From 24fbfbebf13ec83da2a5cb964658ff904215cee9 Mon Sep 17 00:00:00 2001 From: Sam Roberts Date: Tue, 3 Nov 2015 12:27:49 -0800 Subject: [PATCH] Refer to licenses with a link --- LICENSE | 311 ----------------------------------------------------- LICENSE.md | 9 ++ 2 files changed, 9 insertions(+), 311 deletions(-) delete mode 100644 LICENSE create mode 100644 LICENSE.md diff --git a/LICENSE b/LICENSE deleted file mode 100644 index a0bafa9..0000000 --- a/LICENSE +++ /dev/null @@ -1,311 +0,0 @@ -Copyright (c) 2013-2015 StrongLoop, Inc and other contributors. - -loopback-boot uses a 'dual license' model. Users may use -loopback-boot under the terms of the MIT license, or under the -StrongLoop License. The text of both is included below. - -MIT license - -Permission is hereby granted, free of charge, to any person obtaining a copy -of this software and associated documentation files (the "Software"), to deal -in the Software without restriction, including without limitation the rights -to use, copy, modify, merge, publish, distribute, sublicense, and/or sell -copies of the Software, and to permit persons to whom the Software is -furnished to do so, subject to the following conditions: - -The above copyright notice and this permission notice shall be included in -all copies or substantial portions of the Software. - -THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR -IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, -FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE -AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER -LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, -OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN -THE SOFTWARE. - -StrongLoop License - -STRONGLOOP SUBSCRIPTION AGREEMENT -PLEASE READ THIS AGREEMENT CAREFULLY BEFORE YOU AGREE TO THESE TERMS. IF YOU -ARE ACTING ON BEHALF OF AN ENTITY, THEN YOU REPRESENT THAT YOU HAVE THE -AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF THAT ENTITY. IF YOU DO NOT -AGREE TO THESE TERMS, YOU SHOULD NOT AGREE TO THE TERMS OF THIS AGREEMENT OR -INSTALL OR USE THE SOFTWARE. -This StrongLoop Subscription Agreement ("Agreement") is made by and between -StrongLoop, Inc. ("StrongLoop") with its principal place of business at 107 S. -B St, Suite 220, San Mateo, CA 94401 and the person or entity entering into this -Agreement ("Customer"). The effective date ("Effective Date") of this Agreement -is the date Customer agrees to these terms or installs or uses the Software (as -defined below). This Agreement applies to Customer's use of the Software but it -shall be superseded by any signed agreement between you and StrongLoop -concerning the Software. -1. Subscriptions and Licenses. -1.1 Subscriptions. StrongLoop offers five different subscription levels to its -customers, each as more particularly described on StrongLoop's website located -at www.strongloop.com (the "StrongLoop Site"): (1) Free; (2) Developer; (3) -Professional; (4) Gold; and (5) Platinum. The actual subscription level -applicable to Customer (the "Subscription") will be specified in the purchase -order that Customer issues to StrongLoop. This Agreement applies to Customer -regardless of the level of the Subscription selected by Customer and whether or -not Customer upgrades or downgrades its Subscription. StrongLoop hereby agrees -to provide the services as described on the StrongLoop Site for each -Subscription level during the term for which Customer has purchased the -applicable Subscription, subject to Customer paying the fees applicable to the -Subscription level purchased, if any (the "Subscription Fees"). StrongLoop may -modify the services to be provided under any Subscription upon notice to -Customer. -1.2 License Grant. Subject to the terms and conditions of this Agreement, -StrongLoop grants to Customer, during the Subscription Term (as defined in -Section 7.1 (Term and Termination) of this Agreement, a limited, non-exclusive, -non-transferable right and license, to install and use the StrongLoop Suite -software (the "Software") and the documentation made available electronically as -part of the Software (the "Documentation"), either of which may be modified -during the Term (as defined in Section 7.1 below), solely for development, -production and commercial purposes so long as Customer is using the Software to -run only one process on a given operating system at a time. This Agreement, -including but not limited to the license and restrictions contained herein, -apply to Customer regardless of whether Customer accesses the Software via -download from the StrongLoop Site or through a third-party website or service, -even if Customer acquired the Software prior to agreeing to this Agreement. -1.3 License Restrictions. Customer shall not itself, or through any parent, -subsidiary, affiliate, agent or other third party: - 1.3.1 sell, lease, license, distribute, sublicense or otherwise transfer - in whole or in part, any Software or the Documentation to a third party; - or - 1.3.2 decompile, disassemble, translate, reverse engineer or otherwise - attempt to derive source code from the Software, in whole or in part, nor - shall Customer use any mechanical, electronic or other method to trace, - decompile, disassemble, or identify the source code of the Software or - encourage others to do so, except to the limited extent, if any, that - applicable law permits such acts notwithstanding any contractual - prohibitions, provided, however, before Customer exercises any rights that - Customer believes to be entitled to based on mandatory law, Customer shall - provide StrongLoop with thirty (30) days prior written notice and provide - all reasonably requested information to allow StrongLoop to assess - Customer's claim and, at StrongLoop's sole discretion, to provide - alternatives that reduce any adverse impact on StrongLoop's intellectual - property or other rights; or - 1.3.3 allow access or permit use of the Software by any users other than - Customer's employees or authorized third-party contractors who are - providing services to Customer and agree in writing to abide by the terms - of this Agreement, provided further that Customer shall be liable for any - failure by such employees and third-party contractors to comply with the - terms of this Agreement and no usage restrictions, if any, shall be - exceeded; or - 1.3.4 create, develop, license, install, use, or deploy any third party - software or services to circumvent or provide access, permissions or - rights which violate the license keys embedded within the Software; or - 1.3.5 modify or create derivative works based upon the Software or - Documentation; or disclose the results of any benchmark test of the - Software to any third party without StrongLoop's prior written approval; - or - 1.3.6 change any proprietary rights notices which appear in the Software - or Documentation; or - 1.3.7 use the Software as part of a time sharing or service bureau - purposes or in any other resale capacity. -1.4 Third-Party Software. The Software may include individual certain software -that is owned by third parties, including individual open source software -components (the "Third-Party Software"), each of which has its own copyright and -its own applicable license conditions. Such third-party software is licensed to -Customer under the terms of the applicable third-party licenses and/or copyright -notices that can be found in the LICENSES file, the Documentation or other -materials accompanying the Software, except that Sections 5 (Warranty -Disclaimer) and 6 (Limitation of Liability) also govern Customer's use of the -third-party software. Customer agrees to comply with the terms and conditions -of the relevant third-party software licenses. -2. Support Services. StrongLoop has no obligation to provide any support for -the Software other than the support services specifically described on the -StrongLoop Site for the Subscription level procured by Customer. However, -StrongLoop has endeavored to establish a community of users of the Software who -have provided their own feedback, hints and advice regarding their experiences -in using the Software. You can find that community and user feedback on the -StrongLoop Site. The use of any information, content or other materials from, -contained in or on the StrongLoop Site are subject to the StrongLoop website -terms of use located here http://www.strongloop.com/terms-of-service. -3. Confidentiality. For purposes of this Agreement, "Confidential Information" -means any and all information or proprietary materials (in every form and media) -not generally known in the relevant trade or industry and which has been or is -hereafter disclosed or made available by StrongLoop to Customer in connection -with the transactions contemplated under this Agreement, including (i) all trade -secrets, (ii) existing or contemplated Software, services, designs, technology, -processes, technical data, engineering, techniques, methodologies and concepts -and any related information, and (iii) information relating to business plans, -sales or marketing methods and customer lists or requirements. For a period of -five (5) years from the date of disclosure of the applicable Confidential -Information, Customer shall (i) hold the Confidential Information in trust and -confidence and avoid the disclosure or release thereof to any other person or -entity by using the same degree of care as it uses to avoid unauthorized use, -disclosure, or dissemination of its own Confidential Information of a similar -nature, but not less than reasonable care, and (ii) not use the Confidential -Information for any purpose whatsoever except as expressly contemplated under -this Agreement; provided that, to the extent the Confidential Information -constitutes a trade secret under law, Customer agrees to protect such -information for so long as it qualifies as a trade secret under applicable law. -Customer shall disclose the Confidential Information only to those of its -employees and contractors having a need to know such Confidential Information -and shall take all reasonable precautions to ensure that such employees and -contractors comply with the provisions of this Section. The obligations of -Customer under this Section shall not apply to information that Customer can -demonstrate (i) was in its possession at the time of disclosure and without -restriction as to confidentiality, (ii) at the time of disclosure is generally -available to the public or after disclosure becomes generally available to the -public through no breach of agreement or other wrongful act by Customer, (iii) -has been received from a third party without restriction on disclosure and -without breach of agreement by Customer, or (iv) is independently developed by -Customer without regard to the Confidential Information. In addition, Customer -may disclose Confidential Information as required to comply with binding orders -of governmental entities that have jurisdiction over it; provided that Customer -gives StrongLoop reasonable written notice to allow StrongLoop to seek a -protective order or other appropriate remedy, discloses only such Confidential -Information as is required by the governmental entity, and uses commercially -reasonable efforts to obtain confidential treatment for any Confidential -Information disclosed. Notwithstanding the above, Customer agrees that -StrongLoop, its employees and agents shall be free to use and employ their -general skills, know-how, and expertise, and to use, disclose, and employ any -generalized ideas, concepts, know-how, methods, techniques or skills gained or -learned during the Term or thereafter. -4. Ownership. StrongLoop shall retain all intellectual property and proprietary -rights in the Software, Documentation, and related works, including but not -limited to any derivative work of the foregoing and StrongLoop's licensors shall -retain all intellectual property and proprietary rights in any Third-Party -Software that may be provided with or as a part of the Software. Customer shall -do nothing inconsistent with StrongLoop's or its licensors' title to the -Software and the intellectual property rights embodied therein, including, but -not limited to, transferring, loaning, selling, assigning, pledging, or -otherwise disposing, encumbering, or suffering a lien or encumbrance upon or -against any interest in the Software. The Software (including any Third-Party -Software) contain copyrighted material, trade secrets and other proprietary -material of StrongLoop and/or its licensors. -5. Warranty Disclaimer. THE SOFTWARE (INCLUDING ANY THIRD-PARTY SOFTWARE) AND -DOCUMENTATION MADE AVAILABLE TO CUSTOMER ARE PROVIDED "AS-IS" AND STRONGLOOP, -ON BEHALF OF ITSELF AND ITS LICENSORS, EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY -KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES -OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, -PERFORMANCE, AND ACCURACY AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, -COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. STRONGLOOP DOES -NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR -ERROR-FREE, THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED OR THAT THE SOFTWARE -WILL PROVIDE OR ENSURE ANY PARTICULAR RESULTS OR OUTCOME. NO ORAL OR WRITTEN -INFORMATION OR ADVICE GIVEN BY STRONGLOOP OR ITS AUTHORIZED REPRESENTATIVES -SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. -STRONGLOOP IS NOT OBLIGATED TO PROVIDE CUSTOMER WITH UPGRADES TO THE SOFTWARE, -BUT MAY ELECT TO DO SO IN ITS SOLE DISCRETION. SOME JURISDICTIONS DO NOT ALLOW -THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO -CUSTOMER.WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMER, THE -SOFTWARE AND DOCUMENTATION ARE NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE IN -THE PLANNING, CONSTRUCTION, MAINTENANCE, CONTROL, OR DIRECT OPERATION OF NUCLEAR -FACILITIES, AIRCRAFT NAVIGATION, CONTROL OR COMMUNICATION SYSTEMS, WEAPONS -SYSTEMS, OR DIRECT LIFE SUPPORT SYSTEMS. -6. Limitation of Liability. - 6.1 Exclusion of Liability. IN NO EVENT WILL STRONGLOOP OR ITS LICENSORS - BE LIABLE UNDER THIS AGREEMENT FOR ANY INDIRECT, RELIANCE, PUNITIVE, - CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR INCIDENTAL DAMAGES OF ANY KIND AND - HOWEVER CAUSED (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF - BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND - THE LIKE), EVEN IF STRONGLOOP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH - DAMAGES. CUSTOMER BEARS FULL RESPONSIBILITY FOR USE OF THE SOFTWARE AND - THE SUBSCRIPTION AND STRONGLOOP DOES NOT GUARANTEE THAT THE USE OF THE - SOFTWARE AND SUBSCRIPTION WILL ENSURE THAT CUSTOMER'S NETWORK WILL BE - AVAILABLE, SECURE, MONITORED OR PROTECTED AGAINST ANY DOWNTIME, DENIAL OF - SERVICE ATTACKS, SECUITY BREACHES, HACKERS AND THE LIKE. IN NO EVENT WILL - STRONGLOOP'S CUMULATIVE LIABILITY FOR ANY DAMAGES, LOSSES AND CAUSES OF - ACTION (WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE) - ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE GREATER OF ONE - HUNDRED DOLLARS (US$100) OR THE TOTAL SUBSCRIPTION FEES PAID BY CUSTOMER - TO STRONGLOOP IN THE TWELVE (12) MONTHS PRECEDING THE DATE THE CLAIM - ARISES. - 6.2 Limitation of Damages. IN NO EVENT WILL STRONGLOOP'S LICENSORS HAVE - ANY LIABILITY FOR ANY CLAIM ARISING IN CONNECTION WITH THIS AGREEMENT. - THE PROVISIONS OF THIS SECTION 6 ALLOCATE RISKS UNDER THIS AGREEMENT - BETWEEN CUSTOMER, STRONGLOOP AND STRONGLOOP'S SUPPLIERS. THE FOREGOING - LIMITATIONS, EXCLUSIONS AND DISCLAIMERS APPLY TO THE MAXIMUM EXTENT - PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS IN ITS ESSENTIAL - PURPOSE. - 6.3 Failure of Essential Purpose. THE PARTIES AGREE THAT THESE - LIMITATIONS SHALL APPLY EVEN IF THIS AGREEMENT OR ANY LIMITED REMEDY - SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. - 6.4 Allocation of Risk. The sections on limitation of liability and - disclaimer of warranties allocate the risks in the Agreement between the - parties. This allocation is an essential element of the basis of the - bargain between the parties. -7. Term and Termination. -7.1 This Agreement shall commence on the Effective Date and continue for so long -as Customer has a valid Subscription and is current on the payment of any -Subscription Fees required to be paid for that Subscription (the "Subscription -Term"). Either party may terminate this Agreement immediately upon written -notice to the other party, and the Subscription and licenses granted hereunder -automatically terminate upon the termination of this Agreement. This Agreement -will terminate immediately without notice from StrongLoop if Customer fails to -comply with or otherwise breaches any provision of this Agreement. -7.2 All Sections other than Section 1.1 (Subscriptions) and 1.2 (Licenses) shall -survive the expiration or termination of this Agreement. -8. Subscription Fees and Payments. StrongLoop, Customer agrees to pay -StrongLoop the Subscription Fees as described on the StrongLoop Site for the -Subscription purchased unless a different amount has been agreed to in a -separate agreement between Customer and StrongLoop. In addition, Customer shall -pay all sales, use, value added, withholding, excise taxes and other tax, duty, -custom and similar fees levied upon the delivery or use of the Software and the -Subscriptions described in this Agreement. Fees shall be invoiced in full upon -StrongLoop's acceptance of Customer's purchase order for the Subscription. All -invoices shall be paid in US dollars and are due upon receipt and shall be paid -within thirty (30) days. Payments shall be made without right of set-off or -chargeback. If Customer does not pay the invoices when due, StrongLoop may -charge interest at one percent (1%) per month or the highest rate permitted by -law, whichever is lower, on the unpaid balance from the original due date. If -Customer fails to pay fees in accordance with this Section, StrongLoop may -suspend fulfilling its obligations under this Agreement (including but not -limited to suspending the services under the Subscription) until payment is -received by StrongLoop. If any applicable law requires Customer to withhold -amounts from any payments to StrongLoop under this Agreement, (a) Customer shall -effect such withholding, remit such amounts to the appropriate taxing -authorities and promptly furnish StrongLoop with tax receipts evidencing the -payments of such amounts and (b) the sum payable by Customer upon which the -deduction or withholding is based shall be increased to the extent necessary to -ensure that, after such deduction or withholding, StrongLoop receives and -retains, free from liability for such deduction or withholding, a net amount -equal to the amount StrongLoop would have received and retained absent the -required deduction or withholding. -9. General. -9.1 Compliance with Laws. Customer shall abide by all local, state, federal and -international laws, rules, regulations and orders applying to Customer's use of -the Software, including, without limitation, the laws and regulations of the -United States that may restrict the export and re-export of certain commodities -and technical data of United States origin, including the Software. Customer -agrees that it will not export or re-export the Software without the appropriate -United States or foreign government licenses. -9.2 Entire Agreement. This Agreement constitutes the entire agreement between -the parties concerning the subject matter hereof. This Agreement supersedes all -prior or contemporaneous discussions, proposals and agreements between the -parties relating to the subject matter hereof. No amendment, modification or -waiver of any provision of this Agreement shall be effective unless in writing -and signed by both parties. Any additional or different terms on any purchase -orders issued by Customer to StrongLoop shall not be binding on either party, -are hereby rejected by StrongLoop and void. -9.3 Severability. If any provision of this Agreement is held to be invalid or -unenforceable, the remaining portions shall remain in full force and effect and -such provision shall be enforced to the maximum extent possible so as to effect -the intent of the parties and shall be reformed to the extent necessary to make -such provision valid and enforceable. -9.4 Waiver. No waiver of rights by either party may be implied from any actions -or failures to enforce rights under this Agreement. -9.5 Force Majeure. Neither party shall be liable to the other for any delay or -failure to perform due to causes beyond its reasonable control (excluding -payment of monies due). -9.6 No Third Party Beneficiaries. Unless otherwise specifically stated, the -terms of this Agreement are intended to be and are solely for the benefit of -StrongLoop and Customer and do not create any right in favor of any third party. -9.7 Governing Law and Jurisdiction. This Agreement shall be governed by the -laws of the State of California, without reference to the principles of -conflicts of law. The provisions of the Uniform Computerized Information -Transaction Act and United Nations Convention on Contracts for the International -Sale of Goods shall not apply to this Agreement. The parties shall attempt to -resolve any dispute related to this Agreement informally, initially through -their respective management, and then by non-binding mediation in San Francisco -County, California. Any litigation related to this Agreement shall be brought -in the state or federal courts located in San Francisco County, California, and -only in those courts and each party irrevocably waives any objections to such -venue. -9.8 Notices. All notices must be in writing and shall be effective three (3) -days after the date sent to the other party's headquarters, Attention Chief -Financial Officer. diff --git a/LICENSE.md b/LICENSE.md new file mode 100644 index 0000000..ca2e8c9 --- /dev/null +++ b/LICENSE.md @@ -0,0 +1,9 @@ +Copyright (c) 2013-2015 StrongLoop, Inc and other contributors. + +loopback-boot uses a dual license model. + +You may use this library under the terms of the [MIT License][], +or under the terms of the [StrongLoop Subscription Agreement][]. + +[MIT License]: http://opensource.org/licenses/MIT +[StrongLoop Subscription Agreement]: http://strongloop.com/license