{
  "key": "cockroach",
  "short_name": "CCL",
  "name": "Cockroach Community License",
  "category": "Source-available",
  "owner": "Cockroachlabs",
  "homepage_url": "https://www.cockroachlabs.com/cockroachdb-community-license",
  "spdx_license_key": "LicenseRef-scancode-cockroach",
  "text_urls": [
    "https://github.com/cockroachdb/cockroach/blob/master/licenses/CCL.txt"
  ],
  "ignorable_urls": [
    "http://www.apache.org/licenses/LICENSE-2.0",
    "https://cla-assistant.io/cockroachdb/cockroach",
    "https://github.com/cockroachdb/cockroach"
  ],
  "text": "CockroachDB Community License Agreement\n\nPlease read this CockroachDB Community License Agreement (the \"Agreement\")\ncarefully before using CockroachDB (as defined below), which is offered by\nCockroach Labs, Inc. or its affiliated Legal Entities (\"Cockroach Labs\").\n\nBy downloading CockroachDB or using it in any manner, You agree that You have\nread and agree to be bound by the terms of this Agreement.If You are accessing\nCockroachDB on behalf of a Legal Entity, You represent and warrant that You have\nthe authority to agree to these terms on its behalf and the right to bind that\nLegal Entity to this Agreement.Use of CockroachDB is expressly conditioned upon\nYour assent to all the terms of this Agreement, to the exclusion of all other\nterms.\n\n1. Definitions.In addition to other terms defined elsewhere in this Agreement,\nthe terms below have the following meanings.\n\n(a) \"CockroachDB\" shall mean the SQL database software provided by Cockroach\nLabs, including both CockroachDB Core and CockroachDB Enterprise editions, as\ndefined below.\n\n(b) \"CockroachDB Core\" shall mean the open source version of CockroachDB,\navailable free of charge at\n\nhttps://github.com/cockroachdb/cockroach\n\n(c) \"Cockroach Enterprise Edition\" shall mean the additional features made\navailable by Cockroach Labs, the use of which is subject to additional terms set\nout below.\n\n(d) \"Contribution\" shall mean any work of authorship, including the original\nversion of the Work and any modifications or additions to that Work or\nDerivative Works thereof, that is intentionally submitted Cockroach Labs for\ninclusion in the Work by the copyright owner or by an individual or Legal Entity\nauthorized to submit on behalf of the copyright owner.For the purposes of this\ndefinition, \"submitted\" means any form of electronic, verbal, or written\ncommunication sent to Cockroach Labs or its representatives, including but not\nlimited to communication on electronic mailing lists, source code control\nsystems, and issue tracking systems that are managed by, or on behalf of,\nCockroach Labs for the purpose of discussing and improving the Work, but\nexcluding communication that is conspicuously marked or otherwise designated in\nwriting by the copyright owner as \"Not a Contribution.\"\n\n(e) \"Contributor\" shall mean any copyright owner or individual or Legal\nEntity authorized by the copyright owner, other than Cockroach Labs, from whom\nCockroach Labs receives a Contribution that Cockroach Labs subsequently\nincorporates within the Work.\n\n(f) \"Derivative Works\" shall mean any work, whether in Source or Object\nform, that is based on (or derived from) the Work, such as a translation,\nabridgement, condensation, or any other recasting, transformation, or adaptation\nfor which the editorial revisions, annotations, elaborations, or other\nmodifications represent, as a whole, an original work of authorship. For the\npurposes of this License, Derivative Works shall not include works that remain\nseparable from, or merely link (or bind by name) to the interfaces of, the Work\nand Derivative Works thereof.\n\n(g) \"Legal Entity\" shall mean the union of the acting entity and all other\nentities that control, are controlled by, or are under common control with that\nentity.For the purposes of this definition, \"control\" means (i) the power,\ndirect or indirect, to cause the direction or management of such entity, whether\nby contract or otherwise, or (ii) ownership of fifty percent (50%) or more of\nthe outstanding shares, or (iii) beneficial ownership of such entity.\n\n(h) \"License\" shall mean the terms and conditions for use, reproduction, and\ndistribution of a Work as defined by this Agreement.\n\n(i) \"Licensor\" shall mean Cockroach Labs or a Contributor, as applicable.\n\n(j) \"Object\" form shall mean any form resulting from mechanical\ntransformation or translation of a Source form, including but not limited to\ncompiled object code, generated documentation, and conversions to other media\ntypes.\n\n(k) \"Source\" form shall mean the preferred form for making modifications,\nincluding but not limited to software source code, documentation source, and\nconfiguration files.\n\n(l) \"Third Party Works\" shall mean Works, including Contributions, and other\ntechnology owned by a person or Legal Entity other than Cockroach Labs, as\nindicated by a copyright notice that is included in or attached to such Works or\ntechnology.\n\n(m) \"Work\" shall mean the work of authorship, whether in Source or Object\nform, made available under a License, as indicated by a copyright notice that is\nincluded in or attached to the work.\n\n(n) \"You\" (or \"Your\") shall mean an individual or Legal Entity\nexercising permissions granted by this License.\n\n2. Licenses.\n\n(a) License to CockroachDB Core.The License for CockroachDB Core is the Apache\nLicense, Version 2.0 (\"Apache License\").The Apache License includes a grant\nof patent license, as well as redistribution rights that are contingent on\nseveral requirements.Please see\n\nhttp://www.apache.org/licenses/LICENSE-2.0\n\nfor full terms.CockroachDB Core is a no-cost, entry-level license and as such,\ncontains the following disclaimers: NOTWITHSTANDING ANYTHING TO THE CONTRARY\nHEREIN, COCKROACHDB CORE IS PROVIDED \"AS IS\" AND \"AS AVAILABLE\", AND ALL\nEXPRESS OR IMPLIED WARRANTIES ARE EXCLUDED AND DISCLAIMED, INCLUDING WITHOUT\nLIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR\nPURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN\nLAW OR FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USE IN TRADE.For\nclarity, the terms of this Agreement, other than the relevant definitions in\nSection 1 and this Section 2(a) do not apply to CockroachDB Core.\n\n(b) License to CockroachDB Enterprise Edition.\n\ni Grant of Copyright License: Subject to the terms of this Agreement, Licensor\nhereby grants to You a worldwide, non-exclusive, non-transferable limited\nlicense to reproduce, prepare Enterprise Derivative Works (as defined below) of,\npublicly display, publicly perform, sublicense, and distribute CockroachDB\nEnterprise Edition for Your business purposes, for so long as You are not in\nviolation of this Section 2(b) and are current on all payments required by\nSection 4 below.\n\nii Grant of Patent License: Subject to the terms of this Agreement, Licensor\nhereby grants to You a worldwide, non-exclusive, non-transferable limited patent\nlicense to make, have made, use, offer to sell, sell, import, and otherwise\ntransfer CockroachDB Enterprise Edition, where such license applies only to\nthose patent claims licensable by Licensor that are necessarily infringed by\ntheir Contribution(s) alone or by combination of their Contribution(s) with the\nWork to which such Contribution(s) was submitted.If You institute patent\nlitigation against any entity (including a cross-claim or counterclaim in a\nlawsuit) alleging that the Work or a Contribution incorporated within the Work\nconstitutes direct or contributory patent infringement, then any patent licenses\ngranted to You under this License for that Work shall terminate as of the date\nsuch litigation is filed.\n\niii License to Third Party Works:From time to time Cockroach Labs may use, or\nprovide You access to, Third Party Works in connection CockroachDB Enterprise\nEdition.You acknowledge and agree that in addition to this Agreement, Your use\nof Third Party Works is subject to all other terms and conditions set forth in\nthe License provided with or contained in such Third Party Works.Some Third\nParty Works may be licensed to You solely for use with CockroachDB Enterprise\nEdition under the terms of a third party License, or as otherwise notified by\nCockroach Labs, and not under the terms of this Agreement.You agree that the\nowners and third party licensors of Third Party Works are intended third party\nbeneficiaries to this Agreement.\n\n3. Support.From time to time, in its sole discretion, Cockroach Labs may offer\nprofessional services or support for CockroachDB, which may now or in the future\nbe subject to additional fees.\n\n4. Fees for CockroachDB Enterprise Edition or CockroachDB Support.\n\n(a) Fees.The License to CockroachDB Enterprise Edition is conditioned upon Your\npayment of the fees specified on\n\n/pricing/\n\nwhich You agree to pay to Cockroach Labs in accordance with the payment terms\nset out on that page.Any professional services or support for CockroachDB may\nalso be subject to Your payment of fees, which will be specified by Cockroach\nLabs when you sign up to receive such professional services or support.\nCockroach Labs reserves the right to change the fees at any time with prior\nwritten notice; for recurring fees, any such adjustments will take effect as of\nthe next pay period.\n\n(b) Overdue Payments and Taxes. Overdue payments are subject to a service charge\nequal to the lesser of 1.5% per month or the maximum legal interest rate allowed\nby law, and You shall pay all Cockroach Labs\u2019 reasonable costs of collection,\nincluding court costs and attorneys\u2019 fees.Fees are stated and payable in U.S.\ndollars and are exclusive of all sales, use, value added and similar taxes,\nduties, withholdings and other governmental assessments (but excluding taxes\nbased on Cockroach Labs\u2019 income) that may be levied on the transactions\ncontemplated by this Agreement in any jurisdiction, all of which are Your\nresponsibility unless you have provided Cockroach Labs with a valid tax-exempt\ncertificate.\n\n(c) Record-keeping and Audit.If fees for CockroachDB Enterprise Edition are\nbased on the number of cores or servers running on CockroachDB Enterprise\nEdition or another use-based unit of measurement, You must maintain complete and\naccurate records with respect Your use of CockroachDB Enterprise Edition and\nwill provide such records to Cockroach Labs for inspection or audit upon\nCockroach Labs\u2019 reasonable request.If an inspection or audit uncovers\nadditional usage by You for which fees are owed under this Agreement, then You\nshall pay for such additional usage at Cockroach Labs\u2019 then-current rates.\n\n5. Trial License.If You have signed up for a trial or evaluation of CockroachDB\nEnterprise Edition, Your License to CockroachDB Enterprise Edition is granted\nwithout charge for the trial or evaluation period specified when You signed up,\nor if no term was specified, for thirty (30) calendar days, provided that Your\nLicense is granted solely for purposes of Your internal evaluation of Cockroach\nEnterprise Edition during the trial or evaluation period (a \"Trial\nLicense\").You may not use CockroachDB Enterprise Edition under a Trial License\nmore than once in any twelve (12) month period.Cockroach Labs may revoke a Trial\nLicense at any time and for any reason.Sections 3, 4, 9 and 11 of this Agreement\ndo not apply to Trial Licenses.\n\n6. Redistribution.You may reproduce and distribute copies of the Work or\nDerivative Works thereof in any medium, with or without modifications, and in\nSource or Object form, provided that You meet the following conditions:\n\n(a) You must give any other recipients of the Work or Derivative Works a copy of\nthis License; and\n\n(b) You must cause any modified files to carry prominent notices stating that\nYou changed the files; and\n\n(c) You must retain, in the Source form of any Derivative Works that You\ndistribute, all copyright, patent, trademark, and attribution notices from the\nSource form of the Work, excluding those notices that do not pertain to any part\nof the Derivative Works; and\n\n(d) If the Work includes a \"NOTICE\" text file as part of its distribution,\nthen any Derivative Works that You distribute must include a readable copy of\nthe attribution notices contained within such NOTICE file, excluding those\nnotices that do not pertain to any part of the Derivative Works, in at least one\nof the following places: within a NOTICE text file distributed as part of the\nDerivative Works; within the Source form or documentation, if provided along\nwith the Derivative Works; or, within a display generated by the Derivative\nWorks, if and wherever such third-party notices normally appear.The contents of\nthe NOTICE file are for informational purposes only and do not modify the\nLicense.You may add Your own attribution notices within Derivative Works that\nYou distribute, alongside or as an addendum to the NOTICE text from the Work,\nprovided that such additional attribution notices cannot be construed as\nmodifying the License.\n\nYou may add Your own copyright statement to Your modifications and may provide\nadditional or different license terms and conditions for use, reproduction, or\ndistribution of Your modifications, or for any such Derivative Works as a whole,\nprovided Your use, reproduction, and distribution of the Work otherwise complies\nwith the conditions stated in this License.\n\n(e) Enterprise Derivative Works: Derivative Works of CockroachDB Enterprise\nEdition (\"Enterprise Derivative Works\") may be made, reproduced and\ndistributed in any medium, with or without modifications, in Source or Object\nform, provided that each Enterprise Derivative Work will be considered to\ninclude a License to CockroachDB Enterprise Edition and thus will be subject to\nthe payment of fees to Cockroach Labs by any user of the Enterprise Derivative\nWork.\n\n7. Submission of Contributions. Unless You explicitly state otherwise, any\nContribution intentionally submitted for inclusion in CockroachDB by You to\nCockroach Labs shall be under the terms and conditions of\n\nhttps://cla-assistant.io/cockroachdb/cockroach\n\n(which is based off of the Apache License), without any additional terms or\nconditions, payments of royalties or otherwise to Your benefit.Notwithstanding\nthe above, nothing herein shall supersede or modify the terms of any separate\nlicense agreement You may have executed with Cockroach Labs regarding such\nContributions.\n\n8. Trademarks.This License does not grant permission to use the trade names,\ntrademarks, service marks, or product names of Licensor, except as required for\nreasonable and customary use in describing the origin of the Work and\nreproducing the content of the NOTICE file.\n\n9. Limited Warranty.\n\n(a) Warranties.Cockroach Labs warrants to You that: (i) CockroachDB Enterprise\nEdition will materially perform in accordance with the applicable documentation\nfor ninety (90) days after initial delivery to You; and (ii) any professional\nservices performed by Cockroach Labs under this Agreement will be performed in a\nworkmanlike manner, in accordance with general industry standards.\n\n(b) Exclusions.Cockroach Labs\u2019 warranties in this Section 9 do not extend to\nproblems that result from: (i) Your failure to implement updates issued by\nCockroach Labs during the warranty period; (ii) any alterations or additions\n(including Enterprise Derivative Works and Contributions) to CockroachDB not\nperformed by or at the direction of Cockroach Labs; (iii) failures that are not\nreproducible by Cockroach Labs; (iv) operation of CockroachDB Enterprise Edition\nin violation of this Agreement or not in accordance with its documentation; (v)\nfailures caused by software, hardware or products not licensed or provided by\nCockroach Labs hereunder; or (vi) Third Party Works.\n\n(c) Remedies.In the event of a breach of a warranty under this Section 9,\nCockroach Labs will, at its discretion and cost, either repair, replace or\nre-perform the applicable Works or services or refund a portion of fees\npreviously paid to Cockroach Labs that are associated with the defective Works\nor services. This is Your exclusive remedy, and Cockroach Labs\u2019 sole\nliability, arising in connection with the limited warranties herein.\n\n10. Disclaimer of Warranty.Except as set out in Section 9, unless required by\napplicable law, Licensor provides the Work (and each Contributor provides its\nContributions) on an \"AS IS\" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY\nKIND, either express or implied, arising out of course of dealing, course of\nperformance, or usage in trade, including, without limitation, any warranties or\nconditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, CORRECTNESS,\nRELIABILITY, or FITNESS FOR A PARTICULAR PURPOSE, all of which are hereby\ndisclaimed.You are solely responsible for determining the appropriateness of\nusing or redistributing Works and assume any risks associated with Your exercise\nof permissions under the applicable License for such Works.\n\n11. Limited Indemnity.\n\n(a) Indemnity.Cockroach Labs will defend, indemnify and hold You harmless\nagainst any third party claims, liabilities or expenses incurred (including\nreasonable attorneys\u2019 fees), as well as amounts finally awarded in a\nsettlement or a non-appealable judgement by a court (\"Losses\"), to the\nextent arising from any claim or allegation by a third party that CockroachDB\nEnterprise Edition infringes or misappropriates a valid United States patent,\ncopyright or trade secret right of a third party; provided that You give\nCockroach Labs: (i) prompt written notice of any such claim or allegation; (ii)\nsole control of the defense and settlement thereof; and (iii) reasonable\ncooperation and assistance in such defense or settlement.If any Work within\nCockroachDB Enterprise Edition becomes or, in Cockroach Labs\u2019 opinion, is\nlikely to become, the subject of an injunction, Cockroach Labs may, at its\noption, (A) procure for You the right to continue using such Work, (B) replace\nor modify such Work so that it becomes non-infringing without substantially\ncompromising its functionality, or, if (A) and (B) are not commercially\npracticable, then (C) terminate Your license to the allegedly infringing Work\nand refund to You a prorated portion of the prepaid and unearned fees for such\ninfringing Work.The foregoing states the entire liability of Cockroach Labs with\nrespect to infringement of patents, copyrights, trade secrets or other\nintellectual property rights.\n\n(b) Exclusions.The foregoing obligations shall not apply to: (i) Works modified\nby any party other than Cockroach Labs (including Enterprise Derivative Works\nand Contributions), if the alleged infringement relates to such modification,\n(ii) Works combined or bundled with any products, processes or materials not\nprovided by Cockroach Labs where the alleged infringement relates to such\ncombination, (iii) use of a version of CockroachDB Enterprise Edition other than\nthe version that was current at the time of such use, as long as a\nnon-infringing version had been released, (iv) any Works created to Your\nspecifications, (v) infringement or misappropriation of any proprietary right in\nwhich You have an interest, or (vi) Third Party Works.You will defend, indemnify\nand hold Cockroach Labs harmless against any Losses arising from any such claim\nor allegation, subject to conditions reciprocal to those in Section 11(a).\n\n12. Limitation of Liability.In no event and under no legal or equitable theory,\nwhether in tort (including negligence), contract, or otherwise, unless required\nby applicable law (such as deliberate and grossly negligent acts), and\nnotwithstanding anything in this Agreement to the contrary, shall Licensor or\nany Contributor be liable to You for (i) any amounts in excess, in the\naggregate, of the fees paid by You to Cockroach Labs under this Agreement in the\ntwelve (12) months preceding the date the first cause of liability arose), or\n(ii) any indirect, special, incidental, punitive, exemplary, reliance, or\nconsequential damages of any character arising as a result of this Agreement or\nout of the use or inability to use the Work (including but not limited to\ndamages for loss of goodwill, profits, data or data use, work stoppage, computer\nfailure or malfunction, cost of procurement of substitute goods, technology or\nservices, or any and all other commercial damages or losses), even if such\nLicensor or Contributor has been advised of the possibility of such damages.\nTHESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL\nPURPOSE OF ANY LIMITED REMEDY.\n\n13. Accepting Warranty or Additional Liability.While redistributing Works or\nDerivative Works thereof, and without limiting your obligations under Section 6,\nYou may choose to offer, and charge a fee for, acceptance of support, warranty,\nindemnity, or other liability obligations and/or rights consistent with this\nLicense.However, in accepting such obligations, You may act only on Your own\nbehalf and on Your sole responsibility, not on behalf of any other Contributor,\nand only if You agree to indemnify, defend, and hold Cockroach Labs and each\nother Contributor harmless for any liability incurred by, or claims asserted\nagainst, such Contributor by reason of your accepting any such warranty or\nadditional liability.\n\n14. General.\n\n(a) Relationship of Parties.You and Cockroach Labs are independent contractors,\nand nothing herein shall be deemed to constitute either party as the agent or\nrepresentative of the other or both parties as joint venturers or partners for\nany purpose.\n\n(b) Export Control.You shall comply with the U.S. Foreign Corrupt Practices Act\nand all applicable export laws, restrictions and regulations of the U.S.\nDepartment of Commerce, and any other applicable U.S. and foreign authority.\n\n(c) Assignment.This Agreement and the rights and obligations herein may not be\nassigned or transferred, in whole or in part, by You without the prior written\nconsent of Cockroach Labs.Any assignment in violation of this provision is\nvoid.This Agreement shall be binding upon, and inure to the benefit of, the\nsuccessors and permitted assigns of the parties.\n\n(d) Governing Law.This Agreement shall be governed by and construed under the\nlaws of the State of New York and the United States without regard to conflicts\nof laws provisions thereof, and without regard to the Uniform Computer\nInformation Transactions Act.\n\n(e) Attorneys\u2019 Fees.In any action or proceeding to enforce rights under this\nAgreement, the prevailing party shall be entitled to recover its costs, expenses\nand attorneys\u2019 fees.\n\n(f) Severability.If any provision of this Agreement is held to be invalid,\nillegal or unenforceable in any respect, that provision shall be limited or\neliminated to the minimum extent necessary so that this Agreement otherwise\nremains in full force and effect and enforceable.\n\n(g) Entire Agreement; Waivers; Modification.This Agreement constitutes the\nentire agreement between the parties relating to the subject matter hereof and\nsupersedes all proposals, understandings, or discussions, whether written or\noral, relating to the subject matter of this Agreement and all past dealing or\nindustry custom. The failure of either party to enforce its rights under this\nAgreement at any time for any period shall not be construed as a waiver of such\nrights. No changes, modifications or waivers to this Agreement will be effective\nunless in writing and signed by both parties."
}