[pkgsrc/trunk]: pkgsrc/licenses licenses: add timescale-license

[tnn <tnn%pkgsrc.org@localhost>]

details:   https://anonhg.NetBSD.org/pkgsrc/rev/4b1aea3266ca
branches:  trunk
changeset: 446795:4b1aea3266ca
user:      tnn <tnn%pkgsrc.org@localhost>
date:      Sat Feb 13 11:31:10 2021 +0000

description:
licenses: add timescale-license

source:
https://github.com/timescale/timescaledb/blob/master/tsl/LICENSE-TIMESCALE

diffstat:

 licenses/timescale-license |  311 +++++++++++++++++++++++++++++++++++++++++++++
 1 files changed, 311 insertions(+), 0 deletions(-)

diffs (truncated from 315 to 300 lines):

diff -r aac0995daa67 -r 4b1aea3266ca licenses/timescale-license
--- /dev/null   Thu Jan 01 00:00:00 1970 +0000
+++ b/licenses/timescale-license        Sat Feb 13 11:31:10 2021 +0000
@@ -0,0 +1,311 @@
+TIMESCALE LICENSE AGREEMENT
+
+Posted Date:  September 24, 2020
+
+PLEASE READ CAREFULLY THIS TIMESCALE LICENSE AGREEMENT ("TSL Agreement"), WHICH
+CONSTITUTES A LEGALLY BINDING AGREEMENT AND GOVERNS USE OF THE TIMESCALE
+TIME-SERIES DATABASE SOFTWARE AND RELATED SOFTWARE THAT IS PROVIDED SUBJECT TO
+THIS TSL AGREEMENT.  BY INSTALLING OR USING SUCH SOFTWARE, YOU AGREE THAT YOU
+HAVE READ AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS TSL
+AGREEMENT.  IF YOU DO NOT AGREE WITH SUCH TERMS AND CONDITIONS, YOU MAY NOT
+INSTALL OR USE SUCH SOFTWARE.  IF YOU ARE INSTALLING OR USING SUCH SOFTWARE ON
+BEHALF OF A LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY
+TO AGREE TO THE TERMS AND CONDITIONS OF THIS TSL AGREEMENT ON BEHALF OF THAT
+LEGAL ENTITY AND THE RIGHT TO BIND THAT LEGAL ENTITY TO THIS TSL AGREEMENT.
+
+This TSL Agreement is entered into by and between Timescale, Inc. ("Timescale")
+and you or the legal entity on whose behalf you are accepting this TSL
+Agreement ("You").
+
+0. BACKGROUND
+
+   The Timescale time-series database software and related software is offered
+   as "open code" or "source-available" code.  This means that all source code
+   of the software is available for inspection and download at
+   https://github.com/timescale.  The Timescale software is composed of two
+   major pieces.
+
+   The first piece (referred to herein as the Timescale Open Source Software,
+   as defined below) is open source software that is licensed under the Apache
+   Version 2.0 license.
+
+   The second piece (referred to herein as the TSL Licensed Software, as
+   defined below) is all of the Timescale Software other than the Timescale
+   Open Source Software. The TSL Licensed Software may be used under this TSL
+   Agreement without charge.
+
+1. GOVERNING LICENSES
+
+   1.1 Source Code.  The source code for all Timescale Software is made
+   publicly available by Timescale at https://github.com/timescale.  However,
+   different license agreements govern the use of different parts of the
+   Timescale Software source code.  The use of Timescale Open Source Software,
+   in both source and executable forms, is governed by the terms of the Apache
+   License Version 2.0, a copy of which is available at
+   https://opensource.org/licenses/Apache-2.0.  The use of all other Timescale
+   Software, in both source and executable forms, is governed by this TSL
+   Agreement.
+
+   1.2 License Rights to Your Customers.  As set forth in Section 2.1 below,
+   the use by Your customers of the Timescale Software as part of any Value
+   Added Products or Services that You distribute will be subject to the most
+   current version of this TSL Agreement.
+
+2. GRANT OF LICENSES
+
+   2.1 Grant.  Conditioned upon compliance with all of the terms and conditions
+   of this TSL Agreement, Timescale grants to You at no charge the following
+   limited, non-exclusive, non-transferable, fully paid up, worldwide licenses,
+   without the right to grant or authorize sublicenses (except as set forth in
+   Section 2.3):
+
+      (a) Internal Use.  A license to copy, compile, install, and use the
+      Timescale Software and Derivative Works solely for Your own internal
+      business purposes in a manner that does not expose or give access to,
+      directly or indirectly (e.g., via a wrapper), the Timescale Data
+      Definition Interfaces or the Timescale Data Manipulation Interfaces to
+      any person or entity other than You or Your employees and Contractors
+      working on Your behalf.
+
+      (b) Value Added Products or Services.  A license (i) to copy, compile,
+      install, and use the Timescale Software, Derivative Works, or parts
+      thereof to develop and maintain Your Value Added Products or Services,
+      (ii) to utilize (in the case of services) copies of the Timescale
+      Software, Derivative Works, or parts thereof solely as incorporated
+      into or utilized with Your Value Added Products or Services, and
+      (iii) to distribute (in the case of products that are distributed to
+      Your customers) copies of the Timescale Software binaries or of
+      Derivative Works solely in binary form, and both solely as incorporated
+      into or utilized with Your Value Added Products or Services; provided
+      that (1) You notify Your customers that use of such Timescale Software
+      or Derivative Works is subject to this TSL Agreement and You provide to
+      each such customer a copy of the most current version of this TSL
+      Agreement or a URL from which the most current version of this TSL
+      Agreement may be obtained, and (2) the customer is prohibited, either
+      contractually or technically, from defining, redefining, or modifying
+      the database schema or other structural aspects of database objects,
+      such as through use of the Timescale Data Definition Interfaces, in a
+      Timescale Database utilized by such Value Added Products or Services.
+
+      (c) Distribution of Source Code or Binaries in Standalone Form.  Subject
+      to the prohibitions in Section 2.2 below, a license to copy and
+      distribute the Timescale Software source code and binaries solely in
+      unmodified standalone form and subject to the terms and conditions of
+      the most current version of this TSL Agreement.
+
+      (d) Derivative Works.  A license (i) to prepare, compile, and test
+      Derivative Works of the TSL Licensed Software; (ii) to use Derivative
+      Works for Internal Use solely as expressly permitted in Section 2.1(a);
+      (iii) to utilize Derivative Works with Your Value Added Products or
+      Services solely as expressly permitted in Section 2.1(b); (iv) to
+      distribute Derivative Works in binary form with Your Value Added
+      Products or Services solely as expressly permitted in Section 2.1(b);
+      and (v) to distribute Derivative Works back to Timescale under
+      Timescale's Contributor Agreement for potential incorporation into
+      Timescale's maintained code base at its sole discretion.
+
+   2.2 Prohibitions.  Notwithstanding any other provision in this TSL
+   Agreement, You are prohibited from (i) using any TSL Licensed Software to
+   provide time-sharing services or database-as-a-service services, or to
+   provide any form of software-as-a-service or service offering in which the
+   TSL Licensed Software is offered or made available to third parties to
+   provide time-series database functions or operations, other than as part of
+   Your Value Added Products or Services, or (ii) copying or distributing any
+   TSL Licensed Software for use in any of the foregoing ways.  In addition,
+   You agree not to, except as expressly permitted in Section 2.1(d), prepare
+   Derivative Works of any TSL Licensed Software or, except as expressly
+   permitted herein, transfer, sell, rent, lease, sublicense, loan, or
+   otherwise transfer or make available any TSL Licensed Software, whether in
+   source code or binary executable form.
+
+   2.3 Affiliates and Contractors.  You may permit Your Contractors and
+   Affiliates to exercise the licenses set forth in Section 2.1, provided that
+   such exercise by Contractors must be solely for your benefit and/or the
+   benefit of Your Affiliates, and You shall be responsible for all acts and
+   omissions of such Contractors and Affiliates in connection with such
+   exercise of the licenses, including but not limited to breach of any terms
+   of this TSL Agreement.
+
+   2.4 Reservation of Rights.  Except as expressly set forth in Section 2.1, no
+   other license or rights to the Timescale Software are granted to You under
+   this TSL Agreement, whether by implication, estoppel, or otherwise.
+
+3. DEFINITIONS
+
+   In addition to other terms defined elsewhere in this TSL Agreement, the
+   terms below have the following meanings:
+
+   3.1 "Affiliate" means, if You are a legal entity, any legal entity that
+   controls, is controlled by, or which is under common control with, You,
+   where "control" means ownership of at least fifty percent (50%) of the
+   outstanding voting shares of the legal entity, or the contractual right to
+   establish policy for, and manage the operations of, the legal entity.
+
+   3.2 "Contractor" means a person or entity engaged as a consultant or
+   contractor to perform work on Your behalf, but only to the extent such
+   person or entity is performing such work on Your behalf.
+
+   3.3 "Derivative Work" means any modification or enhancement made by You to
+   the TSL Licensed Software, whether in source code, binary executable,
+   intermediate, or other form.
+
+   3.4 "Timescale Database" means a time-series database that is created
+   and/or used by the Timescale Software.
+
+   3.5 "Timescale Data Definition Interfaces" means SQL commands and other
+   interfaces of the Timescale Software that can be used to define or modify
+   the database schema and other structural aspects of database objects in a
+   Timescale Database, including Data Definition Language (DDL) commands such
+   as CREATE, DROP, ALTER, TRUNCATE, COMMENT, and RENAME.
+
+   3.6 "Timescale Data Manipulation Interfaces" means SQL commands and
+   analytical function, procedural, and other types of application programming
+   interfaces or commands, that allow the use, manipulation, and control of
+   data present in a Timescale Database, including Data Manipulation Language
+   (DDL) commands such as SELECT, INSERT, UPDATE, and DELETE, Data Control
+   Language (DCL) commands such as GRANT and REVOKE, and Transaction Control
+   Language (TCL) commands such as COMMIT, ROLLBACK, SAVEPOINT, and SET
+   TRANSACTION.
+
+   3.7 "Timescale Open Source Software" means those portions of the Timescale
+   Software that Timescale makes publicly available for distribution from time
+   to time as open source software under the terms of the Apache License
+   Version 2.0 or, in some limited instances, under other open source licenses
+   (such as the PostgreSQL license) as identified in the applicable source
+   code files and/or accompanying notices.
+
+   3.8 "Timescale Software" means, collectively, all time-series database
+   software and related software made publicly available by Timescale for
+   distribution from time to time, in both source code and binary executable
+   form, which includes the Timescale Open Source Software and the TSL
+   Licensed Software.
+
+   3.9 "TSL Licensed Software" means those parts of the Timescale Software
+   other than the Timescale Open Source Software.
+
+   3.10 "Value Added Products or Services" means products or services developed
+   by or for You that utilize (for example, as a back-end function or part of a
+   software stack) all or parts of the Timescale Software to provide
+   time-series database storage and operations in support of larger value-added
+   products or services (for example, an IoT platform or vertical-specific
+   application) with respect to which all of the following are true:
+
+      (i) such value-added products or services are not primarily database
+      storage or operations products or services;
+
+      (ii) such value-added products or services add substantial value of a
+      different nature to the time-series database storage and operations
+      afforded by the Timescale Software and are the key functions upon which
+      such products or services are offered and marketed; and
+
+      (iii) users of such Value Added Products or Services are prohibited,
+      either contractually or technically, from defining, redefining, or
+      modifying the database schema or other structural aspects of database
+      objects, such as through use of the Timescale Data Definition Interfaces,
+      in a Timescale Database utilized by such Value Added Products or
+      Services.
+
+4. TERMINATION
+
+   This TSL Agreement will automatically terminate, whether or not You receive
+   notice of such termination from Timescale, in the event You breach any of
+   its terms or conditions.  In accordance with Section 6 below, Timescale
+   shall have no liability for any damage, loss, or expense of any kind,
+   whether consequential, indirect, or direct, suffered or incurred by You
+   arising from or incident to the termination of this TSL Agreement, whether
+   or not Timescale has been advised or is aware of any such potential damage,
+   loss, or expense.
+
+5. DISCLAIMER OF WARRANTIES
+
+   TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ALL TIMESCALE SOFTWARE
+   PROVIDED UNDER THIS TSL AGREEMENT, INCLUDING ALL PORTIONS OF THE TIMESCALE
+   SOFTWARE SUPPLIED ON A TRIAL BASIS, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF
+   ANY KIND AND TIMESCALE DISCLAIMS ALL SUCH WARRANTIES, WHETHER EXPRESS,
+   STATUTORY, OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF
+   MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR
+   NON-INFRINGEMENT, AND ANY IMPLIED WARRANTIES ARISING FROM USAGE OF TRADE,
+   COURSE OF DEALING, OR COURSE OF PERFORMANCE.  WITHOUT LIMITING THE
+   FOREGOING, TIMESCALE MAKES NO WARRANTY OR REPRESENTATION AS TO THE
+   RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, PROFITABILITY, SUPPORT,
+   PERFORMANCE, LOSS OF USE OR LOSS OF DATA, AVAILABILITY, OR ACCURACY OF THE
+   TIMESCALE SOFTWARE.  YOU ACKNOWLEDGE THAT CHANGES MADE BY TIMESCALE TO THE
+   TIMESCALE SOFTWARE MAY DISRUPT INTEROPERATION WITH YOUR VALUE ADDED PRODUCTS
+   OR SERVICES.  TIMESCALE AND ITS LICENSORS DO NOT WARRANT THAT THE TIMESCALE
+   SOFTWARE, OR ANY PORTION THEREOF, IS ERROR FREE OR WILL OPERATE WITHOUT
+   INTERRUPTION, OR THAT ANY VALUE ADDED PRODUCT OR SERVICE INTEROPERATING WITH
+   THE TIMESCALE SOFTWARE WILL NOT EXPERIENCE LOSS OF USE OR LOSS OF DATA.  YOU
+   ACKNOWLEDGE THAT IN ENTERING INTO THIS TSL AGREEMENT, YOU HAVE NOT RELIED ON
+   ANY PROMISE, WARRANTY, OR REPRESENTATION NOT EXPRESSLY SET FORTH IN THIS
+   AGREEMENT.
+
+6. LIMITATION OF LIABILITY
+
+   TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL
+   TIMESCALE OR ITS LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
+   DIRECT OR INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOSS OF PROFITS
+   OR REVENUE, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, COST OF COVER
+   OR SUBSTITUTE GOODS OR SERVICES, OR FOR ANY SPECIAL, INCIDENTAL,
+   CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, HOWEVER CAUSED,
+   RELATED TO, OR ARISING OUT OF THIS TSL AGREEMENT, ITS TERMINATION OR THE
+   PERFORMANCE OR FAILURE TO PERFORM THIS TSL AGREEMENT, OR THE USE OR
+   INABILITY TO USE THE TIMESCALE SOFTWARE, WHETHER ALLEGED AS A BREACH OF
+   CONTRACT, BREACH OF WARRANTY, TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, OR ANY
+   OTHER LEGAL THEORY, EVEN IF TIMESCALE HAS BEEN ADVISED OR IS AWARE OF THE
+   POSSIBILITY OF SUCH DAMAGES.
+
+7. GENERAL
+
+   7.1 Complete Agreement.  This TSL Agreement completely and exclusively
+   states the entire agreement of the parties regarding the subject matter
+   hereof and supersedes all prior proposals, agreements, or other
+   communications between the parties, oral or written, regarding such subject
+   matter.
+
+   7.2 Modification.  This TSL Agreement may be modified by Timescale from time
+   to time, and any such modifications will be effective upon the "Posted Date"
+   set forth at the top of the modified agreement. The modified agreement shall
+   govern any new version of the TSL Licensed Software (and all its constituent
+   source code and binaries) that is officially released as a complete version
+   release by Timescale on or after such Posted Date. Except as set forth in
+   this Section 7.2, this TSL Agreement may not be amended except by a writing
+   executed by both parties.
+
+   7.3 Governing Law.  This TSL Agreement shall be governed by and construed
+   solely under the laws of the State of New York, without application of any
+   choice of law rules or principles that would lead to the applicability of
+   the law of any other jurisdiction.  None of the provisions of either the
+   United Nations Convention on Contracts for the International Sale of Goods
+   or the Uniform Computer Information Transactions Act shall apply.
+
+   7.4 Unenforceability.  If any provision of this TSL Agreement is held
+   unenforceable, the remaining provisions of this TSL Agreement shall remain
+   in effect and the unenforceable provision shall be replaced by an
+   enforceable provision that best reflects the original intent of the parties.
+
+   7.5 Injunctive Relief.  You acknowledge that a breach or threatened breach
+   of any provision of this TSL Agreement will cause irreparable harm to
+   Timescale for which damages at law will not provide adequate relief, and
+   Timescale shall therefore be entitled to injunctive relief against such
+   breach or threatened breach without being required to post a bond.
+
+   7.6 Assignment.  You may not assign this TSL Agreement, including by
+   operation of law in connection with a merger or acquisition or otherwise,
+   in whole or in part, without the prior written consent of Timescale, which
+   Timescale may grant or withhold in its sole and absolute discretion.  Any
+   assignment in violation of the preceding sentence is void.