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author | Tatu Lund <tatu@vaadin.com> | 2020-11-18 10:22:52 +0200 |
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committer | GitHub <noreply@github.com> | 2020-11-18 10:22:52 +0200 |
commit | 6f2c1c7a19a4bf400fc5b8e893e432b2381c41eb (patch) | |
tree | f82f475d6854023899d5fa03fdae1de5d4cce529 /LICENSE | |
parent | 56899b95518e5e88294792748568ebbf6baeeb22 (diff) | |
download | vaadin-framework-6f2c1c7a19a4bf400fc5b8e893e432b2381c41eb.tar.gz vaadin-framework-6f2c1c7a19a4bf400fc5b8e893e432b2381c41eb.zip |
Change license from Apache-2 to CVDLv4 (#12144)
* Change license from Apache-2 to CVDLv4
* Update header for checkstyle
* Add license checker
* Fix reference header
* Fix license header
* Update Chrome version
Diffstat (limited to 'LICENSE')
-rw-r--r-- | LICENSE | 472 |
1 files changed, 262 insertions, 210 deletions
@@ -1,210 +1,262 @@ -All parts, except the contents of the documentation directory, are licenced -under Apache License v2.0. See the license text below. - -The documentation is licensed under Creative Commons CC-BY-ND 2.0 -(http://creativecommons.org/licenses/by-nd/2.0/legalcode). - - ------------------------------------------------------------------------------ - - 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. - - "Licensor" shall mean the copyright owner or entity authorized by - the copyright owner that is granting the License. - - "Legal Entity" shall mean the union of the acting entity and all - other entities that control, are controlled by, or are under common - control with that entity. For the purposes of this definition, - "control" means (i) the power, direct or indirect, to cause the - 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 - exercising permissions granted by this License. - - "Source" form shall mean the preferred form for making modifications, - including but not limited to software source code, documentation - source, and configuration files. - - "Object" form shall mean any form resulting from mechanical - transformation or translation of a Source form, including but - not limited to compiled object code, generated documentation, - and conversions to other media types. - - "Work" shall mean the work of authorship, whether in Source or - Object form, made available under the License, as indicated by a - copyright notice that is included in or attached to the work - (an example is provided in the Appendix below). - - "Derivative Works" shall mean any work, whether in Source or Object - form, that is based on (or derived from) the Work and for which the - editorial revisions, annotations, elaborations, or other modifications - represent, as a whole, an original work of authorship. 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We also recommend that a - file or class name and description of purpose be included on the - same "printed page" as the copyright notice for easier - identification within third-party archives. - - Copyright {yyyy} {name of copyright owner} - - Licensed under the Apache License, Version 2.0 (the "License"); - you may not use this file except in compliance with the License. - You may obtain a copy of the License at - - http://www.apache.org/licenses/LICENSE-2.0 - - Unless required by applicable law or agreed to in writing, software - distributed under the License is distributed on an "AS IS" BASIS, - WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. - See the License for the specific language governing permissions and - limitations under the License. +Commercial Vaadin Developer License version 4 + +Terms and Conditions for Use, Reproduction and Distribution + +NOTICE TO USER: PLEASE READ THIS LICENSE AGREEMENT CAREFULLY. + +BY USING ALL OR ANY PART OF THE LICENSED SOFTWARE YOU ACCEPT ALL THE TERMS AND +CONDITIONS OF THIS AGREEMENT, INCLUDING, IN PARTICULAR THE RESTRICTIONS ON: USE +AND TRANSFERABILITY CONTAINED IN CLAUSE 2; WARRANTY IN CLAUSE 6; LIABILITY IN +CLAUSE 7. YOU ACCEPT THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN +NEGOTIATED AGREEMENT DULY SIGNED BY YOU. IF YOU DO NOT AGREE ON ALL THE TERMS +AND CONDITIONS OF THIS AGREEMENT, STOP THE USE OF THE LICENSED SOFTWARE +IMMEDIATELY. + +1. Definitions +In this Agreement, unless the context requires otherwise, the following words +and phrases shall have the following meanings: + + * "Developer" shall mean a software developer, tester, designer or other + person developing a software application. + * "Vaadin Platform" shall mean the Vaadin web framework, components, themes, + tools and libraries that help Developers in building software applications. + * "Licensed Software" shall mean an add-on software component, extended + support version of Vaadin Platform, library, theme, tool or other software + or resource that is part of or adds functionality to Vaadin Platform or + helps Developers in developing applications. Licensed Software include, but + are not limited to, user interface components, integration components, + themes, libraries and development tools. + * "Use Licensed Software" shall mean either directly interacting with, + including without limitations using the user interface of, running or + installing, the Licensed Software during Project or editing Project source + code file that refers to or depends on Licensed Software either directly or + indirectly. Developer who edits source code that can not be compiled and/or + run without a copy of Licensed Software is considered to Use Licensed + Software. Interacting with a server that runs Licensed Software as a part + of an automated test suite or a design system is not considered as Use of + Licensed Software, but the maintainers of the mentioned test suite or + design system are considered to Use Licensed Software. + * "Agreement" shall mean this Commercial Vaadin Developer License version 4 + agreement. Previous versions of the agreement were called Commercial Vaadin + Add-on License. + * "License" shall mean the right to Use Licensed Software according to + Agreement by one Developer. + * "Intellectual Property Rights" shall mean any and all patent, copyright, + trademark, design right, petty patent, service mark, domain name or any + other right or trade secret whether registered or not. + * "Licensee" shall mean the entity that has subscribed to a Subscription that + includes the right to Use Licensed Software. + * "Licensor" shall mean Vaadin Ltd. or a third party licensing Licensed + Software under the Agreement. + * "Parties/Party" shall mean Licensee and Licensor, or either of them. + * "Project" shall mean Licensee's software development project during which + the participating Developers Use Licensed Software and which aims to + produce Project Result. + * "Project Result" shall mean the outcome of the Project. + * “End User” shall mean a person using Project Result that does not involve + changing any source code. + * "Subscription" shall mean a subscription offered by Licensor in which + Licensor grants rights to Use Licensed Software according to the terms of + the subscription agreement and this Agreement. + +2. Grant of License +2.1 Licensor grants to Licensee, against full payment of the Subscription fee, a +worldwide, royalty-free, non-exclusive limited License to Use Licensed Software +in Project(s) by a Developer. + +2.2 Licensee shall not, unless expressly provided in Agreement or in the +applicable legislation + +2.2.1 rent, lease or loan Licensed Software or any copy of it; + +2.2.2 remove, obliterate, deface or in any way alter the notice of Licensor’s or +a third party’s proprietary rights related to Licensed Software; + +2.2.3 grant sub-licenses to Licensed Software or assign its rights or +obligations under this Agreement to a third party. + +2.3 Licensee may grant licenses, for free or against a payment, to the Project +Result including Licensed Software whether regarded as derivative works or not. +End Users are not required to have a valid License. If the Project Result is +further developed or modified by changing its source code or the Project Results +is used as a software component or framework in a software development project, +all Developers who Use Licensed Software in such a context need to have a valid +License. If the Project Result is a software development tool, component or +environment that provides the functionality of the Licensed Software for use in +software development projects, all Developers who Use Licensed Software need to +have a valid License. + +3. Intellectual Property Rights +3.1 All Intellectual Property Rights in and to Licensed Software are and shall +at all times remain the sole and exclusive property of Licensor and its third +party licensors, if any. + +3.2 Licensee will not at any time do or cause to be done any such act or thing +which in any way impairs, or intends to impair, any right, title, interest or +any Intellectual Property Right of Licensor or its third party licensors. +Licensee shall not in any manner represent that it has any ownership of any kind +in any of the above mentioned Intellectual Property Rights. + +4. Subscription fee and Subscription term +4.1 In consideration for the Subscription based license granted herein, Licensor +shall charge a recurring Subscription fee from the Licensee. + +4.2 Licensee must have a valid License for all Developers who Use Licensed +Software in the Project. During the Subscription term, the License may be Used +in many Projects simultaneously without additional payments. The Project Result +may be copied an unlimited number of times and deployed to an unlimited number +of computers without additional payments. + +4.3 Licensee's License will be valid starting from the beginning of the +Subscription term and remain in force until the end of the Subscription term. +The start date of the Subscription term and its possible renewal mechanism are +set out in the Subscription agreement or the Licensor’s invoice to the Licensee. +If no Subscription start date is specified in the Subscription agreement or the +invoice, the start date shall be the date when the Licensor provides the +Licensee access to the Licensed Software. + +4.4 If License is given without a fee, the License is valid for the time defined +by the Licensor. + +5. Term and termination +5.1 This Agreement is effective as of the effective date of the Subscription and +expires on the day that the Subscription term for the Licensed Software has +expired. Notwithstanding the aforesaid, in the event that the Licensee fails to +comply with the terms set in this Agreement, the License granted herein shall +not be valid and Licensee must at once cease the use of Licensed Software and +any of its rights under Clause 2, and delete all copies of Licensed Software. + +5.2 Licensor has the right, in addition and without prejudice to any other +rights or remedies, to terminate this Agreement immediately as follows: + +5.2.1 for any material breach of Agreement, that is not cured within seven (7) +days of receipt by Licensee in default of a written notice specifying the breach +and requiring its cure; + +5.2.2 upon receiving a written notice, if (a) all or a substantial portion of +the assets of Licensee are transferred to an assignee for the benefit of +creditors, or to a receiver or a trustee in bankruptcy, (b) a proceeding is +commenced by or against Licensee for relief under bankruptcy or similar laws and +such proceeding is not dismissed within sixty (60) days, or (c) Licensee is +adjudged bankrupt. + +5.3 If and when this Agreement is terminated due to any reason or cause +whatsoever, the Licensee shall cease to Use Licensed Software and any of its +rights under Clause 2, and delete all copies of Licensed Software. For clarity, +the termination of this Agreement shall not affect the validity of any licenses +granted by the Licensee to End Users with respect to Project Results prior to +the termination of this Agreement, but the Licensee shall not be entitled to +Use Licensed Software after the termination of the Agreement. + +5.4 Provisions of the Agreement which, by their nature, are intended to survive +its termination or expiration, shall survive its termination or expiration. + +6. Warranties +THE LICENSED SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND EXPRESS +OR IMPLIED, AND TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW. EXCEPT AS +EXPRESSLY PROVIDED IN THIS CLAUSE, NO WARRANTY, CONDITION, UNDERTAKING, +LIABILITY OR TERM, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AS TO CONDITION, +QUALITY, PERFORMANCE, FUNCTIONALITY, INFRINGEMENT, MERCHANTABILITY, DURABILITY +OR FITNESS FOR PURPOSE, IS GIVEN OR ASSUMED BY VAADIN LTD., LICENSOR OR ITS +LICENSORS AND ALL SUCH WARRANTIES, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY +EXCLUDED. + +7. Limitation of Liability +VAADIN LTD. AND/OR LICENSOR WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, +PUNITIVE OR CONSEQUENTIAL LOSS, DAMAGE, COST OR EXPENSE OF ANY KIND WHATSOEVER +AND HOWSOEVER CAUSED (INCLUDING BUSINESS INTERRUPTION, OR ANY LOSS OF BUSINESS, +ANTICIPATED SAVINGS, REVENUE, GOODWILL, MANAGEMENT TIME, LOSS OF PROFITS OR OF +CONTRACTS, LOSS OF OPERATION TIME, LOSS OF REPUTATION OR OF DATA) INCLUDING +NEGLIGENCE, WHETHER IN CONTRACT OR TORT, EVEN IF THEY HAVE BEEN ADVISED OF THE +POSSIBILITY. DEVELOPER AND/OR LICENSEE WILL USE REASONABLE EFFORTS TO MITIGATE +THEIR LOSS SUFFERED. VAADIN LTD'S AND/OR LICENSOR'S AGGREGATE LIABILITY AND THAT +OF ITS AFFILIATES AND SUPPLIERS UNDER OR IN CONNECTION WITH THIS LICENSE +AGREEMENT WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID FOR THE LICENSED SOFTWARE +DURING THE MOST RECENT SUBSCRIPTION PERIOD. + +8. Updates, new versions maintenance and support +Licensor may, at its sole discretion, during the Subscription term provide +maintenance releases, updates and upgrades as new versions of the Licensed +Software. + +Licensee is not entitled to receive support for the Licensed Software, but +Licensor may, at its sole discretion during the Subscription term, provide +support either for free or for a fee. + +9. Miscellaneous +9.1 No Waiver + +The failure of Licensor to exercise any of its rights under this Agreement or to +require the performance of any term or provision of this Agreement, or any +waiver by the Licensor of any term or provision or breach of this Agreement, +shall not prevent a subsequent exercise or enforcement of such right or be +deemed a waiver of any subsequent breach of the same or any other term or +provision of this Agreement. Any waiver of the performance of any of the terms +or conditions of this Agreement shall be effective only if in writing and signed +by the Party against which such waiver is to be enforced. + +9.2 Headings + +The headings in this Agreement are for the convenience of the Parties only and +are not intended to define or limit the scope or interpretation of the Agreement +or any provision hereof. + +9.3 Severability + +If any term of this Agreement is invalid or unenforceable, such terms or +provisions shall not invalidate the rest of the Agreement which shall remain in +full force and effect as if such invalidated or unenforceable terms or +conditions had not been made a part of this Agreement. In the event this Clause +(Severability) becomes operative, Parties agree to attempt to negotiate +settlement that carries out the economic intent of the terms or provisions found +invalid or unenforceable. + +9.4 Export Control + +The Licensed Software may be subject to import and export controls in other +countries. Licensee agrees to strictly comply with all applicable import and +export regulations and acknowledge that Licensee has the responsibility to +obtain licenses to export, re-export, transfer or import Licensed Software. + +9.5 Entire Agreement and Assignment + +Agreement sets forth the entire agreement between the Parties with respect to +the subject matter hereof and supersedes any prior proposals and +representations, whether written or oral. Neither Party shall have the right to +assign this Agreement to a third party without the prior written consent of the +other party. However, Licensor shall have the right to assign this Agreement and +the rights and obligations contained therein to a company belonging to the same +group of companies as Licensor, and to a third party to which the business of +Licensor is transferred. + +9.6 Governing Law and Jurisdiction + +9.6.1 For customers domiciled in the United States + +If the Customer’s domicile is in the United States, the Agreement shall be +governed by and construed in accordance with the substantive laws of the State +of California. The Agreement shall be construed and enforced without regard to +the United Nations Convention on the International Sale of Goods (CISG). Any +dispute or controversy or claim arising out of or relating to this Agreement, or +the breach, termination or validity thereof, shall be resolved by final and +binding arbitration in accordance with the International Chamber of Commerce +Rules of Arbitration, by one (1) arbitrator appointed according to the +aforementioned rules. The arbitration shall be conducted in the English +language in San Francisco, California, United States. + +9.6.2 For customers domiciled outside the United States + +If the Customer’s domicile is outside the United States, the Agreement shall be +governed by and construed in accordance with the substantive laws of Finland, +excluding its choice of law provisions and the United Nations Convention on +Contracts for the International Sale of Goods (CISG). Any dispute, controversy +or claim arising out of or relating to the Agreement, or the breach, termination +or validity thereof, shall be finally settled by arbitration in accordance with +the Arbitration Rules of the Finland Chamber of Commerce. The number of +arbitrators shall be one. The seat of arbitration shall be Turku, Finland. The +language of the arbitration shall be English. + +9.7 Language + +The official text of the Agreement or any notices given or accounts or +statements required hereby shall be in English. |