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| 1 | +Community Edition License Agreement |
| 2 | + |
| 3 | +This Couchbase Community Edition License Agreement between you and |
| 4 | +Couchbase, Inc. governs your use of the community edition of Couchbase's |
| 5 | +software accompanying this agreement, including but not limited to |
| 6 | +Couchbase Server Community Edition, Couchbase Sync Gateway Community |
| 7 | +Edition and Couchbase Lite Community Edition, and any Couchbase services |
| 8 | +or updates for such software, in addition to all versions of Couchbase's |
| 9 | +community software described in Section 1 below (together, the "Community |
| 10 | +Software"). The software license provided through this agreement excludes |
| 11 | +the cross datacenter replication ("XDCR") feature and any other excluded |
| 12 | +features as described in Couchbase documentation. |
| 13 | + |
| 14 | +BY INSTALLING OR OTHERWISE USING THE COMMUNITY SOFTWARE, YOU AGREE TO |
| 15 | +THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ANY TERMS OF THIS |
| 16 | +AGREEMENT, YOU MUST IMMEDIATELY CEASE USING THE COMMUNITY SOFTWARE AND |
| 17 | +UNINSTALL AND DELETE ALL COPIES OF THE COMMUNITY SOFTWARE. |
| 18 | + |
| 19 | +If you are installing or using the Community Software on behalf of an |
| 20 | +organization or are otherwise entering into this agreement on behalf of an |
| 21 | +organization, you represent and warrant that you are authorized to enter |
| 22 | +into this agreement on behalf of your organization. In consideration |
| 23 | +of the rights granted to you in this agreement, you must comply with |
| 24 | +all the terms in this agreement. |
| 25 | + |
| 26 | +1. Application of Agreement. |
| 27 | +If you have installed or used any prior version of the community edition |
| 28 | +of our software under any other license terms, by installing or using |
| 29 | +the version of the Community Software that accompanies this agreement, |
| 30 | +you agree that this agreement replaces those other license terms in |
| 31 | +their entirety and will also govern your use of all prior versions of |
| 32 | +the Community Software. |
| 33 | + |
| 34 | +2. Term and Termination. |
| 35 | +This agreement will continue to apply until (a) you terminate this |
| 36 | +agreement at any time by uninstalling and deleting all copies of the |
| 37 | +Community Software in your possession or control; or (b) we terminate |
| 38 | +this agreement. We may terminate this agreement at any time for any |
| 39 | +reason (including but not limited to your breach of this agreement) |
| 40 | +in our sole discretion by providing you with notice. If we notify |
| 41 | +you of our termination, you must uninstall and delete all copies of |
| 42 | +the Community Software in your possession or control. Upon request, |
| 43 | +you shall provide written certification that you have uninstalled, |
| 44 | +deleted and ceased all usage of the Community Software within five (5) |
| 45 | +business days of our request. If you represent an organization, then |
| 46 | +such certification must be signed by an authorized representative of |
| 47 | +your organization on behalf of your organization. |
| 48 | + |
| 49 | +3. Modification of Agreement. |
| 50 | +We may modify this agreement or replace this agreement with new terms |
| 51 | +from time to time with any update or new version of the Community Software |
| 52 | +or with notice to you. |
| 53 | + |
| 54 | +4. License Grant. |
| 55 | +The Community Software is licensed, not sold, to you. During the term |
| 56 | +of this agreement and subject to your compliance with this agreement, |
| 57 | +we grant you a non-exclusive, non-transferable, non-assignable, |
| 58 | +non-sublicensable, revocable and personal license to install and use the |
| 59 | +Community Software at no charge for your internal business purposes and |
| 60 | +to develop or commercialize products that interact with the Community |
| 61 | +Software, subject to the restrictions in Section 5 and provided that |
| 62 | +you ensure that users of your products also comply with the applicable |
| 63 | +restrictions in Section 5. |
| 64 | + |
| 65 | +5. License Restrictions. |
| 66 | +This agreement does not grant any rights to our source code or to any |
| 67 | +commercial or enterprise (i.e. non-community) edition of our software or |
| 68 | +services, which are subject to separate terms. In addition to the other |
| 69 | +restrictions and limitations in this agreement, you must not, and you must |
| 70 | +not assist or authorize others to: (a) work around or bypass any technical |
| 71 | +limitations, protections, or security measures used for or contained in |
| 72 | +the Community Software; (b) decompile, reverse engineer, disassemble, |
| 73 | +attempt to derive the source code of, modify, or create derivative works |
| 74 | +of the Community Software (except the extent prohibited by applicable |
| 75 | +law or to the extent permitted by the licensing terms governing use of |
| 76 | +any open source components included with the Community Software); (c) |
| 77 | +use the Community Software in any manner that violates applicable law, |
| 78 | +including but not limited to transferring the Community Software to any |
| 79 | +country or recipient in violation of any sanctions or export control |
| 80 | +laws or regulations, or that infringes, misappropriates or otherwise |
| 81 | +violates any right of any third party; (d) commercialize (other than as |
| 82 | +permitted by Section 4 above) or otherwise distribute, offer, provide, |
| 83 | +share, sell, transfer, license or sublicense the Community Software; (e) |
| 84 | +make any representations or warranties regarding the Community Software; |
| 85 | +(f) use or deploy Couchbase Server Community in clusters comprised of |
| 86 | +more than five (5) node instances of Couchbase Server Community running |
| 87 | +on a server, including a physical server, server blade, virtual machine, |
| 88 | +software container, or cloud server; or (g) use or deploy the Community |
| 89 | +Software to support an application or workload also supported by any |
| 90 | +commercial or enterprise Couchbase offering (including without limitation |
| 91 | +Couchbase Enterprise Edition software or Couchbase Capella). Furthermore, |
| 92 | +this agreement does not grant you any rights to the XDCR functionality |
| 93 | +provided by Couchbase. |
| 94 | + |
| 95 | +6. Verification of Use. |
| 96 | +We may verify that you are using the Community Software in compliance |
| 97 | +with this agreement, including without limitation through technological |
| 98 | +features in the Community Software that may transmit to us data relating |
| 99 | +to your use of the Community Software. Upon our request, you will |
| 100 | +provide us promptly and in any event within five (5) business days with |
| 101 | +system-generated information verifying that your use of the Community |
| 102 | +Software complies with this agreement. If you are found to be using the |
| 103 | +Community Software in breach of this agreement, then without limiting |
| 104 | +any other rights or remedies we may have, you must immediately pay us |
| 105 | +a license fee for such usage of the Community Software that is equal |
| 106 | +to the amount you would have paid if you had licensed the commercial |
| 107 | +or enterprise version Couchbase's software. If you do not comply with |
| 108 | +this agreement and we do not take immediate action, we reserve and do |
| 109 | +not waive the right to take action in the future. |
| 110 | + |
| 111 | +7. Privacy and Data Security. |
| 112 | +Our use of any personal data collected by us under this |
| 113 | +agreement is governed by our privacy policy, currently located at: |
| 114 | +https://www.couchbase.com/privacy-policy/. Your use of the Community |
| 115 | +Software operates as a consent to the practices described in our privacy |
| 116 | +policy. |
| 117 | + |
| 118 | +8. No Support Services. |
| 119 | +Because this is the free community edition of our software, all Community |
| 120 | +Software is provided "as is" without any services or support. We are |
| 121 | +under no obligation to provide or continue to provide the Community |
| 122 | +Software (including any update, upgrade or new version) to you. |
| 123 | + |
| 124 | +9. Disclaimer of Warranties. |
| 125 | +TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (A) USE OF ANY |
| 126 | +COMMUNITY SOFTWARE IS AT YOUR SOLE RISK, INCLUDING THE ENTIRE RISK |
| 127 | +AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT; (B) THE |
| 128 | +COMMUNITY SOFTWARE IS LICENSED TO YOU ON AN "AS IS" AND "AS AVAILABLE" |
| 129 | +BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE DISCLAIM |
| 130 | +ALL WARRANTIES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT |
| 131 | +LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, |
| 132 | +FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AVAILABILITY |
| 133 | +AND NON-INFRINGEMENT; AND (C) WITHOUT LIMITING THE FOREGOING, WE DO NOT |
| 134 | +WARRANT THAT THE COMMUNITY SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT ITS |
| 135 | +OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE |
| 136 | +CORRECTED. NO INFORMATION OR ADVICE GIVEN BY US WILL CREATE ANY WARRANTY. |
| 137 | + |
| 138 | +10. LIMITATION OF LIABILITY. |
| 139 | +TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT WILL WE |
| 140 | +BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES |
| 141 | +WHATSOEVER, OR DAMAGES FOR LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, |
| 142 | +LOSS OF GOODWILL, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, |
| 143 | +ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE COMMUNITY |
| 144 | +SOFTWARE; AND (B) IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL |
| 145 | +LOSS, CLAIMS AND DAMAGES EXCEED THE AMOUNT OF FIFTY DOLLARS (USD 50.00). |
| 146 | +ALL LIMITATIONS AND EXCLUSIONS OF LIABILITY IN THIS AGREEMENT WILL APPLY |
| 147 | +EVEN IF THE ABOVE STATED REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE AND |
| 148 | +REGARDLESS OF THE FORM OR SOURCE OF CLAIM OR LOSS, WHETHER THE CLAIM OR |
| 149 | +LOSS WAS FORESEEABLE, AND WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY |
| 150 | +OF THE CLAIM OR LOSS. |
| 151 | + |
| 152 | +11. Non-Assignment. |
| 153 | +You may not assign or otherwise transfer your rights and obligations under |
| 154 | +this agreement, in whole or in part, without our written consent, and |
| 155 | +any such attempt will be void. We may transfer our rights or obligations |
| 156 | +under this agreement to a third party at our sole discretion. |
| 157 | + |
| 158 | +12. Dispute Resolution. |
| 159 | +If you have any concern or dispute, you must first try to resolve the |
| 160 | +dispute informally by contacting us. If your dispute is not resolved |
| 161 | +within thirty (30) days of submission, any resulting legal actions |
| 162 | +must be resolved through final and binding arbitration. If you reside |
| 163 | +in the Americas, JAMS will administer the arbitration in Santa Clara |
| 164 | +County, California pursuant to its Comprehensive Arbitration Rules |
| 165 | +and Procedures. If you reside in Australia, New Zealand, Japan, the |
| 166 | +People's Republic of China, Hong Kong S.A.R., Macau S.A.R., Taiwan, |
| 167 | +South Korea, India, Sri Lanka, Bangladesh, Nepal, or a member state |
| 168 | +of the Association of Southeast Asian Nations, then the Singapore |
| 169 | +International Arbitration Centre will administer the arbitration in |
| 170 | +Singapore under its Rules of Arbitration, which rules are deemed to be |
| 171 | +incorporated by reference in this section. Otherwise, the London Court |
| 172 | +of International Arbitration (LCIA) will administer the arbitration in |
| 173 | +London under the LCIA Arbitration Rules. You agree to appear in the |
| 174 | +identified and applicable forum stated in this paragraph, and to be |
| 175 | +bound by the results of the arbitration. There will be one arbitrator |
| 176 | +that you and we mutually select. The arbitration will be conducted in |
| 177 | +the English language. Judgment upon the award rendered may be entered |
| 178 | +and will be enforceable in any court of competent jurisdiction having |
| 179 | +jurisdiction over you and us. |
| 180 | + |
| 181 | +13. No Class Actions; Injunctive Relief; Governing Law; Severability. |
| 182 | +You may only resolve disputes with us on an individual basis, and you |
| 183 | +may not bring a claim as a plaintiff or a class member in a class, |
| 184 | +consolidated, or representative action. Notwithstanding anything else |
| 185 | +in this agreement, if you use the Community Software in violation of |
| 186 | +this agreement, we are entitled to apply for injunctive remedies (or |
| 187 | +an equivalent type of urgent legal relief) in any jurisdiction. This |
| 188 | +agreement will be governed by and construed in accordance with the |
| 189 | +substantive laws of the State of California. By using the Community |
| 190 | +Software you represent that you will comply with, and acknowledge that |
| 191 | +the software and any related technology or documentation is subject |
| 192 | +to, U.S. sanctions and export control laws and regulations. If any |
| 193 | +part of this agreement is held invalid, the remainder of the agreement |
| 194 | +will continue in full force and effect. If you have other rights not |
| 195 | +described in this agreement, including consumer rights, under the laws |
| 196 | +of your state or country, this agreement does not change those other |
| 197 | +rights if the laws of your state or country do not permit it to do so. |
| 198 | + |
| 199 | +Community Edition License Agreement (May 2024) |
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