LicenseDB: librato-exception

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key: librato-exception
short_name: Librato Open License 1.0
name: Librato Open License Version 1.0
category: Proprietary Free
owner: solarwinds-librato
homepage_url: https://github.com/appoptics/appoptics-apm-ruby/blob/db06514031e962d1ffe7fc1a348895dbf2a6d693/LICENSE
spdx_license_key: LicenseRef-scancode-librato-exception
license_text
Librato Open License
Version 1.0, October, 2016

TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION

1. Definitions.

"License" shall mean the terms and conditions for use, reproduction, and
distribution as defined by Sections 1 through 11 of this document.

"Licensor" shall mean the copyright owner or entity authorized by the copyright
owner that is granting the License.  Licensor can include Librato as an
original contributor to the Work as defined below.

"Legal Entity" shall mean the union of the acting entity and all other entities
that control, are controlled by, or are under common control with that entity.
For the purposes of this definition, "control" means (i) the power, direct or
indirect, to cause the direction or management of such entity, whether by
contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the
outstanding shares, or (iii) beneficial ownership of such entity.

"You" (or "Your") shall mean an individual or Legal Entity exercising
permissions granted by this License.

"Source" form shall mean the preferred form for making modifications, including
but not limited to software source code, documentation source, and
configuration files.

"Object" form shall mean any form resulting from mechanical transformation or
translation of a Source form, including but not limited to compiled object
code, generated documentation, and conversions to other media types.

"Work" shall mean the work of authorship, whether in Source or Object form,
made available under the License, as indicated by a copyright notice that is
included in or attached to the work.

"Derivative Works" shall mean any work, whether in Source or Object form, that
is based on (or derived from) the Work and for which the editorial revisions,
annotations, elaborations, or other modifications represent, as a whole, an
original work of authorship. For the purposes of this License, Derivative Works
shall not include works that remain separable from, or merely link (or bind by
name) to the interfaces of, the Work and Derivative Works thereof.

"Contribution" shall mean any work of authorship, including the original
version of the Work and any modifications or additions to that Work or
Derivative Works thereof, that is intentionally submitted to Licensor for
inclusion in the Work by the copyright owner or by an individual or Legal
Entity authorized to submit on behalf of the copyright owner. For the purposes
of this definition, "submitted" means any form of electronic, verbal, or
written communication sent to the Licensor or its representatives, including
but not limited to communication on electronic mailing lists, source code
control systems, and issue tracking systems that are managed by, or on behalf
of, the Licensor for the purpose of discussing and improving the Work, but
excluding communication that is conspicuously marked or otherwise designated in
writing by the copyright owner as "Not a Contribution."

"Contributor" shall mean Licensor and any individual or Legal Entity on behalf
of whom a Contribution has been received by Licensor and subsequently
incorporated within the Work.

2. Grant of Copyright License.

Subject to the terms and conditions of this License, each Contributor hereby
grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free,
irrevocable copyright license to reproduce, prepare Derivative Works of,
publicly display, publicly perform, sublicense, and distribute the Work and
such Derivative Works in Source or Object form.

3. Grant of Patent License.

Subject to the terms and conditions of this License, each Contributor hereby
grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free,
irrevocable (except as stated in this section) patent license to make, have
made, use, offer to sell, sell, import, and otherwise transfer the Work, where
such license applies only to those patent claims licensable by such Contributor
that are necessarily infringed by their Contribution(s) alone or by combination
of their Contribution(s) with the Work to which such Contribution(s) was
submitted. If You institute patent litigation against any entity (including a
cross-claim or counterclaim in a lawsuit) alleging that the Work or a
Contribution incorporated within the Work constitutes direct or contributory
patent infringement, then any patent licenses granted to You under this License
for that Work shall terminate as of the date such litigation is filed.

Each time You convey a covered Work, the recipient automatically receives a
license from the original Licensor(s), to run, modify and propagate that work,
subject to this License. You are not responsible for enforcing compliance by
third parties with this License.

You may not impose any further restrictions on the exercise of the rights
granted or affirmed under this License. For example, you may not impose a
license fee, royalty, or other charge for exercise of rights granted under this
License, and you may not initiate litigation (including a cross-claim or
counterclaim in a lawsuit) alleging that any patent claim is infringed by
making, using, selling, offering for sale, or importing the Work or any portion
of it.

4. Redistribution.

You may reproduce and distribute copies of the Work or Derivative Works thereof
in any medium, with or without modifications, and in Source or Object form,
provided that You meet the following conditions:

  1. You must give any other recipients of the Work or Derivative Works a copy
of this License; and
  2. You must cause any modified files to carry prominent notices stating that
You changed the files; and
  3. You must retain, in the Source form of any Derivative Works that You
distribute, all copyright, patent, trademark, and attribution notices from the
Source form of the Work, excluding those notices that do not pertain to any
part of the Derivative Works; and
  4. If the Work includes a "NOTICE" text file as part of its distribution,
then any Derivative Works that You distribute must include a readable copy of
the attribution notices contained within such NOTICE file, excluding those
notices that do not pertain to any part of the Derivative Works, in at least
one of the following places: within a NOTICE text file distributed as part of
the Derivative Works; within the Source form or documentation, if provided
along with the Derivative Works; or, within a display generated by the
Derivative Works, if and wherever such third-party notices normally appear. The
contents of the NOTICE file are for informational purposes only and do not
modify the License. You may add Your own attribution notices within Derivative
Works that You distribute, alongside or as an addendum to the NOTICE text from
the Work, provided that such additional attribution notices cannot be construed
as modifying the License.

You may add Your own copyright statement to Your modifications and may provide
additional or different license terms and conditions for use, reproduction, or
distribution of Your modifications, or for any such Derivative Works as a
whole, provided Your use, reproduction, and distribution of the Work otherwise
complies with the conditions stated in this License.

5. Submission of Contributions.

Unless You explicitly state otherwise, any Contribution intentionally submitted
for inclusion in the Work by You to the Licensor shall be under the terms and
conditions of this License, without any additional terms or conditions.
Notwithstanding the above, nothing herein shall supersede or modify the terms
of any separate license agreement you may have executed with Licensor regarding
such Contributions.

6. Trademarks.

This License does not grant permission to use the trade names, trademarks,
service marks, or product names of the Licensor, except as required for
reasonable and customary use in describing the origin of the Work and
reproducing the content of the NOTICE file.

7. Disclaimer of Warranty.

Unless required by applicable law or agreed to in writing, Licensor provides
the Work (and each Contributor provides its Contributions) on an "AS IS" BASIS,
WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied,
including, without limitation, any warranties or conditions of TITLE,
NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are
solely responsible for determining the appropriateness of using or
redistributing the Work and assume any risks associated with Your exercise of
permissions under this License.

8. Limitation of Liability.

In no event and under no legal theory, whether in tort (including negligence),
contract, or otherwise, unless required by applicable law (such as deliberate
and grossly negligent acts) or agreed to in writing, shall any Contributor be
liable to You for damages, including any direct, indirect, special, incidental,
or consequential damages of any character arising as a result of this License
or out of the use or inability to use the Work (including but not limited to
damages for loss of goodwill, work stoppage, computer failure or malfunction,
or any and all other commercial damages or losses), even if such Contributor
has been advised of the possibility of such damages.

9. Accepting Warranty or Additional Liability.

While redistributing the Work or Derivative Works thereof, You may choose to
offer, and charge a fee for, acceptance of support, warranty, indemnity, or
other liability obligations and/or rights consistent with this License.
However, in accepting such obligations, You may act only on Your own behalf and
on Your sole responsibility, not on behalf of any other Contributor, and only
if You agree to indemnify, defend, and hold each Contributor harmless for any
liability incurred by, or claims asserted against, such Contributor by reason
of your accepting any such warranty or additional liability.

10. Noncompetition

You may install and execute the Work only in conjunction with the direct use of
Librato software.  This Work, any file or any derivative thereof shall not be
used in conjunction with any product that competes with any Librato software.

11. Termination

The License stated above is automatically terminated and revoked if you exceed
its scope or violate any of the terms of this License or any related License or
notice.

END OF TERMS AND CONDITIONS