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Update to dual MIT/StrongLoop license

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Raymond Feng 2014-02-17 16:35:08 -08:00
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Copyright (c) 2013 StrongLoop, Inc.
Copyright (c) 2013-2014 StrongLoop, Inc.
loopback-connector-mysql uses a 'dual license' model. Users may use
loopback-connector-mysql 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
@ -17,3 +23,289 @@ 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
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do nothing inconsistent with StrongLoop's or its licensors' title to the
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not limited to, transferring, loaning, selling, assigning, pledging, or
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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.
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6.1 Exclusion of Liability. IN NO EVENT WILL STRONGLOOP OR ITS LICENSORS
BE LIABLE UNDER THIS AGREEMENT FOR ANY INDIRECT, RELIANCE, PUNITIVE,
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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
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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.
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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
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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.

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package.json
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@ -23,5 +23,8 @@
"type": "git",
"url": "https://github.com/strongloop/loopback-connector-mysql.git"
},
"license": "MIT"
"license": {
"name": "Dual MIT/StrongLoop",
"url": "https://github.com/strongloop/loopback-connector-mysql/blob/master/LICENSE"
}
}