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LICENSE
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MIT License
Copyright (c) 2021 Damien MATHIEU
Permission is hereby granted, free of charge, to any person obtaining a copy
of this software and associated documentation files (the "Software"), to deal
in the Software without restriction, including without limitation the rights
to use, copy, modify, merge, publish, distribute, sublicense, and/or sell
copies of the Software, and to permit persons to whom the Software is
furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all
copies or substantial portions of 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.
---
Confluent Community License Agreement
Version 1.0
This Confluent Community License Agreement Version 1.0 (the ÒAgreementÓ) sets
forth the terms on which Confluent, Inc. (ÒConfluentÓ) makes available certain
software made available by Confluent under this Agreement (the ÒSoftwareÓ). BY
INSTALLING, DOWNLOADING, ACCESSING, USING OR DISTRIBUTING ANY OF THE SOFTWARE,
YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO
SUCH TERMS AND CONDITIONS, YOU MUST NOT USE THE SOFTWARE. IF YOU ARE RECEIVING
THE SOFTWARE ON BEHALF OF A LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU
HAVE THE ACTUAL AUTHORITY TO AGREE TO THE TERMS AND CONDITIONS OF THIS
AGREEMENT ON BEHALF OF SUCH ENTITY. ÒLicenseeÓ means you, an individual, or
the entity on whose behalf you are receiving the Software.
1. LICENSE GRANT AND CONDITIONS.
1.1 License. Subject to the terms and conditions of this Agreement,
Confluent hereby grants to Licensee a non-exclusive, royalty-free,
worldwide, non-transferable, non-sublicenseable license during the term
of this Agreement to: (a) use the Software; (b) prepare modifications and
derivative works of the Software; (c) distribute the Software (including
without limitation in source code or object code form); and (d) reproduce
copies of the Software (the ÒLicenseÓ). Licensee is not granted the
right to, and Licensee shall not, exercise the License for an Excluded
Purpose. For purposes of this Agreement, ÒExcluded PurposeÓ means making
available any software-as-a-service, platform-as-a-service,
infrastructure-as-a-service or other similar online service that competes
with Confluent products or services that provide the Software.
1.2 Conditions. In consideration of the License, LicenseeÕs distribution
of the Software is subject to the following conditions:
(a) Licensee must cause any Software modified by Licensee to carry
prominent notices stating that Licensee modified the Software.
(b) On each Software copy, Licensee shall reproduce and not remove or
alter all Confluent or third party copyright or other proprietary
notices contained in the Software, and Licensee must provide the
notice below with each copy.
ÒThis software is made available by Confluent, Inc., under the
terms of the Confluent Community License Agreement, Version 1.0
located at http://www.confluent.io/confluent-community-license. BY
INSTALLING, DOWNLOADING, ACCESSING, USING OR DISTRIBUTING ANY OF
THE SOFTWARE, YOU AGREE TO THE TERMS OF SUCH LICENSE AGREEMENT.Ó
1.3 Licensee Modifications. Licensee may add its own copyright notices
to modifications made by Licensee and may provide additional or different
license terms and conditions for use, reproduction, or distribution of
LicenseeÕs modifications. While redistributing the Software or
modifications thereof, Licensee may choose to offer, for a fee or free of
charge, support, warranty, indemnity, or other obligations. Licensee, and
not Confluent, will be responsible for any such obligations.
1.4 No Sublicensing. The License does not include the right to
sublicense the Software, however, each recipient to which Licensee
provides the Software may exercise the Licenses so long as such recipient
agrees to the terms and conditions of this Agreement.
2. TERM AND TERMINATION. This Agreement will continue unless and until
earlier terminated as set forth herein. If Licensee breaches any of its
conditions or obligations under this Agreement, this Agreement will
terminate automatically and the License will terminate automatically and
permanently.
3. INTELLECTUAL PROPERTY. As between the parties, Confluent will retain all
right, title, and interest in the Software, and all intellectual property
rights therein. Confluent hereby reserves all rights not expressly granted
to Licensee in this Agreement. Confluent hereby reserves all rights in its
trademarks and service marks, and no licenses therein are granted in this
Agreement.
4. DISCLAIMER. CONFLUENT HEREBY DISCLAIMS ANY AND ALL WARRANTIES AND
CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND SPECIFICALLY
DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, WITH RESPECT TO THE SOFTWARE.
5. LIMITATION OF LIABILITY. CONFLUENT WILL NOT BE LIABLE FOR ANY DAMAGES OF
ANY KIND, INCLUDING BUT NOT LIMITED TO, LOST PROFITS OR ANY CONSEQUENTIAL,
SPECIAL, INCIDENTAL, INDIRECT, OR DIRECT DAMAGES, HOWEVER CAUSED AND ON ANY
THEORY OF LIABILITY, ARISING OUT OF THIS AGREEMENT. THE FOREGOING SHALL
APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
6.GENERAL.
6.1 Governing Law. This Agreement will be governed by and interpreted in
accordance with the laws of the state of California, without reference to
its conflict of laws principles. If Licensee is located within the
United States, all disputes arising out of this Agreement are subject to
the exclusive jurisdiction of courts located in Santa Clara County,
California. USA. If Licensee is located outside of the United States,
any dispute, controversy or claim arising out of or relating to this
Agreement will be referred to and finally determined by arbitration in
accordance with the JAMS International Arbitration Rules. The tribunal
will consist of one arbitrator. The place of arbitration will be Palo
Alto, California. The language to be used in the arbitral proceedings
will be English. Judgment upon the award rendered by the arbitrator may
be entered in any court having jurisdiction thereof.
6.2 Assignment. Licensee is not authorized to assign its rights under
this Agreement to any third party. Confluent may freely assign its rights
under this Agreement to any third party.
6.3 Other. This Agreement is the entire agreement between the parties
regarding the subject matter hereof. No amendment or modification of
this Agreement will be valid or binding upon the parties unless made in
writing and signed by the duly authorized representatives of both
parties. In the event that any provision, including without limitation
any condition, of this Agreement is held to be unenforceable, this
Agreement and all licenses and rights granted hereunder will immediately
terminate. Waiver by Confluent of a breach of any provision of this
Agreement or the failure by Confluent to exercise any right hereunder
will not be construed as a waiver of any subsequent breach of that right
or as a waiver of any other right.