fails to comply with
the terms of this COSL, hereunder fails to pay the stipulated fees. In
the event of such termination, the Licensee shall immediately stop
using the Software, return any received media and documentation, and
destroy or permanently delete any installed versions of the Software,
and confirm such destruction or deletion in writing within 7 days.
6 IDEMNIFICATION
If the Software (except for third party software) during the term of
the license grant is held by a court of competent jurisdiction to
infringe any third party intellectual property rights and the Licensee
incurs loss or expense as a result of such holding, then Licenee's
sole remedy shall be, and Northern.tech will, at its option: (i) obtain the
right for Licensse to continue to use the Software consistent with the
COSL; (ii) modify the Software so that it becomes non-infringing;
(iii) replace the infringing component with a non-infringing
component, or (iv) refund monies paid by Licensee under the Agreement
during the prior six (6) months to the court holding (for consecutive
license grants) or a forth of any perpetual license fee paid, and all
Licensees rights and licenses under this Agreement shall automatically
terminate.
The Licensee is aware that the Software is also comprised of third
party software, mostly open source software. Such third party software
are subject to its individual license terms, and any claims shall be
directed at the ultimate right holder to that software. Consequently
Northern.tech is not liable for any defective title in such third party
software. See schedule 5 for a list of software contained by the
Software with related licenses.
7 NO WARRANTY
To the maximum extent permitted by law, Northern.tech disclaims any
warranty for the Software (except as stated in clause 6). The
Software, any services and any related documentation is provided on an
"as is" basis without warranty of any kind, whether express or
implied, including, but not limited to, implied warranties of
merchantability, fitness for a particular purpose or non-infringement
(except as stated in clause 6). Hereunder the parties acknowledges
that Northern.tech does not warrant for the performance of any data centre
on which the Software runs, or the absence of any errors in the
Software, and that any such errors does not constitute a contractual
defect.
8 LIABILITY
The liability of the parties in contract, tort (including negligence)
or otherwise shall for all incidents during the entire term of the
COSL be limited to a fifth of the fees paid for a perpetual license or
the annual consecutive license fees paid for the Software causing the
damage or loss, up to a maximum of NOK 100 000. Northern.tech or its
suppliers shall not be liable for any special, incidental, indirect or
consequential damages whatsoever (including, without limitation,
damages for loss of business profits, lost savings, business
interruption, loss of business information, personal injury, loss of
privacy, loss of goodwill or any other financial loss) arising out of
the use of or inability to use the Software, even if advised of the
possibility of such damages.
9 THIRD-PARTY TERMS
For third-party software that is made available to the Licensee by
Northern.tech, the current terms of the relevant third party software
supplier shall apply.