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TUN-5768: Update cloudflared license file
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‎LICENSE‎

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SERVICES AGREEMENT
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Your installation of this software is symbol of your signature indicating that
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you accept the terms of this Services Agreement (this "Agreement"). This
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Agreement is a legal agreement between you (either an individual or a single
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entity) and CloudFlare, Inc. for the services being provided to you by
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CloudFlare or its authorized representative (the "Services"), including any
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computer software and any associated media, printed materials, and "online" or
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electronic documentation provided in connection with the Services (the
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"Software" and together with the Services are hereinafter collectively referred
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to as the "Solution"). If the user is not an individual, then "you" means your
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company, its officers, members, employees, agents, representatives, successors
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and assigns. BY USING THE SOLUTION, YOU ARE INDICATING THAT YOU HAVE READ, AND
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AGREE TO BE BOUND BY, THE POLICIES, TERMS, AND CONDITIONS SET FORTH BELOW IN
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THEIR ENTIRETY WITHOUT LIMITATION OR QUALIFICATION, AS WELL AS BY ALL APPLICABLE
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LAWS AND REGULATIONS, AS IF YOU HAD HANDWRITTEN YOUR NAME ON A CONTRACT. IF YOU
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DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE SOLUTION.
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1. GRANT OF RIGHTS
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1.1 Grant of License. The Solution is licensed by CloudFlare and its
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licensors, not sold. Subject to the terms and conditions of this Agreement,
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CloudFlare hereby grants you a nonexclusive, nonsublicensable, nontransferable
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license to use the Solution. You may examine source code, if provided to you,
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solely for the limited purpose of evaluating the Software for security flaws.
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You may also use the Service to create derivative works which are exclusively
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compatible with any CloudFlare product serviceand no other product or service.
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This license applies to the parts of the Solution developed by CloudFlare. The
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Solution may also incorporate externally maintained libraries and other open software.
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These resources may be governed by other licenses.
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1.2 Restrictions. The license granted herein is granted solely to you and
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not, by implication or otherwise, to any of your parents, subsidiaries or
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affiliates. No right is granted hereunder to use the Solution to perform
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services for third parties. All rights not expressly granted hereunder are
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reserved to CloudFlare. You may not use the Solution except as explicitly
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permitted under this Agreement. You are expressly prohibited from modifying,
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adapting, translating, preparing derivative works from, decompiling, reverse
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engineering, disassembling or otherwise attempting to derive source code from
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the Software used to provide the Services or any internal data files generated
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by the Solution. You are also prohibited from removing, obscuring or altering
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any copyright notice, trademarks, or other proprietary rights notices affixed to
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or associated with the Solution.
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1.3 Ownership. As between the parties, CloudFlare and/or its licensors own
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and shall retain all right, title, and interest in and to the Solution,
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including any and all technology embodied therein, including all copyrights,
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patents, trade secrets, trade dress and other proprietary rights associated
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therewith, and any derivative works created there from.
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2. LIMITATION OF LIABILITY
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YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT DOWNLOADING THE SOFTWARE IS AT YOUR
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SOLE RISK. THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND
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AND CLOUDFLARE, ITS LICENSORS AND ITS AUTHORIZED REPRESENTATIVES (TOGETHER FOR
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PURPOSES HEREOF, "CLOUDFLARE") EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR
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IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
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MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CLOUDFLARE DOES NOT
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WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR
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REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR
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ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE,
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CLOUDFLARE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE SOFTWARE
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OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY,
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OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CLOUDFLARE SHALL
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CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
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3. CONFIDENTIALITY
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It may be necessary during the set up and performance of the Solution for the
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parties to exchange Confidential Information. "Confidential Information" means
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any information whether oral, or written, of a private, secret, proprietary or
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confidential nature, concerning either party or its business operations,
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including without limitation: (a) your data and (b) CloudFlare's access control
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systems, specialized network equipment and techniques related to the Solution,
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use policies, which include trade secrets of CloudFlare and its licensors. Each
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party agrees to use the same degree of care to protect the confidentiality of
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the Confidential Information of the other party and to prevent its unauthorized
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use or dissemination as it uses to protect its own Confidential Information of a
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similar nature, but in no event shall exercise less than due diligence and
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reasonable care. Each party agrees to use the Confidential Information of the
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other party only for purposes related to the performance of this Agreement. All
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Confidential Information remains the property of the party disclosing the
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information and no license or other rights to Confidential Information is
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granted or implied hereby.
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4. TERM AND TERMINATION
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4.1 Term. This Agreement shall be effective upon download or install of the
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Software.
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4.2 Termination. This Agreement may be terminated by CloudFlare or its
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authorized representative by written notice to you if any of the following
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events occur: (i) you fail to pay any amounts due for the Services and the
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Solution when due and after written notice of such nonpayment has been given to
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you; (ii) you are in material breach of any term, condition, or provision of
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this Agreement or any other agreement executed by you with CloudFlare or its
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authorized representative in connection with the provision of the Solution and
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Services (a "Related Agreement"); or (iii) you terminate or suspend your
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business, becomes subject to any bankruptcy or insolvency proceeding under
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federal or state statutes, or become insolvent or subject to direct control by a
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trustee, receiver or similar authority.
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4.3 Effect of Termination. Upon the termination of this Agreement for any
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reason: (1) all license rights granted hereunder shall terminate and (2) all
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Confidential Information shall be returned to the disclosing party or destroyed.
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5. MISCELLANEOUS
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5.1 Assignment. You may not assign any of your rights or delegate any of
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your obligations under this Agreement, whether by operation of law or otherwise,
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without the prior express written consent of CloudFlare or its authorized
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representative. Any such assignment without the prior express written consent
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of CloudFlare or its authorized representative shall be void. Subject to the
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foregoing, this Agreement will bind and inure to the benefit of the parties,
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their respective successors and permitted assigns.
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5.2 Waiver and Amendment. No modification, amendment or waiver of any
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provision of this Agreement shall be effective unless in writing and signed by
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the party to be charged. No failure or delay by either party in exercising any
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right, power, or remedy under this Agreement, except as specifically provided
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herein, shall operate as a waiver of any such right, power or remedy. Without
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limiting the foregoing, terms and conditions on any purchase orders or similar
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materials submitted by you to CloudFlare or its authorized representative shall
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be of no force or effect.
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5.3 Governing Law. This Agreement shall be governed by the laws of the State
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of California, USA, excluding conflict of laws and provisions, and excluding the
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United Nations Convention on Contracts for the International Sale of Goods.
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5.4 Notices. All notices, demands or consents required or permitted under
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this Agreement shall be in writing. Notice shall be sent to you at the e-mail
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address provided by you to CloudFlare or its authorized representative in
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connection with the Solution.
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5.5 Independent Contractors. The parties are independent contractors.
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Neither party shall be deemed to be an employee, agent, partner or legal
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representative of the other for any purpose and neither shall have any right,
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power or authority to create any obligation or responsibility on behalf of the
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other.
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5.6 Severability. If any provision of this Agreement is held by a court of
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competent jurisdiction to be contrary to law, such provision shall be changed
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and interpreted so as to best accomplish the objectives of the original
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provision to the fullest extent allowed by law and the remaining provisions of
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this Agreement shall remain in full force and effect.
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5.7 Force Majeure. CloudFlare shall not be liable to the other party for any
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failure or delay in performance caused by reasons beyond its reasonable control.
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5.8 Complete Understanding. This Agreement and the Related Agreement
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constitute the final, complete and exclusive agreement between the parties with
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respect to the subject matter hereof, and supersedes all previous written and
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oral agreements and communications related to the subject matter of this
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Agreement. To the extent this Agreement and the Related Agreement conflict,
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this Agreement shall control.
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Apache License
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Version 2.0, January 2004
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http://www.apache.org/licenses/
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TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
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1. Definitions.
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"License" shall mean the terms and conditions for use, reproduction,
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and distribution as defined by Sections 1 through 9 of this document.
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Copyright [yyyy] [name of copyright owner]
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