TUN-5768: Update cloudflared license file
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LICENSE
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LICENSE
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SERVICES AGREEMENT
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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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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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TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
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1. GRANT OF RIGHTS
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1. Definitions.
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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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"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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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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"Licensor" shall mean the copyright owner or entity authorized by
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the copyright owner that is granting the License.
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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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"Legal Entity" shall mean the union of the acting entity and all
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other entities that control, are controlled by, or are under common
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control with that entity. For the purposes of this definition,
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"control" means (i) the power, direct or indirect, to cause the
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direction or management of such entity, whether by contract or
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otherwise, or (ii) ownership of fifty percent (50%) or more of the
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outstanding shares, or (iii) beneficial ownership of such entity.
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2. LIMITATION OF LIABILITY
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"You" (or "Your") shall mean an individual or Legal Entity
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exercising permissions granted by this License.
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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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"Source" form shall mean the preferred form for making modifications,
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including but not limited to software source code, documentation
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source, and configuration files.
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3. CONFIDENTIALITY
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"Object" form shall mean any form resulting from mechanical
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transformation or translation of a Source form, including but
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not limited to compiled object code, generated documentation,
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and conversions to other media types.
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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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"Work" shall mean the work of authorship, whether in Source or
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Object form, made available under the License, as indicated by a
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copyright notice that is included in or attached to the work
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(an example is provided in the Appendix below).
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4. TERM AND TERMINATION
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"Derivative Works" shall mean any work, whether in Source or Object
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form, that is based on (or derived from) the Work and for which the
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editorial revisions, annotations, elaborations, or other modifications
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represent, as a whole, an original work of authorship. For the purposes
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of this License, Derivative Works shall not include works that remain
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separable from, or merely link (or bind by name) to the interfaces of,
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the Work and Derivative Works thereof.
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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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"Contribution" shall mean any work of authorship, including
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the original version of the Work and any modifications or additions
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to that Work or Derivative Works thereof, that is intentionally
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submitted to Licensor for inclusion in the Work by the copyright owner
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or by an individual or Legal Entity authorized to submit on behalf of
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the copyright owner. For the purposes of this definition, "submitted"
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means any form of electronic, verbal, or written communication sent
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to the Licensor or its representatives, including but not limited to
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communication on electronic mailing lists, source code control systems,
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and issue tracking systems that are managed by, or on behalf of, the
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Licensor for the purpose of discussing and improving the Work, but
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excluding communication that is conspicuously marked or otherwise
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designated in writing by the copyright owner as "Not a Contribution."
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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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"Contributor" shall mean Licensor and any individual or Legal Entity
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on behalf of whom a Contribution has been received by Licensor and
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subsequently incorporated within the Work.
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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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2. Grant of Copyright License. Subject to the terms and conditions of
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this License, each Contributor hereby grants to You a perpetual,
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worldwide, non-exclusive, no-charge, royalty-free, irrevocable
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copyright license to reproduce, prepare Derivative Works of,
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publicly display, publicly perform, sublicense, and distribute the
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Work and such Derivative Works in Source or Object form.
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5. MISCELLANEOUS
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3. Grant of Patent License. Subject to the terms and conditions of
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this License, each Contributor hereby grants to You a perpetual,
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worldwide, non-exclusive, no-charge, royalty-free, irrevocable
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(except as stated in this section) patent license to make, have made,
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use, offer to sell, sell, import, and otherwise transfer the Work,
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where such license applies only to those patent claims licensable
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by such Contributor that are necessarily infringed by their
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Contribution(s) alone or by combination of their Contribution(s)
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with the Work to which such Contribution(s) was submitted. If You
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institute patent litigation against any entity (including a
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cross-claim or counterclaim in a lawsuit) alleging that the Work
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or a Contribution incorporated within the Work constitutes direct
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or contributory patent infringement, then any patent licenses
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granted to You under this License for that Work shall terminate
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as of the date such litigation is filed.
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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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4. Redistribution. You may reproduce and distribute copies of the
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Work or Derivative Works thereof in any medium, with or without
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modifications, and in Source or Object form, provided that You
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meet the following conditions:
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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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(a) You must give any other recipients of the Work or
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Derivative Works a copy of this License; and
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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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(b) You must cause any modified files to carry prominent notices
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stating that You changed the files; and
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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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(c) You must retain, in the Source form of any Derivative Works
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that You distribute, all copyright, patent, trademark, and
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attribution notices from the Source form of the Work,
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excluding those notices that do not pertain to any part of
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the Derivative Works; and
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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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(d) If the Work includes a "NOTICE" text file as part of its
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distribution, then any Derivative Works that You distribute must
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include a readable copy of the attribution notices contained
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within such NOTICE file, excluding those notices that do not
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pertain to any part of the Derivative Works, in at least one
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of the following places: within a NOTICE text file distributed
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as part of the Derivative Works; within the Source form or
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documentation, if provided along with the Derivative Works; or,
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within a display generated by the Derivative Works, if and
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wherever such third-party notices normally appear. The contents
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of the NOTICE file are for informational purposes only and
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do not modify the License. You may add Your own attribution
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notices within Derivative Works that You distribute, alongside
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or as an addendum to the NOTICE text from the Work, provided
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that such additional attribution notices cannot be construed
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as modifying the License.
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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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You may add Your own copyright statement to Your modifications and
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may provide additional or different license terms and conditions
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for use, reproduction, or distribution of Your modifications, or
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for any such Derivative Works as a whole, provided Your use,
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reproduction, and distribution of the Work otherwise complies with
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the conditions stated in this License.
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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. Submission of Contributions. Unless You explicitly state otherwise,
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any Contribution intentionally submitted for inclusion in the Work
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by You to the Licensor shall be under the terms and conditions of
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this License, without any additional terms or conditions.
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Notwithstanding the above, nothing herein shall supersede or modify
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the terms of any separate license agreement you may have executed
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with Licensor regarding such Contributions.
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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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6. Trademarks. This License does not grant permission to use the trade
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names, trademarks, service marks, or product names of the Licensor,
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except as required for reasonable and customary use in describing the
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origin of the Work and reproducing the content of the NOTICE file.
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7. Disclaimer of Warranty. Unless required by applicable law or
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agreed to in writing, Licensor provides the Work (and each
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Contributor provides its Contributions) on an "AS IS" BASIS,
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WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or
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implied, including, without limitation, any warranties or conditions
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of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A
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PARTICULAR PURPOSE. You are solely responsible for determining the
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appropriateness of using or redistributing the Work and assume any
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risks associated with Your exercise of permissions under this License.
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8. Limitation of Liability. In no event and under no legal theory,
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whether in tort (including negligence), contract, or otherwise,
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unless required by applicable law (such as deliberate and grossly
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negligent acts) or agreed to in writing, shall any Contributor be
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liable to You for damages, including any direct, indirect, special,
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incidental, or consequential damages of any character arising as a
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result of this License or out of the use or inability to use the
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Work (including but not limited to damages for loss of goodwill,
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work stoppage, computer failure or malfunction, or any and all
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||||
other commercial damages or losses), even if such Contributor
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has been advised of the possibility of such damages.
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9. Accepting Warranty or Additional Liability. While redistributing
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the Work or Derivative Works thereof, You may choose to offer,
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and charge a fee for, acceptance of support, warranty, indemnity,
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||||
or other liability obligations and/or rights consistent with this
|
||||
License. However, in accepting such obligations, You may act only
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on Your own behalf and on Your sole responsibility, not on behalf
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||||
of any other Contributor, and only if You agree to indemnify,
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defend, and hold each Contributor harmless for any liability
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incurred by, or claims asserted against, such Contributor by reason
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of your accepting any such warranty or additional liability.
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END OF TERMS AND CONDITIONS
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APPENDIX: How to apply the Apache License to your work.
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To apply the Apache License to your work, attach the following
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boilerplate notice, with the fields enclosed by brackets "[]"
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replaced with your own identifying information. (Don't include
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the brackets!) The text should be enclosed in the appropriate
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||||
comment syntax for the file format. We also recommend that a
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||||
file or class name and description of purpose be included on the
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||||
same "printed page" as the copyright notice for easier
|
||||
identification within third-party archives.
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Copyright [yyyy] [name of copyright owner]
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Licensed under the Apache License, Version 2.0 (the "License");
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you may not use this file except in compliance with the License.
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You may obtain a copy of the License at
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http://www.apache.org/licenses/LICENSE-2.0
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||||
Unless required by applicable law or agreed to in writing, software
|
||||
distributed under the License is distributed on an "AS IS" BASIS,
|
||||
WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.
|
||||
See the License for the specific language governing permissions and
|
||||
limitations under the License.
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## Runtime Library Exception to the Apache 2.0 License: ##
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As an exception, if you use this Software to compile your source code and
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||||
portions of this Software are embedded into the binary product as a result,
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you may redistribute such product without providing attribution as would
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||||
otherwise be required by Sections 4(a), 4(b) and 4(d) of the License.
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