1Couchbase Inc. Enterprise Subscription License Agreement
2
3IMPORTANT-READ CAREFULLY: BY CLICKING THE "I ACCEPT" BOX OR INSTALLING,
4DOWNLOADING OR OTHERWISE USING THIS SOFTWARE AND ANY ASSOCIATED
5DOCUMENTATION, YOU, ON BEHALF OF YOURSELF AND AS AN AUTHORIZED
6REPRESENTATIVE ON BEHALF OF AN ENTITY ("LICENSEE") AGREE TO ALL THE TERMS
7OF THIS LICENSE AGREEMENT (THE "AGREEMENT") REGARDING YOUR AND LICENSEE'S
8USE OF THE SOFTWARE.  YOU REPRESENT AND WARRANT THAT YOU HAVE FULL LEGAL
9AUTHORITY TO BIND THE LICENSEE TO THIS AGREEMENT. IF YOU DO NOT AGREE
10WITH ALL OF THESE TERMS, DO NOT SELECT THE "I ACCEPT" BOX AND DO NOT
11INSTALL, DOWNLOAD OR OTHERWISE USE THE SOFTWARE. THE EFFECTIVE DATE OF
12THIS AGREEMENT IS THE DATE ON WHICH YOU CLICK "I ACCEPT" OR OTHERWISE
13INSTALL, DOWNLOAD OR USE THE SOFTWARE.
14
151A. License Grant as to Free Licenses. A "Free License" is allowed for
16non-production use of the Software, provided that no Support Services
17are entitled to Licensee.  During the Subscription Term, and subject to
18Licensee's compliance with the terms and conditions of this Agreement,
19Couchbase grants to Licensee an unpaid, non-exclusive, non-transferable,
20non-sublicensable, non-fee bearing download license to install and use
21the Software only for Licensee's own internal testing and development use.
22If, at any time, Licensee uses the Software in production, or if Licensee
23requests Support Services, Licensee acknowledges and agrees that the
24license is automatically converted to an Enterprise License, which must
25be paid for.
26
271B.  License Grant as to Enterprise Licenses. An "Enterprise License"
28is required if Licensee makes any "Productive Use" (which means that
29either (a) the Software is used in production, or (b) Support Services
30are requested by Licensee). During the Subscription Term, and subject to
31Licensee's compliance with the terms and conditions of this Agreement,
32Couchbase grants to Licensee either i) a non-exclusive, non-transferable,
33non-sublicensable, fee bearing license to install and use the Software
34only for Licensee's own internal use and limited to the number of Licensed
35Nodes paid for by Licensee (and if stated in the Order, the number of
36Embedded Database Instances paid for by Licensee).
37
382. Restrictions. Licensee will not: (a) copy or use the Software in
39any manner except as expressly permitted in this Agreement; (b) use
40or deploy the Software in excess of the number of Licensed Nodes and
41Embedded Database Instances for which Licensee has paid the applicable
42Subscription Fee as to an Enterprise License; (c) transfer, sell, rent,
43lease, lend, distribute, or sublicense the Software to any third party;
44(d) use the Software for providing time-sharing services, service bureau
45services or as part of an application services provider or as a service
46offering primarily designed to offer the functionality of the Software;
47(e) reverse engineer, disassemble, or decompile the Software (except
48to the extent such restrictions are prohibited by law); (f) alter,
49modify, enhance or prepare any derivative work from or of the Software;
50(g) alter or remove any proprietary notices in the Software; or (h)
51export the Software in violation of U.S. Department of Commerce export
52administration rules or any other export laws or regulations. If Licensee
53does not comply with the license terms or the foregoing restrictions,
54Couchbase may terminate or suspend Licensee's license to the Software
55(without refund or credit) until Licensee comes into compliance with
56such terms and restrictions.
57
583. Proprietary Rights. The Software (and any modifications or derivatives
59thereto) and all Deliverables, are and shall remain the sole property
60of Couchbase and its licensors, and, except for the license rights
61granted herein, Couchbase and its licensors retain all right, title and
62interest in and to the Software, including all intellectual property
63rights therein and thereto. The Software may include third party open
64source software components. If Licensee is the United States Government
65or any contractor thereof, all licenses granted hereunder are subject
66to the following: (a) for acquisition by or on behalf of civil agencies,
67as necessary to obtain protection as "commercial computer software" and
68related documentation in accordance with the terms of this Agreement and
69as specified in Subpart 12.1212 of the Federal Acquisition Regulation
70(FAR), 48 C.F.R.12.1212, and its successors; and (b) for acquisition
71by or on behalf of the Department of Defense (DOD) and any agencies or
72units thereof, as necessary to obtain protection as "commercial computer
73software" and related documentation in accordance with the terms of
74this Agreement and as specified in Subparts 227.7202-1 and 227.7202-3
75of the DOD FAR Supplement, 48 C.F.R.227.7202-1 and 227.7202-3, and its
76successors. Manufacturer is Couchbase, Inc.
77
784. Support. This Section applies only to Enterprise Licenses, but not to
79Free Licenses. Couchbase offers several levels of Support Services for
80the Software. Couchbase will provide Licensee with the level of Support
81Services indicated on the Order and paid for by Licensee. For all Licensed
82Nodes and Embedded Database Instances within a Production Deployment,
83all such nodes and instances must be at the same level of Support
84Services, including any instances that are used for disaster recovery
85or backup that are associated with the Production Deployment. Different
86Production Deployments can be at different levels of Support Services.
87Similarly, as to instances in a development or test environment running
88the Software, all Licensed Nodes and Embedded Database Instances must
89be at the same level of Support Services - but such Licensed Nodes may
90be at a different support level than the Production Deployment(s). When
91using the Cross Data Center Replication feature, Licensee must have all
92Licensed Nodes at the same level of Support Services for all instances
93on all sides of the replication connection, including if one side of
94the connection is only used for disaster recovery or backup.
95
965. Payments. This Section applies only to Enterprise Licenses, but not to
97Free Licenses.  Licensee will pay Couchbase the applicable Subscription
98Fees and applicable fees as set forth in each Order. All payments of
99fees or charges under this Agreement shall be made in the currency
100stated on the Order and are due within thirty (30) days of the date
101of the invoice. Late payments will bear interest at the lesser of one
102and one-half percent (1 1/2 %) per month or the maximum rate allowed by
103law. In addition, Licensee will reimburse Couchbase for all reasonable
104costs and expenses incurred (including reasonable attorneys' fees) in
105collecting any overdue amounts. All fees payable under this Agreement
106are net amounts and are payable in full, without deduction for taxes or
107duties of any kind. Fees are exclusive of, and Licensee is responsible
108for all duties and taxes (including Value Added Tax which shall be paid
109by Licensee, if applicable, at the rate and in the manner for the time
110being prescribed by law), except for taxes based on Couchbase's net
111income. All fees are non-refundable, except to the extent expressly
112provided for in this Agreement.
113
1145A.  If Licensee sends Couchbase a purchase order ("PO"), the PO will
115be deemed a binding contract offer, which Couchbase can accept by
116signing the PO (thereby forming a mutually agreed Order governed by
117this Agreement); in such case the only terms listed on the accepted PO
118which will form part of the Order are the Commercial Details; and all
119other terms (whether additional or conflicting with the Agreement) on
120a PO will be void and without effect, even if Couchbase signs the PO.
121All accepted POs will automatically be governed by this Agreement (even
122if the PO does not reference the Agreement). "Commercial Details" means
123the identified product(s), quantity (e.g, number of Licensed Nodes and/or
124Embedded Database Instances), price, server size metric, support level,
125and subscription start and end date.
126
1276. Records Retention and Audit. Licensee shall maintain complete and
128accurate records to permit Couchbase to verify Licensee's compliance
129with the Agreement (including the number of Licensed Nodes used by
130Licensee), and provide Couchbase with such records within ten (10)
131days of request. Upon at least thirty (30) days prior written notice,
132Couchbase may audit Licensee's use of the Software to assess whether
133Licensee is in compliance with the terms of this Agreement. Any such
134audit will be conducted during regular business hours at Licensee's
135facilities and will not unreasonably interfere with Licensee's business
136activities. Licensee will provide Couchbase with access to the relevant
137Licensee records and facilities. If an audit reveals that Licensee has
138underpaid fees to Couchbase, then Couchbase will invoice Licensee, and
139Licensee will promptly pay Couchbase, for such underpaid fees based on
140Couchbase's price list in effect at the time the audit is completed. If
141the underpaid fees exceed five percent (5%) of the Subscription Fee paid
142by Licensee for the Software, then Licensee will also pay Couchbase's
143reasonable costs of conducting the audit.
144
1457. Confidentiality. Licensee and Couchbase will maintain the
146confidentiality of Confidential Information. The receiving party of
147any Confidential Information of the other party agrees not to use
148such Confidential Information for any purpose except as necessary to
149fulfill its obligations and exercise its rights under this Agreement. The
150receiving party shall protect the secrecy of and prevent disclosure and
151unauthorized use of the disclosing party's Confidential Information using
152the same degree of care that it takes to protect its own confidential
153information and in no event shall use less than reasonable care. The
154terms of this Confidentiality section shall survive termination or
155expiration of this Agreement. Upon termination or expiration of this
156Agreement, the receiving party will, at the disclosing party's option,
157promptly return or destroy (and provide written certification of such
158destruction) the disclosing party's Confidential Information. A party
159may disclose the other party's Confidential Information to the extent
160required by any law or regulation.
161
1628. Disclaimer of Warranty. THE SOFTWARE AND ANY SERVICES PROVIDED
163HEREUNDER ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. COUCHBASE
164DOES NOT WARRANT THAT THE SOFTWARE OR THE SERVICES PROVIDED HEREUNDER
165WILL MEET LICENSEE'S REQUIREMENTS, THAT THE SOFTWARE WILL OPERATE IN
166THE COMBINATIONS LICENSEE MAY SELECT FOR USE, THAT THE OPERATION OF
167THE SOFTWARE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ALL SOFTWARE
168ERRORS WILL BE CORRECTED. COUCHBASE HEREBY DISCLAIMS ALL WARRANTIES,
169EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
170WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
171NON-INFRINGEMENT, TITLE, AND ANY WARRANTIES ARISING OUT OF COURSE OF
172DEALING, USAGE OR TRADE.
173
1749. Indemnification of Third Party Claims.
175
1769.1 Indemnification. Subject to Section 9, Couchbase will indemnify and
177defend Licensee from and against any damages finally awarded against
178Licensee in connection with any third party claims that the Software
179and Services infringe any United States patent, United States copyright
180or United States trademark or other intellectual property rights;
181provided that: (a) Licensee promptly notifies Couchbase of the claim;
182(b) Licensee gives Couchbase all necessary information regarding the
183claim and reasonably cooperates with Couchbase; and (c) allows Couchbase
184to control the defense and all related settlement negotiations.
185
1869.2 Injunction. If use of the Software and Services are enjoined, or
187Couchbase determines that such use may be enjoined, Couchbase will,
188at its sole option and expense, (a) procure for Licensee the right to
189continue using the affected Software and Services; (b) replace or modify
190the affected Software and Services infringe so that they do not infringe;
191or (c) if either option (a) or (b) is not commercially feasible in
192Couchbase's reasonable opinion, as applicable, terminate the licenses and
193refund Licensee a pro-rata amounts of the Subscription Fees, and terminate
194the Services and refund the fees for the Services that were infringing.
195
1969.3 Exclusions. Couchbase will have no liability for any infringement
197claim, (A) as to Software, (i) based on modifications to the Software
198made by a party other than Couchbase, to the extent a claim would not have
199occurred but for such modifications, (ii) based on the use of other than
200the then-current, version of the Software, unless the infringing portion
201is also in the then-current, unaltered release, (iii) based on the use,
202operation or combination of the Software with non-Couchbase programs,
203data, or equipment to the extent such infringement would have been
204avoided but for such use, operation or combination, (iv) attributable to
205any third party open source software components, or (v) to the extent
206based on Licensee's use of the Software other than in accordance with
207this Agreement or the applicable Documentation; or (B) as to Services,
208(i) based on modifications to the Services made by a party other than
209Couchbase, to the extent a claim would not have occurred but for such
210modifications, (ii) based on Licensee's use of the Services in violation
211of this Agreement, and such use causes such infringement, or (iii)
212based on infringement resulting from the combination of the Services,
213with any hardware, data or software not provided by Couchbase.
214
2159.4 Sole Remedy. THE TERMS OF THIS SECTION CONSTITUTE THE ENTIRE LIABILITY
216OF COUCHBASE, AND LICENSEE'S SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO
217ANY THIRD PARTY CLAIMS OF INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL
218PROPERTY RIGHTS OF ANY KIND.
219
2209.5 Applicability.  Section 9 applies only to Enterprise Licenses,
221but not to Free Licenses.
222
22310. Subscription Term Termination. The Agreement shall begin on the
224Agreement Effective Date, and shall remain in effect until terminated
225by a party by sending written notice to the other party.  As to the
226Software, the "Subscription Term" for Enterprise Licenses shall begin
227on the earlier of (a) the Order effective date, and (b) the first date
228of Productive Use.  The Subscription Term will continue for a period
229of time paid for. As to Free Licenses, the Subscription Term begins
230on the date of download, and lasts until terminated.  Subject to
231Couchbase's rights under Section 2 above, either party may terminate
232this Agreement or an Enterprise License prior to the end of a term if
233the other party materially breaches its obligations hereunder and, where
234such breach is curable, such breach remains uncured for thirty (30) days
235following written notice of the breach. Licensee's obligation to make
236a payment of any outstanding, unpaid fees shall survive termination
237of this Agreement. Upon termination or expiration of any license,
238Order, or this Agreement, Licensee will promptly return or destroy
239(and provide written certification of such destruction) the applicable
240Software and all copies and portions thereof, in all forms and types of
241media. As to a Free License, a party may terminate such license at any
242time, for convenience by providing written notice to the other party.
243The following sections will survive termination or expiration of this
244Agreement: Sections 2, 3, 5-13.
245
24611. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
247LAW, IN NO EVENT WILL COUCHBASE OR ITS LICENSORS BE LIABLE TO LICENSEE OR
248TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL
249OR EXEMPLARY DAMAGES OR FOR THE COST OF PROCURING SUBSTITUTE PRODUCTS
250OR SERVICES ARISING OUT OF OR IN ANY WAY RELATING TO OR IN CONNECTION
251WITH THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOFTWARE,
252DOCUMENTATION, OR THE SERVICES PROVIDED BY COUCHBASE HEREUNDER INCLUDING,
253WITHOUT LIMITATION, DAMAGES OR OTHER LOSSES FOR LOSS OF USE, LOSS OF
254BUSINESS, LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA,
255COMPUTER FAILURE OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES EVEN
256IF ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR
257EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM
258IS BASED. IN NO EVENT WILL COUCHBASE'S OR ITS LICENSORS' AGGREGATE
259LIABILITY TO LICENSEE, FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF
260LIABILITY, EXCEED THE TOTAL AMOUNTS PAID BY LICENSEE TO COUCHBASE THAT ARE
261ATTRIBUTABLE TO THE ORDER FOR THE TWELVE (12) MONTH PERIOD IMMEDIATELY
262PRECEDING THE ACT OR OMISSION FIRST GIVING RISE TO THE LIABILITY. The
263parties expressly acknowledge and agree that Couchbase has set its
264prices and entered into this Agreement in reliance upon the limitations
265of liability specified herein, which allocate the risk between Couchbase
266and Licensee and form a basis of the bargain between the parties.
267
26812. General. Neither party shall be liable for any delay or failure in
269performance (except for any payment obligations) due to causes beyond
270its reasonable control. Neither party will, without the other party's
271prior written consent, make any news release, public announcement,
272denial or confirmation of this Agreement, its value, or its terms and
273conditions, or in any manner advertise or publish the fact of this
274Agreement. Notwithstanding the above, Couchbase may use Licensee's name
275and logo, consistent with Licensee's trademark policies, on customer lists
276so long as such use in no way promotes either endorsement or approval of
277Couchbase or any Couchbase products or services. Licensee may not assign
278this Agreement, in whole or in part, by operation of law or otherwise,
279without Couchbase's prior written consent. Any attempt to assign this
280Agreement, without such consent, will be null and of no effect. Subject
281to the foregoing, this Agreement will bind and inure to the benefit of
282each party's successors and permitted assigns. If for any reason a court
283of competent jurisdiction finds any provision of this Agreement invalid
284or unenforceable, that provision of the Agreement will be enforced
285to the maximum extent permissible and the other provisions of this
286Agreement will remain in full force and effect. The failure by either
287party to enforce any provision of this Agreement will not constitute a
288waiver of future enforcement of that or any other provision. All waivers
289must be in writing and signed by both parties. All notices permitted or
290required under this Agreement shall be in writing and shall be delivered
291in person, by confirmed facsimile, overnight courier service or mailed
292by first class, registered or certified mail, postage prepaid, to the
293address of the party specified above or such other address as either
294party may specify in writing. Such notice shall be deemed to have been
295given upon receipt. This Agreement shall be governed by the laws of the
296State of California, U.S.A., excluding its conflicts of law rules. The
297parties expressly agree that the UN Convention for the International
298Sale of Goods will not apply. Any legal action or proceeding arising
299under this Agreement will be brought exclusively in the federal or state
300courts located in Santa Clara County, California and the parties hereby
301irrevocably consent to the personal jurisdiction and venue therein. Any
302amendment or modification to the Agreement must be in writing signed
303by both parties. This Agreement constitutes the entire agreement and
304supersedes all prior or contemporaneous oral or written agreements
305regarding the subject matter hereof. No additional or conflicting
306terms set forth on any purchase order, order acknowledgement or other
307document shall have any force or effect and are hereby rejected unless
308expressly agreed upon by the parties' duly authorized representatives
309in writing. Each of the parties has caused this Agreement to be executed
310by its duly authorized representatives as of the Effective Date. Except
311as expressly set forth in this Agreement, the exercise by either party
312of any of its remedies under this Agreement will be without prejudice
313to its other remedies under this Agreement or otherwise. The parties to
314this Agreement are independent contractors and this Agreement will not
315establish any relationship of partnership, joint venture, employment,
316franchise, or agency between the parties. Neither party will have the
317power to bind the other or incur obligations on the other's behalf
318without the other's prior written consent. Licensee has not relied
319on the availability of any future version of the purchased product
320or any future product in making its decision to purchase the Software
321license. This Agreement may be executed in any number of counterparts,
322each of which shall be deemed an original, but all of which together
323shall constitute one instrument. Signatures transmitted electronically
324or by facsimile shall be deemed original signatures.  This Agreement is
325applicable both to use of the Software without a signed Order, but also
326to use of the Software pursuant to any Order signed by You or Licensee.
327
32813. Definitions. Capitalized terms used herein shall have the
329following definitions: "Confidential Information" means any proprietary
330information received by the other party during, or prior to entering
331into, this Agreement that a party should know is confidential or
332proprietary based on the circumstances surrounding the disclosure
333including the Software and any non-public technical and business
334information (including pricing).  Confidential Information does not
335include information that (a) is or becomes generally known to the public
336through no fault of or breach of this Agreement by the receiving party;
337(b) is rightfully known by the receiving party at the time of disclosure
338without an obligation of confidentiality to the disclosing party; (c)
339is independently developed by the receiving party without use of the
340disclosing party's Confidential Information; or (d) the receiving party
341rightfully obtains from a third party without restriction on use or
342disclosure. "Embedded Database Instance" means the number of instances
343of the "Couchbase Lite" product storing data on a local device (such
344as a mobile device, laptop, etc.) which may sync with a remote server.
345"Documentation" means the technical user guides or manuals provided by
346Couchbase related to the Software.  "Licensed Node" means an instance
347of the Software running on a server, including a physical server,
348server blade, virtual machine, software container, or cloud server.
349"Software" means the object code version of the applicable Couchbase
350product you download or as reflected in an Order.  "Subscription Fee"
351means the fee applicable to use of the Software (or as specified in an
352Order) for the right to use the Software for up to the number of Licensed
353Nodes and/or Embedded Database Instances paid for.  The Subscription
354Fee includes fees for Support Services.  "Subscription Term" means,
355collectively, the initial subscription term described in Section 10.
356"Support Services" means the technical support and Software maintenance
357services paid for (with the right to receive Software updates and upgrades
358made generally available by Couchbase) as described in the then-current
359Couchbase support policy (located at www.couchbase.com/support-policy).
360"Production Deployment" means all Licensed Nodes and Embedded Database
361Instances within a particular cluster or clusters that are being used to
362support a live workload or application.  "Order" means a transaction
363document (such as a signed sales quote) identifying the Software
364licensed to Licensee, the number of Licensed Nodes and/or Embedded
365Database Instances, and the applicable Subscription Fee.  The term
366"including" means including but not limited to.  "SOW" (or Order) means a
367transaction document identifying Services purchased.  "Services" means the
368consulting service(s) and Deliverables provided by Couchbase to Licensee,
369using commercially reasonable efforts (a list of available consulting
370services can be viewed at www.couchbase.com/dos04132016).  "Deliverables"
371means reports, and other deliverables Couchbase may design, develop for,
372or deliver to Licensee during the course of providing consulting services.
373
374LA v2 20171030
375
376----------------------------------------- IMPORTANT CLARIFICATION:  If
377you use any of the Developer Preview features, the Agreement above does
378not apply.  Instead, the "Developer Preview Trial License Agreement -
379Free Edition" solely governs your use of the Developer Preview features
380and code.
381
382
383Developer Preview Trial License Agreement
384
385
386IMPORTANT-READ CAREFULLY: BY INSTALLING, DOWNLOADING OR OTHERWISE USING
387THIS SOFTWARE AND ANY ASSOCIATED DOCUMENTATION, YOU, ON BEHALF OF YOURSELF
388OR AS AN AUTHORIZED REPRESENTATIVE ON BEHALF OF AN ENTITY ("LICENSEE")
389AGREE TO ALL THE TERMS OF THIS DEVELOPER PREVIEW TRIAL LICENSE AGREEMENT -
390FREE EDITION (THE "AGREEMENT") REGARDING YOUR USE OF THE SOFTWARE. YOU
391REPRESENT AND WARRANT THAT YOU HAVE FULL LEGAL AUTHORITY TO BIND THE
392LICENSEE TO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS,
393DO NOT INSTALL, DOWNLOAD OR OTHERWISE USE THE SOFTWARE. THE "EFFECTIVE
394DATE" OF THIS AGREEMENT IS THE DATE ON WHICH YOU FIRST INSTALL, DOWNLOAD
395OR USE THE SOFTWARE.
396
3971. License Grant. Subject to Licensee's compliance with the terms and
398conditions of this Agreement, Couchbase Inc. hereby grants to Licensee a,
399non-exclusive, non-transferable, non-sublicensable, royalty-free, limited
400license to install and use the Software only for Licensee's own internal
401non-production use for the purpose of evaluation and/or development.
402
4032. Restrictions. Licensee will not: (a) copy or use the Software
404in any manner except as expressly permitted in this Agreement;
405(b) [intentionally omitted]; (c) transfer, sell, rent, lease, lend,
406distribute, or sublicense the Software to any third party; (d) use the
407Software for providing time-sharing services, service bureau services
408or as part of an application services provider or as a service offering
409primarily designed to offer the functionality of the Software; (e)
410reverse engineer, disassemble, or decompile the Software (except to
411the extent such restrictions are prohibited by law); (f) alter, modify,
412enhance or prepare any derivative work from or of the Software; (g) alter
413or remove any proprietary notices in the Software; (h) make available
414to any third party the functionality of the Software or any license keys
415used in connection with the Software; (i) publicly display or communicate
416the results of internal performance testing or other benchmarking or
417performance evaluation of the Software; or (j) export the Software in
418violation of U.S. Department of Commerce export administration rules
419or any other export laws or regulations. If Licensee does not comply
420with the license terms or the foregoing restrictions, Couchbase Inc. may
421terminate or suspend Licensee's account and access to the Software until
422Licensee comes into compliance with such terms and restrictions.
423
4243. Proprietary Rights. The Software, and any modifications or derivatives
425thereto, is and shall remain the sole property of Couchbase Inc. and
426its licensors, and, except for the license rights granted herein,
427Couchbase Inc. and its licensors retain all right, title and interest in
428and to the Software, including all intellectual property rights therein
429and thereto. The Software may include third party open source software
430components. If Licensee is the United States Government or any contractor
431thereof, all licenses granted hereunder are subject to the following: (a)
432for acquisition by or on behalf of civil agencies, as necessary to obtain
433protection as "commercial computer software" and related documentation in
434accordance with the terms of this Agreement and as specified in Subpart
43512.1212 of the Federal Acquisition Regulation (FAR), 48 C.F.R.12.1212, and
436its successors; and (b) for acquisition by or on behalf of the Department
437of Defense (DOD) and any agencies or units thereof, as necessary to obtain
438protection as "commercial computer software" and related documentation in
439accordance with the terms of this Agreement and as specified in Subparts
440227.7202-1 and 227.7202-3 of the DOD FAR Supplement, 48 C.F.R.227.7202-1
441and 227.7202-3, and its successors. Manufacturer is Couchbase, Inc.
442
4434. Support. Couchbase Inc. will not provide any technical or other
444product support for the Software.
445
4465. Confidentiality. Licensee and Couchbase Inc. will maintain the
447confidentiality of Confidential Information. The receiving party of
448any Confidential Information of the other party agrees not to use
449such Confidential Information for any purpose except as necessary to
450fulfill its obligations and exercise its rights under this Agreement. The
451receiving party shall protect the secrecy of and prevent disclosure and
452unauthorized use of the disclosing party's Confidential Information using
453the same degree of care that it takes to protect its own confidential
454information and in no event shall use less than reasonable care. The
455terms of this Confidentiality section shall survive termination of this
456Agreement. Upon termination or expiration of this Agreement, the receiving
457party will, at the disclosing party's option, promptly return or destroy
458(and provide written certification of such destruction) the disclosing
459party's Confidential Information.
460
4616. Disclaimer of Warranty. THE SOFTWARE AND ANY SERVICES PROVIDED
462HEREUNDER ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. COUCHBASE
463INC. DOES NOT WARRANT THAT THE SOFTWARE OR THE SERVICES PROVIDED
464HEREUNDER WILL MEET LICENSEE'S REQUIREMENTS, THAT THE SOFTWARE WILL
465OPERATE IN THE COMBINATIONS LICENSEE MAY SELECT FOR USE, THAT THE
466OPERATION OF THE SOFTWARE WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT
467ALL SOFTWARE ERRORS WILL BE CORRECTED. COUCHBASE INC. HEREBY DISCLAIMS
468ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED
469TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
470PURPOSE, NON-INFRINGEMENT, TITLE, AND ANY WARRANTIES ARISING OUT OF
471COURSE OF DEALING, USAGE OR TRADE.
472
4737. Agreement Term and Termination. The term of this Agreement shall
474begin on the Effective Date and will continue for the period of time
475noted in Section 1above, at which time both the Agreement and the
476license stated herein shall expire. Couchbase Inc. may terminate this
477Agreement if Licensee materially breaches its obligations hereunder and,
478where such breach is curable, such breach remains uncured for ten (10)
479days following written notice of the breach. Upon termination of this
480Agreement, Licensee will, at Couchbase Inc.'s option, promptly return
481or destroy (and provide written certification of such destruction) the
482applicable Software and all copies and portions thereof, in all forms
483and types of media. The following sections will survive termination or
484expiration of this Agreement: Sections 2, 3, 5, 6, 7, 8, 9, and 10.
485
4868. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY
487APPLICABLE LAW, IN NO EVENT WILL COUCHBASE INC. OR ITS LICENSORS BE
488LIABLE TO LICENSEE OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL,
489INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR FOR THE COST OF
490PROCURING SUBSTITUTE PRODUCTS OR SERVICES ARISING OUT OF OR IN ANY
491WAY RELATING TO OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OF OR
492INABILITY TO USE THE SOFTWARE OR DOCUMENTATION OR THE SERVICES PROVIDED
493BY COUCHBASE INC. HEREUNDER INCLUDING, WITHOUT LIMITATION, DAMAGES OR
494OTHER LOSSES FOR LOSS OF USE, LOSS OF BUSINESS, LOSS OF GOODWILL, WORK
495STOPPAGE, LOST PROFITS, LOSS OF DATA, COMPUTER FAILURE OR ANY AND ALL
496OTHER COMMERCIAL DAMAGES OR LOSSES EVEN IF ADVISED OF THE POSSIBILITY
497THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT
498OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN NO EVENT WILL COUCHBASE
499INC.'S OR ITS LICENSORS' AGGREGATE LIABILITY TO LICENSEE, FROM ALL CAUSES
500OF ACTION AND UNDER ALL THEORIES OF LIABILITY, EXCEED ONE HUNDRED DOLLARS
501(US $100). The parties expressly acknowledge and agree that Couchbase
502Inc. has set its prices and entered into this Agreement in reliance
503upon the limitations of liability specified herein, which allocate the
504risk between Couchbase Inc. and Licensee and form a basis of the bargain
505between the parties.
506
5079. General. Couchbase Inc. shall not be liable for any delay or failure
508in performance due to causes beyond its reasonable control. Neither party
509will, without the other party's prior written consent, make any news
510release, public announcement, denial or confirmation of this Agreement,
511its value, or its terms and conditions, or in any manner advertise or
512publish the fact of this Agreement. Notwithstanding the above, Couchbase
513Inc. may use Licensee's name and logo, consistent with Licensee's
514trademark policies, on customer lists so long as such use in no way
515promotes either endorsement or approval of Couchbase Inc. or any Couchbase
516Inc. products or services. Licensee may not assign this Agreement, in
517whole or in part, by operation of law or otherwise, without Couchbase
518Inc.'s prior written consent. Any attempt to assign this Agreement,
519without such consent, will be null and of no effect. Subject to the
520foregoing, this Agreement will bind and inure to the benefit of each
521party's successors and permitted assigns. If for any reason a court of
522competent jurisdiction finds any provision of this Agreement invalid or
523unenforceable, that provision of the Agreement will be enforced to the
524maximum extent permissible and the other provisions of this Agreement
525will remain in full force and effect. The failure by either party to
526enforce any provision of this Agreement will not constitute a waiver of
527future enforcement of that or any other provision. All waivers must be
528in writing and signed by both parties. All notices permitted or required
529under this Agreement shall be in writing and shall be delivered in person,
530by confirmed facsimile, overnight courier service or mailed by first
531class, registered or certified mail, postage prepaid, to the address
532of the party specified above or such other address as either party may
533specify in writing. Such notice shall be deemed to have been given upon
534receipt. This Agreement shall be governed by the laws of the State of
535California, U.S.A., excluding its conflicts of law rules. The parties
536expressly agree that the UN Convention for the International Sale of Goods
537(CISG) will not apply. Any legal action or proceeding arising under this
538Agreement will be brought exclusively in the federal or state courts
539located in the Northern District of California and the parties hereby
540irrevocably consent to the personal jurisdiction and venue therein. Any
541amendment or modification to the Agreement must be in writing signed
542by both parties. This Agreement constitutes the entire agreement and
543supersedes all prior or contemporaneous oral or written agreements
544regarding the subject matter hereof. No additional or conflicting
545terms set forth on any purchase order, order acknowledgement or other
546document shall have any force or effect and are hereby rejected unless
547expressly agreed upon by the parties' duly authorized representatives
548in writing. Each of the parties has caused this Agreement to be executed
549by its duly authorized representatives as of the Effective Date. Except
550as expressly set forth in this Agreement, the exercise by either party
551of any of its remedies under this Agreement will be without prejudice
552to its other remedies under this Agreement or otherwise. The parties to
553this Agreement are independent contractors and this Agreement will not
554establish any relationship of partnership, joint venture, employment,
555franchise, or agency between the parties. Neither party will have the
556power to bind the other or incur obligations on the other's behalf
557without the other's prior written consent.
558
55910. Definitions. Capitalized terms used herein shall have the following
560definitions: "Confidential Information" means any proprietary information
561received by the other party during, or prior to entering into, this
562Agreement that a party should know is confidential or proprietary based
563on the circumstances surrounding the disclosure including, without
564limitation, the Software and any non-public technical and business
565information. Confidential Information does not include information that
566(a) is or becomes generally known to the public through no fault of or
567breach of this Agreement by the receiving party; (b) is rightfully known
568by the receiving party at the time of disclosure without an obligation
569of confidentiality; (c) is independently developed by the receiving
570party without use of the disclosing party's Confidential Information;
571or (d) the receiving party rightfully obtains from a third party
572without restriction on use or disclosure. "Documentation" means any
573technical user guides or manuals provided by Couchbase Inc. related
574to the Software. "Couchbase" means Couchbase, Inc. "Couchbase Website"
575means www.Couchbase.com. "Software" means the object code version of the
576applicable elastic data management server software provided by Couchbase
577Inc. and downloaded by Licensee from the Couchbase Website or otherwise
578used by Licensee.
579
580
581If you have any questions regarding this Agreement, please contact us
582at sales@couchbase.com.
583
584-----------------------------------------
585
586* Oracle Java SE Runtime Environment (JRE) 8
587   (http://www.oracle.com/technetwork/java/javase/overview/index.html)
588
589  Oracle Binary Code License Agreement for the Java SE Platform Products
590  and JavaFX
591
592  ORACLE AMERICA, INC. ("ORACLE"), FOR AND ON BEHALF OF ITSELF AND
593  ITS SUBSIDIARIES AND AFFILIATES UNDER COMMON CONTROL, IS WILLING TO
594  LICENSE THE SOFTWARE TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT
595  ALL OF THE TERMS CONTAINED IN THIS BINARY CODE LICENSE AGREEMENT AND
596  SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY "AGREEMENT"). PLEASE READ
597  THE AGREEMENT CAREFULLY. BY SELECTING THE "ACCEPT LICENSE AGREEMENT"
598  (OR THE EQUIVALENT) BUTTON AND/OR BY USING THE SOFTWARE YOU ACKNOWLEDGE
599  THAT YOU HAVE READ THE TERMS AND AGREE TO THEM. IF YOU ARE AGREEING TO
600  THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT
601  THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THE LEGAL ENTITY TO THESE
602  TERMS. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT WISH TO
603  BE BOUND BY THE TERMS, THEN SELECT THE "DECLINE LICENSE AGREEMENT"
604  (OR THE EQUIVALENT) BUTTON AND YOU MUST NOT USE THE SOFTWARE ON THIS
605  SITE OR ANY OTHER MEDIA ON WHICH THE SOFTWARE IS CONTAINED.
606
607  1. DEFINITIONS. "Software" means the software identified above in binary
608  form that you selected for download, install or use (in the version You
609  selected for download, install or use) from Oracle or its authorized
610  licensees, any other machine readable materials (including, but not
611  limited to, libraries, source files, header files, and data files), any
612  updates or error corrections provided by Oracle, and any user manuals,
613  programming guides and other documentation provided to you by Oracle
614  under this Agreement. "General Purpose Desktop Computers and Servers"
615  means computers, including desktop and laptop computers, or servers,
616  used for general computing functions under end user control (such as but
617  not specifically limited to email, general purpose Internet browsing,
618  and office suite productivity tools). The use of Software in systems and
619  solutions that provide dedicated functionality (other than as mentioned
620  above) or designed for use in embedded or function-specific software
621  applications, for example but not limited to: Software embedded in or
622  bundled with industrial control systems, wireless mobile telephones,
623  wireless handheld devices, kiosks, TV/STB, Blu-ray Disc devices,
624  telematics and network control switching equipment, printers and
625  storage management systems, and other related systems are excluded
626  from this definition and not licensed under this Agreement. "Programs"
627  means (a) Java technology applets and applications intended to run on
628  the Java Platform, Standard Edition platform on Java-enabled General
629  Purpose Desktop Computers and Servers; and (b) JavaFX technology
630  applications intended to run on the JavaFX Runtime on JavaFX-enabled
631  General Purpose Desktop Computers and Servers. "Commercial Features"
632  means those features identified in Table 1-1 (Commercial Features In
633  Java SE Product Editions) of the Java SE documentation accessible at
634  http://www.oracle.com/technetwork/java/javase/documentation/index.html.
635  "README File" means the README file for the Software accessible at
636  http://www.oracle.com/technetwork/java/javase/documentation/index.html.
637
638  2. LICENSE TO USE. Subject to the terms and conditions of this Agreement
639  including, but not limited to, the Java Technology Restrictions of
640  the Supplemental License Terms, Oracle grants you a non-exclusive,
641  non-transferable, limited license without license fees to reproduce
642  and use internally the Software complete and unmodified for the sole
643  purpose of running Programs. THE LICENSE SET FORTH IN THIS SECTION 2
644  DOES NOT EXTEND TO THE COMMERCIAL FEATURES. YOUR RIGHTS AND OBLIGATIONS
645  RELATED TO THE COMMERCIAL FEATURES ARE AS SET FORTH IN THE SUPPLEMENTAL
646  TERMS ALONG WITH ADDITIONAL LICENSES FOR DEVELOPERS AND PUBLISHERS.
647
648  3. RESTRICTIONS. Software is copyrighted. Title to Software and all
649  associated intellectual property rights is retained by Oracle and/or
650  its licensors. Unless enforcement is prohibited by applicable law,
651  you may not modify, decompile, or reverse engineer Software. You
652  acknowledge that the Software is developed for general use in a variety
653  of information management applications; it is not developed or intended
654  for use in any inherently dangerous applications, including applications
655  that may create a risk of personal injury. If you use the Software
656  in dangerous applications, then you shall be responsible to take
657  all appropriate fail-safe, backup, redundancy, and other measures to
658  ensure its safe use. Oracle disclaims any express or implied warranty
659  of fitness for such uses. No right, title or interest in or to any
660  trademark, service mark, logo or trade name of Oracle or its licensors
661  is granted under this Agreement. Additional restrictions for developers
662  and/or publishers licenses are set forth in the Supplemental License
663  Terms.
664
665  4. DISCLAIMER OF WARRANTY. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT
666  WARRANTY OF ANY KIND. ORACLE FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS
667  AND IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF
668  MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
669
670  5. LIMITATION OF LIABILITY. IN NO EVENT SHALL ORACLE BE LIABLE FOR
671  ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES,
672  OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY
673  YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN
674  IF ORACLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ORACLE'S
675  ENTIRE LIABILITY FOR DAMAGES HEREUNDER SHALL IN NO EVENT EXCEED ONE
676  THOUSAND DOLLARS (U.S. $1,000).
677
678  6. TERMINATION. This Agreement is effective until terminated. You
679  may terminate this Agreement at any time by destroying all copies
680  of Software. This Agreement will terminate immediately without
681  notice from Oracle if you fail to comply with any provision of this
682  Agreement. Either party may terminate this Agreement immediately should
683  any Software become, or in either party's opinion be likely to become,
684  the subject of a claim of infringement of any intellectual property
685  right. Upon termination, you must destroy all copies of Software.
686
687  7. EXPORT REGULATIONS. You agree that U.S. export control laws
688  and other applicable export and import laws govern your use of
689  the Software, including technical data; additional information
690  can be found on Oracle's Global Trade Compliance web site
691  (http://www.oracle.com/us/products/export). You agree that neither the
692  Software nor any direct product thereof will be exported, directly,
693  or indirectly, in violation of these laws, or will be used for any
694  purpose prohibited by these laws including, without limitation, nuclear,
695  chemical, or biological weapons proliferation.
696
697  8. TRADEMARKS AND LOGOS. You acknowledge and agree as between you
698  and Oracle that Oracle owns the ORACLE and JAVA trademarks and all
699  ORACLE- and JAVA-related trademarks, service marks, logos and other
700  brand designations ("Oracle Marks"), and you agree to comply with the
701  Third Party Usage Guidelines for Oracle Trademarks currently located
702  at http://www.oracle.com/us/legal/third-party-trademarks/index.html
703  . Any use you make of the Oracle Marks inures to Oracle's benefit.
704
705  9. U.S. GOVERNMENT LICENSE RIGHTS. If Software is being acquired
706  by or on behalf of the U.S. Government or by a U.S. Government prime
707  contractor or subcontractor (at any tier), then the Government's rights
708  in Software and accompanying documentation shall be only those set
709  forth in this Agreement.
710
711  10. GOVERNING LAW. This agreement is governed by the substantive and
712  procedural laws of California. You and Oracle agree to submit to the
713  exclusive jurisdiction of, and venue in, the courts of San Francisco,
714  or Santa Clara counties in California in any dispute arising out of
715  or relating to this agreement.
716
717  11. SEVERABILITY. If any provision of this Agreement is held to be
718  unenforceable, this Agreement will remain in effect with the provision
719  omitted, unless omission would frustrate the intent of the parties,
720  in which case this Agreement will immediately terminate.
721
722  12. INTEGRATION. This Agreement is the entire agreement between
723  you and Oracle relating to its subject matter. It supersedes all
724  prior or contemporaneous oral or written communications, proposals,
725  representations and warranties and prevails over any conflicting
726  or additional terms of any quote, order, acknowledgment, or other
727  communication between the parties relating to its subject matter during
728  the term of this Agreement. No modification of this Agreement will be
729  binding, unless in writing and signed by an authorized representative
730  of each party.
731
732  SUPPLEMENTAL LICENSE TERMS
733
734  These Supplemental License Terms add to or modify the terms of the
735  Binary Code License Agreement. Capitalized terms not defined in these
736  Supplemental Terms shall have the same meanings ascribed to them in
737  the Binary Code License Agreement. These Supplemental Terms shall
738  supersede any inconsistent or conflicting terms in the Binary Code
739  License Agreement, or in any license contained within the Software.
740
741  A. COMMERCIAL FEATURES. You may not use the Commercial Features
742  for running Programs, Java applets or applications in your internal
743  business operations or for any commercial or production purpose, or
744  for any purpose other than as set forth in Sections B, C, D and E of
745  these Supplemental Terms. If You want to use the Commercial Features
746  for any purpose other than as permitted in this Agreement, You must
747  obtain a separate license from Oracle.
748
749  B. SOFTWARE INTERNAL USE FOR DEVELOPMENT LICENSE GRANT. Subject to the
750  terms and conditions of this Agreement and restrictions and exceptions
751  set forth in the README File incorporated herein by reference,
752  including, but not limited to the Java Technology Restrictions of these
753  Supplemental Terms, Oracle grants you a non-exclusive, non-transferable,
754  limited license without fees to reproduce internally and use internally
755  the Software complete and unmodified for the purpose of designing,
756  developing, and testing your Programs.
757
758  C. LICENSE TO DISTRIBUTE SOFTWARE. Subject to the terms and conditions
759  of this Agreement and restrictions and exceptions set forth in
760  the README File, including, but not limited to the Java Technology
761  Restrictions and Limitations on Redistribution of these Supplemental
762  Terms, Oracle grants you a non-exclusive, non-transferable, limited
763  license without fees to reproduce and distribute the Software, provided
764  that (i) you distribute the Software complete and unmodified and only
765  bundled as part of, and for the sole purpose of running, your Programs,
766  (ii) the Programs add significant and primary functionality to the
767  Software, (iii) you do not distribute additional software intended to
768  replace any component(s) of the Software, (iv) you do not remove or
769  alter any proprietary legends or notices contained in the Software, (v)
770  you only distribute the Software subject to a license agreement that:
771  (a) is a complete, unmodified reproduction of this Agreement; or (b)
772  protects Oracle's interests consistent with the terms contained in
773  this Agreement and that includes the notice set forth in Section H,
774  and (vi) you agree to defend and indemnify Oracle and its licensors
775  from and against any damages, costs, liabilities, settlement amounts
776  and/or expenses (including attorneys' fees) incurred in connection
777  with any claim, lawsuit or action by any third party that arises or
778  results from the use or distribution of any and all Programs and/or
779  Software. The license set forth in this Section C does not extend to
780  the Software identified in Section G.
781
782  D. LICENSE TO DISTRIBUTE REDISTRIBUTABLES. Subject to the terms
783  and conditions of this Agreement and restrictions and exceptions
784  set forth in the README File, including but not limited to the
785  Java Technology Restrictions and Limitations on Redistribution
786  of these Supplemental Terms, Oracle grants you a non-exclusive,
787  non-transferable, limited license without fees to reproduce and
788  distribute those files specifically identified as redistributable in
789  the README File ("Redistributables") provided that: (i) you distribute
790  the Redistributables complete and unmodified, and only bundled as part
791  of Programs, (ii) the Programs add significant and primary functionality
792  to the Redistributables, (iii) you do not distribute additional software
793  intended to supersede any component(s) of the Redistributables (unless
794  otherwise specified in the applicable README File), (iv) you do not
795  remove or alter any proprietary legends or notices contained in or on
796  the Redistributables, (v) you only distribute the Redistributables
797  pursuant to a license agreement that: (a) is a complete, unmodified
798  reproduction of this Agreement; or (b) protects Oracle's interests
799  consistent with the terms contained in the Agreement and includes
800  the notice set forth in Section H, (vi) you agree to defend and
801  indemnify Oracle and its licensors from and against any damages, costs,
802  liabilities, settlement amounts and/or expenses (including attorneys'
803  fees) incurred in connection with any claim, lawsuit or action by any
804  third party that arises or results from the use or distribution of
805  any and all Programs and/or Software. The license set forth in this
806  Section D does not extend to the Software identified in Section G.
807
808  E. DISTRIBUTION BY PUBLISHERS. This section pertains to your
809  distribution of the JavaTM SE Development Kit Software ("JDK") with
810  your printed book or magazine (as those terms are commonly used in
811  the industry) relating to Java technology ("Publication"). Subject
812  to and conditioned upon your compliance with the restrictions and
813  obligations contained in the Agreement, Oracle hereby grants to you a
814  non-exclusive, nontransferable limited right to reproduce complete and
815  unmodified copies of the JDK on electronic media (the "Media") for the
816  sole purpose of inclusion and distribution with your Publication(s),
817  subject to the following terms: (i) You may not distribute the JDK on
818  a stand-alone basis; it must be distributed with your Publication(s);
819  (ii) You are responsible for downloading the JDK from the applicable
820  Oracle web site; (iii) You must refer to the JDK as JavaTM SE
821  Development Kit; (iv) The JDK must be reproduced in its entirety and
822  without any modification whatsoever (including with respect to all
823  proprietary notices) and distributed with your Publication subject to
824  a license agreement that is a complete, unmodified reproduction of this
825  Agreement; (v) The Media label shall include the following information:
826  "Copyright [YEAR], Oracle America, Inc. All rights reserved. Use is
827  subject to license terms. ORACLE and JAVA trademarks and all ORACLE-
828  and JAVA-related trademarks, service marks, logos and other brand
829  designations are trademarks or registered trademarks of Oracle in the
830  U.S. and other countries." [YEAR] is the year of Oracle's release of the
831  Software; the year information can typically be found in the Software's
832  "About" box or screen. This information must be placed on the Media
833  label in such a manner as to only apply to the JDK; (vi) You must
834  clearly identify the JDK as Oracle's product on the Media holder or
835  Media label, and you may not state or imply that Oracle is responsible
836  for any third-party software contained on the Media; (vii) You may not
837  include any third party software on the Media which is intended to be
838  a replacement or substitute for the JDK; (viii) You agree to defend and
839  indemnify Oracle and its licensors from and against any damages, costs,
840  liabilities, settlement amounts and/or expenses (including attorneys'
841  fees) incurred in connection with any claim, lawsuit or action by any
842  third party that arises or results from the use or distribution of the
843  JDK and/or the Publication; ; and (ix) You shall provide Oracle with
844  a written notice for each Publication; such notice shall include the
845  following information: (1) title of Publication, (2) author(s), (3)
846  date of Publication, and (4) ISBN or ISSN numbers. Such notice shall
847  be sent to Oracle America, Inc., 500 Oracle Parkway, Redwood Shores,
848  California 94065 U.S.A , Attention: General Counsel.
849
850  F. JAVA TECHNOLOGY RESTRICTIONS. You may not create, modify, or change
851  the behavior of, or authorize your licensees to create, modify, or
852  change the behavior of, classes, interfaces, or subpackages that are
853  in any way identified as "java", "javax", "sun", "oracle" or similar
854  convention as specified by Oracle in any naming convention designation.
855
856  G. LIMITATIONS ON REDISTRIBUTION. You may not redistribute or otherwise
857  transfer patches, bug fixes or updates made available by Oracle through
858  Oracle Premier Support, including those made available under Oracle's
859  Java SE Support program.
860
861  H. COMMERCIAL FEATURES NOTICE. For purpose of complying with
862  Supplemental Term Section C.(v)(b) and D.(v)(b), your license agreement
863  shall include the following notice, where the notice is displayed in
864  a manner that anyone using the Software will see the notice:
865
866  Use of the Commercial Features for any commercial or production
867  purpose requires a separate license from Oracle. "Commercial Features"
868  means those features identified Table 1-1 (Commercial Features In
869  Java SE Product Editions) of the Java SE documentation accessible at
870  http://www.oracle.com/technetwork/java/javase/documentation/index.html
871
872
873
874  I. SOURCE CODE. Software may contain source code that, unless expressly
875  licensed for other purposes, is provided solely for reference purposes
876  pursuant to the terms of this Agreement. Source code may not be
877  redistributed unless expressly provided for in this Agreement.
878
879  J. THIRD PARTY CODE. Additional copyright notices and
880  license terms applicable to portions of the Software are
881  set forth in the THIRDPARTYLICENSEREADME file accessible at
882  http://www.oracle.com/technetwork/java/javase/documentation/index.html.
883  In addition to any terms and conditions of any third party
884  opensource/freeware license identified in the THIRDPARTYLICENSEREADME
885  file, the disclaimer of warranty and limitation of liability provisions
886  in paragraphs 4 and 5 of the Binary Code License Agreement shall apply
887  to all Software in this distribution.
888
889  K. TERMINATION FOR INFRINGEMENT. Either party may terminate this
890  Agreement immediately should any Software become, or in either party's
891  opinion be likely to become, the subject of a claim of infringement
892  of any intellectual property right.
893
894  L. INSTALLATION AND AUTO-UPDATE. The Software's installation and
895  auto-update processes transmit a limited amount of data to Oracle (or
896  its service provider) about those specific processes to help Oracle
897  understand and optimize them. Oracle does not associate the data with
898  personally identifiable information. You can find more information
899  about the data Oracle collects as a result of your Software download at
900  http://www.oracle.com/technetwork/java/javase/documentation/index.html.
901
902  For inquiries please contact: Oracle America, Inc., 500 Oracle Parkway,
903
904  Redwood Shores, California 94065, USA.
905
906  Last updated 02 April 2013
907---
908