ObjectBox Binary Licence Agreement
LICENSOR PROVIDES THE SOFTWARE SOLELY ON THE TERMS AND CONDITIONS SET OUT IN THIS AGREEMENT AND ON THE CONDITION THAT LICENSEE ACCEPTS AND COMPLIES WITH THEM. BY DOWNLOADING OR USING THE SOFTWARE YOU (A) ACCEPT THIS AGREEMENT AND AGREE THAT LICENSEE IS LEGALLY BOUND BY ITS TERMS; AND (B) REPRESENT AND WARRANT THAT: IF YOU ARE AGREEING TO THE TERMS OF THIS AGREEMENT ON BEHALF OF ANOTHER PERSON, YOU HAVE THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF THAT LICENSEE AND BIND LICENSEE TO ITS TERMS. IF LICENSEE DOES NOT AGREE TO THE TERMS OF THIS AGREEMENT, LICENSOR WILL NOT AND DOES NOT LICENSE THE SOFTWARE TO LICENSEE AND LICENSEE MUST NOT DOWNLOAD OR USE THE SOFTWARE.
“Agreement” means this licence agreement.
“Application” means a software application created by or on behalf of the Licensee for itself or any third party (provided that in no circumstances shall the Licensee or such third party be a Competitor).
“Competitor” means any Person who is a mobile database provider or who Licensor otherwise considers, in its sole discretion, to be a competitor of Licensor.
“Feedback” means any feedback regarding the Software, including, without limitation, in respect of any flaws, errors, bugs, anomalies, problems with and/or suggestions relating to the Software.
“Intellectual Property Rights” means any and all registered and unregistered rights granted, applied for, or otherwise now or hereafter in existence under or related to any patent, copyright, trademark, trade secret, database protection, or other intellectual property rights laws, and all similar or equivalent rights or forms of protection, in any part of the world.
“Licensee” means a Person exercising permissions granted under this Agreement (provided that in no circumstances shall the Licensee be a Competitor).
“Licensor” means ObjectBox Limited.
“Object” means any form of the Software resulting from mechanical transformation or translation of Source, including but not limited to compiled object code, generated documentation, and conversions to other media types.
“ObjectBox” means ObjectBox-branded software that is freely available and separately licensed and distributed by ObjectBox Ltd under open source and/or proprietary licenses as disclosed to the user either on the ObjectBox website, related documentations or through GitHub repositories, including any version, all updates and new releases.
“Person” means an individual, corporation, partnership, joint venture, limited liability company, governmental authority, unincorporated organization, trust, association, or other legal entity.
“Software” means ObjectBox-branded software that is freely available and separately licensed and distributed by ObjectBox Ltd under open source and/or proprietary licenses as disclosed to the user either on the ObjectBox website, related documentations or through GitHub repositories, including any version, all updates and new releases.
“Source” means the preferred form for making modifications to the Software, including but not limited to the source code, documentation source, and configuration files of the Software.
2. LICENCE AND RESTRICTIONS
a. Subject to and conditioned upon Licensee’s strict compliance with the terms and conditions set out in this Agreement, Licensor hereby grants to Licensee, a non-exclusive, non-transferable, non-sublicensable, revocable, limited, royalty-free licence for the Term to use the Software in creating Applications.
b. Licensee shall not, and shall require its Authorized Users not to, directly or indirectly:
i. use (including make any copies of) the Software beyond the scope of the license granted under section 2a above;
ii. modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Software or any part thereof, except as expressly permitted by applicable law;
iii. reverse engineer, disassemble, decompile, decode, or otherwise attempt to discover, derive or gain access to the Source of the Software or any part thereof, except as expressly permitted by applicable law;
iv. remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices provided on or with the Software, including any copy thereof;
v. use the Software in violation of any applicable law; or
vi. use the Software for purposes of the development of a competing software product or service, or any other purpose that is to Licensor’s commercial disadvantage.
c. Licensee is responsible and liable for all uses of the Software through access thereto provided by Licensee, directly or indirectly. Without limiting the generality of the foregoing, Licensee is responsible and liable for all actions and failures to take required actions with respect to the Software by any Person to whom Licensee may provide access to or use of the Software, whether such access or use is permitted by or in violation of this Agreement.
3. THIRD PARTY MATERIALS
The Software includes software, content, data, or other materials, including related documentation, that are owned by Persons other than Licensor and that are provided to Licensee on licence terms that are in addition to and/or different from those contained in this Agreement (“Third-Party Licences”). A list of all materials included in the Software and provided under Third-Party Licences is set out in Schedule A to this Agreement, and the applicable Third-Party Licences are accessible via links therefrom. Licensee is bound by and shall comply with all Third-Party Licences. Any breach by Licensee of any Third-Party Licence is also a breach of this Agreement.
4. INTELLECTUAL PROPERTY RIGHTS
a. Licensee acknowledges and agrees that the Software is provided under licence, and not sold, to Licensee. Licensee does not acquire any ownership interest in the Software under this Agreement, or any other rights thereto, other than to use the same in accordance with the licence granted and subject to all terms, conditions, and restrictions under this Agreement. Licensor and its licensors reserve and shall retain their entire right, title, and interest in and to the Software (in whatever form, including Object and Source) and all Intellectual Property Rights arising out of or relating to the Software, except as expressly granted to the Licensee in this Agreement. Licensee shall safeguard all Software (including all copies thereof) from infringement, misappropriation, theft, misuse, or unauthorized access. Licensee shall promptly notify Licensor if Licensee becomes aware of any infringement of the Licensor’s Intellectual Property Rights in the Software and fully cooperate with Licensor in any legal action taken by Licensor to enforce its Intellectual Property Rights.
b. All copies of the Software made by Licensee (i) will be the exclusive property of Licensor; (ii) will be subject to the terms and conditions of this Agreement; and (iii) must include all trademark, copyright, patent, and other Intellectual Property Rights notices contained in the original.
5. DISCLAIMER OF WARRANTY
To the fullest extent permitted by applicable law, Licensee acknowledges and agrees that (a) Licensee’s use of the Software is at Licensee’s sole risk; and (b) Licensor provides the Software on an “as is” basis, and Licensor expressly disclaims any and all terms, conditions, representations or warranties of any kind, whether express or implied, made with respect to the Software, including, without limitation, any implied terms, conditions, representations or warranties of title, non-infringement, merchantability, or fitness for a particular purpose. Without limitation to the foregoing, Licensee acknowledges and agrees that (i) Licensor provides no warranty or undertaking, and makes no representation of any kind that the Software will meet Licensee’s requirements, achieve any intended results, be compatible, or work with any other software, applications (including the Applications), systems, or services, operate without interruption, meet any performance or reliability standards or be error free, or that any errors or defects can or will be corrected; and (ii) Licensor may develop and provide Updates in its sole discretion, and Licensor has no obligation to develop any Updates.
6. LIMITATION OF LIABILITY
Nothing in this Agreement limits or excludes the liability of Licensor or Licensee for (a) death or personal injury caused by its negligence, (b) fraud or fraudulent misrepresentation, or (c) any other act, omission, or liability which may not be limited or excluded by applicable law. Subject to the foregoing, Licensor shall not in any circumstances be liable, whether in contract, tort (including negligence), breach of statutory duty (howsoever arising), misrepresentation (whether innocent or negligent), restitution or otherwise, for any claims, damages, losses, liabilities, whether direct or indirect, or for any other reason or cause whatsoever arising out of or in connection with this Agreement.
a. This Agreement shall commence upon the date upon which the Software is first downloaded or otherwise used by Licensee and shall continue in force until this Agreement is terminated in accordance with the terms of this section 7 (the “Term”).
b. Licensor may terminate this agreement with immediate effect upon written notice (which may include notice published on Licensor’s website) in the event of a breach by Licensee of the terms of this Agreement.
c. This Agreement shall terminate automatically in the event that Licensee ceases all use of the Software.
d. Upon expiry or termination of this Agreement for any reason (i) Licensee shall cease all use of the Software and either return to Licensor or destroy all copies thereof in its possession or control, and (ii) any provision of this Agreement that either expressly or by implication is intended to come into or continue in force on or after expiry or termination of this Agreement shall remain in full force and effect.
Licensee acknowledges and agrees that Licensor may change the Software and/or the terms of this Agreement at any time. Licensor shall publish the updated version of this Agreement on Licensor’s website. Any access to or use of the Software after the date of such publication will constitute Licensee’s irrevocable agreement to the terms of this Agreement as amended by Licensor.
9. LICENSEE FEEDBACK AND INPUT
Licensee may provide Feedback to the Licensor. Licensee hereby assigns with full title guarantee, all rights, title and interest, including Intellectual Property Rights, in and to such Feedback. Licensor reserves all rights in and to the Feedback not expressly granted in this Agreement.
Licensee acknowledges and agrees that Licensor may include Licensee’s name and a description of any Application with which the Software is bundled or packaged by Licensee in any and all marketing content produced by or on behalf of Licensor (in any form or media whatsoever, including, without limitation, on Licensor’s website(s) and in customer reference lists) and Licensor may otherwise disclose to any Person that Licensee uses the Software.
11. USAGE INFORMATION
a. Licensee acknowledges that Licensor may, directly or indirectly through the services of third parties, collect and store anonymous information regarding use of the Software and about equipment on which the Software is installed or through which it otherwise is accessed and used, in each case relating to or in connection with the development of an Application.
b. Licensee agrees that the Licensor may use such information for any purpose related to any use of the Software by Licensee or on Licensee’s equipment, including but not limited to: (i) improving the performance of the Software or developing Updates; and (ii) verifying Licensee’s compliance with the terms of this Agreement and enforcing Licensor’s rights, including all Intellectual Property Rights in and to the Software.
a. Licensee may not assign, transfer, mortgage, charge, declare a trust over or deal in any other manner with any of its rights and obligations under this Agreement. Licensor may assign, transfer, mortgage, charge, declare a trust over or deal in any other manner with any of its rights and obligations under this Agreement.
b. The Agreement constitutes the entire agreement and understanding between Licensor and Licensee relating to the matters contemplated by this Agreement and supersedes all previous agreements (if any and whether in writing or not) between the Parties in relation to such matters.
c. Licensee acknowledges and agrees that it is not entering into this Agreement on the basis of, and is not relying on and has not relied on, any statement, representation, warranty or other provision (in any case whether oral, written, expressed or implied) made, given, or agreed to by any Person (whether a party to this Agreement or not) in relation to the subject matter of this Agreement, provided that nothing in this Agreement shall exclude any party from liability for fraud or fraudulent misrepresentation.
d. Nothing in this Agreement is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party.
e. A person who is not a party to this Agreement shall not be entitled to enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999.
f. If a provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall not affect the validity or enforceability of any other provision of this License.
g. This Agreement and all matters arising from it (including, without limitation, any dispute relating to the existence, validity or termination of this Agreement or any contractual or non-contractual obligation) shall be governed by, and construed in accordance with the laws of England and Wales. In relation to any legal action or proceedings to enforce this Agreement or arising out of or in connection with this Agreement (including, without limitation, any dispute relating to the existence, validity or termination of this Agreement or any contractual or non-contractual obligation) (“Proceedings”) each of the Parties irrevocably submits to the exclusive jurisdiction of the courts of England and waives any objection to Proceedings in such courts on the grounds of venue or on the grounds that the Proceedings have been brought in an inappropriate forum provided that a judgment or order of any court may be enforced in any court of competent jurisdiction.
SCHEDULE A – THIRD PARTY MATERIALS
FlatBuffers licensed under Apache 2.0
Copyright 2014 Google Inc. You can find the full copy of the license below under the headline Apache 2.0.
FreeMarker licensed under Apache 2.0
Copyright 1999–2017 The Apache Software Foundation. Apache FreeMarker, FreeMarker, Apache Incubator, Apache, the Apache FreeMarker logo are trademarks of The Apache Software Foundation. You can find the full copy of the license below under the headline Apache 2.0.
Disclaimer: Apache FreeMarker is an effort undergoing incubation at The Apache Software Foundation (ASF). Incubation is required of all newly accepted projects until a further review indicates that the infrastructure, communications, and decision making process have stabilized in a manner consistent with other successful ASF projects. While incubation status is not necessarily a reflection of the completeness or stability of the code, it does indicate that the project has yet to be fully endorsed by the ASF.
greenDAO licensed under Apache 2.0
Copyright (C) 2012-2016 Markus Junginger, greenrobot (http://greenrobot.org). You can find the full copy of the license below under the headline Apache 2.0.
Javassist licensed under Apache 2.0
Copyright (C) 1999- Shigeru Chiba, All rights reserved. You can find the full copy of the license below under the headline Apache 2.0.
LMDB licensed under the OpenLDAP Public License
Copyright 2015-2017 Howard Chu, Symas Corp. All rights reserved. Redistribution and use in source and binary forms, with or without modification, are permitted only as authorized by the OpenLDAP Public License.
The OpenLDAP Public License
Version 2.8, 17 August 2003
Redistribution and use of this software and associated documentation (“Software”), with or without modification, are permitted provided that the following conditions are met:
1. Redistributions in source form must retain copyright statements and notices,
2. Redistributions in binary form must reproduce applicable copyright statements and notices, this list of conditions, and the following disclaimer in the documentation and/or other materials provided with the distribution, and
3. Redistributions must contain a verbatim copy of this document. The OpenLDAP Foundation may revise this license from time to time. Each revision is distinguished by a version number. You may use this Software under terms of this license revision or under the terms of any subsequent revision of the license.
THIS SOFTWARE IS PROVIDED BY THE OPENLDAP FOUNDATION AND ITS CONTRIBUTORS AS IS” AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE OPENLDAP FOUNDATION, ITS CONTRIBUTORS, OR THE AUTHOR(S) OR OWNER(S) OF THE SOFTWARE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING,
BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
The names of the authors and copyright holders must not be used in advertising or otherwise to promote the sale, use or other dealing in this Software without specific, written prior permission. Title to copyright in this Software shall at all times remain with copyright holders.
OpenLDAP is a registered trademark of the OpenLDAP Foundation.
Copyright 1999-2003 The OpenLDAP Foundation, Redwood City, California, USA. All Rights Reserved. Permission to copy and distribute verbatim copies of this document is granted.
Moshi licensed under Apache 2.0
Copyright 2015 Square, Inc. You can find the full copy of the license below under the headline Apache 2.0.
Kotlin licensed under Apache 2.0
Copyright 2010-2017 JetBrains s.r.o. You can find the full copy of the license below under the headline Apache 2.0.
Version 2.0, January 2004
TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
“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. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof.
“Contribution” shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, “submitted” means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as “Not a Contribution.”
“Contributor” shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work.
2. Grant of Copyright License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form.
3. Grant of Patent License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed.
4. Redistribution. You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form, provided that You meet the following conditions:
1. You must give any other recipients of the Work or Derivative Works a copy of this License; and
2. You must cause any modified files to carry prominent notices stating that You changed the files; and
3. You must retain, in the Source form of any Derivative Works that You distribute, all copyright, patent, trademark, and attribution notices from the Source form of the Work, excluding those notices that do not pertain to any part of the Derivative Works; and
4. If the Work includes a “NOTICE” text file as part of its distribution, then any Derivative Works that You distribute must include a readable copy of the attribution notices contained within such NOTICE file, excluding those notices that do not pertain to any part of the Derivative Works, in at least one of the following places: within a NOTICE text file distributed as part of the Derivative Works; within the Source form or documentation, if provided along with the Derivative Works; or, within a display generated by the Derivative Works, if and wherever such third-party notices normally appear. The contents of the NOTICE file are for informational purposes only and do not modify the License. You may add Your own attribution notices within Derivative Works that You distribute, alongside or as an addendum to the NOTICE text from the Work, provided that such additional attribution notices cannot be construed as modifying the License.
You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of Your modifications, or for any such Derivative Works as a whole, provided Your use, reproduction, and distribution of the Work otherwise complies with the conditions stated in this License.
5. Submission of Contributions. Unless You explicitly state otherwise, any Contribution intentionally submitted for inclusion in the Work by You to the Licensor shall be under the terms and conditions of this License, without any additional terms or conditions. Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with Licensor regarding such Contributions.
6. Trademarks. This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file.
7. Disclaimer of Warranty. Unless required by applicable law or agreed to in writing, Licensor provides the Work (and each Contributor provides its Contributions) on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions 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 has been advised of the possibility of such damages.
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 License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability.
END OF TERMS AND CONDITIONS