diff --git a/LICENSE b/LICENSE index 057f651..5ac28dc 100644 --- a/LICENSE +++ b/LICENSE @@ -1,19 +1,83 @@ -PostgreSQL License + POSTGRES PROFESSIONAL LICENSE + FOR CUSTOMERS TO INTERNALLY USE POSTGRES PRO SOFTWARE + Version 1.2, March 2022 -Copyright (c) 2019-2020, Postgres Professional +0. Background. Postgres Professional publishes software in "source-available" +or "open code" form. This means that source code of the software is available +for inspection and modification. -Permission to use, copy, modify, and distribute this software and its -documentation for any purpose, without fee, and without a written agreement is -hereby granted, provided that the above copyright notice and this paragraph -and the following two paragraphs appear in all copies. +1. LICENSE GRANT. If Postgres Professional LLC and Postgres Professional +Europe Limited (collectively "PgPro") intentionally provides to a legal or +natural person ("Customer") a copy of the Postgres Pro Software ("Software") +with an express written statement that this Postgres Professional License +("PgPro License") shall apply to such copy, then PgPro grants such Customer +a royalty-free, non-exclusive, worldwide, personal, non-transferable, +non-sublicensable right to copy, adapt and Internally Use the Software and +derivative versions of the Software on the condition that Customer complies +with all terms and limitations of this PgPro License and only to the extent +expressly permitted under this PgPro License. -IN NO EVENT SHALL Postgres Professional BE LIABLE TO ANY PARTY FOR DIRECT, INDIRECT, -SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING -OUT OF THE USE OF THIS SOFTWARE AND ITS DOCUMENTATION, EVEN IF Postgres Professional -HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. +"Internally Use" means executing and utilizing the functionality of the +Software by the Customer through statutory employees and individual +independent contractors of the Customer, its Affiliates and Service +Providers ("Customer's Extended Enterprise") for purposes of supporting the +Customer's internal business processes, subject to written confidentiality +and non-disclosure agreements that prohibit disclosures of the Software to +anyone outside Customer's Extended Enterprise, and does not extend to any +form of distribution, publication, public display, public performance or +hosting for remote access by anyone who is not part of Customer's Extended +Enterprise. -Postgres Professional SPECIFICALLY DISCLAIMS ANY WARRANTIES, INCLUDING, BUT NOT -LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A -PARTICULAR PURPOSE. THE SOFTWARE PROVIDED HEREUNDER IS ON AN "AS IS" BASIS, -AND Postgres Professional HAS NO OBLIGATIONS TO PROVIDE MAINTENANCE, SUPPORT, UPDATES, -ENHANCEMENTS, OR MODIFICATIONS. +"Affiliate" means any legal entity that is wholly-owned by Customer, +wholly-owns Customer or is under hundred percent common ownership with +Customer. + +"Service Provider" means an entity that uses the Software or derivative +version of the Software that Customer created, solely on behalf and in the +interest of the Customer (and not for its own purposes or its other +customers) to provide services other than technical support or modifications +of the Software. For the avoidance of doubt, PgPro does not grant any +license directly to Service Providers. Service Providers may only assist +Customer in exercising Customer's rights under this License. Service +Providers must not modify the Software or any derivative versions thereof or +provide Customer with technical support or maintenance concerning the Software. + + +2. LIMITATIONS. Customer must not use - or enable or permit anyone to use +- the Software, except as expressly permitted in Section 1 (License Grant). +For the avoidance of doubt, Customer must not disclose, distribute, sell, +publicly display, publicly perform or host on a "cloud," "SaaS," "DBaaS" or +other remote access basis. + + +3. CONFIDENTIALITY. Customer must keep the Software confidential and not +disclose or use the Software, except as permitted under this PgPro License. + + +4. CUSTOMER LICENSE. If Customer shares any improvements, bug fixes, or +modified versions of the Software or parts thereof or information related +thereto ("Improvements") with PgPro, then Customer grants PgPro a +royalty-free, non-exclusive, worldwide, transferable, sublicensable and +irrevocable license to use, make, sell, import, export, disclose, copy, +adapt, distribute, publicly display, publicly perform, host for remote +access and commercialize or utilize in similar or other ways, at PgPro's +sole discretion, the Improvements. + + +5. DISCLAIMER. PGPRO DOES NOT EXTEND ANY EXPRESS REPRESENTATIONS OR +WARRANTY AND HEREBY DISCLAIMS ANY IMPLIED WARRANTIES AND REPRESENTATIONS +REGARDING THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY +OF MERCHANTABILITY, FUNCTIONALITY, QUIET ENJOYMENT, NON-INFRINGEMENT AND +PROFESSIONAL OR WORKMANLIKE SERVICES PERTAINING TO THE SOFTWARE. PGPRO +SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST +PROFITS, LOST DATA, LOST REVENUE, OR INDIRECT, CONSEQUENTIAL, SPECIAL OR +OTHER DAMAGES CAUSED BY OR RELATED TO THE SOFTWARE. + + +6. GENERAL TERMS. This PgPro License shall be governed by, and interpreted +under, State of California, United States of America, law. Except as +expressly agreed in a signed written agreement with Customer, PgPro may +update the terms of this PgPro License at its sole discretion with 90 days +prior notice to Customer and PgPro does not accept, and hereby expressly +rejects, any additional or conflicting terms that Customer may propose or +communicate in standard procurement terms or otherwise.