InfiniDB Community Software
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INFINIDB COMMUNITY EDITION
SOURCE SOFTWARE LICENSE AGREEMENT
In order to download or use the Program, you must first agree to the terms and conditions of this License, including without limitation the restrictions on your production use of the Program set forth in Section 2 below. You may not download or use the Program if you do not accept this License and these restrictions. You understand and agree that Calpont will treat your download and use of the Program as acceptance of the terms and conditions of this License.
1. The “License” means this InfiniDB Community Edition Source Software License Agreement entered into between you and Calpont which applies to your use, modification and distribution of the Program. For purposes of this License: "Program" means the InfiniDB Community Edition software, and a "work based on the Program" means either the Program or any derivative work under copyright law: that is to say, a work containing the Program or a portion of it, either verbatim or with modifications and/or translated into another language. (Hereinafter, translation is included without limitation in the term "modification".) “CPU” means one central processing unit with no more than four (4) cores, without regard to whether such processing capacity is contained within one or more physical machines or made available virtually. Each licensee is referred to as "you", and “Calpont” means Calpont Corporation.
Activities other than copying, distribution and modification are not covered by this License; they are outside its scope. The act of running the Program is not restricted except as otherwise set forth in this License, and the output from the Program is covered only if its contents constitute a work based on the Program (independent of having been made by running the Program). Whether that is true depends on what the Program does.
2. You may use, copy and distribute verbatim copies of the Program's source code as you receive it, in any medium, subject to the limitations set forth in this License, provided that you (1) conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty; (2) keep intact all the notices that refer to this License and to the absence of any warranty; (3) do not, and do not permit any recipient or other third party to, lease, rent, loan or otherwise use the Program for service bureau use, as an application service provider, for time-sharing use, for outsourcing use, as an application service provider or managed service provider environment, or as software as a service; and (4) give all other recipients of the Program a copy of this License along with the Program. The Program may be used in development and test deployments with a maximum number of one instance per server utilizing the full computing capacity of the server. However, if you wish to use the Program in a production deployment, you may use the Program for your own internal business purposes only (and not for distribution, redistribution to others or for commercial purposes) with a maximum number of one instance of the Program per server, and you may only utilize the processing capacity of one CPU present within that server. If your server has more than one physical CPU, the Program may be used in production under this License with only one CPU of the server with no more than four (4) cores. If you make use of virtualization, resources available to the Program must not exceed the proportional resources available through one CPU as defined in this License. For example and purposes of illustration only, if your server has sixteen (16) cores, a maximum of 25% of available computing resources, or four (4) cores, may be allocated to the Program. Upon Calpont’s request, you agree to report to Calpont on the number of CPUs and cores of the environment with which you use the Program. If your intended use of the Program differs from the terms of this License, or you wish to distribute the Program for production use by others, contact Calpont regarding InfiniDB commercial licensing programs. You may charge a fee for the physical act of transferring a copy, and you may at your option offer warranty protection in exchange for a fee.
3. You may modify your copy or copies of the Program or any portion of it, thus forming a work based on the Program, and copy and distribute such modifications or work under the terms of Section 2 above, provided that you also meet all of these conditions:
a) You must cause the modified files to carry prominent notices stating that you changed the files and the date of any change.
b) You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this License, including without limitation the limitations on use set forth in Section 2.
c) If the modified program normally reads commands interactively when run, you must cause it, when started running for such interactive use in the most ordinary way, to print or display an announcement including an appropriate copyright notice and a notice that there is no warranty (or else, saying that you provide a warranty) and that users may redistribute the Program under these conditions, and telling the user how to view a copy of this License. (Exception: if the Program itself is interactive but does not normally print such an announcement, your work based on the Program is not required to print an announcement.) These requirements apply to the modified work as a whole. If identifiable sections of that work are not derived from the Program, and are independent and separate works in themselves, then this License, and its terms, do not apply to those sections when you distribute them as separate works. But when you distribute the same sections as part of a whole which is a work based on the Program, the distribution of the whole must be on the terms of this License, whose permissions for other licensees extend to the entire whole, and thus to each and every part regardless of who wrote it.
Thus, it is not the intent of this section to claim rights or contest your rights to work written entirely by you; rather, the intent is to exercise the right to control the distribution of derivative or collective works based on the Program.
In addition, mere aggregation of another work not based on the Program with the Program (or with a work based on the Program) on a volume of a storage medium does not bring the other work under the scope of this License. 4. You may copy and distribute the Program (or a work based on it, under Section 3) in object code or executable form under the terms of Sections 2 and 3 above provided that you also do one of the following:
a) Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 2 and 3 above on a medium customarily used for software interchange; or,
b) Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Sections 2 and 3 above on a medium customarily used for software interchange; or,
c) Accompany it with the information you received as to the offer to distribute corresponding source code. (This alternative is allowed only for noncommercial distribution and only if you received the Program in object code or executable form with such an offer, in accord with Subsection b above.) The source code for a work means the preferred form of the work for making modifications to it. For an executable work, complete source code means all the source code for all modules it contains, plus any associated interface definition files, plus the scripts used to control compilation and installation of the executable. However, as a special exception, the source code distributed need not include anything that is normally distributed (in either source or binary form) with the major components (compiler, kernel, and so on) of the operating system on which the executable runs, unless that component itself accompanies the executable. If distribution of executable or object code is made by offering access to copy from a designated place, then offering equivalent access to copy the source code from the same place counts as distribution of the source code, even though third parties are not compelled to copy the source along with the object code.
5. You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance.
6. Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties to this License.
7. If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Program at all. For example, if a patent license would not permit royalty-free redistribution of the Program by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Program. If any portion of this section is held invalid or unenforceable under any particular circumstance, the balance of the section is intended to apply and the section as a whole is intended to apply in other circumstances. It is not the purpose of this section to induce you to infringe any patents or other property right claims or to contest validity of any such claims; this section has the sole purpose of protecting the integrity of the free software distribution system, which is implemented by public license practices. Many people have made generous contributions to the wide range of software distributed through that system in reliance on consistent application of that system; it is up to the author/donor to decide if he or she is willing to distribute software through any other system and a licensee cannot impose that choice. This section is intended to make thoroughly clear what is believed to be a consequence of the rest of this License.
8. If the distribution and/or use of the Program is restricted in certain countries either by patents or by copyrighted interfaces, the original copyright holder who places the Program under this License may add an explicit geographical distribution limitation excluding those countries, so that distribution is permitted only in or among countries not thus excluded. In such case, this License incorporates the limitation as if written in the body of this License.
9. Calpont may make changes to this License from time to time. When these changes are made, Calpont will make a new copy of the License available at http://www.infinidb.org. You understand and agree that if you use the Program after the date on which the License has changed, Calpont will treat your use as acceptance of the updated License.
10. If you wish to incorporate parts of the Program into other free programs whose distribution conditions are different, write to us to ask for permission.
11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. CALPONT PROVIDES THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL CALPONT, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.