diff --git a/src/licensedcode/data/licenses/anaconda-tos-2024-03-30.LICENSE b/src/licensedcode/data/licenses/anaconda-tos-2024-03-30.LICENSE new file mode 100644 index 0000000000..9db99232c6 --- /dev/null +++ b/src/licensedcode/data/licenses/anaconda-tos-2024-03-30.LICENSE @@ -0,0 +1,268 @@ +--- +key: anaconda-tos-2024-03-30 +short_name: Anaconda TOS 2024-03-30 +name: Anaconda Terms of Service 2024-03-30 +category: Commercial +owner: Anaconda +homepage_url: https://legal.anaconda.com/policies/en?name=terms-of-service#terms-of-service +spdx_license_key: LicenseRef-scancode-anaconda-tos-2024-03-30 +other_urls: + - https://legal.anaconda.com/policies/en?name=terms-of-service#offering-description-free-tier + - https://legal.anaconda.com/policies/en?name=terms-of-service#offering-description-starter-tier + - https://legal.anaconda.com/policies/en?name=terms-of-service#offering-description-business-tier + - https://legal.anaconda.com/policies/en?name=terms-of-service#offering-description-anaconda-distribution-installer + - https://legal.anaconda.com/policies/en?name=terms-of-service#offering-description-miniconda + - https://legal.anaconda.com/policies/en?name=terms-of-service#offering-description-anaconda-toolbox-in-microsoft-excel + - https://legal.anaconda.com/policies/en?name=terms-of-service#offering-description-pyscript-com + - https://legal.anaconda.com/policies/en?name=terms-of-service#offering-description-edublocks + - https://legal.anaconda.com/policies/en?name=terms-of-service#offering-description-anaconda-ai-navigator +ignorable_copyrights: + - (c) Beta Offerings +ignorable_holders: + - Beta Offerings +ignorable_urls: + - http://www.anaconda.com/ +ignorable_emails: + - legal@anaconda.com +--- + +TERMS OF SERVICE Effective Date: March 30, 2024 + +ANACONDA TERMS OF SERVICE + +Please read these Terms of Service carefully before purchasing, using, accessing, or downloading any Anaconda Offerings (the “Offerings”). These Anaconda Terms of Service (“TOS”) are between Anaconda, Inc. (“Anaconda”) and you (“You”), the individual or entity acquiring and/or providing access to the Offerings. These TOS govern Your access, download, installation, or use of the Anaconda Offerings, which are provided to You in combination with the terms set forth in the applicable Offering Description, and are hereby incorporated into these TOS. Except where indicated otherwise, references to “You” shall include Your Users. You hereby acknowledge that these TOS are binding, and You affirm and signify your consent to these TOS by registering to, using, installing, downloading, or accessing the Anaconda Offerings effective as of the date of first registration, use, install, download or access, as applicable (the “Effective Date”). Capitalized definitions not otherwise defined herein are set forth in Section 15 (Definitions). If You do not agree to these Terms of Service, You must not register, use, install, download, or access the Anaconda Offerings. + +1. ACCESS & USE + +1.1 General License Grant. Subject to compliance with these TOS and any applicable Offering Description, Anaconda grants You a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited right to use the applicable Anaconda Offering strictly as detailed herein and as set forth in a relevant Offering Description. If You purchase a subscription to an Offering as set forth in a relevant Order, then the license grant(s) applicable to your access, download, installation, or use of a specific Anaconda Offering will be set forth in the relevant Offering Description and any definitive agreement which may be executed by you in writing or electronic in connection with your Order (“Custom Agreement”). License grants for specific Anaconda Offerings are set forth in the relevant Offering Description, if applicable. + +1.2 License Restrictions. Unless expressly agreed by Anaconda, You may not: (a) Make, sell, resell, license, sublicense, distribute, rent, or lease any Offerings available to anyone other than You or Your Users, unless expressly stated otherwise in an Order, Custom Agreement or the Documentation or as otherwise expressly permitted in writing by Anaconda; (b) Use the Offerings to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights; (c) Use the Offerings or Third Party Services to store or transmit Malicious Code, or attempt to gain unauthorized access to any Offerings or Third Party Services or their related systems or networks; (d)Interfere with or disrupt the integrity or performance of any Offerings or Third Party Services, or third-party data contained therein; (e) Permit direct or indirect access to or use of any Offerings or Third Party Services in a way that circumvents a contractual usage limit, or use any Offerings to access, copy or use any Anaconda intellectual property except as permitted under these TOS, a Custom Agreement, an Order or the Documentation; (f) Modify, copy or create derivative works of the Offerings or any part, feature, function or user interface thereof except, and then solely to the extent that, such activity is required to be permitted under applicable law; (g) Copy Content except as permitted herein or in an Order, a Custom Agreement or the Documentation or republish any material portion of any Offering in a manner competitive with the offering by Anaconda, including republication on another website or redistribute or embed any or all Offerings in a commercial product for redistribution or resale; (h) Frame or Mirror any part of any Content or Offerings, except if and to the extent permitted in an applicable Custom Agreement or Order for your own Internal Use and as permitted in a Custom Agreement or Documentation; (i) Except and then solely to the extent required to be permitted by applicable law, copy, disassemble, reverse engineer, or decompile an Offering, or access an Offering to build a competitive service by copying or using similar ideas, features, functions or graphics of the Offering. You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of our Offerings or Content. Anaconda reserves the right to end any such activity. If You would like to redistribute or embed any Offering in any product You are developing, please contact the Anaconda team for a third party redistribution commercial license. + +2. USERS & LICENSING + +2.1 Organizational Use. Your registration, download, use, installation, access, or enjoyment of all Anaconda Offerings on behalf of an organization that has two hundred (200) or more employees or contractors (“Organizational Use”) requires a paid license of Anaconda Business or Anaconda Enterprise. For sake of clarity, use by government entities and nonprofit entities with over 200 employees or contractors is considered Organizational Use. Purchasing Starter tier license(s) does not satisfy the Organizational Use paid license requirement set forth in this Section 2.1. Educational Entities will be exempt from the paid license requirement, provided that the use of the Anaconda Offering(s) is solely limited to being used for a curriculum-based course. Anaconda reserves the right to monitor the registration, download, use, installation, access, or enjoyment of the Anaconda Offerings to ensure it is part of a curriculum. Utilizing Miniconda to pull package updates from the Anaconda Public Repository without a commercial license (if required by the conditions set forth in Section 2 of this Terms of Service) is considered a violation of the Terms of Service. + +2.2 Use by Authorized Users. Your ”Authorized Users” are your employees, agents, and independent contractors (including outsourcing service providers) who you authorize to use the Anaconda Offering(s) on Your behalf for Your Internal Use, provided that You are responsible for: (a) ensuring that such Authorized Users comply with these TOS or an applicable Custom Agreement; and (b) any breach of these TOS by such Authorized Users. + +2.3 Use by Your Affiliates. Your Affiliates may use the Anaconda Offering(s) on Your behalf for Your Internal Use only with prior written approval from Anaconda. Such Affiliate usage is limited to those Affiliates who were defined as such upon the Effective Date of these TOS. Usage by organizations who become Your Affiliates after the Effective Date may require a separate license, at Anaconda's discretion. + +2.4 Licenses for Systems. For each End User Computing Device (“EUCD”) (i.e. laptops, desktop devices) one license covers one installation and a reasonable number of virtual installations on the EUCD (e.g. Docker, VirtualBox, Parallels, etc.). Any other installations, usage, deployments, or access must have an individual license per each additional usage. + +2.5 Mirroring. You may only Mirror the Anaconda Offerings with the purchase of a Site License unless explicitly included in an Order Form or Custom Agreement. + +2.6 Beta Offerings. Anaconda provides Beta Offerings “AS-IS” without support or any express or implied warranty or indemnity for any problems or issue s, and Anaconda has no liability relating to Your use of the Beta Offerings. Unless agreed in writing by Anaconda, You will not put Beta Offerings into production use. You may only use the Beta Offerings for the period specified by Anaconda in writing; (b) Anaconda, in its discretion, may stop providing the Beta Offerings at any time, at which point You must immediately cease using the Beta Offering(s); and (c) Beta Offerings may contain bugs, errors, or other issues.. + +2.7 Content. In consideration of Your payment of Subscription Fees, Anaconda hereby grants to You and Your Users a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited right and license during the Usage Term to access, input, use, transmit, copy, process, and measure the Content solely (1) within the Offerings and to the extent required to enable the ordinary and unmodified functionality of the Offerings as described in the Offering descriptions, and (2) for your Internal Use. Customer hereby acknowledge that the grant hereunder is solely being provided for your Internal Use and not to modify or to create any derivatives based on the Content. + +3. ANACONDA OFFERINGS + +3.1 Upgrades or Additional Copies of Offerings. You may only use additional copies of the Offerings beyond Your Order if You have acquired such rights under an agreement with Anaconda and you may only use Upgrades under Your Order to the extent you have discontinued use of prior versions of the Offerings. + +3.2 Changes to Offerings; Maintenance. Anaconda may: (a) enhance or refine an Offering, although in doing so, Anaconda will not materially reduce the core functionality of that Offering, except as contemplated in Section 3.4 (End of Life); and (b) perform scheduled maintenance of the infrastructure and software used to provide an Offering, during which You may experience some disruption to that Offering. Whenever reasonably practicable, Anaconda will provide You with advance notice of such maintenance. You acknowledge that occasionally, Anaconda may need to perform emergency maintenance without providing You advance notice, during which Anaconda may temporarily suspend Your access to, and use of, the Offering. + +3.3 Use with Third Party Products. If You use the Anaconda Offering(s) with third party products, such use is at Your risk. Anaconda does not provide support or guarantee ongoing integration support for products that are not a native part of the Anaconda Offering(s). + +3.4 End of Life. Anaconda reserves the right to discontinue the availability of an Anaconda Offering, including its component functionality, hereinafter referred to as “End of Life” or “EOL”, by providing written notice through its official website, accessible at www.anaconda.com at least sixty (60) days prior to the EOL. In such instances, Anaconda is under no obligation to provide support in the transition away from the EOL Offering or feature, You shall transition to the latest version of the Anaconda Offering, as soon as the newest Version is released in order to maintain uninterrupted service. In the event that You or Your designated Anaconda Partner have previously remitted a prepaid fee for the utilization of Anaconda Offering, and if the said Offering becomes subject to End of Life (EOL) before the end of an existing Usage Term, Anaconda shall undertake commercially reasonable efforts to provide the necessary information to facilitate a smooth transition to an alternative Anaconda Offering that bears substantial similarity in terms of functionality and capabilities. Anaconda will not be held liable for any direct or indirect consequences arising from the EOL of an Offering or feature, including but not limited to data loss, service interruption, or any impact on business operations. + +4. OPEN SOURCE, CONTENT & APPLICATIONS + +4.1 Open-Source Software & Packages. Our Offerings include open-source libraries, components, utilities, and third-party software that is distributed or otherwise made available as “free software,” “open-source software,” or under a similar licensing or distribution model (“Open-Source Software”), which may be subject to third party open-source license terms (the “Open-Source Terms”). Certain Offerings are intended for use with open-source Python and R software packages and tools for statistical computing and graphical analysis (“Packages”), which are made available in source code form by third parties and Community Users. As such, certain Offerings interoperate with certain Open-Source Software components, including without limitation Open Source Packages, as part of its basic functionality; and to use certain Offerings, You will need to separately license Open-Source Software and Packages from the licensor. Anaconda is not responsible for Open-Source Software or Packages and does not assume any obligations or liability with respect to You or Your Users' use of Open-Source Software or Packages. Notwithstanding anything to the contrary, Anaconda makes no warranty or indemnity hereunder with respect to any Open-Source Software or Packages. Some of such Open-Source Terms or other license agreements applicable to Packages determine that to the extent applicable to the respective Open-Source Software or Packages licensed thereunder. Any such terms prevail over any conflicting license terms, including these TOS. Anaconda will use best efforts to use only Open-Source Software and Packages that do not impose any obligation or affect the Customer Data (as defined hereinafter) or Intellectual Property Rights of Customer (beyond what is stated in the Open-Source Terms and herein), on an ordinary use of our Offerings that do not involve any modification, distribution, or independent use of such Open-Source Software. + +4.2 Open Source Project Affiliation. Anaconda's software packages are not affiliated with upstream open source projects. While Anaconda may distribute and adapt open source software packages for user convenience, such distribution does not imply any endorsement, approval, or validation of the original software's quality, security, or suitability for specific purposes. + +4.3 Third-Party Services and Content. You may access or use, at Your sole discretion, certain third-party products, services, and Content that interoperate with the Offerings including, but not limited to: (a) third party Packages, components, applications, services, data, content, or resources found in the Offerings, and (b) third-party service integrations made available through the Offerings or APIs (collectively, “Third-Party Services”). Each Third-Party Service is governed by the applicable terms and policies of the third-party provider. The terms under which You access, use, or download Third-Party Services are solely between You and the applicable Third-Party Service provider. Anaconda does not make any representations, warranties, or guarantees regarding the Third-Party Services or the providers thereof, including, but not limited to, the Third-Party Services’ continued availability, security, and integrity. Third-Party Services are made available by Anaconda on an “AS IS” and “AS AVAILABLE” basis, and Anaconda may cease providing them in the Offerings at any time in its sole discretion and You shall not be entitled to any refund, credit, or other compensation. + +5. CUSTOMER CONTENT, APPLICATIONS & RESPONSIBILITIES + +5.1 Customer Content and Applications. Your content remains your own. We assume no liability for the content you publish through our services. However, you must adhere to our Acceptable Use Policy while utilizing our platform. You can share your submitted Customer Content or Customer Applications with others using our Offerings. By sharing Your Content, you grant legal rights to those You give access to. Anaconda has no responsibility to enforce, police, or otherwise aid You in enforcing or policing the terms of the license(s) or permission(s) You have chosen to offer. Anaconda is not liable for third-party misuse of your submitted Customer Content or Customer Applications on our Offerings. Customer Applications does not include any derivative works that might be created out of open source where the license prohibits derivative works. + +5.2 Removal of Customer Content and Applications. If You received a removal notification regarding any Customer Content or a Customer Application due to legal reasons or policy violations, you promptly must do so. If You don’t comply or the violation persists, Anaconda may disable the Content or your access to the Content. If required, You must confirm in writing that you’ve deleted or stopped using the Customer Content or Customer Applications. Anaconda might also remove Customer Content or Customer Applications if requested by a Third-party rights holder whose rights have been violated. Anaconda isn’t obliged to store or provide copies of Customer Content or Customer Applications that have been removed, is Your responsibility to maintain a back-up of Your Content. + +5.3 Protecting Account Access. You will keep all account information up to date, use reasonable means to protect Your account information, passwords, and other login credentials, and promptly notify Anaconda of any known or suspected unauthorized use of or access to Your account. + +6. YOUR DATA, PRIVACY & SECURITY + +6.1 Your Data. Your Data, hereinafter “Customer Data”, is any data, files, attachments, text, images, reports, personal information, or any other data that is, uploaded or submitted, transmitted, or otherwise made available, to or through the Offerings, by You or any of your Authorized Users and is processed by Anaconda on your behalf. For the avoidance of doubt, Anonymized Data is not regarded as Customer Data. You retain all right, title, interest, and control, in and to the Customer Data, in the form submitted to the Offerings. Subject to these TOS, You grant Anaconda a worldwide, royalty-free, non-exclusive license to store, access, use, process, copy, transmit, distribute, perform, export, and display the Customer Data, and solely to the extent that reformatting Customer Data for display in the Offerings constitutes a modification or derivative work, the foregoing license also includes the right to make modifications and derivative works. The aforementioned license is hereby granted solely: (i) to maintain, improve and provide You the Offerings; (ii) to prevent or address technical or security issues and resolve support requests; (iii) to investigate when we have a good faith belief, or have received a complaint alleging, that such Customer Data is in violation of these TOS; (iv) to comply with a valid legal subpoena, request, or other lawful process; (v) detect and avoid overage of use of our Offering and confirm compliance by Customer with these TOS and other applicable agreements and policies; (vi) to create Anonymized Data whether directly or through telemetry, and (vi) as expressly permitted in writing by You. Anaconda may use and retain your Account Information for business purposes related to these TOS and to the extent necessary to meet Anaconda’s legal compliance obligations (including, for audit and anti-fraud purposes). We reserve the right to utilize aggregated data to enhance our Offerings functionality, ensure compliance, avoid Offering overuse, and derive insights from customer behavior, in strict adherence to our Privacy Policy. + +6.2 Processing Customer Data. The ordinary operation of certain Offerings requires Customer Data to pass through Anaconda’s network. To the extent that Anaconda processes Customer Data on your behalf that includes Personal Data, Anaconda will handle such Personal Data in compliance with our Data Processing Addendum. + +6.3 Privacy Policy. If You obtained the Offering under these TOS, the conditions pertaining to the handling of your Personal Data, as described in our Privacy Policy, shall govern. However, in instances where your offering acquisition is executed through a Custom Agreement, the terms articulated within our Data Processing Agreement (“DPA") shall take precedence over our Privacy Policy concerning data processing matters. + +6.4 Aggregated Data. Anaconda retains all right, title, and interest in the models, observations, reports, analyses, statistics, databases, and other information created, compiled, analyzed, generated or derived by Anaconda from platform, network, or traffic data in the course of providing the Offerings (“Aggregated Data”). To the extent the Aggregated Data includes any Personal Data, Anaconda will handle such Personal Data in compliance with applicable data protection laws and the Privacy Policy or DPA, as applicable. + +6.5 Offering Security. Anaconda will implement industry standard security safeguards for the protection of Customer Confidential Information, including any Customer Content originating or transmitted from or processed by the Offerings and/or cached on or within Anaconda’s network and stored within the Offerings in accordance with its policies and procedures. These safeguards include commercially reasonable administrative, technical, and organizational measures to protect Customer Content against destruction, loss, alteration, unauthorized disclosure, or unauthorized access, including such things as information security policies and procedures, security awareness training, threat and vulnerability management, incident response and breach notification, and vendor risk management procedures. + +7. SUPPORT + +7.1 Support Services. Anaconda offers Support Services that may be included with an Offering. Anaconda will provide the purchased level of Support Services in accordance with the terms of the Support Policy as detailed in the applicable Order. Unless ordered, Anaconda shall have no responsibility to deliver Support Services to You. The Support Service Levels and Tiers are described in the relevant Support Policy, found here. + +7.2 Information Backups. You are aware of the risk that Your Content may be lost or irreparably damaged due to faults, suspension, or termination. While we might back up data, we cannot guarantee these backups will occur to meet your frequency needs or ensure successful recovery of Your Content. It is your obligation to back up any Content you wish to preserve. We bear no legal liability for the loss or damage of Your Content. + +8. OWNERSHIP & INTELLECTUAL PROPERTY + +8.1 General. Unless agreed in writing, nothing in these TOS transfers ownership in, or grants any license to, any Intellectual Property Rights. + +8.2 Feedback. Anaconda may use any feedback You provide in connection with Your use of the Anaconda Offering(s) as part of its business operations. You hereby agree that any feedback provided to Anaconda will be the intellectual property of Anaconda without compensation to the provider, author, creator, or inventor of providing the feedback. + +8.3 DMCA Compliance. You agree to adhere to our Digital Millennium Copyright Act (DMCA) policies established in our Acceptable Use Policy. + +9. CONFIDENTIAL INFORMATION + +9.1 Confidential Information. In connection with these TOS and the Offerings (including the evaluation thereof), each Party (“Discloser”) may disclose to the other Party (“Recipient”), non-public business, product, technology and marketing information, including without limitation, customers lists and information, know-how, software and any other non-public information that is either identified as such or should reasonably be understood to be confidential given the nature of the information and the circumstances of disclosure, whether disclosed prior or after the Effective Date (“Confidential Information”). For the avoidance of doubt, (i) Customer Data is regarded as your Confidential Information, and (ii) our Offerings, including Beta Offerings, and inclusive of their underlying technology, and their respective performance information, as well as any data, reports, and materials we provided to You in connection with your evaluation or use of the Offerings, are regarded as our Confidential Information. Confidential Information does not include information that (a) is or becomes generally available to the public without breach of any obligation owed to the Discloser; (b) was known to the Recipient prior to its disclosure by the Discloser without breach of any obligation owed to the Discloser; (c) is received from a third party without breach of any obligation owed to the Discloser; or (d) was independently developed by the Recipient without any use or reference to the Confidential Information. + +9.2 Confidentiality Obligations. The Recipient will (i) take at least reasonable measures to prevent the unauthorized disclosure or use of Confidential Information, and limit access to those employees, affiliates, service providers and agents, on a need to know basis and who are bound by confidentiality obligations at least as restrictive as those contained herein; and (ii) not use or disclose any Confidential Information to any third party, except as part of its performance under these TOS and to consultants and advisors to such party, provided that any such disclosure shall be governed by confidentiality obligations at least as restrictive as those contained herein. + +9.3 Compelled Disclosure. Notwithstanding the above, Confidential Information may be disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that to the extent legally permissible, the Recipient shall make best efforts to provide prompt written notice of such court order or requirement to the Discloser to enable the Discloser to seek a protective order or otherwise prevent or restrict such disclosure. + +10. INDEMNIFICATION + +10.1 By Customer. Customer hereby agree to indemnify, defend and hold harmless Anaconda and our Affiliates and their respective officers, directors, employees and agents from and against any and all claims, damages, obligations, liabilities, losses, reasonable expenses or costs incurred as a result of any third party claim arising from (i) You and/or any of your Authorized Users’, violation of these TOS or applicable law; and/or (ii) Customer Data and/or Customer Content, including the use of Customer Data and/or Customer Content by Anaconda and/or any of our subcontractors, which infringes or violates, any third party’s rights, including, without limitation, Intellectual Property Rights. + +10.2 By Anaconda. Anaconda will defend any third party claim against You that Your valid use of Anaconda Offering(s) under Your Order infringes a third party's U.S. patent, copyright or U.S. registered trademark (the “IP Claim”). Anaconda will indemnify You against the final judgment entered by a court of competent jurisdiction or any settlements arising out of an IP Claim, provided that You: (a) promptly notify Anaconda in writing of the IP Claim; (b) fully cooperate with Anaconda in the defense of the IP Claim; and (c) grant Anaconda the right to exclusively control the defense and settlement of the IP Claim, and any subsequent appeal. Anaconda will have no obligation to reimburse You for Your attorney fees and costs in connection with any IP Claim for which Anaconda is providing defense and indemnification hereunder. You, at Your own expense, may retain Your own legal representation. + +10.3 Additional Remedies. If an IP Claim is made and prevents Your exercise of the Usage Rights, Anaconda will either procure for You the right to continue using the Anaconda Offering(s), or replace or modify the Anaconda Offering(s) with functionality that is non-infringing. Only if Anaconda determines that these alternatives are not reasonably available, Anaconda may terminate Your Usage Rights granted under these TOS upon written notice to You and will refund You a prorated portion of the fee You paid for the Anaconda Offering(s) for the remainder of the unexpired Usage Term. + +10.4 Exclusions. Anaconda has no obligation regarding any IP Claim based on: (a) compliance with any designs, specifications, or requirements You provide or a third party provides; (b) Your modification of any Anaconda Offering(s) or modification by a third party; (c) the amount or duration of use made of the Anaconda Offering(s), revenue You earned, or services You offered; (d) combination, operation, or use of the Anaconda Offering(s) with non-Anaconda products, software or business processes; (e) Your failure to modify or replace the Anaconda Offering(s) as required by Anaconda; or (f) any Anaconda Offering(s) provided on a no charge, beta or evaluation basis; or (g) your use of the Open Source Software and/or Third Party Services made available to You within the Anaconda Offerings. + +10.5 Exclusive Remedy. This Section 9 (Indemnification) states Anaconda’s entire obligation and Your exclusive remedy regarding any IP Claim against You. + +11. LIMITATION OF LIABILITY + +11.1 Limitation of Liability. Neither Party will be liable for indirect, incidental, exemplary, punitive, special or consequential damages; loss or corruption of data or interruption or loss of business; or loss of revenues, profits, goodwill or anticipated sales or savings except as a result of violation of Anaconda’s Intellectual Property Rights. Except as a result of violation of Anaconda’s Intellectual Property Rights, the maximum aggregate liability of each party under these TOS is limited to: (a) for claims solely arising from software licensed on a perpetual basis, the fees received by Anaconda for that Offering; or (b) for all other claims, the fees received by Anaconda for the applicable Anaconda Offering and attributable to the 12 month period immediately preceding the first claim giving rise to such liability; provided if no fees have been received by Anaconda, the maximum aggregate liability shall be one hundred US dollars ($100). This limitation of liability applies whether the claims are in warranty, contract, tort (including negligence), infringement, or otherwise, even if either party has been advised of the possibility of such damages. Nothing in these TOS limits or excludes any liability that cannot be limited or excluded under applicable law. This limitation of liability is cumulative and not per incident. + +12. FEES & PAYMENT + +12.1 Fees. Orders for the Anaconda Offering(s) are non-cancellable. Fees for Your use of an Anaconda Offering are set out in Your Order or similar purchase terms with Your Approved Source. If payment is not received within the specified payment terms, any overdue and unpaid balances will be charged interest at a rate of five percent (5%) per month, charged daily until the balance is paid. + +12.2 Billing. You agree to provide us with updated, accurate, and complete billing information, and You hereby authorize Anaconda, either directly or through our payment processing service or our Affiliates, to charge the applicable Fees set forth in Your Order via your selected payment method, upon the due date. Unless expressly set forth herein, the Fees are non-cancelable and non-refundable. We reserve the right to change the Fees at any time, upon notice to You if such change may affect your existing Subscriptions or other renewable services upon renewal. In the event of failure to collect the Fees You owe, we may, at our sole discretion (but shall not be obligated to), retry to collect at a later time, and/or suspend or cancel the Account, without notice. If You pay fees by credit card, Anaconda will charge the credit card in accordance with Your Subscription plan. You remain liable for any fees which are rejected by the card issuer or charged back to Anaconda. + +12.3 Taxes. The Fees are exclusive of any and all taxes (including without limitation, value added tax, sales tax, use tax, excise, goods and services tax, etc.), levies, or duties, which may be imposed in respect of these TOS and the purchase or sale, of the Offerings or other services set forth in the Order (the “Taxes”), except for Taxes imposed on our income. + +12.4 Payment Through Anaconda Partner. If You purchased an Offering from an Anaconda Partner or other Approved Source, then to the extent there is any conflict between these TOS and any terms of service entered between You and the respective Partner, including any purchase order, then, as between You and Anaconda, these TOS shall prevail. Any rights granted to You and/or any of the other Users in a separate agreement with a Partner which are not contained in these TOS, apply only in connection vis a vis the Partner. +13. TERM, TERMINATION & SUSPENSION + +13.1 Subscription Term. The Offerings are provided on a subscription basis for the term specified in your Order (the “Subscription Term”). The termination or suspension of an individual Order will not terminate or suspend any other Order. If these TOS are terminated in whole, all outstanding Order(s) will terminate. + +13.2 Subscription Auto-Renewal. To prevent interruption or loss of service when using the Offerings or any Subscription and Support Services will renew automatically, unless You cancel your license to the Offering, Subscription or Support Services agreement prior to their expiration. + +13.3 Termination. If a party materially breaches these TOS and does not cure that breach within 30 days after receipt of written notice of the breach, the non-breaching party may terminate these TOS for cause. Anaconda may immediately terminate your Usage Rights if You breach Section 1 (Access & Use), Section 4 (Open Source, Content & Applications), Section 8 (Ownership & Intellectual Property) or Section 16.10 (Export) or any of the Offering Descriptions. + +13.4 Survival. Section 8 (Ownership & Intellectual Property), Section 6.4 (Aggregated Data), Section 9 (Confidential Information), Section 9.3 (Warranty Disclaimer), Section 12 (Limitation of Liability), Section 14 (Term, Termination & Suspension), obligations to make payment under Section 13 which accrued prior to termination (Fees & Payment), Section 14.4 (Survival), Section 14.5 (Effect of Termination), Section 15 (Records, User Count) and Section 16 (General Provisions) survive termination or expiration of these TOS. + +13.5 Effect of Termination. Upon termination of the TOS, You must stop using the Anaconda Offering(s) and destroy any copies of Anaconda Proprietary Technology and Confidential Information within Your control. Upon Anaconda’s termination of these TOS for Your material breach, You will pay Anaconda or the Approved Source any unpaid fees through to the end of the then-current Usage Term. If You continue to use or access any Anaconda Offering(s) after termination, Anaconda or the Approved Source may invoice You, and You agree to pay, for such continued use. Anaconda may require evidence of compliance with this Section 13. Upon request, you agree to provide evidence of compliance to Anaconda demonstrating that all proprietary Anaconda Offering(s) or components thereof have been removed from your systems. Such evidence may be in the form of a system scan report or other similarly detailed method. + +13.6 Excessive Usage. We shall have the right to throttle or restrict Your access to the Offerings where we, at our sole discretion, believe that You and/or any of your Authorized Users, have misused the Offerings or otherwise use the Offerings in an excessive manner compared to the anticipated standard use (at our sole discretion) of the Offerings, including, without limitation, excessive network traffic and bandwidth, size and/or length of Content, quality and/or format of Content, sources of Content, volume of download time, etc. + +14. RECORDS, USER COUNT + +14.1 Verification Records. During the Usage Term and for a period of thirty six (36) months after its expiry or termination, You will take reasonable steps to maintain complete and accurate records of Your use of the Anaconda Offering(s) sufficient to verify compliance with these TOS (“Verification Records”). Upon reasonable advance notice, and no more than once per 12 month period unless the prior review showed a breach by You, You will, within thirty (30) days from Anaconda’s notice, allow Anaconda and/or its auditors access to the Verification Records and any applicable books, systems (including Anaconda product(s) or other equipment), and accounts during Your normal business hours. + +14.2 Quarterly User Count. In accordance with the pricing structure stipulated within the relevant Order Form and this Agreement, in instances where the pricing assessment is contingent upon the number of users, Anaconda will conduct a periodic true-up on a quarterly basis to ascertain the alignment between the actual number of users utilizing the services and the initially reported user count, and to assess for any unauthorized or noncompliant usage. + +14.3 Penalties for Overage or Noncompliant Use. Should the actual User count exceed the figure initially provided, or unauthorized usage is uncovered, the contracting party shall remunerate the difference to Anaconda, encompassing the additional Users or noncompliant use in compliance with Anaconda’s then-current pricing terms. The payment for such difference shall be due in accordance with the invoicing and payment provisions specified in these TOS and/or within the relevant Order and the Agreement. In the event there is no custom commercial agreement beyond these TOS between You and Anaconda at the time of a true-up pursuant to Section 14.2, and said true-up uncovers unauthorized or noncompliant usage, You will remunerate Anaconda via a settlement amount or back bill for any fees owed as a result of all unauthorized usage after April of 2020. Fees may be waived by Anaconda at its discretion. In addition to any charges for User counts, Anaconda may, at its sole discretion, also calculate damages based on activity metrics such as installers, packages or mirrors. + +15. GENERAL PROVISIONS + +15.1 Order of Precedence. If there is any conflict between these TOS and any Offering Description expressly referenced in these TOS, the order of precedence is: (a) such Offering Description; (b) these TOS (excluding the Offering Description and any Anaconda policies); then (c) any applicable Anaconda policy expressly referenced in these TOS and any agreement expressly incorporated by reference. If there is a Custom Agreement, the Custom Agreement shall control over these TOS. + +15.2 Entire Agreement. These TOS are the complete agreement between the parties regarding the subject matter of these TOS and supersedes all prior or contemporaneous communications, understandings or agreements (whether written or oral) unless a Custom Agreement has been executed where, in such case, the Custom Agreement shall continue in full force and effect and shall control. + +15.3 Modifications to the TOS. Anaconda may change these TOS or any of its components by updating these TOS on legal.anaconda.com/terms-of-service. Changes to the TOS apply to any Orders acquired or renewed after the date of modification. + +15.4 Third Party Beneficiaries. These TOS do not grant any right or cause of action to any third party. + +15.5 Assignment. Anaconda may assign this Agreement to (a) an Affiliate; or (b) a successor or acquirer pursuant to a merger or sale of all or substantially all of such party’s assets at any time and without written notice. Subject to the foregoing, this Agreement will be binding upon and will inure to the benefit of Anaconda and their respective successors and permitted assigns. + +15.6 US Government End Users. The Offerings and Documentation are deemed to be “commercial computer software” and “commercial computer software documentation” pursuant to FAR 12.212 and DFARS 227.7202. All US Government end users acquire the Offering(s) and Documentation with only those rights set forth in these TOS. Any provisions that are inconsistent with federal procurement regulations are not enforceable against the US Government. In no event shall source code be provided or considered to be a deliverable or a software deliverable under these TOS. + +15.7 Anaconda Partner Transactions. If You purchase access to an Anaconda Offering from an Anaconda Partner, the terms of these TOS apply to Your use of that Anaconda Offering and prevail over any inconsistent provisions in Your agreement with the Anaconda Partner. + +15.8 Children and Minors. If You are under 18 years old, then by entering into these TOS You explicitly stipulate that (i) You have legal capacity to consent to these TOS or Your parent or legal guardian has done so on Your behalf; (ii) You understand the Anaconda Privacy Policy; and (iii) You understand that certain underage users are strictly prohibited from using certain features and functionalities provided by the Anaconda Offering(s). You may not enter into these TOS if You are under 13 years old. Anaconda does not intentionally seek to collect or solicit personal information from individuals under the age of 13. In the event we become aware that we have inadvertently obtained personal information from a child under the age of 13 without appropriate parental consent, we shall expeditiously delete such information. If applicable law allows the utilization of an Offering with parental consent, such consent shall be demonstrated in accordance with the prescribed process outlined by Anaconda’s Privacy Policy for obtaining parental approval. + +15.9 Compliance with Laws. Each party will comply with all laws and regulations applicable to their respective obligations under these TOS. + +15.10 Export. The Anaconda Offerings are subject to U.S. and local export control and sanctions laws. You acknowledge and agree to the applicability of and Your compliance with those laws, and You will not receive, use, transfer, export or re-export any Anaconda Offerings in a way that would cause Anaconda to violate those laws. You also agree to obtain any required licenses or authorizations. Without limiting the foregoing, You may not acquire Offerings if: (1) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan or Syria or if you are on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Commerce Department's Denied Persons List, Unverified List or Entity List or (2) you intend to supply the acquired goods, services or software to Cuba, Iran, North Korea, Sudan or Syria (or a national or resident of one of these countries) or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List or Entity List. + +15.11 Governing Law and Venue. THESE TOS, AND ANY DISPUTES ARISING FROM THEM, WILL BE GOVERNED EXCLUSIVELY BY THE GOVERNING LAW OF DELAWARE AND WITHOUT REGARD TO CONFLICTS OF LAWS RULES OR THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS. EACH PARTY CONSENTS AND SUBMITS TO THE EXCLUSIVE JURISDICTION OF COURTS LOCATED WITHIN THE STATE OF DELAWARE. EACH PARTY DOES HEREBY WAIVE HIS/HER/ITS RIGHT TO A TRIAL BY JURY, TO PARTICIPATE AS THE MEMBER OF A CLASS IN ANY PURPORTED CLASS ACTION OR OTHER PROCEEDING OR TO NAME UNNAMED MEMBERS IN ANY PURPORTED CLASS ACTION OR OTHER PROCEEDINGS. You acknowledge that any violation of the requirements under Section 4 (Ownership & Intellectual Property) or Section 7 (Confidential Information) may cause irreparable damage to Anaconda and that Anaconda will be entitled to seek injunctive and other equitable or legal relief to prevent or compensate for such unauthorized use. + +15.12 California Residents. If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210. + +15.13 Notices. Any notice delivered by Anaconda to You under these TOS will be delivered via email, regular mail or postings on www.anaconda.com. Notices to Anaconda should be sent to Anaconda, Inc., Attn: Legal at 1108 Lavaca Street, Suite 110-645 Austin, TX 78701 and legal@anaconda.com. + +15.14 Publicity. Anaconda reserves the right to reference You as a customer and display your logo and name on our website and other promotional materials for marketing purposes. Any display of your logo and name shall be in compliance with Your branding guidelines, if provided by notice pursuant to Section 15.13 by You. Except as provided in this Section 15.14 or by separate mutual written agreement, neither party will use the logo, name or trademarks of the other party or refer to the other party in any form of publicity or press release without such party’s prior written approval. + +15.15 Force Majeure. Except for payment obligations, neither Party will be responsible for failure to perform its obligations due to an event or circumstances beyond its reasonable control. + +15.16 No Waiver; Severability. Failure by either party to enforce any right under these TOS will not waive that right. If any portion of these TOS are not enforceable, it will not affect any other terms. + +15.17 Electronic Signatures. IF YOUR ACCEPTANCE OF THESE TERMS FURTHER EVIDENCED BY YOUR AFFIRMATIVE ASSENT TO THE SAME (E.G., BY A "CHECK THE BOX" ACKNOWLEDGMENT PROCEDURE), THEN THAT AFFIRMATIVE ASSENT IS THE EQUIVALENT OF YOUR ELECTRONIC SIGNATURE TO THESE TERMS. HOWEVER, FOR THE AVOIDANCE OF DOUBT, YOUR ELECTRONIC SIGNATURE IS NOT REQUIRED TO EVIDENCE OR FACILITATE YOUR ACCEPTANCE AND AGREEMENT TO THESE TERMS, AS YOU AGREE THAT THE CONDUCT DESCRIBED IN THESE TOS AS RELATING TO YOUR ACCEPTANCE AND AGREEMENT TO THESE TERMS ALONE SUFFICES. + +16. DEFINITIONS + +“Affiliate” means any corporation or legal entity that directly or indirectly controls, or is controlled by, or is under common control with the relevant party, where “control” means to: (a) own more than 50% of the relevant party; or (b) be able to direct the affairs of the relevant party through any lawful means (e.g., a contract that allows control). + +“Anaconda” “we” “our” or “us” means Anaconda, Inc. or its applicable Affiliate(s). + +“Anaconda Content” means any: Anaconda Content includes geographic and domain information, rules, signatures, threat intelligence and data feeds and Anaconda’s compilation of suspicious URLs. + +“Anaconda Partner” or “Partner” means an Anaconda authorized reseller, distributor or systems integrator authorized by Anaconda to sell Anaconda Offerings. + +“Anaconda Offering” or “Offering” means the Anaconda Services, Anaconda software, Documentation, software development kits (“SDKs”), application programming interfaces (“APIs”), and any other items or services provided by Anaconda any Upgrades thereto under the terms of these TOS, the relevant Offering Descriptions, as identified in the relevant Order, and/or any updates thereto. + +“Anaconda Proprietary Technology” means any software, code, tools, libraries, scripts, APIs, SDKs, templates, algorithms, data science recipes (including any source code for data science recipes and any modifications to such source code), data science workflows, user interfaces, links, proprietary methods and systems, know-how, trade secrets, techniques, designs, inventions, and other tangible or intangible technical material, information and works of authorship underlying or otherwise used to make available the Anaconda Offerings including, without limitation, all Intellectual Property Rights therein and thereto. + +“Anaconda Service” means Support Services and any other consultation or professional services provided by or on behalf of Anaconda under the terms of the Agreement, as identified in the applicable Order and/or SOW. + +“Approved Source” means Anaconda or an Anaconda Partner. + +“Anonymized Data” means any Personal Data (including Customer Personal Data) and data regarding usage trends and behavior with respect to Offerings, that has been anonymized such that the Data Subject to whom it relates cannot be identified, directly or indirectly, by Anaconda or any other party reasonably likely to receive or access that anonymized Personal Data or usage trends and behavior. + +“Authorized Users” means Your Users, Your Affiliates who have been identified to Anaconda and approved, Your third-party service providers, and each of their respective Users who are permitted to access and use the Anaconda Offering(s) on Your behalf as part of Your Order. + +“Beta Offerings” Beta Offerings means any portion of the Offerings offered on a “beta” basis, as designated by Anaconda, including but not limited to, products, plans, services, and platforms. + +“Content” means Packages, components, applications, services, data, content, or resources, which are available for download access or use through the Offerings, and owned by third-party providers, defined herein as Third Party Content, or Anaconda, defined herein as Anaconda Content. + +“Documentation” means the technical specifications and usage materials officially published by Anaconda specifying the functionalities and capabilities of the applicable Anaconda Offerings. + +“Educational Entities” means educational organizations, classroom learning environments, or academic instructional organizations. + +“Fees” mean the costs and fees for the Anaconda Offerings(s) set forth within the Order and/or SOW, or any fees due immediately when purchasing via the web-portal. + +“Government Entities” means any body, board, department, commission, court, tribunal, authority, agency or other instrumentality of any such government or otherwise exercising any executive, legislative, judicial, administrative or regulatory functions of any Federal, State, or local government (including multijurisdictional agencies, instrumentalities, and entities of such government) + +“Internal Use” means Customer’s use of an Offering for Customer’s own internal operations, to perform Python/R data science and machine learning on a single platform from Customer’s systems, networks, and devices. Such use does not include use on a service bureau basis or otherwise to provide services to, or process data for, any third party, or otherwise use to monitor or service the systems, networks, and devices of third parties. + +“Intellectual Property Rights” means any and all now known or hereafter existing worldwide: (a) rights associated with works of authorship, including copyrights, mask work rights, and moral rights; (b) trademark or service mark rights; (c) Confidential Information, including trade secret rights; (d) patents, patent rights, and industrial property rights; (e) layout design rights, design rights, and other proprietary rights of every kind and nature other than trade dress, and similar rights; and (f) all registrations, applications, renewals, extensions, or reissues of the foregoing. + +“Malicious Code” means code designed or intended to disable or impede the normal operation of, or provide unauthorized access to, networks, systems, Software or Cloud Services other than as intended by the Anaconda Offerings (for example, as part of some of Anaconda’s Security Offering(s). + +“Mirror” or “Mirroring” means the unauthorized or authorized act of duplicating, copying, or replicating an Anaconda Offering, (e.g. repository, including its contents, files, and data),, from Anaconda's servers to another location. If Mirroring is not performed under a site license, or by written authorization by Anaconda, the Mirroring constitutes a violation of Anaconda's Terms of Service and licensing agreements. + +“Offering Description”’ means a legally structured and detailed description outlining the features, specifications, terms, and conditions associated with a particular product, service, or offering made available to customers or users. The Offering Description serves as a legally binding document that defines the scope of the offering, including pricing, licensing terms, usage restrictions, and any additional terms and conditions. + +“Order” or “Order Form” means a legally binding document, website page, or electronic mail that outlines the specific details of Your purchase of Anaconda Offerings or Anaconda Services, including but not limited to product specifications, pricing, quantities, and payment terms either issued by Anaconda or from an Approved Source. + +“Personal Data” Refers to information falling within the definition of 'personal data' and/or 'personal information' as outlined by Relevant Data Protection Regulations, such as a personal identifier (e.g., name, last name, and email), financial information (e.g., bank account numbers) and online identifiers (e.g., IP addresses, geolocation. + +“Relevant Data Protection Regulations” mean, as applicable, (a) Personal Information Protection and Electronic Documents Act (S.C. 2000, c. 5) along with any supplementary or replacement bills enacted into law by the Government of Canada (collectively “PIPEDA”); (b) the General Data Protection Regulation (Regulation (EU) 2016/679) and applicable laws by EU member states which either supplement or are necessary to implement the GDPR (collectively “GDPR”); (c) the California Consumer Privacy Act of 2018 (Cal. Civ. Code § 1798.198(a)), along with its various amendments (collectively “CCPA”); (d) the GDPR as applicable under section 3 of the European Union (Withdrawal) Act 2018 and as amended by the Data Protection, Privacy and Electronic Communications (Amendments etc.) (EU Exit) Regulations 2019 (as amended) (collectively “UK GDPR”); (e) the Swiss Federal Act on Data Protection of June 19, 1992 and as it may be revised from time to time (the “FADP”); and (f) any other applicable law related to the protection of Personal Data. + +“Site License'' means a License that confers Customer the right to use Anaconda Offerings throughout an organization, encompassing authorized Users without requiring individual licensing arrangements. Site Licenses have limits based on company size as set forth in a relevant Order, and does not cover future assignment of Users through mergers and acquisitions unless otherwise specified in writing by Anaconda. + +“Software” means the Anaconda Offerings, including Upgrades, firmware, and applicable Documentation. + +“Subscription” means the payment of recurring Ffees for accessing and using Anaconda's Software and/or an Anaconda Service over a specified period. Your subscription grants you the right to utilize our products, receive updates, and access support, all in accordance with our terms and conditions for such Offering. + +“Subscription Fees” means the costs and Fees associated with a Subscription. + +“Support Services” means the support and maintenance services provided by Anaconda to You in accordance with the relevant support and maintenance policy (“Support Policy”) located at legal.anaconda.com/support-policy. + +“Third Party Services” means external products, applications, or services provided by entities other than Anaconda. These services may be integrated with or used in conjunction with Anaconda's offerings but are not directly provided or controlled by Anaconda. + +“Upgrades” means all updates, upgrades, bug fixes, error corrections, enhancements and other modifications to the Software. + +“Usage Term” means the period commencing on the date of delivery and continuing until expiration or termination of the Order, during which period You have the right to use the applicable Anaconda Offering. + +“User” means the individual, system (e.g. virtual machine, automated system, server-side container, etc.) or organization that (a) has visited, downloaded or used the Offerings(s), (b) is using the Offering or any part of the Offerings(s), or (c) directs the use of the Offerings(s) in the performance of its functions. + +“Version” means the Offering configuration identified by a numeric representation, whether left or right of the decimal place. \ No newline at end of file diff --git a/src/licensedcode/data/licenses/android-sdk-2021.LICENSE b/src/licensedcode/data/licenses/android-sdk-2021.LICENSE index 80d1c3b8a6..6bd7026c2a 100644 --- a/src/licensedcode/data/licenses/android-sdk-2021.LICENSE +++ b/src/licensedcode/data/licenses/android-sdk-2021.LICENSE @@ -4,8 +4,10 @@ short_name: Android SDK License 2021 name: Android Software Development Kit License Agreement 2021 category: Proprietary Free owner: Google -homepage_url: https://developer.android.com/ndk/downloads#lts-downloads +homepage_url: https://developer.android.com/studio/terms.html spdx_license_key: LicenseRef-scancode-android-sdk-2021 +other_urls: + - https://developer.android.com/ndk/downloads#lts-downloads ignorable_urls: - https://developer.android.com/reference/android/speech/RecognitionService - https://policies.google.com/privacy diff --git a/src/licensedcode/data/licenses/baserow-ee-2019.LICENSE b/src/licensedcode/data/licenses/baserow-ee-2019.LICENSE new file mode 100644 index 0000000000..7f9617cd1d --- /dev/null +++ b/src/licensedcode/data/licenses/baserow-ee-2019.LICENSE @@ -0,0 +1,51 @@ +--- +key: baserow-ee-2019 +short_name: Baserow EE License 2019 +name: Baserow Enterprise Edition License (the "EE License") 2019 +category: Commercial +owner: Baserow +homepage_url: https://github.com/bram2w/baserow/blob/master/enterprise/LICENSE +spdx_license_key: LicenseRef-scancode-baserow-ee-2019 +ignorable_urls: + - https://baserow.io/terms/subscription +--- + +The Baserow Enterprise Edition license (the "EE License") + +The Baserow software and associated documentation files (the "Software") may only be +used in production, if you (and any entity that you represent) have a valid Baserow +Enterprise Edition subscription for the correct number of users, you adhere to the +applicable Baserow Subscription Terms of Service, available at +https://baserow.io/terms/subscription (the "EE Terms") and you adhere to any other +agreement or terms applicable to the use of the Software. Only under the conditions as +set out in this section, and the applicable terms and conditions, Baserow grants you +the right to modify the Software and publish patches to the Software. You agree that +Baserow and/or its licensors (as applicable) retain all right, title and interest in +and to all such modifications and/or patches, and all such modifications and/or patches +may only be used, copied, modified, displayed, distributed, or otherwise exploited with +a valid Baserow Enterprise Edition subscription for the correct number of users. +Notwithstanding the foregoing, you may copy and modify the Software for development and +testing purposes without requiring a Baserow Enterprise Edition subscription. You agree +that Baserow and/or its licensors (as applicable) retain all right, title and interest +in and to all such modifications. You are not granted any other rights beyond what is +expressly stated herein. Subject to the foregoing, it is forbidden to copy, merge, +publish, distribute, sublicense, and/or sell 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 non-infringement. 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. + +The full text of this EE License shall be included in all copies or substantial +parts of the Software. The EE License applies only to the part of the Software that +is not distributed as part of Baserow Open Source Edition (Baserow OSE). Any part of +the Software distributed as part of Baserow OSE or is served client-side as an image, +font, cascading stylesheet (CSS), file which produces or is compiled, arranged, +augmented, or combined into client-side JavaScript, in whole or in part, is copyrighted +under the MIT Expat license. + +For all third party components incorporated into the Baserow Software, those components +are licensed under the original license provided by the owner of the applicable +component. \ No newline at end of file diff --git a/src/licensedcode/data/licenses/baserow-pe-2019.LICENSE b/src/licensedcode/data/licenses/baserow-pe-2019.LICENSE new file mode 100644 index 0000000000..2efa5296c5 --- /dev/null +++ b/src/licensedcode/data/licenses/baserow-pe-2019.LICENSE @@ -0,0 +1,57 @@ +--- +key: baserow-pe-2019 +short_name: Baserow PE License 2019 +name: Baserow Premium Edition License (the "PE License") 2019 +category: Commercial +owner: Baserow +homepage_url: https://github.com/bram2w/baserow/blob/master/premium/LICENSE +spdx_license_key: LicenseRef-scancode-baserow-pe-2019 +ignorable_copyrights: + - Copyright (c) 2019-present Baserow B.V. +ignorable_holders: + - Baserow B.V. +ignorable_urls: + - https://baserow.io/terms/subscription +--- + +The Baserow Premium Edition license (the "PE License") + +Copyright (c) 2019-present Baserow B.V. + +The Baserow software and associated documentation files (the "Software") may only be +used in production, if you (and any entity that you represent) have a valid Baserow +Premium Edition subscription for the correct number of users, you adhere to the +applicable Baserow Subscription Terms of Service, available at +https://baserow.io/terms/subscription (the "PE Terms") and you adhere to any other +agreement or terms applicable to the use of the Software. Only under the conditions as +set out in this section, and the applicable terms and conditions, Baserow grants you +the right to modify the Software and publish patches to the Software. You agree that +Baserow and/or its licensors (as applicable) retain all right, title and interest in +and to all such modifications and/or patches, and all such modifications and/or patches +may only be used, copied, modified, displayed, distributed, or otherwise exploited with +a valid Baserow Premium Edition subscription for the correct number of users. +Notwithstanding the foregoing, you may copy and modify the Software for development and +testing purposes without requiring a Baserow Premium Edition subscription. You agree +that Baserow and/or its licensors (as applicable) retain all right, title and interest +in and to all such modifications. You are not granted any other rights beyond what is +expressly stated herein. Subject to the foregoing, it is forbidden to copy, merge, +publish, distribute, sublicense, and/or sell 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 non-infringement. 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. + +The full text of this PE License shall be included in all copies or substantial +parts of the Software. The PE License applies only to the part of the Software that +is not distributed as part of Baserow Open Source Edition (Baserow OSE). Any part of +the Software distributed as part of Baserow OSE or is served client-side as an image, +font, cascading stylesheet (CSS), file which produces or is compiled, arranged, +augmented, or combined into client-side JavaScript, in whole or in part, is copyrighted +under the MIT Expat license. + +For all third party components incorporated into the Baserow Software, those components +are licensed under the original license provided by the owner of the applicable +component. \ No newline at end of file diff --git a/src/licensedcode/data/licenses/bzip2-libbzip-1.0.5.LICENSE b/src/licensedcode/data/licenses/bzip2-libbzip-1.0.5.LICENSE index 07975226d4..cdedd2624d 100644 --- a/src/licensedcode/data/licenses/bzip2-libbzip-1.0.5.LICENSE +++ b/src/licensedcode/data/licenses/bzip2-libbzip-1.0.5.LICENSE @@ -10,6 +10,13 @@ notes: formerly under spdx_license_key bzip2-1.0.5. See bzip2-libbzip-2010 for r other_urls: - http://www.bzip.org/ - https://sourceware.org/git/?p=bzip2.git;a=blob;f=LICENSE;hb=bzip2-1.0.5 + - https://spdx.org/licenses/bzip2-1.0.5.html +ignorable_copyrights: + - copyright (c) Julian R Seward +ignorable_holders: + - Julian R Seward +ignorable_emails: + - jseward@acm.org --- The bzip2 license diff --git a/src/licensedcode/data/licenses/ccg-research-academic.LICENSE b/src/licensedcode/data/licenses/ccg-research-academic.LICENSE new file mode 100644 index 0000000000..8f34c35715 --- /dev/null +++ b/src/licensedcode/data/licenses/ccg-research-academic.LICENSE @@ -0,0 +1,44 @@ +--- +key: ccg-research-academic +short_name: CogComp Research and Academic Use License +name: Cognitive Computation Group Research License +category: Proprietary Free +owner: NCSA - University of Illinois +homepage_url: https://raw.githubusercontent.com/CogComp/cogcomp-nlp/refs/heads/master/LICENSE +spdx_license_key: LicenseRef-scancode-ccg-research-academic +ignorable_emails: + - danr@cs.uiuc.edu + - otmmailaccount@ad.uiuc.edu +--- + +Research and Academic Use License +Cognitive Computation Group +University of Illinois at Urbana-Champaign + +Downloading software implies that you accept the following license terms: + +Under this Agreement, The Board of Trustees of the University of Illinois ("University"), a body corporate and politic of the State of Illinois with its principal offices at 506 South Wright Street, Urbana, Illinois 61801, U.S.A., on behalf of its Department of Computer Science on the Urbana-Champaign Campus, provides the software ("Software") described in Appendix A, attached hereto and incorporated herein, to the Licensee identified below ("Licensee") subject to the following conditions: + +1. Upon execution of this Agreement by Licensee below, the University grants, and Licensee accepts, a roylaty-free, non-exclusive license: + + A. To use unlimited copies of the Software for its own academic and research purposes. + B. To make derivative works. However, if Licensee distributes any derivative work based on or derived from the Software (with such distribution limited to binary form only), then Licensee will (1) notify the University (c/o Professor Dan Roth, e-mail: danr@cs.uiuc.edu) regarding its distribution of the derivative work and provide a copy if requested, and (2) clearly notify users that such derivative work is a modified version and not the original Software distributed by the University. + C. To redistribute (sublicense) derivative works based on the Software in binary form only to third parties provided that (1) the copyright notice and any accompanying legends or proprietary notices are reproduced on all copies, (2) no royalty is charged for such copies, and (3) third parties are restricted to using the derivative work for academic and research purposes only, without further sublicensing rights. + +No license is granted herein that would permit Licensee to incorporate the Software into a commercial product, or to otherwise commercially exploit the Software. Should Licensee wish to make commercial use of the Software, Licensee should contact the University, c/o the Office of Technology Management ("OTM") to negotiate an appropriate license for such commercial use. To contact the OTM: otmmailaccount@ad.uiuc.edu; telephone: (217)333-3781; fax: (217) 265-5530. + +2. THE UNIVERSITY GIVES NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, FOR THE SOFTWARE AND/OR ASSOCIATED MATERIALS PROVIDED UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, WARRANTY OF MERCHANTABILITY AND WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY AGAINST INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS. + +3. Licensee understands the Software is a research tool for which no warranties as to capabilities or accuracy are made, and Licensee accepts the Software on an "as is, with all defects" basis, without maintenance, debugging , support or improvement. Licensee assumes the entire risk as to the results and performance of the Software and/or associated materials. Licensee agrees that University shall not be held liable for any direct, indirect, consequential, or incidental damages with respect to any claim by Licensee or any third party on account of or arising from this Agreement or use of the Software and/or associated materials. + +4. Licensee understands the Software is proprietary to the University. Licensee will take all reasonable steps to insure that the source code is protected and secured from unauthorized disclosure, use, or release and will treat it with at least the same level of care as Licensee would use to protect and secure its own proprietary computer programs and/or information, but using no less than reasonable care. + +5. In the event that Licensee shall be in default in the performance of any material obligations under this Agreement, and if the default has not been remedied within sixty (60) days after the date of notice in writing of such default, University may terminate this Agreement by written notice. In the event of termination, Licensee shall promptly return to University the original and any copies of licensed Software in Licensee's possession. In the event of any termination of this Agreement, any and all sublicenses granted by Licensee to third parties pursuant to this Agreement (as permitted by this Agreement) prior to the date of such termination shall nevertheless remain in full force and effect. + +6. The Software was developed, in part, with support from the National Science Foundation, and the Federal Government has certain license rights in the Software. + +7. This Agreement shall be construed and interpreted in accordance with the laws of the State of Illinois, U.S.A.. + +8. This Agreement shall be subject to all United States Government laws and regulations now and hereafter applicable to the subject matter of this Agreement, including specifically the Export Law provisions of the Departments of Commerce and State. Licensee will not export or re-export the Software without the appropriate United States or foreign government license. + +By its registration below, Licensee confirms that it understands the terms and conditions of this Agreement, and agrees to be bound by them. This Agreement shall become effective as of the date of execution by Licensee. \ No newline at end of file diff --git a/src/licensedcode/data/licenses/dbisl-1.0.LICENSE b/src/licensedcode/data/licenses/dbisl-1.0.LICENSE new file mode 100644 index 0000000000..15dd0c0db4 --- /dev/null +++ b/src/licensedcode/data/licenses/dbisl-1.0.LICENSE @@ -0,0 +1,160 @@ +--- +key: dbisl-1.0 +language: de +short_name: DB Inner Source License 1.0 +name: Deutsche Bahn Inner Source License 1.0 +category: Copyleft Limited +owner: Deutsche Bahn +homepage_url: https://github.com/dbsystel/open-source-policies/blob/master/DB-Inner-Source-License.md +spdx_license_key: LicenseRef-scancode-dbisl-1.0 +text_urls: + - https://raw.githubusercontent.com/dbsystel/open-source-policies/refs/heads/master/DB-Inner-Source-License.md +ignorable_urls: + - http://creativecommons.org/licenses/by/4.0 + - http://creativecommons.org/licenses/by/4.0/ + - https://github.com/cornelius + - https://github.com/schlomo +--- + +# DB Inner Source Lizenz Version 1.0 + +_Fachautoren: [Cornelius Schumacher](https://github.com/cornelius), [Schlomo Schapiro](https://github.com/schlomo) (beide DB Systel GmbH)_ + +Diese Inner-Source-Lizenz für die Deutsche Bahn („DBISL“) gilt für Werke (im Sinne der nachfolgenden Begriffsbestimmung), die unter DBISL-Bedingungen zur Verfügung gestellt werden. Das Werk darf nur in der durch diese Lizenz gestatteten Form genutzt werden (insoweit eine solche Nutzung dem Urheber vorbehalten ist). + +Das Werk wird unter den Bedingungen dieser Lizenz zur Verfügung gestellt, wenn der Lizenzgeber (im Sinne der nachfolgenden Begriffsbestimmung) den folgenden Hinweis unmittelbar hinter dem Urheberrechtshinweis dieses Werks anbringt: + +„Lizenziert unter der DBISL“ oder alternativ „Licensed under the DBISL“ + +oder in einer anderen Form zum Ausdruck bringt, dass er es unter der DBISL lizenzieren möchte. + +## 1. Begriffsbestimmungen + +Für diese Lizenz gelten folgende Begriffsbestimmungen: + +* „Lizenz“: diese Lizenz. +* „Originalwerk“: das Werk oder die Software, die vom Lizenzgeber unter dieser Lizenz verbreitet oder zugänglich gemacht wird, und zwar als Quellcode und gegebenenfalls auch als ausführbarer Code. +* „Bearbeitungen“: die Werke oder Software, die der Lizenznehmer auf der Grundlage des Originalwerks oder seiner Bearbeitungen schaffen kann. In dieser Lizenz wird nicht festgelegt, wie umfangreich die Änderung oder wie stark die Abhängigkeit vom Originalwerk für eine Einstufung als Bearbeitung sein muss; dies bestimmt sich nach dem anwendbaren Urheberrecht +* „Werk“: das Originalwerk oder seine Bearbeitungen. +* „Quellcode“: diejenige Form des Werkes, die zur Auffassung durch den Menschen bestimmt ist und die am besten geeignet ist, um vom Menschen verstanden und verändert zu werden. +* „Ausführbarer Code“: die — üblicherweise — kompilierte Form des Werks, die von einem Computer als Programm ausgeführt werden soll. +* „Lizenzgeber“: die juristische Person innerhalb des DB Konzerns, die das Werk unter der Lizenz verbreitet oder zugänglich macht. +* „Urheberrechtsinhaber/Autor“: jeder, der bestimmte von ihm selbst entwickelte oder von Dritten vorgegebene Aufgabenstellungen in ein Originalwerk umsetzt oder am Originalwerk eine Bearbeitung vornimmt. +* „Bearbeiter“: jeder, der das Werk unter der Lizenz verändert oder auf andere Weise zur Schaffung einer Bearbeitung beiträgt. Jeder Autor ist auch Bearbeiter. +* „Lizenznehmer“ („Sie“, „Ihnen“): jede juristische Person innerhalb des DB Konzerns, die das Werk unter den Lizenzbedingungen nutzt. +* „Verbreitung“ oder „Zugänglichmachung“: alle Formen von Verkauf, Überlassung, Verleih, Vermietung, Verbreitung, Weitergabe, Übermittlung oder anderweitiger Online- oder Offline-Bereitstellung von Vervielfältigungen des Werks oder Zugänglichmachung seiner wesentlichen Funktionen für dritte natürliche oder juristische Personen. +* „Beitrag“: jedes urheberrechtliche Werk, einschließlich des Originalwerks sowie jeglicher Änderungen, die der Bearbeiter vornimmt, und die dem Lizenzgeber bewusst zur Aufnahme in das Werk eingereicht werden. +* „DB“ oder „DB Konzern“: die Deutsche Bahn AG und alle mit ihr nach §15 AktG verbundenen Unternehmen. + +## 2. Umfang der Lizenzrechte + +Der Lizenzgeber erteilt Ihnen hiermit eine weltweite, unentgeltliche, nicht ausschließliche, unterlizenzierbare Lizenz, die Sie für Geschäftszwecke des DB Konzerns berechtigt: + +* das Werk uneingeschränkt zu nutzen, +* das Werk zu vervielfältigen, +* das Werk zu verändern und Bearbeitungen auf der Grundlage des Werks zu schaffen, +* das Werk oder Vervielfältigungen davon innerhalb der DB zu verbreiten, + +Für die Wahrnehmung dieser Rechte können beliebige, derzeit bekannte oder künftige Medien, Träger und Formate verwendet werden, soweit das geltende Recht dem nicht entgegensteht. + +Der Lizenzgeber erteilt dem Lizenznehmer ein nicht ausschließliches, unentgeltliches Nutzungsrecht an seinen Patenten, sofern dies zur Ausübung der durch die Lizenz erteilten Nutzungsrechte am Werk notwendig ist. + +## 3. Zugänglichmachung des Quellcodes + +Der Lizenzgeber kann das Werk entweder als Quellcode oder als ausführbaren Code zur Verfügung stellen. Stellt er es als ausführbaren Code zur Verfügung, so stellt er darüber hinaus eine maschinenlesbare Kopie des Quellcodes für jedes von ihm verbreitete Vervielfältigungsstück des Werks zur Verfügung, oder er verweist in einem Vermerk im Anschluss an den dem Werk beigefügten Urheberrechtshinweis auf einen Speicherort, an dem problemlos und unentgeltlich auf den Quellcode zugegriffen werden kann, solange der Lizenzgeber das Werk verbreitet oder zugänglich macht. + +## 4. Einschränkungen des Urheberrechts + +Es ist nicht Zweck dieser Lizenz, Ausnahmen oder Schranken der ausschließlichen Rechte des Urhebers am Werk, die dem Lizenznehmer zugutekommen, einzuschränken. Auch die Erschöpfung dieser Rechte bleibt von dieser Lizenz unberührt. + +## 5. Pflichten des Lizenznehmers + +Die Einräumung der oben genannten Rechte ist an mehrere Beschränkungen und Pflichten für den Lizenznehmer gebunden: + +* Inner Source: Der Lizenznehmer darf das Werk ausschließlich für Geschäftszwecke des DB Konzerns nutzen. +* Urheberrechtshinweis, Lizenztext, Nennung des Bearbeiters: Der Lizenznehmer muss alle Urheberrechts-, Patent- oder Markenrechtshinweise und alle Hinweise auf die Lizenz und den Haftungsausschluss unverändert lassen. Jedem von ihm verbreiteten oder zugänglich gemachten Vervielfältigungsstück des Werks muss der Lizenznehmer diese Hinweise sowie diese Lizenz beifügen. Der Lizenznehmer muss auf jedem abgeleiteten Werk deutlich darauf hinweisen, dass das Werk geändert wurde, und das Datum der Bearbeitung angeben. +* „Copyleft“-Klausel: Der Lizenznehmer darf Vervielfältigungen des Originalwerks oder Bearbeitungen nur unter den Bedingungen dieser DBISL oder einer neueren Version dieser Lizenz innerhalb der DB verbreiten oder zugänglich machen. Der Lizenznehmer (der zum Lizenzgeber wird) darf für das Werk oder die Bearbeitung keine zusätzlichen Bedingungen anbieten oder vorschreiben, die die Bedingungen dieser Lizenz verändern oder einschränken. +* Bereitstellung des Quellcodes: Wenn der Lizenznehmer Vervielfältigungsstücke des Werks verbreitet oder zugänglich macht, muss er eine maschinenlesbare Fassung des Quellcodes mitliefern oder einen Speicherort angeben, über den problemlos und unentgeltlich so lange auf diesen Quellcode zugegriffen werden kann, wie der Lizenznehmer das Werk verbreitet oder zugänglich macht. +* Rechtsschutz: Diese Lizenz erlaubt nicht die Benutzung von Kennzeichen, Marken oder geschützten Namensrechten des Lizenzgebers, soweit dies nicht für die angemessene und übliche Beschreibung der Herkunft des Werks und der inhaltlichen Wiedergabe des Urheberrechtshinweises erforderlich ist. + +# 6. Urheber und Bearbeiter + +Der ursprüngliche Lizenzgeber gewährleistet, dass er das Urheberrecht am Originalwerk innehat oder dieses an ihn lizenziert wurde und dass er befugt ist, diese Lizenz zu erteilen. + +Jeder Bearbeiter gewährleistet, dass er das Urheberrecht an den von ihm vorgenommenen Änderungen des Werks besitzt und befugt ist, einen Beitrag unter dieser Lizenz zu erstellen und beizutragen. + +Für jeden Fall, in dem der Lizenznehmer die Lizenz annimmt, erteilt der ursprüngliche Lizenzgeber und alle folgenden Bearbeiter eine Befugnis zur Nutzung der Beiträge zum Werk unter den Bedingungen dieser Lizenz. + +## 7. Gewährleistungsausschluss + +Falls die konzerninternen Leistungsbedingungen keine Anwendung finden, gelten die folgenden Regelungen. + +Die Arbeit an diesem Werk wird laufend fortgeführt; es wird durch unzählige Bearbeiter ständig verbessert. Das Werk ist nicht vollendet und kann daher Fehler („Bugs“) enthalten, die dieser Art der Entwicklung inhärent sind. + +Aus den genannten Gründen wird das Werk unter dieser Lizenz „so, wie es ist“ ohne jegliche Gewährleistung zur Verfügung gestellt. Dies gilt unter anderem — aber nicht ausschließlich — für Marktreife, Verwendbarkeit für einen bestimmten Zweck, Mängelfreiheit, Richtigkeit sowie Nichtverletzung von anderen Immaterialgüterrechten als dem Urheberrecht (vgl. dazu Artikel 6 dieser Lizenz). + +Dieser Gewährleistungsausschluss ist wesentlicher Bestandteil der Lizenz und Bedingung für die Einräumung von Rechten an dem Werk. + +## 8. Haftungsausschluss/Haftungsbeschränkung + +Falls die konzerninternen Leistungsbedingungen keine Anwendung finden, gelten die folgenden Regelungen. + +Außer in Fällen von Vorsatz oder der Verursachung von Personenschäden haftet der Lizenzgeber nicht für direkte oder indirekte, materielle oder immaterielle Schäden irgendwelcher Art, die aus der Lizenz oder der Benutzung des Werks folgen; dies gilt unter anderem, aber nicht ausschließlich, für Firmenwertverluste, Produktionsausfall, Computerausfall oder Computerfehler, Datenverlust oder wirtschaftliche Schäden, und zwar auch dann, wenn der Lizenzgeber auf die Möglichkeit solcher Schäden hingewiesen wurde. Unabhängig davon haftet der Lizenzgeber im Rahmen der gesetzlichen Produkthaftung, soweit die entsprechenden Regelungen auf das Werk anwendbar sind. + +## 9. Zusatzvereinbarungen + +Wenn der Lizenznehmer das Werk verbreitet, kann er Zusatzvereinbarungen schließen, in denen Verpflichtungen oder Dienstleistungen festgelegt werden, die mit dieser Lizenz vereinbar sind. + +Der Lizenznehmer darf Verpflichtungen nur in seinem eigenen Namen eingehen, nicht jedoch im Namen des ursprünglichen Lizenzgebers oder eines anderen Bearbeiters, und nur, wenn er sich gegenüber allen Bearbeitern verpflichtet, sie zu entschädigen, zu verteidigen und von der Haftung freizustellen, falls aufgrund der von ihm eingegangenen Gewährleistungsverpflichtung oder Haftungsübernahme Forderungen gegen sie geltend gemacht werden oder eine Haftungsverpflichtung entsteht. + +## 10. Annahme der Lizenz + +Der Lizenznehmer stimmt den Bestimmungen dieser Lizenz zu, indem er das Symbol „Lizenz annehmen“ unter dem Fenster mit dem Lizenztext anklickt oder indem er seine Zustimmung auf vergleichbare Weise gibt. Das Anklicken des Symbols gilt als Anzeichen der eindeutigen und unwiderruflichen Annahme der Lizenz und der darin enthaltenen Klauseln und Bedingungen. + +In gleicher Weise gilt als Zeichen der eindeutigen und unwiderruflichen Zustimmung die Ausübung eines Rechtes, das in Artikel 2 dieser Lizenz angeführt ist, wie das Erstellen einer Bearbeitung oder die Verbreitung oder Zugänglichmachung des Werks oder dessen Vervielfältigungen. + +## 11. Informationspflichten + +Wenn der Lizenznehmer das Werk verbreitet oder zugänglich macht (beispielsweise, indem er es zum Herunterladen von einer Website anbietet), muss der Lizenznehmer über den Vertriebskanal oder das benutzte Verbreitungsmedium dem Adressatenkreis bzw. der Öffentlichkeit Mindest-Informationen bereitstellen, üblicherweise bezüglich der Lizenzgeber, der Lizenz und ihrer Zugänglichkeit, des Abschlusses des Lizenzvertrags sowie darüber, wie die Lizenz durch den Lizenznehmer gespeichert und vervielfältigt werden kann. + +## 12. Beendigung der Lizenz + +Die Lizenz und die damit eingeräumten Rechte erlöschen automatisch, wenn der Lizenznehmer gegen die Lizenzbedingungen verstößt. + +Ein solches Erlöschen der Lizenz führt nicht zum Erlöschen der Lizenzen von Dritten, denen das Werk vom Lizenznehmer unter dieser Lizenz zur Verfügung gestellt worden ist, solange diese Personen die Lizenzbedingungen erfüllen. + +## 13. Einreichung von Beiträgen + +Sofern nichts ausdrücklich anderes angegeben, unterliegt jeder Beitrag, den der Lizenzgeber bewusst zur Aufnahme in das Werk eingereicht hat, den Bedingungen dieser Lizenz, ohne dass zusätzliche Bedingungen gelten. Ungeachtet des Vorstehenden ersetzt oder ändert keine der hierin enthaltenen Bestimmungen die Bedingungen einer separaten Lizenzvereinbarung, die der Auftraggeber möglicherweise mit dem Auftragnehmer für solche Beiträge abgeschlossen hat. + +Für die Länder, in denen Urheberpersönlichkeitsrechte an einem Werk entstehen können, verzichtet der Urheberrechtsinhaber/Autor im gesetzlich zulässigen Umfang auf seine Urheberpersönlichkeitsrechte, um die Lizenzierung der oben aufgeführten Verwertungsrechte wirksam durchführen zu können. + +## 14. Sonstiges + +Unbeschadet des Artikels 9 stellt diese Lizenz die vollständige Vereinbarung der Parteien über das Werk dar. + +Es gilt deutsches Recht. Sind einzelne Bestimmungen der Lizenz nach geltendem Recht nichtig oder unwirksam, so berührt dies nicht die Wirksamkeit oder Durchsetzbarkeit der Lizenz an sich. Solche Bestimmungen werden vielmehr dergestalt ausgelegt oder modifiziert, dass sie wirksam und durchsetzbar sind. + +## 15. Gesellschaftsrechtliche Veränderungen + +Bei gesellschaftsrechtlichen Veränderungen, z.B. dem Verkauf oder der Abspaltung einer DB Gesellschaft, gilt folgende Regelung: + +Eine weitere Nutzung der lizenzierten Software durch ein nicht mehr dem DB Konzern angehöriges Unternehmen unterliegt der Zustimmung durch die Urheber bzw. das [Entscheidungsgremium]. + +## 16. Lizenzänderungen + +Die Urheber eines Werks können gemeinsam eine Änderung der Lizenz entscheiden, z.B. um das Werk als Open Source Software zu veröffentlichen. Falls die Urheber nicht verfügbar sind oder sich nicht einigen können, so kann das [Entscheidungsgremium] stellvertretend für alle Urheber innerhalb der DB die Änderung der Lizenz für ein Werk beschließen. + +## 17. Streitbeilegung + +Unbeschadet der Regelungen in den konzerninternen Leistungsbedingungen zwischen den Parteien gilt zwischen den Parteien Folgendes: + +Bei Streitigkeiten im Zusammenhang mit der Auslegung und Anwendung dieser Lizenz, bei denen mehr als ein Konzernunternehmen beteiligt ist, dient das [Entscheidungsgremium] als Entscheidungsgremium, welches von jeder Partei angerufen werden kann. + +## 18. Lizenz der Lizenz + +Dieser Lizenztext ist lizenziert unter einer „[Creative Commons Namensnennung 4.0 International Lizenz](http://creativecommons.org/licenses/by/4.0/)“ (CC-BY 4.0), siehe http://creativecommons.org/licenses/by/4.0/ für den vollständigen Lizenztext. + +Sie dürfen diesen Lizenztext für sich kopieren und anpassen, solange Sie dabei die Deutsche Bahn Marke und „DB“ nur innerhalb der DB benutzen. Falls Sie das Material für die Verwendung außerhalb der DB anpassen, so müssen Sie alle Nennungen der Deutschen Bahn und DB ersetzen bzw. entfernen. Geänderte Versionen des Lizenztextes müssen klar als geänderte Versionen kenntlich gemacht werden. + +Teile des Textes dieser Lizenz basieren auf der EU Public License (EUPL) v1.2. \ No newline at end of file diff --git a/src/licensedcode/data/licenses/deepseek-la-1.0.LICENSE b/src/licensedcode/data/licenses/deepseek-la-1.0.LICENSE new file mode 100644 index 0000000000..034b86a344 --- /dev/null +++ b/src/licensedcode/data/licenses/deepseek-la-1.0.LICENSE @@ -0,0 +1,107 @@ +--- +key: deepseek-la-1.0 +short_name: DeepSeek License Agreement v1.0 +name: DeepSeek License Agreement v1.0 +category: Source-available +owner: DeepSeek +homepage_url: https://github.com/deepseek-ai/DeepSeek-V3/blob/main/LICENSE-MODEL +spdx_license_key: LicenseRef-scancode-deepseek-la-1.0 +other_urls: + - https://chat.deepseek.com/downloads/DeepSeek%20Terms%20of%20Use.html +ignorable_copyrights: + - Copyright (c) 2023 DeepSeek +ignorable_holders: + - DeepSeek +--- + +DEEPSEEK LICENSE AGREEMENT + +Version 1.0, 23 October 2023 + +Copyright (c) 2023 DeepSeek + +Section I: PREAMBLE + +Large generative models are being widely adopted and used, and have the potential to transform the way individuals conceive and benefit from AI or ML technologies. + +Notwithstanding the current and potential benefits that these artifacts can bring to society at large, there are also concerns about potential misuses of them, either due to their technical limitations or ethical considerations. + +In short, this license strives for both the open and responsible downstream use of the accompanying model. When it comes to the open character, we took inspiration from open source permissive licenses regarding the grant of IP rights. Referring to the downstream responsible use, we added use-based restrictions not permitting the use of the model in very specific scenarios, in order for the licensor to be able to enforce the license in case potential misuses of the Model may occur. At the same time, we strive to promote open and responsible research on generative models for content generation. + +Even though downstream derivative versions of the model could be released under different licensing terms, the latter will always have to include - at minimum - the same use-based restrictions as the ones in the original license (this license). We believe in the intersection between open and responsible AI development; thus, this agreement aims to strike a balance between both in order to enable responsible open-science in the field of AI. + +This License governs the use of the model (and its derivatives) and is informed by the model card associated with the model. + +NOW THEREFORE, You and DeepSeek agree as follows: + +1. Definitions +"License" means the terms and conditions for use, reproduction, and Distribution as defined in this document. +"Data" means a collection of information and/or content extracted from the dataset used with the Model, including to train, pretrain, or otherwise evaluate the Model. The Data is not licensed under this License. +"Output" means the results of operating a Model as embodied in informational content resulting therefrom. +"Model" means any accompanying machine-learning based assemblies (including checkpoints), consisting of learnt weights, parameters (including optimizer states), corresponding to the model architecture as embodied in the Complementary Material, that have been trained or tuned, in whole or in part on the Data, using the Complementary Material. +"Derivatives of the Model" means all modifications to the Model, works based on the Model, or any other model which is created or initialized by transfer of patterns of the weights, parameters, activations or output of the Model, to the other model, in order to cause the other model to perform similarly to the Model, including - but not limited to - distillation methods entailing the use of intermediate data representations or methods based on the generation of synthetic data by the Model for training the other model. +"Complementary Material" means the accompanying source code and scripts used to define, run, load, benchmark or evaluate the Model, and used to prepare data for training or evaluation, if any. This includes any accompanying documentation, tutorials, examples, etc, if any. +"Distribution" means any transmission, reproduction, publication or other sharing of the Model or Derivatives of the Model to a third party, including providing the Model as a hosted service made available by electronic or other remote means - e.g. API-based or web access. +"DeepSeek" (or "we") means Beijing DeepSeek Artificial Intelligence Fundamental Technology Research Co., Ltd., Hangzhou DeepSeek Artificial Intelligence Fundamental Technology Research Co., Ltd. and/or any of their affiliates. +"You" (or "Your") means an individual or Legal Entity exercising permissions granted by this License and/or making use of the Model for whichever purpose and in any field of use, including usage of the Model in an end-use application - e.g. chatbot, translator, etc. +"Third Parties" means individuals or legal entities that are not under common control with DeepSeek or You. + +Section II: INTELLECTUAL PROPERTY RIGHTS + +Both copyright and patent grants apply to the Model, Derivatives of the Model and Complementary Material. The Model and Derivatives of the Model are subject to additional terms as described in Section III. + +2. Grant of Copyright License. Subject to the terms and conditions of this License, DeepSeek hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare, publicly display, publicly perform, sublicense, and distribute the Complementary Material, the Model, and Derivatives of the Model. + +3. Grant of Patent License. Subject to the terms and conditions of this License and where and as applicable, DeepSeek hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this paragraph) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Model and the Complementary Material, where such license applies only to those patent claims licensable by DeepSeek that are necessarily infringed by its contribution(s). If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Model and/or Complementary Material constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for the Model and/or works shall terminate as of the date such litigation is asserted or filed. + + +Section III: CONDITIONS OF USAGE, DISTRIBUTION AND REDISTRIBUTION + +4. Distribution and Redistribution. You may host for Third Party remote access purposes (e.g. software-as-a-service), reproduce and distribute copies of the Model or Derivatives of the Model thereof in any medium, with or without modifications, provided that You meet the following conditions: +a. Use-based restrictions as referenced in paragraph 5 MUST be included as an enforceable provision by You in any type of legal agreement (e.g. a license) governing the use and/or distribution of the Model or Derivatives of the Model, and You shall give notice to subsequent users You Distribute to, that the Model or Derivatives of the Model are subject to paragraph 5. This provision does not apply to the use of Complementary Material. +b. You must give any Third Party recipients of the Model or Derivatives of the Model a copy of this License; +c. You must cause any modified files to carry prominent notices stating that You changed the files; +d. You must retain all copyright, patent, trademark, and attribution notices excluding those notices that do not pertain to any part of the Model, Derivatives of the Model. +e. You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions - respecting paragraph 4.a. – for use, reproduction, or Distribution of Your modifications, or for any such Derivatives of the Model as a whole, provided Your use, reproduction, and Distribution of the Model otherwise complies with the conditions stated in this License. + +5. Use-based restrictions. The restrictions set forth in Attachment A are considered Use-based restrictions. Therefore You cannot use the Model and the Derivatives of the Model for the specified restricted uses. You may use the Model subject to this License, including only for lawful purposes and in accordance with the License. Use may include creating any content with, finetuning, updating, running, training, evaluating and/or reparametrizing the Model. You shall require all of Your users who use the Model or a Derivative of the Model to comply with the terms of this paragraph (paragraph 5). + +6. The Output You Generate. Except as set forth herein, DeepSeek claims no rights in the Output You generate using the Model. You are accountable for the Output you generate and its subsequent uses. No use of the output can contravene any provision as stated in the License. + +Section IV: OTHER PROVISIONS + +7. Updates and Runtime Restrictions. To the maximum extent permitted by law, DeepSeek reserves the right to restrict (remotely or otherwise) usage of the Model in violation of this License. + +8. Trademarks and related. Nothing in this License permits You to make use of DeepSeek’ trademarks, trade names, logos or to otherwise suggest endorsement or misrepresent the relationship between the parties; and any rights not expressly granted herein are reserved by DeepSeek. + +9. Personal information, IP rights and related. This Model may contain personal information and works with IP rights. You commit to complying with applicable laws and regulations in the handling of personal information and the use of such works. Please note that DeepSeek's license granted to you to use the Model does not imply that you have obtained a legitimate basis for processing the related information or works. As an independent personal information processor and IP rights user, you need to ensure full compliance with relevant legal and regulatory requirements when handling personal information and works with IP rights that may be contained in the Model, and are willing to assume solely any risks and consequences that may arise from that. + +10. Disclaimer of Warranty. Unless required by applicable law or agreed to in writing, DeepSeek provides the Model and the Complementary Material 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 Model, Derivatives of the Model, and the Complementary Material and assume any risks associated with Your exercise of permissions under this License. + +11. 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 DeepSeek 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 Model and the Complementary Material (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 DeepSeek has been advised of the possibility of such damages. + +12. Accepting Warranty or Additional Liability. While redistributing the Model, Derivatives of the Model and the Complementary Material 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 DeepSeek, and only if You agree to indemnify, defend, and hold DeepSeek harmless for any liability incurred by, or claims asserted against, DeepSeek by reason of your accepting any such warranty or additional liability. + +13. If any provision of this License is held to be invalid, illegal or unenforceable, the remaining provisions shall be unaffected thereby and remain valid as if such provision had not been set forth herein. + +14. Governing Law and Jurisdiction. This agreement will be governed and construed under PRC laws without regard to choice of law principles, and the UN Convention on Contracts for the International Sale of Goods does not apply to this agreement. The courts located in the domicile of Hangzhou DeepSeek Artificial Intelligence Fundamental Technology Research Co., Ltd. shall have exclusive jurisdiction of any dispute arising out of this agreement. + +END OF TERMS AND CONDITIONS + +Attachment A + +Use Restrictions + +You agree not to use the Model or Derivatives of the Model: + +- In any way that violates any applicable national or international law or regulation or infringes upon the lawful rights and interests of any third party; +- For military use in any way; +- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way; +- To generate or disseminate verifiably false information and/or content with the purpose of harming others; +- To generate or disseminate inappropriate content subject to applicable regulatory requirements; +- To generate or disseminate personal identifiable information without due authorization or for unreasonable use; +- To defame, disparage or otherwise harass others; +- For fully automated decision making that adversely impacts an individual’s legal rights or otherwise creates or modifies a binding, enforceable obligation; +- For any use intended to or which has the effect of discriminating against or harming individuals or groups based on online or offline social behavior or known or predicted personal or personality characteristics; +- To exploit any of the vulnerabilities of a specific group of persons based on their age, social, physical or mental characteristics, in order to materially distort the behavior of a person pertaining to that group in a manner that causes or is likely to cause that person or another person physical or psychological harm; +- For any use intended to or which has the effect of discriminating against individuals or groups based on legally protected characteristics or categories. \ No newline at end of file diff --git a/src/licensedcode/data/licenses/elixir-trademark-policy.LICENSE b/src/licensedcode/data/licenses/elixir-trademark-policy.LICENSE new file mode 100644 index 0000000000..06af1b463c --- /dev/null +++ b/src/licensedcode/data/licenses/elixir-trademark-policy.LICENSE @@ -0,0 +1,114 @@ +--- +key: elixir-trademark-policy +short_name: Elixir Trademark Policy +name: Elixir Team Trademarks Policy +category: Proprietary Free +owner: Elixir +homepage_url: https://github.com/elixir-lang/elixir/blob/main/LICENSES/LicenseRef-elixir-trademark-policy.txt +spdx_license_key: LicenseRef-scancode-elixir-trademark-policy +other_spdx_license_keys: + - LicenseRef-elixir-trademark-policy +other_urls: + - https://elixir-lang.org/images/logo/logo.png +ignorable_emails: + - trademarks@elixir-lang.org +--- + +ELIXIR TEAM TRADEMARKS POLICY + +This document outlines the policy for allowed usage of the “Elixir” word and the +Elixir logo by other parties. + +“Elixir” and the Elixir logo are registered trademarks of the Elixir Team. The +Elixir Team believes in a decentralized approach to growing the community and +the ecosystem, independent of the Elixir project and the Elixir Team. + +Anyone can use the Elixir trademarks if that use of the trademark is nominative. +The trademarks must not be used to disparage the project and its community, nor +be used in any way to imply ownership, endorsement, or association with the +Elixir project and the Elixir Team. + +You must not visually combine the Elixir logo with any other images, or change +the logo in any way other than ways required by printing restrictions. If you +want to create your own visual identity in relation to Elixir, you might use the +shape of an unrelated “water drop” as part of your design, as seen in many +community projects and initiatives. You must not combine or modify the Elixir +logo. + +The Elixir logo is available in our repository in both vertical and horizontal +versions. + +Nominative use +The “nominative use” (or “nominative fair use”) is a legal doctrine that +authorizes everyone (even commercial companies) to use or refer to the trademark +of another if: + +The product or service in question must be one not readily identifiable without +use of the trademark. + +Only so much of the mark or marks may be used as is reasonably necessary to +identify the product or service. + +The organization using the mark must do nothing that would, in conjunction with +the mark, suggest sponsorship or endorsement by the trademark holder. + +Our trademarks must be used to refer to the Elixir programming language. + +Examples of permitted use +All examples listed next must strictly adhere to the terms outlined in the +previous sections: + +Usage of the Elixir logo to say a technology is “powered by Elixir” under +nominative use. Linking back to the Elixir website, if possible, is appreciated. + +Usage of the Elixir logo to display it as a supported technology in a service or +platform. For instance, you may say “we support Elixir” and use the Elixir logo, +but you may not refer to yourself as “the Elixir platform” nor imply any form of +endorsement or association with Elixir. + +Usage of the Elixir logo in non-commercial community meetups, in presentations, +and in courses when referring to the language and its ecosystem under nominative +use. + +Usage of the Elixir logo in non-commercial swag (stickers, t-shirts, mugs, etc) +to promote the Elixir programming language. The Elixir marks must be the only +marks featured in the product. You need permission to make swag that include +Elixir and other third party marks in them. + +Inclusion of the Elixir logo in non-commercial icon sets. Use of the Elixir +icons must still adhere to Elixir’s trademark policies. + +Usage of the “Elixir” word in book titles, meetups, conferences, and podcasts. +You must not use the word to imply uniqueness or endorsement from the Elixir +team. “The Elixir book” and “The Elixir podcast” are not permitted. +“Elixir in Action”, “Thinking Elixir”, and “Kraków Elixir User Group” are valid +examples already in use today. + +Usage of the “Elixir” word in the names of freely distributed software and +hardware products is allowed when referring to use with or suitability for the +Elixir programming language, such as wxElixir, Elixirsense, etc. If the product +includes the Elixir programming language itself, then you must also respect its +license. + +Examples of not permitted use +Here is a non-exhaustive list of non permitted uses of the marks: + +Usage of the Elixir logo in book covers, conferences, and podcasts. + +Usage of the Elixir logo as the mark of third party projects, even in combination +with other marks. + +Naming any company or product after Elixir, such as “The Elixir Hosting”, +“The Elixir Consultants”, etc. + +Examples that require permission +Here are some examples that may be granted permission upon request: + +Selling merchandise (stickers, t-shirts, mugs, etc). +You can request permission by emailing trademarks@elixir-lang.org. + +Important note +Nothing in this page shall be interpreted to allow any third party to claim any +association with the Elixir project and the Elixir Team, or to imply any +approval or support by the Elixir project and the Elixir Team for any third +party products, services, or events. \ No newline at end of file diff --git a/src/licensedcode/data/licenses/gemma-tou-2024-04-01.LICENSE b/src/licensedcode/data/licenses/gemma-tou-2024-04-01.LICENSE new file mode 100644 index 0000000000..33a78d49b7 --- /dev/null +++ b/src/licensedcode/data/licenses/gemma-tou-2024-04-01.LICENSE @@ -0,0 +1,110 @@ +--- +key: gemma-tou-2024-04-01 +short_name: Gemma ToU 2024-04-01 +name: Gemma Terms of Use 2024-04-01 +category: Proprietary Free +owner: Google +homepage_url: https://ai.google.dev/gemma/terms +spdx_license_key: LicenseRef-scancode-gemma-tou-2024-04-01 +faq_url: https://ai.google.dev/gemma/prohibited_use_policy +--- + +Gemma Terms of Use + +Last modified: April 1, 2024 + +By using, reproducing, modifying, distributing, performing or displaying any portion or element of Gemma, Model Derivatives including via any Hosted Service, (each as defined below) (collectively, the "Gemma Services") or otherwise accepting the terms of this Agreement, you agree to be bound by this Agreement. + +Section 1: DEFINITIONS + +1.1 Definitions + +(a) "Agreement" or "Gemma Terms of Use" means these terms and conditions that govern the use, reproduction, Distribution or modification of the Gemma Services and any terms and conditions incorporated by reference. + +(b) "Distribution" or "Distribute" means any transmission, publication, or other sharing of Gemma or Model Derivatives to a third party, including by providing or making Gemma or its functionality available as a hosted service via API, web access, or any other electronic or remote means ("Hosted Service"). + +(c) "Gemma" means the set of machine learning language models, trained model weights and parameters identified at ai.google.dev/gemma, regardless of the source that you obtained it from. + +(d) "Google" means Google LLC. + +(e) "Model Derivatives" means all (i) modifications to Gemma, (ii) works based on Gemma, or (iii) any other machine learning model which is created by transfer of patterns of the weights, parameters, operations, or Output of Gemma, to that model in order to cause that model to perform similarly to Gemma, including distillation methods that use intermediate data representations or methods based on the generation of synthetic data Outputs by Gemma for training that model. For clarity, Outputs are not deemed Model Derivatives. + +(f) "Output" means the information content output of Gemma or a Model Derivative that results from operating or otherwise using Gemma or the Model Derivative, including via a Hosted Service. + +1.2 + +As used in this Agreement, "including" means "including without limitation". + +Section 2: ELIGIBILITY AND USAGE + +2.1 Eligibility + +You represent and warrant that you have the legal capacity to enter into this Agreement (including being of sufficient age of consent). If you are accessing or using any of the Gemma Services for or on behalf of a legal entity, (a) you are entering into this Agreement on behalf of yourself and that legal entity, (b) you represent and warrant that you have the authority to act on behalf of and bind that entity to this Agreement and (c) references to "you" or "your" in the remainder of this Agreement refers to both you (as an individual) and that entity. + +2.2 Use + +You may use, reproduce, modify, Distribute, perform or display any of the Gemma Services only in accordance with the terms of this Agreement, and must not violate (or encourage or permit anyone else to violate) any term of this Agreement. + +Section 3: DISTRIBUTION AND RESTRICTIONS + +3.1 Distribution and Redistribution + +You may reproduce or Distribute copies of Gemma or Model Derivatives if you meet all of the following conditions: + + You must include the use restrictions referenced in Section 3.2 as an enforceable provision in any agreement (e.g., license agreement, terms of use, etc.) governing the use and/or distribution of Gemma or Model Derivatives and you must provide notice to subsequent users you Distribute to that Gemma or Model Derivatives are subject to the use restrictions in Section 3.2. + You must provide all third party recipients of Gemma or Model Derivatives a copy of this Agreement. + You must cause any modified files to carry prominent notices stating that you modified the files. + All Distributions (other than through a Hosted Service) must be accompanied by a "Notice" text file that contains the following notice: "Gemma is provided under and subject to the Gemma Terms of Use found at ai.google.dev/gemma/terms". + +You may add your own intellectual property statement to your modifications and, except as set forth in this Section, may provide additional or different terms and conditions for use, reproduction, or Distribution of your modifications, or for any such Model Derivatives as a whole, provided your use, reproduction, modification, Distribution, performance, and display of Gemma otherwise complies with the terms and conditions of this Agreement. Any additional or different terms and conditions you impose must not conflict with the terms of this Agreement. + +3.2 Use Restrictions + +You must not use any of the Gemma Services: + + for the restricted uses set forth in the Gemma Prohibited Use Policy at ai.google.dev/gemma/prohibited_use_policy ("Prohibited Use Policy"), which is hereby incorporated by reference into this Agreement; or + in violation of applicable laws and regulations. + +To the maximum extent permitted by law, Google reserves the right to restrict (remotely or otherwise) usage of any of the Gemma Services that Google reasonably believes are in violation of this Agreement. + +3.3 Generated Output + +Google claims no rights in Outputs you generate using Gemma. You and your users are solely responsible for Outputs and their subsequent uses. + +Section 4: ADDITIONAL PROVISIONS + +4.1 Updates + +Google may update Gemma from time to time. + +4.2 Trademarks + +Nothing in this Agreement grants you any rights to use Google's trademarks, trade names, logos or to otherwise suggest endorsement or misrepresent the relationship between you and Google. Google reserves any rights not expressly granted herein. + +4.3 DISCLAIMER OF WARRANTY + +UNLESS REQUIRED BY APPLICABLE LAW, THE GEMMA SERVICES, AND OUTPUTS, ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING 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, REPRODUCING, MODIFYING, PERFORMING, DISPLAYING OR DISTRIBUTING ANY OF THE GEMMA SERVICES OR OUTPUTS AND ASSUME ANY AND ALL RISKS ASSOCIATED WITH YOUR USE OR DISTRIBUTION OF ANY OF THE GEMMA SERVICES OR OUTPUTS AND YOUR EXERCISE OF RIGHTS AND PERMISSIONS UNDER THIS AGREEMENT. + +4.4 LIMITATION OF LIABILITY + +TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT AND UNDER NO LEGAL THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, CONTRACT, OR OTHERWISE, UNLESS REQUIRED BY APPLICABLE LAW, SHALL GOOGLE OR ITS AFFILIATES BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS OF ANY KIND ARISING FROM THIS AGREEMENT OR RELATED TO, ANY OF THE GEMMA SERVICES OR OUTPUTS EVEN IF GOOGLE OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. + +4.5 Term, Termination, and Survival + +The term of this Agreement will commence upon your acceptance of this Agreement (including acceptance by your use, modification, or Distribution, reproduction, performance or display of any portion or element of the Gemma Services) and will continue in full force and effect until terminated in accordance with the terms of this Agreement. Google may terminate this Agreement if you are in breach of any term of this Agreement. Upon termination of this Agreement, you must delete and cease use and Distribution of all copies of Gemma and Model Derivatives in your possession or control. Sections 1, 2.1, 3.3, 4.2 to 4.9 shall survive the termination of this Agreement. + +4.6 Governing Law and Jurisdiction + +This Agreement will be governed by the laws of the State of California without regard to choice of law principles. The UN Convention on Contracts for the International Sale of Goods does not apply to this Agreement. The state and federal courts of Santa Clara County, California shall have exclusive jurisdiction of any dispute arising out of this Agreement. + +4.7 Severability + +If any provision of this Agreement is held to be invalid, illegal or unenforceable, the remaining provisions shall be unaffected thereby and remain valid as if such provision had not been set forth herein. + +4.8 Entire Agreement + +This Agreement states all the terms agreed between the parties and supersedes all other agreements between the parties as of the date of acceptance relating to its subject matter. + +4.9 No Waiver + +Google will not be treated as having waived any rights by not exercising (or delaying the exercise of) any rights under this Agreement. \ No newline at end of file diff --git a/src/licensedcode/data/licenses/keep-ee-2024.LICENSE b/src/licensedcode/data/licenses/keep-ee-2024.LICENSE new file mode 100644 index 0000000000..1c2e792bee --- /dev/null +++ b/src/licensedcode/data/licenses/keep-ee-2024.LICENSE @@ -0,0 +1,55 @@ +--- +key: keep-ee-2024 +short_name: Keep Enterprise Edition (EE) +name: The Keep Enterprise Edition (EE) license (the Enterprise License) +category: Commercial +owner: Keep +homepage_url: https://github.com/keephq/keep/blob/main/ee/LICENSE +spdx_license_key: LicenseRef-scancode-keep-ee-2024 +faq_url: https://www.keephq.dev/terms-of-service +other_urls: + - https://www.keephq.dev/pricing + - https://github.com/keephq/keep +ignorable_copyrights: + - Copyright (c) 2024-present Keep Alerting LTD +ignorable_holders: + - Keep Alerting LTD +ignorable_urls: + - https://www.keephq.dev/terms-of-service +--- + +The Keep Enterprise Edition (EE) license (the Enterprise License) +Copyright (c) 2024-present Keep Alerting LTD + +With regard to the Keep Software: + +This software and associated documentation files (the "Software") may only be +used in production, if you (and any entity that you represent) have agreed to, +and are in compliance with, the Keep Subscription Terms of Service, available +(if not available, it's impossible to comply) +at https://www.keephq.dev/terms-of-service (the "The Enterprise Terms”), or other +agreement governing the use of the Software, as agreed by you and Keep, +and otherwise have a valid Keep Enterprise Edition subscription for the +correct number of user seats. Subject to the foregoing sentence, you are free to +modify this Software and publish patches to the Software. You agree that Keep +and/or its licensors (as applicable) retain all right, title and interest in and +to all such modifications and/or patches, and all such modifications and/or +patches may only be used, copied, modified, displayed, distributed, or otherwise +exploited with a valid Keep Enterprise Edition subscription for the correct +number of user seats. You agree that Keep and/or its licensors (as applicable) retain +all right, title and interest in and to all such modifications. You are not +granted any other rights beyond what is expressly stated herein. Subject to the +foregoing, it is forbidden to copy, merge, publish, distribute, sublicense, +and/or sell 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. + +For all third party components incorporated into the Keep Software, those +components are licensed under the original license provided by the owner of the +applicable component. \ No newline at end of file diff --git a/src/licensedcode/data/licenses/llama-3.2-license-2024.LICENSE b/src/licensedcode/data/licenses/llama-3.2-license-2024.LICENSE new file mode 100644 index 0000000000..2d2d32a329 --- /dev/null +++ b/src/licensedcode/data/licenses/llama-3.2-license-2024.LICENSE @@ -0,0 +1,93 @@ +--- +key: llama-3.2-license-2024 +short_name: Llama 3.2 Community License Agreement 2024 +name: Llama 3.2 Community License Agreement 2024 +category: Proprietary Free +owner: Facebook +homepage_url: https://github.com/meta-llama/llama-models/blob/main/models/llama3_2/LICENSE +spdx_license_key: LicenseRef-scancode-llama-3.2-license-2024 +text_urls: + - https://raw.githubusercontent.com/meta-llama/llama-models/refs/heads/main/models/llama3_2/LICENSE +other_urls: + - https://github.com/meta-llama/llama-models +ignorable_copyrights: + - Copyright (c) Meta Platforms, Inc. +ignorable_holders: + - Meta Platforms, Inc. +ignorable_urls: + - https://about.meta.com/brand/resources/meta/company-brand + - https://www.llama.com/docs/overview + - https://www.llama.com/llama-downloads + - https://www.llama.com/llama3_2/use-policy +--- + +LLAMA 3.2 COMMUNITY LICENSE AGREEMENT + +Llama 3.2 Version Release Date: September 25, 2024 + +“Agreement” means the terms and conditions for use, reproduction, distribution and modification of the Llama Materials set forth herein. + + +“Documentation” means the specifications, manuals and documentation accompanying Llama 3.2 distributed by Meta at https://www.llama.com/docs/overview. + + +“Licensee” or “you” means you, or your employer or any other person or entity (if you are entering into this Agreement on such person or entity’s behalf), of the age required under applicable laws, rules or regulations to provide legal consent and that has legal authority to bind your employer or such other person or entity if you are entering in this Agreement on their behalf. + + +“Llama 3.2” means the foundational large language models and software and algorithms, including machine-learning model code, trained model weights, inference-enabling code, training-enabling code, fine-tuning enabling code and other elements of the foregoing distributed by Meta at https://www.llama.com/llama-downloads. + + +“Llama Materials” means, collectively, Meta’s proprietary Llama 3.2 and Documentation (and any portion thereof) made available under this Agreement. + + +“Meta” or “we” means Meta Platforms Ireland Limited (if you are located in or, if you are an entity, your principal place of business is in the EEA or Switzerland) and Meta Platforms, Inc. (if you are located outside of the EEA or Switzerland). + + +By clicking “I Accept” below or by using or distributing any portion or element of the Llama Materials, you agree to be bound by this Agreement. + + +1. License Rights and Redistribution. + + + a. Grant of Rights. You are granted a non-exclusive, worldwide, non-transferable and royalty-free limited license under Meta’s intellectual property or other rights owned by Meta embodied in the Llama Materials to use, reproduce, distribute, copy, create derivative works of, and make modifications to the Llama Materials. + + + b. Redistribution and Use. + + + i. If you distribute or make available the Llama Materials (or any derivative works thereof), or a product or service (including another AI model) that contains any of them, you shall (A) provide a copy of this Agreement with any such Llama Materials; and (B) prominently display “Built with Llama” on a related website, user interface, blogpost, about page, or product documentation. If you use the Llama Materials or any outputs or results of the Llama Materials to create, train, fine tune, or otherwise improve an AI model, which is distributed or made available, you shall also include “Llama” at the beginning of any such AI model name. + + + ii. If you receive Llama Materials, or any derivative works thereof, from a Licensee as part of an integrated end user product, then Section 2 of this Agreement will not apply to you. + + + iii. You must retain in all copies of the Llama Materials that you distribute the following attribution notice within a “Notice” text file distributed as a part of such copies: “Llama 3.2 is licensed under the Llama 3.2 Community License, Copyright © Meta Platforms, Inc. All Rights Reserved.” + + + iv. Your use of the Llama Materials must comply with applicable laws and regulations (including trade compliance laws and regulations) and adhere to the Acceptable Use Policy for the Llama Materials (available at https://www.llama.com/llama3_2/use-policy), which is hereby incorporated by reference into this Agreement. + +2. Additional Commercial Terms. If, on the Llama 3.2 version release date, the monthly active users of the products or services made available by or for Licensee, or Licensee’s affiliates, is greater than 700 million monthly active users in the preceding calendar month, you must request a license from Meta, which Meta may grant to you in its sole discretion, and you are not authorized to exercise any of the rights under this Agreement unless or until Meta otherwise expressly grants you such rights. + + +3. Disclaimer of Warranty. UNLESS REQUIRED BY APPLICABLE LAW, THE LLAMA MATERIALS AND ANY OUTPUT AND RESULTS THEREFROM ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND META DISCLAIMS ALL WARRANTIES OF ANY KIND, BOTH EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USING OR REDISTRIBUTING THE LLAMA MATERIALS AND ASSUME ANY RISKS ASSOCIATED WITH YOUR USE OF THE LLAMA MATERIALS AND ANY OUTPUT AND RESULTS. + + +4. Limitation of Liability. IN NO EVENT WILL META OR ITS AFFILIATES BE LIABLE UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, PRODUCTS LIABILITY, OR OTHERWISE, ARISING OUT OF THIS AGREEMENT, FOR ANY LOST PROFITS OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF META OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE FOREGOING. + + +5. Intellectual Property. + + + a. No trademark licenses are granted under this Agreement, and in connection with the Llama Materials, neither Meta nor Licensee may use any name or mark owned by or associated with the other or any of its affiliates, except as required for reasonable and customary use in describing and redistributing the Llama Materials or as set forth in this Section 5(a). Meta hereby grants you a license to use “Llama” (the “Mark”) solely as required to comply with the last sentence of Section 1.b.i. You will comply with Meta’s brand guidelines (currently accessible at https://about.meta.com/brand/resources/meta/company-brand/). All goodwill arising out of your use of the Mark will inure to the benefit of Meta. + + + b. Subject to Meta’s ownership of Llama Materials and derivatives made by or for Meta, with respect to any derivative works and modifications of the Llama Materials that are made by you, as between you and Meta, you are and will be the owner of such derivative works and modifications. + + + c. If you institute litigation or other proceedings against Meta or any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Llama Materials or Llama 3.2 outputs or results, or any portion of any of the foregoing, constitutes infringement of intellectual property or other rights owned or licensable by you, then any licenses granted to you under this Agreement shall terminate as of the date such litigation or claim is filed or instituted. You will indemnify and hold harmless Meta from and against any claim by any third party arising out of or related to your use or distribution of the Llama Materials. + + +6. Term and Termination. 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The courts of California shall have exclusive jurisdiction of any dispute arising out of this Agreement. \ No newline at end of file diff --git a/src/licensedcode/data/licenses/mdl-2021.LICENSE b/src/licensedcode/data/licenses/mdl-2021.LICENSE new file mode 100644 index 0000000000..80a0cf0dfd --- /dev/null +++ b/src/licensedcode/data/licenses/mdl-2021.LICENSE @@ -0,0 +1,58 @@ +--- +key: mdl-2021 +short_name: MDL 2021 +name: Montreal Data License (MDL) 2021 +category: Proprietary Free +owner: LaboBioInfoUQÀM +homepage_url: https://github.com/bioinfoUQAM/Canadian-cropland-dataset-github/blob/ec09b091b69423a87febc56309c1e86d3b61e8cb/DATA_LICENSE +spdx_license_key: LicenseRef-scancode-mdl-2021 +other_urls: + - https://arxiv.org/abs/1903.12262 +--- + +Montreal Data License (MDL) + +The following licensing language is made available under CC-BY4. Attribution should be made to Montreal Data License (MDL), or License language based on Montreal Data License. +The authors are not legal advisors to the individuals and entities making use of these licensing terms. The licensing terms can be combined as needed to match the rights conferred by the licensor. +The language below assumes that all rights are granted, however each right should be conferred or not based on the users intent. +Data License for use in AI and ML: + +This license covers the Data made available by Licensor to you (Licensee) under the following terms. Licensees use of the data consists acceptance of the terms of this license agreement (License). + +1. Definitions + a. Data means the informational content (individually or as a whole) made available by Licensor. + b. Model means machine-learning or artificial-intelligence based algorithms, or assemblies thereof that, in combination with different techniques, may be used to obtain certain results. Without limitation, such results can be insights on past data patterns, predictions on future trends or more abstract results. + c. Output means the results of operating a Trained Model as embodied in informational content resulting therefrom. + d. Representation is a transformation of a piece of data into a different form. Good representations can be used as input to perform useful tasks. + e. Labelled Data means the associated metadata and informational content derived from Data which identify, comment or otherwise derive information from Data, such as tags and labels. + f. Licensor means the individual or entity making the Data available to you. + g. Third Parties means individuals or entities that are not under common control with Licensee. + h. Train means to expose an Untrained Model to the Data in order to adjust the weights, hyperparameters and/or structure thereof. + i. Trained Model means a Model that is exposed to Data such that its weights, parameters and architecture embody insights from the Data. + j. Untrained Model means Model that is conceived and reduced to practice as to its structure, components and architecture but that has not been trained on Data such that its weights, parameters and architecture do not embody insights from the Data. + +2. General Clauses + a. Unless otherwise agreed in writing by the parties, the data is licensed as is and as available. Licensor excludes all representations, warranties, obligations, and liabilities, whether express or implied, to the maximum extent permitted by law. + b. Nothing in this License permits Licensee to make use of Licensors trademarks, tradenames, logos or to otherwise suggest endorsement or misrepresent the relationship between the parties. + c. The rights granted under this license are deemed to be non-exclusive, worldwide, perpetual and irrevocable, unless otherwise specified in writing by Licensor. + d. Without limiting Licensees rights available under applicable law, all rights not expressly granted hereunder are hereby reserved by Licensor. The Data and the database under which it is made available remain the property of Licensor (and/or its affiliates or licensors). + e. This license shall be terminated upon any breach by Licensee of the terms of this License. + +3. Licensed Rights to the Data + a. Licensor hereby grants the following rights to Licensee with respect to making use of the Data itself. + i. Access the Data, where access means to access, view and/or download the Data to view it and evaluate it (evaluation algorithms may be exposed to it, but no Untrained Models). + ii. Creation of Tagged Data. + iii. Distribute the Data, i.e. to make all or part of the Data available to Third Parties under the same terms as those of this License. + iv. Creation of a Representation of the Data. + +4. Licensed Rights in Conjunction with Models. + a. Licensor hereby grants the following rights to Licensee with respect to making use of the Data in conjunction with Models. + i. Benchmark: To access the Data, use the Data as training data to evaluate the efficiency of different Untrained Models, algorithms and structures, but excludes reuse of the Trained Model, except to show the results of the Training. This includes the right to use the dataset to measure performance of a Trained or Un-trained Model, without however having the right to carry-over weights, code or architecture or implement any modifications resulting from the Evaluation. + ii. Research: To access the Data, use the Data to create or improve Models, but with-out the right to use the Output or resulting Trained Model for any purpose other than evaluating the Model Research under the same terms. + iii. Publish: To make available to Third Parties the Models resulting from Research, provided however that third parties accessing such Trained Models have the right to use them for Research or Publication only. + iv. Internal Use: To access the Data, use the Data to create or improve Models and resulting Output, but without the right to Output Commercialization or Model Commercialization. The Output can be used internally for any purpose, but not made available to Third Parties or for their benefit. + b. The rights granted in (a) above exclude the following rights with respect to making use of the Data in conjunction with Models: + i. Output Commercialization: To access the Data, use the Data to create or improve Models and resulting Output, with the right to make the Output available to Third Parties or to use it for their benefit, without the right to Model Commercialization. + ii. Model Commercialization: Make a Trained Model itself available to a Third Party, or embodying the Trained Model in a product or service, with or without direct access to the Output for such Third Party. + +5. Attribution and Notice Attribution and Notice. The origin of the Data and notices included with the Data shall be made available to Third Parties to whom the Data, Output and/Model have been made available. Any distribution of all or part of the Data shall be done under the same terms as those of this License. Licensee shall make commercially reasonable efforts to link to the source of the Data. If so indicated by the Licensor in writing alongside the Data that the use shall be deemed confidential, then Licensee shall not publicly refer to Licensor and/or the source of the Data. \ No newline at end of file diff --git a/src/licensedcode/data/licenses/nvidia-nccl-sla-2016.LICENSE b/src/licensedcode/data/licenses/nvidia-nccl-sla-2016.LICENSE new file mode 100644 index 0000000000..8896c07ffd --- /dev/null +++ b/src/licensedcode/data/licenses/nvidia-nccl-sla-2016.LICENSE @@ -0,0 +1,261 @@ +--- +key: nvidia-nccl-sla-2016 +short_name: NVIDIA NCCL SLA 2016 +name: NVIDIA NCCL SLA 2016 +category: Proprietary Free +owner: NVIDIA +homepage_url: https://docs.nvidia.com/deeplearning/nccl/archives/nccl_2251/sla/index.html +spdx_license_key: LicenseRef-scancode-nvidia-nccl-sla-2016 +ignorable_urls: + - http://www.nvidia.com/object/privacy_policy.html +--- + +This document is the Software License Agreement (SLA) for NVIDIA NCCL. The following contains specific license terms and conditions for NVIDIA NCCL. By accepting this agreement, you agree to comply with all the terms and conditions applicable to the specific product(s) included herein. + +1. NVIDIA SOFTWARE LICENSE AGREEMENT +Release Date: October 20, 2016 +Important: READ BEFORE DOWNLOADING, INSTALLING, COPYING OR USING THE LICENSED SOFTWARE + +This Software License Agreement ("SLA"), made and entered into as of the time and date of click through action (“Effective Date"), is a legal agreement between you and NVIDIA Corporation ("NVIDIA") and governs the use of the NVIDIA computer software and the documentation made available for use with such NVIDIA software. By downloading, installing, copying, or otherwise using the NVIDIA software and/or documentation, you agree to be bound by the terms of this SLA. If you do not agree to the terms of this SLA, do not download, install, copy or use the NVIDIA software or documentation. IF YOU ARE ENTERING INTO THIS SLA ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THE ENTITY TO THIS SLA, IN WHICH CASE “YOU" WILL MEAN THE ENTITY YOU REPRESENT. IF YOU DON’T HAVE SUCH AUTHORITY, OR IF YOU DON’T ACCEPT ALL THE TERMS AND CONDITIONS OF THIS SLA, THEN NVIDIA DOES NOT AGREE TO LICENSE THE LICENSED SOFTWARE TO YOU, AND YOU MAY NOT DOWNLOAD, INSTALL, COPY OR USE IT. + +2. SOFTWARE LICENSE AGREEMENT +2.1. License +2.1.1. License Grant + +Subject to the terms of the AGREEMENT, NVIDIA hereby grants you a non-exclusive, non-transferable license, without the right to sublicense (except as expressly set forth in a Supplement), during the applicable license term unless earlier terminated as provided below, to have Authorized Users install and use the Software, including modifications (if expressly permitted in a Supplement), in accordance with the Documentation. You are only licensed to activate and use Licensed Software for which you a have a valid license, even if during the download or installation you are presented with other product options. No Orders are binding on NVIDIA until accepted by NVIDIA. Your Orders are subject to the AGREEMENT. + +SLA Supplements: Certain Licensed Software licensed under this SLA may be subject to additional terms and conditions that will be presented to you in a Supplement for acceptance prior to the delivery of such Licensed Software under this SLA and the applicable Supplement. Licensed Software will only be delivered to you upon your acceptance of all applicable terms. + +2.1.2. Limited Purpose Licenses +If your license is provided for one of the purposes indicated below, then notwithstanding contrary terms in License Grant or in a Supplement, such licenses are for internal use and do not include any right or license to sub-license and distribute the Licensed Software or its output in any way in any public release, however limited, and/or in any manner that provides third parties with use of or access to the Licensed Software or its functionality or output, including (but not limited to) external alpha or beta testing or development phases. Further: + + Evaluation License. You may use evaluation licenses solely for your internal evaluation of the Licensed Software for broader adoption within your Enterprise or in connection with a NVIDIA product purchase decision, and such licenses have an expiration date as indicated by NVIDIA in its sole discretion (or ninety days from the date of download if no other duration is indicated). + Educational/Academic License. You may use educational/academic licenses solely for educational purposes and all users must be enrolled or employed by an academic institution. If you do not meet NVIDIA’s academic program requirements for educational institutions, you have no rights under this license. + Test/Development License. You may use test/development licenses solely for your internal development, testing and/or debugging of your software applications or for interoperability testing with the Licensed Software, and such licenses have an expiration date as indicated by NVIDIA in its sole discretion (or one year from the date of download if no other duration is indicated). NVIDIA Confidential Information under the AGREEMENT includes output from Licensed Software developer tools identified as “Pro" versions, where the output reveals functionality or performance data pertinent to NVIDIA hardware or software products. + +2.1.3. 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NVIDIA has no obligation to make available a commercial version of any Pre-Release Licensed Software and NVIDIA has the right to abandon development of Pre-Release Licensed Software at any time without liability. + +2.1.4. Enterprise and Contractor Usage +You may allow your Enterprise employees and Contractors to access and use the Licensed Software pursuant to the terms of the AGREEMENT solely to perform work on your behalf, provided further that with respect to Contractors: + + you obtain a written agreement from each Contractor which contains terms and obligations with respect to access to and use of Licensed Software no less protective of NVIDIA than those set forth in the AGREEMENT, and + such Contractor’s access and use expressly excludes any sublicensing or distribution rights for the Licensed Software. + +You are responsible for the compliance with the terms and conditions of the AGREEMENT by your Enterprise and Contractors. Any act or omission that, if committed by you, would constitute a breach of the AGREEMENT shall be deemed to constitute a breach of the AGREEMENT if committed by your Enterprise or Contractors. + +2.1.5. Services + +Except as expressly indicated in an Order, NVIDIA is under no obligation to provide support for the Licensed Software or to provide any patches, maintenance, updates or upgrades under the AGREEMENT. Unless patches, maintenance, updates or upgrades are provided with their separate governing terms and conditions, they constitute Licensed Software licensed to you under the AGREEMENT. +2.2. Limitations +2.2.1. 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You acknowledge that NVIDIA does not design, test, manufacture or certify the Licensed Software for use in the context of a Critical Application and NVIDIA shall not be liable to you or any third party, in whole or in part, for any claims or damages arising from such use. You agree to defend, indemnify and hold harmless NVIDIA and its Affiliates, and their respective employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, fines, restitutions and expenses (including but not limited to attorney’s fees and costs incident to establishing the right of indemnification) arising out of or related to you and your Enterprise, and their respective employees, contractors, agents, distributors, resellers, end users, officers and directors use of Licensed Software outside of the scope of the AGREEMENT or any other breach of the terms of the AGREEMENT. + +2.2.2. Third Party License Obligations + +You acknowledge and agree that the Licensed Software may include or incorporate third party technology (collectively “Third Party Components"), which is provided for use in or with the Software and not otherwise used separately. If the Licensed Software includes or incorporates Third Party Components, then the third-party pass-through terms and conditions (“Third Party Terms") for the particular Third Party Component will be bundled with the Software or otherwise made available online as indicated by NVIDIA and will be incorporated by reference into the AGREEMENT. In the event of any conflict between the terms in the AGREEMENT and the Third Party Terms, the Third Party Terms shall govern. Copyright to Third Party Components are held by the copyright holders indicated in the copyright notices indicated in the Third Party Terms. + +Audio/Video Encoders and Decoders: You acknowledge and agree that it is your sole responsibility to obtain any additional third party licenses required to make, have made, use, have used, sell, import, and offer for sale your products or services that include or incorporate any Third Party Components and content relating to audio and/or video encoders and decoders from, including but not limited to, Microsoft, Thomson, Fraunhofer IIS, Sisvel S.p.A., MPEG-LA, and Coding Technologies as NVIDIA does not grant to you under the AGREEMENT any necessary patent or other rights with respect to audio and/or video encoders and decoders. + +2.2.3. Limited Rights + +Your rights in the Licensed Software are limited to those expressly granted under the AGREEMENT and no other licenses are granted whether by implication, estoppel or otherwise. NVIDIA reserves all rights, title and interest in and to the Licensed Software not expressly granted under the AGREEMENT. + +2.3. CONFIDENTIALITY +Neither party will use the other party’s Confidential Information, except as necessary for the performance of the AGREEMENT, nor will either party disclose such Confidential Information to any third party, except to personnel of NVIDIA and its Affiliates, you, your Enterprise, your Enterprise Contractors, and each party’s legal and financial advisors that have a need to know such Confidential Information for the performance of the AGREEMENT, provided that each such personnel, employee and Contractor is subject to a written agreement that includes confidentiality obligations consistent with those set forth herein. Each party will use all reasonable efforts to maintain the confidentiality of all of the other party’s Confidential Information in its possession or control, but in no event less than the efforts that it ordinarily uses with respect to its own Confidential Information of similar nature and importance. The foregoing obligations will not restrict either party from disclosing the other party’s Confidential Information or the terms and conditions of the AGREEMENT as required under applicable securities regulations or pursuant to the order or requirement of a court, administrative agency, or other governmental body, provided that the party required to make such disclosure + + gives reasonable notice to the other party to enable it to contest such order or requirement prior to its disclosure (whether through protective orders or otherwise), + uses reasonable effort to obtain confidential treatment or similar protection to the fullest extent possible to avoid such public disclosure, and + discloses only the minimum amount of information necessary to comply with such requirements. + +2.4. OWNERSHIP + +You are not obligated to disclose to NVIDIA any modifications that you, your Enterprise or your Contractors make to the Licensed Software as permitted under the AGREEMENT. As between the parties, all modifications are owned by NVIDIA and licensed to you under the AGREEMENT unless otherwise expressly provided in a Supplement. The Licensed Software and all modifications owned by NVIDIA, and the respective Intellectual Property Rights therein, are and will remain the sole and exclusive property of NVIDIA or its licensors, whether the Licensed Software is separate from or combined with any other products or materials. You shall not engage in any act or omission that would impair NVIDIA’s and/or its licensors’ Intellectual Property Rights in the Licensed Software or any other materials, information, processes or subject matter proprietary to NVIDIA. NVIDIA’s licensors are intended third party beneficiaries with the right to enforce provisions of the AGREEMENT with respect to their Confidential Information and/or Intellectual Property Rights. + +2.5. FEEDBACK + +You have no obligation to provide Feedback to NVIDIA. However, NVIDIA and/or its Affiliates may use and include any Feedback that you provide to improve the Licensed Software or other NVIDIA products, technologies or materials. Accordingly, if you provide Feedback, you agree that NVIDIA and/or its Affiliates, at their option, may, and may permit their licensees, to make, have made, use, have used, reproduce, license, distribute and otherwise commercialize the Feedback in the Licensed Software or in other NVIDIA products, technologies or materials without the payment of any royalties or fees to you. All Feedback becomes the sole property of NVIDIA and may be used in any manner NVIDIA sees fit, and you hereby assign to NVIDIA all of your right, title and interest in and to any Feedback. NVIDIA has no obligation to respond to Feedback or to incorporate Feedback into the Licensed Software. + +2.6. NO WARRANTIES + +THE LICENSED SOFTWARE AND ANY OTHER CONFIDENTIAL INFORMATION AND/OR SERVICES ARE PROVIDED BY NVIDIA “AS IS" AND “WITH ALL FAULTS," AND NVIDIA EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF OPERABILITY, CONDITION, VALUE, ACCURACY OF DATA, OR QUALITY, AS WELL AS ANY WARRANTIES OF MERCHANTABILITY, SYSTEM INTEGRATION, WORKMANSHIP, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THE ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT. NO WARRANTY IS MADE BY NVIDIA ON THE BASIS OF TRADE USAGE, COURSE OF DEALING OR COURSE OF TRADE. NVIDIA DOES NOT WARRANT THAT THE LICENSED SOFTWARE OR ANY OTHER CONFIDENTIAL INFORMATION AND/OR SERVICES PROVIDED BY NVIDIA UNDER THE AGREEMENT WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ALL ERRORS WILL BE CORRECTED. YOU ACKNOWLEDGE THAT NVIDIA’S OBLIGATIONS UNDER THE AGREEMENT ARE FOR THE BENEFIT OF YOU ONLY. Nothing in this warranty section affects any statutory rights of consumers or other recipients to the extent that they cannot be waived or limited by contract under applicable law. + +2.7. LIMITATION OF LIABILITY + +TO THE MAXIMUM EXTENT PERMITTED BY LAW, NVIDIA OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY LOST PROFITS, LOSS OF USE, LOSS OF DATA OR LOSS OF GOODWILL, OR THE COSTS OF PROCURING SUBSTITUTE PRODUCTS, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR THE USE OR PERFORMANCE OF THE LICENSED SOFTWARE AND ANY OTHER CONFIDENTIAL INFORMATION AND/OR SERVICES PROVIDED BY NVIDIA UNDER THE AGREEMENT, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER CAUSE OF ACTION OR THEORY OF LIABILITY. IN NO EVENT WILL NVIDIA’S TOTAL CUMULATIVE LIABILITY UNDER OR ARISING OUT OF THE AGREEMENT EXCEED THE NET AMOUNTS RECEIVED BY NVIDIA FOR YOUR USE OF THE PARTICULAR LICENSED SOFTWARE DURING THE TWELVE (12) MONTHS BEFORE THE LIABILITY AROSE (or up to US$10.00 if you acquired the Licensed Software for no charge). THE NATURE OF THE LIABILITY, THE NUMBER OF CLAIMS OR SUITS OR THE NUMBER OF PARTIES WITHIN YOUR ENTERPRISE THAT ACCEPTED THE TERMS OF THE AGREEMENT SHALL NOT ENLARGE OR EXTEND THIS LIMIT. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER NVIDIA OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. The disclaimers, exclusions and limitations of liability set forth in the AGREEMENT form an essential basis of the bargain between the parties, and, absent any such disclaimers, exclusions or limitations of liability, the provisions of the AGREEMENT, including, without limitation, the economic terms, would be substantially different. + +2.8. TERM AND TERMINATION +2.8.1. AGREEMENT, Licenses and Services +This SLA shall become effective upon the Effective Date, each Supplement upon their acceptance, and both this SLA and Supplements shall continue in effect until your last access or use of the Licensed Software and/or services hereunder, unless earlier terminated as provided in this “Term and Termination" section. Each Licensed Software license ends at the earlier of + + the expiration of the applicable license term, or + termination of such license or the AGREEMENT. + +Each service ends at the earlier of (x) the expiration of the applicable service term, (y) termination of such service or the AGREEMENT, or (z) expiration or termination of the associated license and no credit or refund will be provided upon the expiration or termination of the associated license for any service fees paid. + +2.8.2. Termination and Effect of Expiration or Termination +NVIDIA may terminate the AGREEMENT in whole or in part: + + if you breach any term of the AGREEMENT and fail to cure such breach within thirty (30) days following notice thereof from NVIDIA (or immediately if you violate NVIDIA’s Intellectual Property Rights); + if you become the subject of a voluntary or involuntary petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or composition for the benefit of creditors, if that petition or proceeding is not dismissed with prejudice within sixty (60) days after filing, or if you cease to do business; or + if you commence or participate in any legal proceeding against NVIDIA, with respect to the Licensed Software that is the subject of the proceeding during the pendency of such legal proceeding. If you or your authorized NVIDIA reseller fail to pay license fees or service fees when due then NVIDIA may, in its sole discretion, suspend or terminate your license grants, services and any other rights provided under the AGREEMENT for the affected Licensed Software, in addition to any other remedies NVIDIA may have at law or equity. Upon any expiration or termination of the AGREEMENT, a license or a service provided hereunder, + any amounts owed to NVIDIA become immediately due and payable, + you must promptly discontinue use of the affected Licensed Software and/or service, and + you must promptly destroy or return to NVIDIA all copies of the affected Licensed Software and all portions thereof in your possession or control, and each party will promptly destroy or return to the other all of the other party’s Confidential Information within its possession or control. + +Upon written request, you will certify in writing that you have complied with your obligations under this section. Upon expiration or termination of the AGREEMENT all provisions survive except for the license grant provisions. + +2.9. CONSENT TO COLLECTION AND USE OF INFORMATION +You hereby agree and acknowledge that the Software may access and collect non-personally identifiable information about your Enterprise computer systems in order to properly optimize such systems for use with the Software. To the extent that you use the Software, you hereby consent to all of the foregoing, and represent and warrant that you have the right to grant such consent. In addition, you agree that you are solely responsible for maintaining appropriate data backups and system restore points for your Enterprise systems, and that NVIDIA will have no responsibility for any damage or loss to such systems (including loss of data or access) arising from or relating to + + any changes to the configuration, application settings, environment variables, registry, drivers, BIOS, or other attributes of the systems (or any part of such systems) initiated through the Software; or + installation of any Software or third party software patches initiated through the Software. + +In certain systems you may change your system update preferences by unchecking "Automatically check for updates" in the "Preferences" tab of the control panel for the Software. +In connection with the receipt of the Licensed Software or services you may receive access to links to third party websites and services and the availability of those links does not imply any endorsement by NVIDIA. NVIDIA encourages you to review the privacy statements on those sites and services that you choose to visit so that you can understand how they may collect, use and share personal information of individuals. NVIDIA is not responsible or liable for: + + the availability or accuracy of such links; or + the products, services or information available on or through such links; or + the privacy statements or practices of sites and services controlled by other companies or organizations. + +To the extent that you or members of your Enterprise provide to NVIDIA during registration or otherwise personal information, you acknowledge that such information will be collected, used and disclosed by NVIDIA in accordance with NVIDIA's privacy policy, available at URL http://www.nvidia.com/object/privacy_policy.html. + +2.10. GENERAL + +This SLA, any Supplements incorporated hereto, and Orders constitute the entire agreement of the parties with respect to the subject matter hereto and supersede all prior negotiations, conversations, or discussions between the parties relating to the subject matter hereto, oral or written, and all past dealings or industry custom. Any additional and/or conflicting terms and conditions on purchase order(s) or any other documents issued by you are null, void, and invalid. Any amendment or waiver under the AGREEMENT must be in writing and signed by representatives of both parties. + +The AGREEMENT and the rights and obligations thereunder may not be assigned by you, in whole or in part, including by merger, consolidation, dissolution, operation of law, or any other manner, without written consent of NVIDIA, and any purported assignment in violation of this provision shall be void and of no effect. NVIDIA may assign, delegate or transfer the AGREEMENT and its rights and obligations hereunder, and if to a non-Affiliate you will be notified. + +Each party acknowledges and agrees that the other is an independent contractor in the performance of the AGREEMENT, and each party is solely responsible for all of its employees, agents, contractors, and labor costs and expenses arising in connection therewith. The parties are not partners, joint ventures or otherwise affiliated, and neither has any authority to make any statements, representations or commitments of any kind to bind the other party without prior written consent. + +Neither party will be responsible for any failure or delay in its performance under the AGREEMENT (except for any payment obligations) to the extent due to causes beyond its reasonable control for so long as such force majeure event continues in effect. + +The AGREEMENT will be governed by and construed under the laws of the State of Delaware and the United States without regard to the conflicts of law provisions thereof and without regard to the United Nations Convention on Contracts for the International Sale of Goods. The parties consent to the personal jurisdiction of the federal and state courts located in Santa Clara County, California. You acknowledge and agree that a breach of any of your promises or agreements contained in the AGREEMENT may result in irreparable and continuing injury to NVIDIA for which monetary damages may not be an adequate remedy and therefore NVIDIA is entitled to seek injunctive relief as well as such other and further relief as may be appropriate. If any court of competent jurisdiction determines that any provision of the AGREEMENT is illegal, invalid or unenforceable, the remaining provisions will remain in full force and effect. Unless otherwise specified, remedies are cumulative. + +The Licensed Software has been developed entirely at private expense and is “commercial items" consisting of “commercial computer software" and “commercial computer software documentation" provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the U.S. Government or a U.S. Government subcontractor is subject to the restrictions set forth in the AGREEMENT pursuant to DFARS 227.7202-3(a) or as set forth in subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights clause at FAR 52.227-19, as applicable. Contractor/manufacturer is NVIDIA, 2701 San Tomas Expressway, Santa Clara, CA 95050. + +You acknowledge that the Licensed Software described under the AGREEMENT is subject to export control under the U.S. Export Administration Regulations (EAR) and economic sanctions regulations administered by the U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC). Therefore, you may not export, reexport or transfer in-country the Licensed Software without first obtaining any license or other approval that may be required by BIS and/or OFAC. You are responsible for any violation of the U.S. or other applicable export control or economic sanctions laws, regulations and requirements related to the Licensed Software. By accepting this SLA, you confirm that you are not a resident or citizen of any country currently embargoed by the U.S. and that you are not otherwise prohibited from receiving the Licensed Software. + +Any notice delivered by NVIDIA to you under the AGREEMENT will be delivered via mail, email or fax. Please direct your legal notices or other correspondence to NVIDIA Corporation, 2701 San Tomas Expressway, Santa Clara, California 95050, United States of America, Attention: Legal Department. + +3. NCCL BINARY SUPPLEMENT TO SOFTWARE LICENSE AGREEMENT + +Release date: December 20, 2017 + +The terms set forth in this NCCL Binary Supplement (“Supplement") govern your use of the NVIDIA collective communications library (NCCL) (the “NCCL Licensed Software") under the terms of your software license agreement (“SLA") as modified by this Supplement. This Supplement is an exhibit to the SLA and is hereby incorporated as an integral part thereto. Capitalized terms used but not defined herein shall have the meaning assigned to them in the SLA. In the event of conflict between the terms in this Supplement and the terms in the SLA, this Supplement shall control. + +3.1. NCCL DISTRIBUTION + +Subject to the terms of the SLA and this Supplement, NVIDIA hereby grants you a non-exclusive, nontransferable license during the applicable license term unless earlier terminated pursuant to the SLA, to distribute the runtime files (.so, .h) when delivered to you under this Supplement (but not when provided to you as part of a hardware product), subject to such distribution being solely in binary form to your licensees (“Customers") only as a component of your own software products having additional material functionality beyond the redistributable NCCL Licensed Software (each, a “Licensee Application"). Subject to the terms and conditions of the SLA and this Supplement, you may further authorize Customers to redistribute the NCCL Licensed Software as incorporated into a Licensee Application, solely in binary form, provided, however, that you shall require in your agreements with your Customers that their distributions be on terms at least as restrictive as those applicable for your use of the NCCL Licensed Software within a Licensee Application. The expiration or termination of your licenses to the NCCL Licensed Software under the SLA and this Supplement will not affect your previous NCCL Licensed Software distributions in compliance with the SLA and this Supplement. +The above distributions are subject to the following: + + all distributions by you or your distribution channels must be consistent with the terms of the AGREEMENT; + the distributed NCCL License Software must include valid copyright notices indicating NVIDIA’s ownership of the Licensed Software and (if permitted) modifications; and + you must enter into enforceable agreements that pass down terms consistent with the terms set forth in the AGREEMENT for use of the distributable NCCL License Software, including (without limitation) terms relating to the license grant and license restrictions, confidentiality and protection of NVIDIA’s Intellectual Property Rights in and to the NCCL Licensed Software . + +You are liable for the distribution and use of NCCL Licensed Software if you failed to comply with the distribution requirements of this Supplement. You agree to notify NVIDIA in writing of any known or suspected distribution or use of the NCCL Licensed Software not in compliance with the terms of the AGREEMENT, and to enforce the terms of your agreements with respect to NCCL Licensed Software you distributed. + +3.2. LICENSE DURATION + +Each NCCL Licensed Software is licensed to you for an initial duration of one year starting from the date of delivery or download. The licenses granted will automatically renew for successive one year periods, provided that NVIDIA reserves the right to terminate licenses upon ninety days (90) days written notice to you prior to the commencement of a renewal year in addition to the termination rights set forth in the SLA. + +3.3. AUDIT + +During the term of the AGREEMENT and for three (3) years thereafter, you will maintain all usual and proper books and records of account relating to the NCCL Licensed Software provided under the AGREEMENT. During such period and upon written notice to you, NVIDIA or its authorized third party auditors subject to confidentiality obligations will have the right to inspect and audit your Enterprise books and records for the purpose of confirming compliance with the terms of the AGREEMENT. Any such inspection and audit will be conducted during regular business hours and no more frequently than annually unless non-compliance was previously found. If such an inspection and audit reveals a material non-conformance with the terms of the AGREEMENT, then you will pay NVIDIA’s reasonable costs of conducting the inspection and audit. Further, you agree that the party delivering the NCCL Licensed Software to you may collect and disclose to NVIDIA information for NVIDIA to verify your compliance with the terms of the AGREEMENT including (without limitation) information regarding your use of the NCCL Licensed Software. + +3.4. EXPIRATION OF TERMINATION OF THIS SUPPLEMENT + +Your failure to comply with the terms of this Supplement is ground for termination for breach by NVIDIA under the SLA. This Supplement will automatically expire or terminate upon the expiration or termination of your rights to NCCL Licensed Software under the SLA or this Supplement. + +4. GLOSSARY OF TERMS +Certain capitalized terms, if not otherwise defined elsewhere in this SLA, shall have the meanings set forth below: + +Affiliate + Affiliate means any legal entity that Owns, is Owned by, or is commonly Owned with a party. “Own" means having more than 50% ownership or the right to direct the management of the entity. + +AGREEMENT + AGREEMENT means this SLA and all associated Supplements entered by the parties referencing this SLA. + +Authorized Users + Authorized Users means your Enterprise individual employees and any of your Enterprise’s Contractors, subject to the terms of the Enterprise and Contractor Usage section. + +Confidential Information + Confidential Information means the Licensed Software (unless made publicly available by NVIDIA without confidentiality obligations), and any NVIDIA business, marketing, pricing, research and development, know-how, technical, scientific, financial status, proposed new products or other information disclosed by NVIDIA to you which, at the time of disclosure, is designated in writing as confidential or proprietary (or like written designation), or orally identified as confidential or proprietary or is otherwise reasonably identifiable by parties exercising reasonable business judgment, as confidential. Confidential Information does not and will not include information that: + is or becomes generally known to the public through no fault of or breach of the AGREEMENT by the receiving party; + is rightfully known by the receiving party at the time of disclosure without an obligation of confidentiality; + is independently developed by the receiving party without use of the disclosing party’s Confidential Information; or + is rightfully obtained by the receiving party from a third party without restriction on use or disclosure. + +Contractor + Contractor means an individual who works primarily for your Enterprise on a contractor basis from your secure network. + +Documentation + Documentation means the NVIDIA documentation made available for use with the Software, including (without limitation) user manuals, datasheets, operations instructions, installation guides, release notes and other materials provided to you under the AGREEMENT. + +Enterprise + Enterprise means you or any company or legal entity for which you accepted the terms of this SLA, and their subsidiaries of which your company or legal entity owns more than fifty percent (50%) of the issued and outstanding equity. + +Feedback + Feedback means any and all suggestions, feature requests, comments or other feedback regarding the Licensed Software, including possible enhancements or modifications thereto. + +Intellectual Property Rights + Intellectual Property Rights means all patent, copyright, trademark, trade secret, trade dress, trade names, utility models, mask work, moral rights, rights of attribution or integrity service marks, master recording and music publishing rights, performance rights, author’s rights, database rights, registered design rights and any applications for the protection or registration of these rights, or other intellectual or industrial property rights or proprietary rights, howsoever arising and in whatever media, whether now known or hereafter devised, whether or not registered, (including all claims and causes of action for infringement, misappropriation or violation and all rights in any registrations and renewals), worldwide and whether existing now or in the future. + +Licensed Software + Licensed Software means Software, Documentation and all modifications owned by NVIDIA. + +Open Source License + Open Source License includes, without limitation, a software license that requires as a condition of use, modification, and/or distribution of such software that the Software be + disclosed or distributed in source code form; + be licensed for the purpose of making derivative works; or + be redistributable at no charge. + +Order + Order means a purchase order issued by you, a signed purchase agreement with you, or other ordering document issued by you to NVIDIA or a NVIDIA authorized reseller (including any on-line acceptance process) that references and incorporates the AGREEMENT and is accepted by NVIDIA. + +Software + Software means the NVIDIA software programs licensed to you under the AGREEMENT including, without limitation, libraries, sample code, utility programs and programming code. + +Supplement + Supplement means the additional terms and conditions beyond those stated in this SLA that apply to certain Licensed Software licensed hereunder. + +Notice + +This document is provided for information purposes only and shall not be regarded as a warranty of a certain functionality, condition, or quality of a product. NVIDIA Corporation (“NVIDIA") makes no representations or warranties, expressed or implied, as to the accuracy or completeness of the information contained in this document and assumes no responsibility for any errors contained herein. NVIDIA shall have no liability for the consequences or use of such information or for any infringement of patents or other rights of third parties that may result from its use. This document is not a commitment to develop, release, or deliver any Material (defined below), code, or functionality. + +NVIDIA reserves the right to make corrections, modifications, enhancements, improvements, and any other changes to this document, at any time without notice. + +Customer should obtain the latest relevant information before placing orders and should verify that such information is current and complete. + +NVIDIA products are sold subject to the NVIDIA standard terms and conditions of sale supplied at the time of order acknowledgment, unless otherwise agreed in an individual sales agreement signed by authorized representatives of NVIDIA and customer (“Terms of Sale"). NVIDIA hereby expressly objects to applying any customer general terms and conditions with regards to the purchase of the NVIDIA product referenced in this document. No contractual obligations are formed either directly or indirectly by this document. + +NVIDIA products are not designed, authorized, or warranted to be suitable for use in medical, military, aircraft, space, or life support equipment, nor in applications where failure or malfunction of the NVIDIA product can reasonably be expected to result in personal injury, death, or property or environmental damage. NVIDIA accepts no liability for inclusion and/or use of NVIDIA products in such equipment or applications and therefore such inclusion and/or use is at customer’s own risk. + +NVIDIA makes no representation or warranty that products based on this document will be suitable for any specified use. Testing of all parameters of each product is not necessarily performed by NVIDIA. It is customer’s sole responsibility to evaluate and determine the applicability of any information contained in this document, ensure the product is suitable and fit for the application planned by customer, and perform the necessary testing for the application in order to avoid a default of the application or the product. Weaknesses in customer’s product designs may affect the quality and reliability of the NVIDIA product and may result in additional or different conditions and/or requirements beyond those contained in this document. NVIDIA accepts no liability related to any default, damage, costs, or problem which may be based on or attributable to: (i) the use of the NVIDIA product in any manner that is contrary to this document or (ii) customer product designs. +Trademarks + +NVIDIA, the NVIDIA logo, and cuBLAS, CUDA, CUDA Toolkit, cuDNN, DALI, DIGITS, DGX, DGX-1, DGX-2, DGX Station, DLProf, GPU, Jetson, Kepler, Maxwell, NCCL, Nsight Compute, Nsight Systems, NVCaffe, NVIDIA Deep Learning SDK, NVIDIA Developer Program, NVIDIA GPU Cloud, NVLink, NVSHMEM, PerfWorks, Pascal, SDK Manager, Tegra, TensorRT, TensorRT Inference Server, Tesla, TF-TRT, Triton Inference Server, Turing, and Volta are trademarks and/or registered trademarks of NVIDIA Corporation in the United States and other countries. Other company and product names may be trademarks of the respective companies with which they are associated. \ No newline at end of file diff --git a/src/licensedcode/data/licenses/nvidia-sdk-12.8.LICENSE b/src/licensedcode/data/licenses/nvidia-sdk-12.8.LICENSE new file mode 100644 index 0000000000..91546bdbfa --- /dev/null +++ b/src/licensedcode/data/licenses/nvidia-sdk-12.8.LICENSE @@ -0,0 +1,255 @@ +--- +key: nvidia-sdk-12.8 +short_name: NVIDIA Software Development Kits v12.8 +name: License Agreement for NVIDIA Software Development Kits v12.8 +category: Proprietary Free +owner: NVIDIA +homepage_url: https://docs.nvidia.com/cuda/eula/index.html +spdx_license_key: LicenseRef-scancode-nvidia-sdk-12.8 +other_urls: + - https://docs.nvidia.com/cuda/eula/index.html#attachment-a + - https://docs.nvidia.com/cuda/eula/index.html#attachment-b +ignorable_urls: + - https://developer.nvidia.com/ + - https://github.com/nvidia/cuda-samples +ignorable_emails: + - nvidia-compute-license-questions@nvidia.com +--- + +1. License Agreement for NVIDIA Software Development Kits v12.8 + +End User License Agreement + +NVIDIA Software License Agreement and CUDA Supplement to Software License Agreement. + +The CUDA Toolkit End User License Agreement applies to the NVIDIA CUDA Toolkit, the NVIDIA CUDA Samples, the NVIDIA Display Driver, NVIDIA Nsight tools (Visual Studio Edition), and the associated documentation on CUDA APIs, programming model and development tools. If you do not agree with the terms and conditions of the license agreement, then do not download or use the software. + +Last updated: January 12, 2024 + +Preface + +The Software License Agreement in Chapter 1 and the Supplement in Chapter 2 contain license terms and conditions that govern the use of NVIDIA CUDA toolkit. By accepting this agreement, you agree to comply with all the terms and conditions applicable to the product(s) included herein. + +NVIDIA Driver + +Description + +This package contains the operating system driver and fundamental system software components for NVIDIA GPUs. + +NVIDIA CUDA Toolkit + +Description + +The NVIDIA CUDA Toolkit provides command-line and graphical tools for building, debugging and optimizing the performance of applications accelerated by NVIDIA GPUs, runtime and math libraries, and documentation including programming guides, user manuals, and API references. + +Default Install Location of CUDA Toolkit + +Windows platform: + +%ProgramFiles%\NVIDIA GPU Computing Toolkit\CUDA\v#.# + +Linux platform: + +/usr/local/cuda-#.# + +Mac platform: + +/Developer/NVIDIA/CUDA-#.# + +NVIDIA CUDA Samples + +Description + +CUDA Samples are now located in https://github.com/nvidia/cuda-samples, which includes instructions for obtaining, building, and running the samples. They are no longer included in the CUDA toolkit. + +NVIDIA Nsight Visual Studio Edition (Windows only) + +Description + +NVIDIA Nsight Development Platform, Visual Studio Edition is a development environment integrated into Microsoft Visual Studio that provides tools for debugging, profiling, analyzing and optimizing your GPU computing and graphics applications. + +Default Install Location of Nsight Visual Studio Edition + +Windows platform: + +%ProgramFiles(x86)%\NVIDIA Corporation\Nsight Visual Studio Edition #.# + +1. License Agreement for NVIDIA Software Development Kits + +Important Notice—Read before downloading, installing, copying or using the licensed software: + +This license agreement, including exhibits attached (“Agreement”) is a legal agreement between you and NVIDIA Corporation (“NVIDIA”) and governs your use of a NVIDIA software development kit (“SDK”). + +Each SDK has its own set of software and materials, but here is a description of the types of items that may be included in a SDK: source code, header files, APIs, data sets and assets (examples include images, textures, models, scenes, videos, native API input/output files), binary software, sample code, libraries, utility programs, programming code and documentation. + +This Agreement can be accepted only by an adult of legal age of majority in the country in which the SDK is used. + +If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the legal authority to bind the entity to this Agreement, in which case “you” will mean the entity you represent. + +If you don’t have the required age or authority to accept this Agreement, or if you don’t accept all the terms and conditions of this Agreement, do not download, install or use the SDK. + +You agree to use the SDK only for purposes that are permitted by (a) this Agreement, and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. +1.1. License +1.1.1. License Grant + +Subject to the terms of this Agreement, NVIDIA hereby grants you a non-exclusive, non-transferable license, without the right to sublicense (except as expressly provided in this Agreement) to: + + Install and use the SDK, + + Modify and create derivative works of sample source code delivered in the SDK, and + + Distribute those portions of the SDK that are identified in this Agreement as distributable, as incorporated in object code format into a software application that meets the distribution requirements indicated in this Agreement. + +1.1.2. Distribution Requirements + +These are the distribution requirements for you to exercise the distribution grant: + + Your application must have material additional functionality, beyond the included portions of the SDK. + + The distributable portions of the SDK shall only be accessed by your application. + + The following notice shall be included in modifications and derivative works of sample source code distributed: “This software contains source code provided by NVIDIA Corporation.” + + Unless a developer tool is identified in this Agreement as distributable, it is delivered for your internal use only. + + The terms under which you distribute your application must be consistent with the terms of this Agreement, including (without limitation) terms relating to the license grant and license restrictions and protection of NVIDIA’s intellectual property rights. Additionally, you agree that you will protect the privacy, security and legal rights of your application users. + + You agree to notify NVIDIA in writing of any known or suspected distribution or use of the SDK not in compliance with the requirements of this Agreement, and to enforce the terms of your agreements with respect to distributed SDK. + +1.1.3. Authorized Users + +You may allow employees and contractors of your entity or of your subsidiary(ies) to access and use the SDK from your secure network to perform work on your behalf. + +If you are an academic institution you may allow users enrolled or employed by the academic institution to access and use the SDK from your secure network. + +You are responsible for the compliance with the terms of this Agreement by your authorized users. If you become aware that your authorized users didn’t follow the terms of this Agreement, you agree to take reasonable steps to resolve the non-compliance and prevent new occurrences. + +1.1.4. Pre-Release SDK + +The SDK versions identified as alpha, beta, preview or otherwise as pre-release, may not be fully functional, may contain errors or design flaws, and may have reduced or different security, privacy, accessibility, availability, and reliability standards relative to commercial versions of NVIDIA software and materials. Use of a pre-release SDK may result in unexpected results, loss of data, project delays or other unpredictable damage or loss. + +You may use a pre-release SDK at your own risk, understanding that pre-release SDKs are not intended for use in production or business-critical systems. + +NVIDIA may choose not to make available a commercial version of any pre-release SDK. NVIDIA may also choose to abandon development and terminate the availability of a pre-release SDK at any time without liability. + +1.1.5. Updates + +NVIDIA may, at its option, make available patches, workarounds or other updates to this SDK. Unless the updates are provided with their separate governing terms, they are deemed part of the SDK licensed to you as provided in this Agreement. You agree that the form and content of the SDK that NVIDIA provides may change without prior notice to you. While NVIDIA generally maintains compatibility between versions, NVIDIA may in some cases make changes that introduce incompatibilities in future versions of the SDK. + +1.1.6. Components Under Other Licenses + +The SDK may come bundled with, or otherwise include or be distributed with, NVIDIA or third-party components with separate legal notices or terms as may be described in proprietary notices accompanying the SDK. If and to the extent there is a conflict between the terms in this Agreement and the license terms associated with the component, the license terms associated with the components control only to the extent necessary to resolve the conflict. + +Subject to the other terms of this Agreement, you may use the SDK to develop and test applications released under Open Source Initiative (OSI) approved open source software licenses. + +1.1.7. Reservation of Rights + +NVIDIA reserves all rights, title, and interest in and to the SDK, not expressly granted to you under this Agreement. + +1.2. Limitations + +The following license limitations apply to your use of the SDK: + + You may not reverse engineer, decompile or disassemble, or remove copyright or other proprietary notices from any portion of the SDK or copies of the SDK. + + Except as expressly provided in this Agreement, you may not copy, sell, rent, sublicense, transfer, distribute, modify, or create derivative works of any portion of the SDK. For clarity, you may not distribute or sublicense the SDK as a stand-alone product. + + Unless you have an agreement with NVIDIA for this purpose, you may not indicate that an application created with the SDK is sponsored or endorsed by NVIDIA. + + You may not bypass, disable, or circumvent any encryption, security, digital rights management or authentication mechanism in the SDK. + + You may not use the SDK in any manner that would cause it to become subject to an open source software license. As examples, licenses that require as a condition of use, modification, and/or distribution that the SDK be: + + Disclosed or distributed in source code form; + + Licensed for the purpose of making derivative works; or + + Redistributable at no charge. + + You acknowledge that the SDK as delivered is not tested or certified by NVIDIA for use in connection with the design, construction, maintenance, and/or operation of any system where the use or failure of such system could result in a situation that threatens the safety of human life or results in catastrophic damages (each, a “Critical Application”). Examples of Critical Applications include use in avionics, navigation, autonomous vehicle applications, ai solutions for automotive products, military, medical, life support or other life critical applications. NVIDIA shall not be liable to you or any third party, in whole or in part, for any claims or damages arising from such uses. You are solely responsible for ensuring that any product or service developed with the SDK as a whole includes sufficient features to comply with all applicable legal and regulatory standards and requirements. + + You agree to defend, indemnify and hold harmless NVIDIA and its affiliates, and their respective employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, fines, restitutions and expenses (including but not limited to attorney’s fees and costs incident to establishing the right of indemnification) arising out of or related to products or services that use the SDK in or for Critical Applications, and for use of the SDK outside of the scope of this Agreement or not in compliance with its terms. + + You may not reverse engineer, decompile or disassemble any portion of the output generated using SDK elements for the purpose of translating such output artifacts to target a non-NVIDIA platform. + +1.3. Ownership + + NVIDIA or its licensors hold all rights, title and interest in and to the SDK and its modifications and derivative works, including their respective intellectual property rights, subject to your rights under Section 1.3.2. This SDK may include software and materials from NVIDIA’s licensors, and these licensors are intended third party beneficiaries that may enforce this Agreement with respect to their intellectual property rights. + + You hold all rights, title and interest in and to your applications and your derivative works of the sample source code delivered in the SDK, including their respective intellectual property rights, subject to NVIDIA’s rights under Section 1.3.1. + + You may, but don’t have to, provide to NVIDIA suggestions, feature requests or other feedback regarding the SDK, including possible enhancements or modifications to the SDK. For any feedback that you voluntarily provide, you hereby grant NVIDIA and its affiliates a perpetual, non-exclusive, worldwide, irrevocable license to use, reproduce, modify, license, sublicense (through multiple tiers of sublicensees), and distribute (through multiple tiers of distributors) it without the payment of any royalties or fees to you. NVIDIA will use feedback at its choice. NVIDIA is constantly looking for ways to improve its products, so you may send feedback to NVIDIA through the developer portal at https://developer.nvidia.com. + +1.4. No Warranties + +THE SDK IS PROVIDED BY NVIDIA “AS IS” AND “WITH ALL FAULTS.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, NVIDIA AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THE ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT. NO WARRANTY IS MADE ON THE BASIS OF TRADE USAGE, COURSE OF DEALING OR COURSE OF TRADE. + +1.5. Limitation of Liability + +TO THE MAXIMUM EXTENT PERMITTED BY LAW, NVIDIA AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY (I) SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR (II) DAMAGES FOR (A) ANY LOST PROFITS, LOSS OF USE, LOSS OF DATA OR LOSS OF GOODWILL, OR (B) THE COSTS OF PROCURING SUBSTITUTE PRODUCTS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR PERFORMANCE OF THE SDK, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER CAUSE OF ACTION OR THEORY OF LIABILITY. IN NO EVENT WILL NVIDIA’S AND ITS AFFILIATES TOTAL CUMULATIVE LIABILITY UNDER OR ARISING OUT OF THIS AGREEMENT EXCEED US$10.00. THE NATURE OF THE LIABILITY OR THE NUMBER OF CLAIMS OR SUITS SHALL NOT ENLARGE OR EXTEND THIS LIMIT. + +These exclusions and limitations of liability shall apply regardless if NVIDIA or its affiliates have been advised of the possibility of such damages, and regardless of whether a remedy fails its essential purpose. These exclusions and limitations of liability form an essential basis of the bargain between the parties, and, absent any of these exclusions or limitations of liability, the provisions of this Agreement, including, without limitation, the economic terms, would be substantially different. + +1.6. Termination + + This Agreement will continue to apply until terminated by either you or NVIDIA as described below. + + If you want to terminate this Agreement, you may do so by stopping to use the SDK. + + NVIDIA may, at any time, terminate this Agreement if: + + (i) you fail to comply with any term of this Agreement and the non-compliance is not fixed within thirty (30) days following notice from NVIDIA (or immediately if you violate NVIDIA’s intellectual property rights); + + (ii) you commence or participate in any legal proceeding against NVIDIA with respect to the SDK; or + + (iii) NVIDIA decides to no longer provide the SDK in a country or, in NVIDIA’s sole discretion, the continued use of it is no longer commercially viable. + + Upon any termination of this Agreement, you agree to promptly discontinue use of the SDK and destroy all copies in your possession or control. Your prior distributions in accordance with this Agreement are not affected by the termination of this Agreement. Upon written request, you will certify in writing that you have complied with your commitments under this section. Upon any termination of this Agreement all provisions survive except for the license grant provisions. + +1.7. General + +If you wish to assign this Agreement or your rights and obligations, including by merger, consolidation, dissolution or operation of law, contact NVIDIA to ask for permission. Any attempted assignment not approved by NVIDIA in writing shall be void and of no effect. NVIDIA may assign, delegate or transfer this Agreement and its rights and obligations, and if to a non-affiliate you will be notified. + +You agree to cooperate with NVIDIA and provide reasonably requested information to verify your compliance with this Agreement. + +This Agreement will be governed in all respects by the laws of the United States and of the State of Delaware, without regard to the conflicts of laws principles. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed. You agree to all terms of this Agreement in the English language. + +The state or federal courts residing in Santa Clara County, California shall have exclusive jurisdiction over any dispute or claim arising out of this Agreement. Notwithstanding this, you agree that NVIDIA shall still be allowed to apply for injunctive remedies or an equivalent type of urgent legal relief in any jurisdiction. + +If any court of competent jurisdiction determines that any provision of this Agreement is illegal, invalid or unenforceable, such provision will be construed as limited to the extent necessary to be consistent with and fully enforceable under the law and the remaining provisions will remain in full force and effect. Unless otherwise specified, remedies are cumulative. + +Each party acknowledges and agrees that the other is an independent contractor in the performance of this Agreement. + +The SDK has been developed entirely at private expense and is “commercial items” consisting of “commercial computer software” and “commercial computer software documentation” provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the U.S. Government or a U.S. Government subcontractor is subject to the restrictions in this Agreement pursuant to DFARS 227.7202-3(a) or as set forth in subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights clause at FAR 52.227-19, as applicable. Contractor/manufacturer is NVIDIA, 2788 San Tomas Expressway, Santa Clara, CA 95051. + +The SDK is subject to United States export laws and regulations. You agree that you will not ship, transfer or export the SDK into any country, or use the SDK in any manner, prohibited by the United States Bureau of Industry and Security or economic sanctions regulations administered by the U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC), or any applicable export laws, restrictions or regulations. These laws include restrictions on destinations, end users and end use. By accepting this Agreement, you confirm that you are not located in a country currently embargoed by the U.S. or otherwise prohibited from receiving the SDK under U.S. law. + +Any notice delivered by NVIDIA to you under this Agreement will be delivered via mail, email or fax. You agree that any notices that NVIDIA sends you electronically will satisfy any legal communication requirements. Please direct your legal notices or other correspondence to NVIDIA Corporation, 2788 San Tomas Expressway, Santa Clara, California 95051, United States of America, Attention: Legal Department. + +This Agreement and any exhibits incorporated into this Agreement constitute the entire agreement of the parties with respect to the subject matter of this Agreement and supersede all prior negotiations or documentation exchanged between the parties relating to this SDK license. Any additional and/or conflicting terms on documents issued by you are null, void, and invalid. Any amendment or waiver under this Agreement shall be in writing and signed by representatives of both parties. + +2. CUDA Toolkit Supplement to Software License Agreement for NVIDIA Software Development Kits + +The terms in this supplement govern your use of the NVIDIA CUDA Toolkit SDK under the terms of your license agreement (“Agreement”) as modified by this supplement. Capitalized terms used but not defined below have the meaning assigned to them in the Agreement. + +This supplement is an exhibit to the Agreement and is incorporated as an integral part of the Agreement. In the event of conflict between the terms in this supplement and the terms in the Agreement, the terms in this supplement govern. + +2.1. License Scope + +The SDK is licensed for you to develop applications only for use in systems with NVIDIA GPUs. + +2.2. Distribution + +The portions of the SDK that are distributable under the Agreement are listed in Attachment A. + +2.3. Operating Systems + +Those portions of the SDK designed exclusively for use on the Linux or FreeBSD operating systems, or other operating systems derived from the source code to these operating systems, may be copied and redistributed for use in accordance with this Agreement, provided that the object code files are not modified in any way (except for unzipping of compressed files). + +2.4. Audio and Video Encoders and Decoders + +You acknowledge and agree that it is your sole responsibility to obtain any additional third-party licenses required to make, have made, use, have used, sell, import, and offer for sale your products or services that include or incorporate any third-party software and content relating to audio and/or video encoders and decoders from, including but not limited to, Microsoft, Thomson, Fraunhofer IIS, Sisvel S.p.A., MPEG-LA, and Coding Technologies. NVIDIA does not grant to you under this Agreement any necessary patent or other rights with respect to any audio and/or video encoders and decoders. + +2.5. Licensing + +If the distribution terms in this Agreement are not suitable for your organization, or for any questions regarding this Agreement, please contact NVIDIA at nvidia-compute-license-questions@nvidia.com. \ No newline at end of file diff --git a/src/licensedcode/data/licenses/openai-tou-20241211.LICENSE b/src/licensedcode/data/licenses/openai-tou-20241211.LICENSE new file mode 100644 index 0000000000..e05104d257 --- /dev/null +++ b/src/licensedcode/data/licenses/openai-tou-20241211.LICENSE @@ -0,0 +1,183 @@ +--- +key: openai-tou-20241211 +short_name: OpenAI Terms of Use 20241211 +name: OpenAI Terms of Use 20241211 +category: Commercial +owner: OpenAI +homepage_url: https://openai.com/policies/terms-of-use/ +spdx_license_key: LicenseRef-scancode-openai-tou-20241211 +ignorable_urls: + - https://openai.com/about +--- + +OpenAI Terms of Use +Effective: December 11, 2024 + +Thank you for using OpenAI! + +These Terms of Use apply to your use of ChatGPT, DALL·E, and OpenAI’s other services for individuals, along with any associated software applications and websites (all together, “Services”). These Terms form an agreement between you and OpenAI, L.L.C., a Delaware company, and they include our Service Terms⁠ and important provisions for resolving disputes through arbitration. By using our Services, you agree to these Terms. + +If you reside in the European Economic Area, Switzerland, or the UK, your use of the Services is governed by these terms⁠. + +Our Business Terms⁠ govern use of ChatGPT Enterprise, our APIs, and our other services for businesses and developers. + +Our Privacy Policy⁠ explains how we collect and use personal information. Although it does not form part of these Terms, it is an important document that you should read. + +Who we are + +OpenAI is an AI research and deployment company. Our mission is to ensure that artificial general intelligence benefits all of humanity. For more information about OpenAI, please visit https://openai.com/about⁠. + +Registration and access + +Minimum age. You must be at least 13 years old or the minimum age required in your country to consent to use the Services. If you are under 18 you must have your parent or legal guardian’s permission to use the Services. + +Registration. You must provide accurate and complete information to register for an account to use our Services. You may not share your account credentials or make your account available to anyone else and are responsible for all activities that occur under your account. If you create an account or use the Services on behalf of another person or entity, you must have the authority to accept these Terms on their behalf. + +Using our Services + +What you can do. Subject to your compliance with these Terms, you may access and use our Services. In using our Services, you must comply with all applicable laws as well as our Sharing & Publication Policy⁠, Usage Policies⁠, and any other documentation, guidelines, or policies we make available to you. + +What you cannot do. You may not use our Services for any illegal, harmful, or abusive activity. For example, you may not: + + Use our Services in a way that infringes, misappropriates or violates anyone’s rights. + Modify, copy, lease, sell or distribute any of our Services. + Attempt to or assist anyone to reverse engineer, decompile or discover the source code or underlying components of our Services, including our models, algorithms, or systems (except to the extent this restriction is prohibited by applicable law). + Automatically or programmatically extract data or Output (defined below). + Represent that Output was human-generated when it was not. + Interfere with or disrupt our Services, including circumvent any rate limits or restrictions or bypass any protective measures or safety mitigations we put on our Services. + Use Output to develop models that compete with OpenAI. + +Software. Our Services may allow you to download software, such as mobile applications, which may update automatically to ensure you’re using the latest version. Our software may include open source software that is governed by its own licenses that we’ve made available to you. + +Corporate domains. If you create an account using an email address owned by an organization (for example, your employer), that account may be added to the organization's business account with us, in which case we will provide notice to you so that you can help facilitate the transfer of your account (unless your organization has already provided notice to you that it may monitor and control your account). Once your account is transferred, the organization’s administrator will be able to control your account, including being able to access Content (defined below) and restrict or remove your access to the account. + +Third party Services. Our services may include third party software, products, or services, (“Third Party Services”) and some parts of our Services, like our browse feature, may include output from those services (“Third Party Output”). Third Party Services and Third Party Output are subject to their own terms, and we are not responsible for them. + +Feedback. We appreciate your feedback, and you agree that we may use it without restriction or compensation to you. +Content + +Your content. You may provide input to the Services (“Input”), and receive output from the Services based on the Input (“Output”). Input and Output are collectively “Content.” You are responsible for Content, including ensuring that it does not violate any applicable law or these Terms. You represent and warrant that you have all rights, licenses, and permissions needed to provide Input to our Services. + +Ownership of content. As between you and OpenAI, and to the extent permitted by applicable law, you (a) retain your ownership rights in Input and (b) own the Output. We hereby assign to you all our right, title, and interest, if any, in and to Output. + +Similarity of content. Due to the nature of our Services and artificial intelligence generally, output may not be unique and other users may receive similar output from our Services. Our assignment above does not extend to other users’ output or any Third Party Output. + +Our use of content. We may use Content to provide, maintain, develop, and improve our Services, comply with applicable law, enforce our terms and policies, and keep our Services safe. If you're using ChatGPT through Apple's integrations, see this Help Center article⁠(opens in a new window) for how we handle your Content. + +Opt out. If you do not want us to use your Content to train our models, you can opt out by following the instructions in this Help Center article⁠(opens in a new window). Please note that in some cases this may limit the ability of our Services to better address your specific use case. + +Accuracy. Artificial intelligence and machine learning are rapidly evolving fields of study. We are constantly working to improve our Services to make them more accurate, reliable, safe, and beneficial. Given the probabilistic nature of machine learning, use of our Services may, in some situations, result in Output that does not accurately reflect real people, places, or facts. + +When you use our Services you understand and agree: + + Output may not always be accurate. You should not rely on Output from our Services as a sole source of truth or factual information, or as a substitute for professional advice. + You must evaluate Output for accuracy and appropriateness for your use case, including using human review as appropriate, before using or sharing Output from the Services. + You must not use any Output relating to a person for any purpose that could have a legal or material impact on that person, such as making credit, educational, employment, housing, insurance, legal, medical, or other important decisions about them. + Our Services may provide incomplete, incorrect, or offensive Output that does not represent OpenAI’s views. If Output references any third party products or services, it doesn’t mean the third party endorses or is affiliated with OpenAI. + +Our IP rights + +We and our affiliates own all rights, title, and interest in and to the Services. You may only use our name and logo in accordance with our Brand Guidelines⁠. + +Paid accounts + +Billing. If you purchase any Services, you will provide complete and accurate billing information, including a valid payment method. For paid subscriptions, we will automatically charge your payment method on each agreed-upon periodic renewal until you cancel. You’re responsible for all applicable taxes, and we’ll charge tax when required. If your payment cannot be completed, we may downgrade your account or suspend your access to our Services until payment is received. + +Service credits. You can pay for some Services in advance by purchasing service credits. All service credits are subject to our Service Credit Terms⁠. + +Cancellation. You can cancel⁠(opens in a new window) your paid subscription at any time. Payments are non-refundable, except where required by law. These Terms do not override any mandatory local laws regarding your cancellation rights. + +Changes. We may change our prices from time to time. If we increase our subscription prices, we will give you at least 30 days’ notice and any price increase will take effect on your next renewal so that you can cancel if you do not agree to the price increase. + +Termination and suspension + +Termination. You are free to stop using our Services at any time. We reserve the right to suspend or terminate your access to our Services or delete your account if we determine: + + You breached these Terms or our Usage Policies⁠. + We must do so to comply with the law. + Your use of our Services could cause risk or harm to OpenAI, our users, or anyone else. + +We also may terminate your account if it has been inactive for over a year and you do not have a paid account. If we do, we will provide you with advance notice. + +Appeals. If you believe we have suspended or terminated your account in error, you can file an appeal with us by contacting our Support team⁠(opens in a new window). + +Discontinuation of Services + +We may decide to discontinue our Services, but if we do, we will give you advance notice and a refund for any prepaid, unused Services. + +Disclaimer of warranties + +OUR SERVICES ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED. + +YOU ACCEPT AND AGREE THAT ANY USE OF OUTPUTS FROM OUR SERVICE IS AT YOUR SOLE RISK AND YOU WILL NOT RELY ON OUTPUT AS A SOLE SOURCE OF TRUTH OR FACTUAL INFORMATION, OR AS A SUBSTITUTE FOR PROFESSIONAL ADVICE. + +Limitation of liability + +NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED ​​THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR ONE HUNDRED DOLLARS ($100). THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. + +Some countries and states do not allow the disclaimer of certain warranties or the limitation of certain damages, so some or all of the terms above may not apply to you, and you may have additional rights. In that case, these Terms only limit our responsibilities to the maximum extent permissible in your country of residence. + +OPENAI’S AFFILIATES, SUPPLIERS, LICENSORS, AND DISTRIBUTORS ARE INTENDED THIRD PARTY BENEFICIARIES OF THIS SECTION. + +Indemnity + +If you are a business or organization, to the extent permitted by law, you will indemnify and hold harmless us, our affiliates, and our personnel, from and against any costs, losses, liabilities, and expenses (including attorneys’ fees) from third party claims arising out of or relating to your use of the Services and Content or any violation of these Terms. +Dispute resolution + +YOU AND OPENAI AGREE TO THE FOLLOWING MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS: + +MANDATORY ARBITRATION. You and OpenAI agree to resolve any claims arising out of or relating to these Terms or our Services, regardless of when the claim arose, even if it was before these Terms existed (a “Dispute”), through final and binding arbitration. You may opt out of arbitration within 30 days of account creation or of any updates to these arbitration terms within 30 days after the update has taken effect by filling out this form⁠(opens in a new window). If you opt out of an update, the last set of agreed upon arbitration terms will apply. + +Informal dispute resolution. We would like to understand and try to address your concerns prior to formal legal action. Before either of us files a claim against the other, we both agree to try to resolve the Dispute informally. You agree to do so by sending us notice through this form⁠(opens in a new window). We will do so by sending you notice to the email address associated with your account. If we are unable to resolve a Dispute within 60 days, either of us has the right to initiate arbitration. We also both agree to attend an individual settlement conference if either party requests one during this time. Any statute of limitations will be tolled during this informal resolution process. + +Arbitration forum. If we are unable to resolve the Dispute, either of us may commence arbitration with National Arbitration and Mediation (“NAM”) under its Comprehensive Dispute Resolution Rules and Procedures and/or Supplemental Rules for Mass Arbitration Filings, as applicable (available here⁠(opens in a new window)). OpenAI will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous. The activities described in these Terms involve interstate commerce and the Federal Arbitration Act will govern the interpretation and enforcement of these arbitration terms and any arbitration. + +Arbitration procedures. The arbitration will be conducted by videoconference if possible, but if the arbitrator determines a hearing should be conducted in person, the location will be mutually agreed upon, in the county where you reside, or as determined by the arbitrator, unless the batch arbitration process applies. The arbitration will be conducted by a sole arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California. The arbitrator will have exclusive authority to resolve any Dispute, except the state or federal courts of San Francisco, California have the authority to determine any Dispute about enforceability, validity of the class action waiver, or requests for public injunctive relief, as set out below. Any settlement offer amounts will not be disclosed to the arbitrator by either party until after the arbitrator determines the final award, if any. The arbitrator has the authority to grant motions dispositive of all or part of any Dispute. + +Exceptions. This section does not require informal dispute resolution or arbitration of the following claims: (i) individual claims brought in small claims court; and (ii) injunctive or other equitable relief to stop unauthorized use or abuse of the Services or intellectual property infringement or misappropriation. + +CLASS AND JURY TRIAL WAIVERS. You and OpenAI agree that Disputes must be brought on an individual basis only, and may not be brought as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, and representative actions are prohibited. Only individual relief is available. The parties agree to sever and litigate in court any request for public injunctive relief after completing arbitration for the underlying claim and all other claims. This does not prevent either party from participating in a class-wide settlement. You and OpenAI knowingly and irrevocably waive any right to trial by jury in any action, proceeding, or counterclaim. + +Batch arbitration. If 25 or more claimants represented by the same or similar counsel file demands for arbitration raising substantially similar Disputes within 90 days of each other, then you and OpenAI agree that NAM will administer them in batches of up to 50 claimants each (“Batch”), unless there are less than 50 claimants in total or after batching, which will comprise a single Batch. NAM will administer each Batch as a single consolidated arbitration with one arbitrator, one set of arbitration fees, and one hearing held by videoconference or in a location decided by the arbitrator for each Batch. If any part of this section is found to be invalid or unenforceable as to a particular claimant or Batch, it will be severed and arbitrated in individual proceedings. + +Severability. If any part of these arbitration terms is found to be illegal or unenforceable, the remainder will remain in effect, except that if a finding of partial illegality or unenforceability would allow class arbitration, class action, or representative action, this entire dispute resolution section will be unenforceable in its entirety. + +Copyright complaints + +If you believe that your intellectual property rights have been infringed, please send notice to the address below or fill out this form. We may delete or disable content that we believe violates these Terms or is alleged to be infringing and will terminate accounts of repeat infringers where appropriate. + + OpenAI, L.L.C. + 1455 3rd Street + San Francisco, CA 94158 + Attn: General Counsel / Copyright Agent + +Written claims concerning copyright infringement must include the following information: + + A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest + A description of the copyrighted work that you claim has been infringed upon + A description of where the allegedly infringing material is located on our site so we can find it + Your address, telephone number, and e-mail address + A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law + A statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf + +General Terms + +Assignment. You may not assign or transfer any rights or obligations under these Terms and any attempt to do so will be void. We may assign our rights or obligations under these Terms to any affiliate, subsidiary, or successor in interest of any business associated with our Services. + +Changes to these Terms or our Services. We are continuously working to develop and improve our Services. We may update these Terms or our Services accordingly from time to time. For example, we may make changes to these Terms or the Services due to: + + Changes to the law or regulatory requirements. + Security or safety reasons. + Circumstances beyond our reasonable control. + Changes we make in the usual course of developing our Services. + To adapt to new technologies. + +We will give you at least 30 days advance notice of changes to these Terms that materially adversely impact you either via email or an in-product notification. All other changes will be effective as soon as we post them to our website. If you do not agree to the changes, you must stop using our Services. + +Delay in enforcing these Terms. Our failure to enforce a provision is not a waiver of our right to do so later. Except as provided in the dispute resolution section above, if any portion of these Terms is determined to be invalid or unenforceable, that portion will be enforced to the maximum extent permissible and it will not affect the enforceability of any other terms. + +Trade controls. You must comply with all applicable trade laws, including sanctions and export control laws. Our Services may not be used in or for the benefit of, or exported or re-exported to (a) any U.S. embargoed country or territory or (b) any individual or entity with whom dealings are prohibited or restricted under applicable trade laws. Our Services may not be used for any end use prohibited by applicable trade laws, and your Input may not include material or information that requires a government license for release or export. + +Entire agreement. These Terms contain the entire agreement between you and OpenAI regarding the Services and, other than any Service-specific terms, supersedes any prior or contemporaneous agreements between you and OpenAI. + +Governing law. California law will govern these Terms except for its conflicts of laws principles. Except as provided in the dispute resolution section above, all claims arising out of or relating to these Terms will be brought exclusively in the federal or state courts of San Francisco, California. \ No newline at end of file diff --git a/src/licensedcode/data/licenses/oracle-vb-puel-12.LICENSE b/src/licensedcode/data/licenses/oracle-vb-puel-12.LICENSE new file mode 100644 index 0000000000..9ec16f3fb8 --- /dev/null +++ b/src/licensedcode/data/licenses/oracle-vb-puel-12.LICENSE @@ -0,0 +1,52 @@ +--- +key: oracle-vb-puel-12 +short_name: Oracle VB Extension Pack PUEL v12 +name: Oracle VirtualBox Extension Pack Personal Use and Educational License (PUEL) v12 +category: Proprietary Free +owner: Oracle Corporation +homepage_url: https://www.virtualbox.org/wiki/VirtualBox_PUEL +spdx_license_key: LicenseRef-scancode-oracle-vb-puel-12 +faq_url: https://www.virtualbox.org/wiki/Licensing_FAQ +other_urls: + - https://www.virtualbox.org/wiki/Downloads +--- + +VirtualBox Extension Pack Personal Use and Educational License (PUEL) + +License version 12, 22 July 2024 + +PLEASE READ THE FOLLOWING ORACLE VIRTUALBOX EXTENSION PACK PERSONAL USE AND EDUCATIONAL LICENSE CAREFULLY BEFORE DOWNLOADING OR USING THE ORACLE SOFTWARE. THESE TERMS AND CONDITIONS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND ORACLE. + +ORACLE AMERICA, INC. (“ORACLE”) IS WILLING TO LICENSE THE PRODUCT DEFINED IN SECTION 1 BELOW ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS VIRTUALBOX EXTENSION PACK PERSONAL USE AND EDUCATIONAL LICENSE AGREEMENT (“AGREEMENT”). + +IF YOU ARE AGREEING TO THIS LICENSE ON BEHALF OF AN ENTITY (RATHER THAN AS AN INDIVIDUAL HUMAN BEING), YOU REPRESENT THAT YOU HAVE THE APPROPRIATE AUTHORITY TO ACCEPT THESE TERMS AND CONDITIONS ON BEHALF OF SUCH ENTITY. + +1 Subject of Agreement. This Agreement governs your use of the binary software package called “Oracle VirtualBox Extension Pack” (the “Product”), which contains a set of additional features for “Oracle VirtualBox” that enhance the operation of multiple virtual machines (“Guest Computers”) on a single physical computer (“Host Computer”). The Product consists of executable files in machine code, script files, data files, and all documentation and updates provided to You by Oracle. + +2 Grant of license. Oracle grants you a personal, non-exclusive, non-transferable, limited license without fees to reproduce, install, execute, and use internally the Product on Host Computers for your Personal Use, or Educational Use. “Personal Use” is noncommercial use solely by the person downloading the Product from Oracle on a single Host Computer, provided that no more than one client or remote computer is connected to that Host Computer and that client or remote computer is used solely to remotely view the Guest Computer(s). “Educational Use” is any use by teachers or students in an academic institution (schools, colleges and universities) as part of the institution’s educational curriculum. Personal Use and/or Educational Use expressly exclude any use of the Product for commercial purposes or to operate, run, or act on behalf of or for the benefit of a business, organization, governmental organization, or educational institution. + +Oracle reserves all rights not expressly granted in this license. + +3 Restrictions and Reservation of Rights. + +(1) The Product and copies thereof provided to you under this Agreement are copyrighted and licensed, not sold, to you by Oracle. + +(2) You may not do any of the following: (a) modify any part of the Product, except to the extent allowed in the documentation accompanying the Product; (b) rent, lease, lend, re-distribute, or encumber the Product; (c) remove or alter any proprietary legends or notices contained in the Product; or (d) decompile, or reverse engineer the Product (except to the extent permitted by applicable law). + +(3) The Product is not designed, licensed or intended for use in the design, construction, operation or maintenance of any nuclear facility and Oracle and its licensors disclaim any express or implied warranty of fitness for such uses. + +(4) No right, title or interest in or to any trademark, service mark, logo or trade name of Oracle or its licensors is granted under this Agreement. + +4 Termination. The Agreement is effective on the date you receive the Product and remains effective until terminated. Your rights under this Agreement will terminate immediately without notice from Oracle if you materially breach it or take any action in derogation of Oracle's and/or its licensors' rights to the Product. Oracle may terminate this Agreement immediately should any part of the Product become or in Oracle's reasonable opinion likely to become the subject of a claim of intellectual property infringement or trade secret misappropriation. Upon termination, you will cease use of and destroy all copies of the Product under your control and confirm compliance in writing to Oracle. Neither termination of this Agreement nor any deletion or removal of the Product shall limit any obligations you may have to Oracle, or any rights and/or remedies that Oracle may have with respect to any past or future infringing use of the Product (including but not limited to any use of the Product outside the scope of the license provided in the Agreement). Sections 3-9, inclusive, will survive termination of the Agreement. + +5 Disclaimer of Warranty. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, ORACLE PROVIDES THE PRODUCT “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, ORACLE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. The entire risk as to the quality and performance of the Product is with you. Should it prove defective, you assume the cost of all necessary servicing, repair, or correction. + +6 Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL ORACLE OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT, DATA, OR DATA USE, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF ORACLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Oracle's liability to you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you for the Product under this Agreement. + +7 Separately Licensed Third Party Technology. The Product may contain or require the use of third party technology that is provided with the Product. Oracle may provide certain notices to you in the Product’s documentation, readmes or notice files in connection with such third party technology. Third party technology will be licensed to you either under the terms of this Agreement or, if specified in the documentation, readmes or notice files, under Separate Terms. Your rights to use Separately Licensed Third Party Technology under Separate Terms are not restricted in any way by this Agreement. However, for clarity, notwithstanding the existence of a notice, third party technology that is not Separately Licensed Third Party Technology shall be deemed part of the Product and is licensed to You under the terms of this Agreement. “Separate Terms” refers to separate license terms that are specified in the Product’s documentation, readmes or notice files and that apply to Separately Licensed Third Party Technology. “Separately Licensed Third Party Technology” refers to third party technology that is licensed under Separate Terms and not under the terms of this Agreement. + +8 Export. Export laws and regulations of the United States and any other relevant local export laws and regulations apply to the Product. You agree that such export laws govern your use of the Product (including technical data) provided under this Agreement, and you agree to comply with all such export laws and regulations (including “deemed export” and “deemed re-export” regulations). You agree that no data, information, and/or Product (or direct product thereof) will be exported, directly or indirectly, in violation of these laws, or will be used for any purpose prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons proliferation, or development of missile technology. + +9 U.S. Government End Users. Oracle programs, including the Product, any operating system, integrated software, any programs installed on hardware, and/or documentation, delivered to U.S. Government end users are "commercial computer software" pursuant to the applicable Federal Acquisition Regulation and agency-specific supplemental regulations. As such, use, duplication, disclosure, modification, and adaptation of the programs, including any operating system, integrated software, any programs installed on the hardware, and/or documentation, shall be subject to license terms and license restrictions applicable to the programs. No other rights are granted to the U.S. Government. + +10 Miscellaneous. This Agreement is the entire agreement between you and Oracle relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party. If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate. This Agreement is governed by the laws of the State of California, USA, and you and Oracle agree to submit to the exclusive jurisdiction of, and venue in, the courts of San Francisco or Santa Clara counties in California in any dispute arising out of or relating to this Agreement. Upon 45 days written notice, Oracle may audit your use of the Product to confirm that you are in compliance with the terms of this Agreement. You agree to cooperate with Oracle’s audit and provide reasonable assistance and access to information. Any such audit shall not unreasonably interfere with your normal business operations. You agree to pay within 30 days of written notification any fees applicable to your unlicensed use of the Product. You agree that Oracle shall not be responsible for any of your costs incurred in cooperating with the audit. If a legal action or proceeding is commenced by either party in connection with the enforcement of this Agreement, the prevailing party shall be entitled to its costs and attorneys’ fees actually incurred in connection with such action or proceeding. \ No newline at end of file diff --git a/src/licensedcode/data/licenses/semgrep-rules-1.0.LICENSE b/src/licensedcode/data/licenses/semgrep-rules-1.0.LICENSE new file mode 100644 index 0000000000..1481a2e0db --- /dev/null +++ b/src/licensedcode/data/licenses/semgrep-rules-1.0.LICENSE @@ -0,0 +1,65 @@ +--- +key: semgrep-rules-1.0 +short_name: Semgrep Rules License v.1.0 +name: Semgrep Rules License v.1.0 +category: Proprietary Free +owner: Semgrep +homepage_url: https://semgrep.dev/legal/rules-license/ +spdx_license_key: LicenseRef-scancode-semgrep-rules-1.0 +other_urls: + - https://github.com/semgrep/semgrep-rules/blob/f82ac940fd7372ba45c54a52fbbd341e676bcb5e/README.md?plain=1#L31 +standard_notice: | + Semgrep Rules License v1.0. For more details, visit + https://semgrep.dev/legal/rules-license +--- + +Semgrep Rules License v. 1.0 +semgrep.dev/legal/rules-license + +Acceptance + +By using the rules, you agree to all of the terms and conditions below. + +Copyright License + +The licensor grants you a non-exclusive, royalty-free, worldwide, non-sublicensable, non-transferable license to use the rules, subject to the limitations and conditions below. +Limitations + +You may use the rules only for your own internal business purposes. This license does not allow you to distribute the rules, or to make them available to others as a service. + +You may not alter, remove, or obscure any licensing, copyright, or other notices of the licensor in the rules. If you copy any of the rules, you must also include the notices of the licensor in that copy. Any use of the licensor’s trademarks is subject to applicable law. + +Patents + +The licensor grants you a license, under any patent claims the licensor can license, or becomes able to license, to make, have made, use, sell, offer for sale, import and have imported the rules, in each case subject to the limitations and conditions in this license. This license does not cover any patent claims that you cause to be infringed by modifications or additions to the rules. If you or your company make any written claim that the rules or any Semgrep product or service infringes or contributes to infringement of any patent, your patent license for the rules granted under these terms ends immediately. If your company makes such a claim, your patent license ends immediately for work on behalf of your company. +Notices + +If you modify the rules, you must include in any modified copies of the rules prominent notices stating that you have modified the rules. + +No Other Rights + +These terms do not imply any licenses other than those expressly granted in these terms. + +Termination + +If you use the rules in violation of these terms, such use is not licensed, and your licenses will automatically terminate. + +No Liability + +As far as the law allows, the rules come as is, without any warranty or condition, and the licensor will not be liable to you for any damages arising out of these terms or the use or nature of the rules, under any kind of legal claim. If this provision is unenforceable under applicable law, your licenses are void. + +Definitions + +The licensor is Semgrep, Inc.. + +The rules are the rules for the Semgrep analysis tool that the licensor makes available under these terms, including any portion of those rules. + +You refers to the individual or entity agreeing to these terms. + +Your company is any legal entity, sole proprietorship, or other kind of organization that you work for, plus all organizations that have control over, are under the control of, or are under common control with that organization. Control means ownership of substantially all the assets of an entity, or the power to direct its management and policies by vote, contract, or otherwise. Control can be direct or indirect. + +Your licenses are all the licenses granted to you for the rules under these terms. + +Use means anything you do with the rules requiring one of your licenses. + +Trademark means trademarks, service marks, rights in logos, and similar rights. \ No newline at end of file diff --git a/src/licensedcode/data/licenses/wxwindows-free-doc-3.LICENSE b/src/licensedcode/data/licenses/wxwindows-free-doc-3.LICENSE new file mode 100644 index 0000000000..50c17a5bca --- /dev/null +++ b/src/licensedcode/data/licenses/wxwindows-free-doc-3.LICENSE @@ -0,0 +1,67 @@ +--- +key: wxwindows-free-doc-3 +short_name: wxWindows Free Documentation v3 +name: wxWindows Free Documentation Licence, Version 3 +category: Copyleft Limited +owner: wxWidgets +homepage_url: https://www.wxwidgets.org/about/licence/ +spdx_license_key: LicenseRef-scancode-wxwindows-free-doc-3 +--- + +wxWindows Free Documentation Licence, Version 3 +=============================================== + +Everyone is permitted to copy and distribute verbatim copies +of this licence document, but changing it is not allowed. + + WXWINDOWS FREE DOCUMENTATION LICENCE + TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION + +1. Permission is granted to make and distribute verbatim copies of this +manual or piece of documentation provided any copyright notice and this +permission notice are preserved on all copies. + +2. Permission is granted to process this file or document through a +document processing system and, at your option and the option of any third +party, print the results, provided a printed document carries a copying +permission notice identical to this one. + +3. Permission is granted to copy and distribute modified versions of this +manual or piece of documentation under the conditions for verbatim copying, +provided also that any sections describing licensing conditions for this +manual, such as, in particular, the GNU General Public Licence, the GNU +Library General Public Licence, and any wxWindows Licence are included +exactly as in the original, and provided that the entire resulting derived +work is distributed under the terms of a permission notice identical to +this one. + +4. Permission is granted to copy and distribute translations of this manual +or piece of documentation into another language, under the above conditions +for modified versions, except that sections related to licensing, including +this paragraph, may also be included in translations approved by the +copyright holders of the respective licence documents in addition to the +original English. + + WARRANTY DISCLAIMER + +5. BECAUSE THIS MANUAL OR PIECE OF DOCUMENTATION IS LICENSED FREE OF +CHARGE, THERE IS NO WARRANTY FOR IT, TO THE EXTENT PERMITTED BY APPLICABLE +LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR +OTHER PARTIES PROVIDE THIS MANUAL OR PIECE OF DOCUMENTATION "AS IS" WITHOUT +WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT +LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A +PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF +THE MANUAL OR PIECE OF DOCUMENTATION IS WITH YOU. SHOULD THE MANUAL OR +PIECE OF DOCUMENTATION PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL +NECESSARY SERVICING, REPAIR OR CORRECTION. + +6. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING +WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR +REDISTRIBUTE THE MANUAL OR PIECE OF DOCUMENTATION AS PERMITTED ABOVE, BE +LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR +CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE MANUAL +OR PIECE OF DOCUMENTATION (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR +DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES +OR A FAILURE OF A PROGRAM BASED ON THE MANUAL OR PIECE OF DOCUMENTATION TO +OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS +BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. \ No newline at end of file