diff --git a/LICENSE b/LICENSE index 436a62ab..7642b8f5 100644 --- a/LICENSE +++ b/LICENSE @@ -1,155 +1,211 @@ -SERVICES AGREEMENT +Apache License +Version 2.0, January 2004 +http://www.apache.org/licenses/ -Your installation of this software is symbol of your signature indicating that -you accept the terms of this Services Agreement (this "Agreement"). This -Agreement is a legal agreement between you (either an individual or a single -entity) and CloudFlare, Inc. for the services being provided to you by -CloudFlare or its authorized representative (the "Services"), including any -computer software and any associated media, printed materials, and "online" or -electronic documentation provided in connection with the Services (the -"Software" and together with the Services are hereinafter collectively referred -to as the "Solution"). If the user is not an individual, then "you" means your -company, its officers, members, employees, agents, representatives, successors -and assigns. BY USING THE SOLUTION, YOU ARE INDICATING THAT YOU HAVE READ, AND -AGREE TO BE BOUND BY, THE POLICIES, TERMS, AND CONDITIONS SET FORTH BELOW IN -THEIR ENTIRETY WITHOUT LIMITATION OR QUALIFICATION, AS WELL AS BY ALL APPLICABLE -LAWS AND REGULATIONS, AS IF YOU HAD HANDWRITTEN YOUR NAME ON A CONTRACT. IF YOU -DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE SOLUTION. +TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION -1. GRANT OF RIGHTS +1. Definitions. -1.1 Grant of License. The Solution is licensed by CloudFlare and its -licensors, not sold. Subject to the terms and conditions of this Agreement, -CloudFlare hereby grants you a nonexclusive, nonsublicensable, nontransferable -license to use the Solution. You may examine source code, if provided to you, -solely for the limited purpose of evaluating the Software for security flaws. -You may also use the Service to create derivative works which are exclusively -compatible with any CloudFlare product serviceand no other product or service. -This license applies to the parts of the Solution developed by CloudFlare. The -Solution may also incorporate externally maintained libraries and other open software. -These resources may be governed by other licenses. +"License" shall mean the terms and conditions for use, reproduction, +and distribution as defined by Sections 1 through 9 of this document. -1.2 Restrictions. The license granted herein is granted solely to you and -not, by implication or otherwise, to any of your parents, subsidiaries or -affiliates. No right is granted hereunder to use the Solution to perform -services for third parties. All rights not expressly granted hereunder are -reserved to CloudFlare. You may not use the Solution except as explicitly -permitted under this Agreement. You are expressly prohibited from modifying, -adapting, translating, preparing derivative works from, decompiling, reverse -engineering, disassembling or otherwise attempting to derive source code from -the Software used to provide the Services or any internal data files generated -by the Solution. You are also prohibited from removing, obscuring or altering -any copyright notice, trademarks, or other proprietary rights notices affixed to -or associated with the Solution. +"Licensor" shall mean the copyright owner or entity authorized by +the copyright owner that is granting the License. -1.3 Ownership. As between the parties, CloudFlare and/or its licensors own -and shall retain all right, title, and interest in and to the Solution, -including any and all technology embodied therein, including all copyrights, -patents, trade secrets, trade dress and other proprietary rights associated -therewith, and any derivative works created there from. +"Legal Entity" shall mean the union of the acting entity and all +other entities that control, are controlled by, or are under common +control with that entity. For the purposes of this definition, +"control" means (i) the power, direct or indirect, to cause the +direction or management of such entity, whether by contract or +otherwise, or (ii) ownership of fifty percent (50%) or more of the +outstanding shares, or (iii) beneficial ownership of such entity. -2. LIMITATION OF LIABILITY +"You" (or "Your") shall mean an individual or Legal Entity +exercising permissions granted by this License. -YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT DOWNLOADING THE SOFTWARE IS AT YOUR -SOLE RISK. THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND -AND CLOUDFLARE, ITS LICENSORS AND ITS AUTHORIZED REPRESENTATIVES (TOGETHER FOR -PURPOSES HEREOF, "CLOUDFLARE") EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR -IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF -MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CLOUDFLARE DOES NOT -WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR -REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR -ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, -CLOUDFLARE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE SOFTWARE -OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, -OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CLOUDFLARE SHALL -CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. +"Source" form shall mean the preferred form for making modifications, +including but not limited to software source code, documentation +source, and configuration files. -3. CONFIDENTIALITY +"Object" form shall mean any form resulting from mechanical +transformation or translation of a Source form, including but +not limited to compiled object code, generated documentation, +and conversions to other media types. -It may be necessary during the set up and performance of the Solution for the -parties to exchange Confidential Information. "Confidential Information" means -any information whether oral, or written, of a private, secret, proprietary or -confidential nature, concerning either party or its business operations, -including without limitation: (a) your data and (b) CloudFlare's access control -systems, specialized network equipment and techniques related to the Solution, -use policies, which include trade secrets of CloudFlare and its licensors. Each -party agrees to use the same degree of care to protect the confidentiality of -the Confidential Information of the other party and to prevent its unauthorized -use or dissemination as it uses to protect its own Confidential Information of a -similar nature, but in no event shall exercise less than due diligence and -reasonable care. Each party agrees to use the Confidential Information of the -other party only for purposes related to the performance of this Agreement. All -Confidential Information remains the property of the party disclosing the -information and no license or other rights to Confidential Information is -granted or implied hereby. +"Work" shall mean the work of authorship, whether in Source or +Object form, made available under the License, as indicated by a +copyright notice that is included in or attached to the work +(an example is provided in the Appendix below). -4. TERM AND TERMINATION +"Derivative Works" shall mean any work, whether in Source or Object +form, that is based on (or derived from) the Work and for which the +editorial revisions, annotations, elaborations, or other modifications +represent, as a whole, an original work of authorship. For the purposes +of this License, Derivative Works shall not include works that remain +separable from, or merely link (or bind by name) to the interfaces of, +the Work and Derivative Works thereof. -4.1 Term. This Agreement shall be effective upon download or install of the -Software. +"Contribution" shall mean any work of authorship, including +the original version of the Work and any modifications or additions +to that Work or Derivative Works thereof, that is intentionally +submitted to Licensor for inclusion in the Work by the copyright owner +or by an individual or Legal Entity authorized to submit on behalf of +the copyright owner. For the purposes of this definition, "submitted" +means any form of electronic, verbal, or written communication sent +to the Licensor or its representatives, including but not limited to +communication on electronic mailing lists, source code control systems, +and issue tracking systems that are managed by, or on behalf of, the +Licensor for the purpose of discussing and improving the Work, but +excluding communication that is conspicuously marked or otherwise +designated in writing by the copyright owner as "Not a Contribution." -4.2 Termination. This Agreement may be terminated by CloudFlare or its -authorized representative by written notice to you if any of the following -events occur: (i) you fail to pay any amounts due for the Services and the -Solution when due and after written notice of such nonpayment has been given to -you; (ii) you are in material breach of any term, condition, or provision of -this Agreement or any other agreement executed by you with CloudFlare or its -authorized representative in connection with the provision of the Solution and -Services (a "Related Agreement"); or (iii) you terminate or suspend your -business, becomes subject to any bankruptcy or insolvency proceeding under -federal or state statutes, or become insolvent or subject to direct control by a -trustee, receiver or similar authority. +"Contributor" shall mean Licensor and any individual or Legal Entity +on behalf of whom a Contribution has been received by Licensor and +subsequently incorporated within the Work. -4.3 Effect of Termination. Upon the termination of this Agreement for any -reason: (1) all license rights granted hereunder shall terminate and (2) all -Confidential Information shall be returned to the disclosing party or destroyed. +2. Grant of Copyright License. Subject to the terms and conditions of +this License, each Contributor hereby grants to You a perpetual, +worldwide, non-exclusive, no-charge, royalty-free, irrevocable +copyright license to reproduce, prepare Derivative Works of, +publicly display, publicly perform, sublicense, and distribute the +Work and such Derivative Works in Source or Object form. -5. MISCELLANEOUS +3. Grant of Patent License. Subject to the terms and conditions of +this License, each Contributor hereby grants to You a perpetual, +worldwide, non-exclusive, no-charge, royalty-free, irrevocable +(except as stated in this section) patent license to make, have made, +use, offer to sell, sell, import, and otherwise transfer the Work, +where such license applies only to those patent claims licensable +by such Contributor that are necessarily infringed by their +Contribution(s) alone or by combination of their Contribution(s) +with the Work to which such Contribution(s) was submitted. If You +institute patent litigation against any entity (including a +cross-claim or counterclaim in a lawsuit) alleging that the Work +or a Contribution incorporated within the Work constitutes direct +or contributory patent infringement, then any patent licenses +granted to You under this License for that Work shall terminate +as of the date such litigation is filed. -5.1 Assignment. You may not assign any of your rights or delegate any of -your obligations under this Agreement, whether by operation of law or otherwise, -without the prior express written consent of CloudFlare or its authorized -representative. Any such assignment without the prior express written consent -of CloudFlare or its authorized representative shall be void. Subject to the -foregoing, this Agreement will bind and inure to the benefit of the parties, -their respective successors and permitted assigns. +4. Redistribution. You may reproduce and distribute copies of the +Work or Derivative Works thereof in any medium, with or without +modifications, and in Source or Object form, provided that You +meet the following conditions: -5.2 Waiver and Amendment. No modification, amendment or waiver of any -provision of this Agreement shall be effective unless in writing and signed by -the party to be charged. No failure or delay by either party in exercising any -right, power, or remedy under this Agreement, except as specifically provided -herein, shall operate as a waiver of any such right, power or remedy. Without -limiting the foregoing, terms and conditions on any purchase orders or similar -materials submitted by you to CloudFlare or its authorized representative shall -be of no force or effect. +(a) You must give any other recipients of the Work or +Derivative Works a copy of this License; and -5.3 Governing Law. This Agreement shall be governed by the laws of the State -of California, USA, excluding conflict of laws and provisions, and excluding the -United Nations Convention on Contracts for the International Sale of Goods. +(b) You must cause any modified files to carry prominent notices +stating that You changed the files; and -5.4 Notices. All notices, demands or consents required or permitted under -this Agreement shall be in writing. Notice shall be sent to you at the e-mail -address provided by you to CloudFlare or its authorized representative in -connection with the Solution. +(c) You must retain, in the Source form of any Derivative Works +that You distribute, all copyright, patent, trademark, and +attribution notices from the Source form of the Work, +excluding those notices that do not pertain to any part of +the Derivative Works; and -5.5 Independent Contractors. The parties are independent contractors. -Neither party shall be deemed to be an employee, agent, partner or legal -representative of the other for any purpose and neither shall have any right, -power or authority to create any obligation or responsibility on behalf of the -other. +(d) If the Work includes a "NOTICE" text file as part of its +distribution, then any Derivative Works that You distribute must +include a readable copy of the attribution notices contained +within such NOTICE file, excluding those notices that do not +pertain to any part of the Derivative Works, in at least one +of the following places: within a NOTICE text file distributed +as part of the Derivative Works; within the Source form or +documentation, if provided along with the Derivative Works; or, +within a display generated by the Derivative Works, if and +wherever such third-party notices normally appear. The contents +of the NOTICE file are for informational purposes only and +do not modify the License. You may add Your own attribution +notices within Derivative Works that You distribute, alongside +or as an addendum to the NOTICE text from the Work, provided +that such additional attribution notices cannot be construed +as modifying the License. -5.6 Severability. If any provision of this Agreement is held by a court of -competent jurisdiction to be contrary to law, such provision shall be changed -and interpreted so as to best accomplish the objectives of the original -provision to the fullest extent allowed by law and the remaining provisions of -this Agreement shall remain in full force and effect. +You may add Your own copyright statement to Your modifications and +may provide additional or different license terms and conditions +for use, reproduction, or distribution of Your modifications, or +for any such Derivative Works as a whole, provided Your use, +reproduction, and distribution of the Work otherwise complies with +the conditions stated in this License. -5.7 Force Majeure. CloudFlare shall not be liable to the other party for any -failure or delay in performance caused by reasons beyond its reasonable control. +5. Submission of Contributions. Unless You explicitly state otherwise, +any Contribution intentionally submitted for inclusion in the Work +by You to the Licensor shall be under the terms and conditions of +this License, without any additional terms or conditions. +Notwithstanding the above, nothing herein shall supersede or modify +the terms of any separate license agreement you may have executed +with Licensor regarding such Contributions. -5.8 Complete Understanding. This Agreement and the Related Agreement -constitute the final, complete and exclusive agreement between the parties with -respect to the subject matter hereof, and supersedes all previous written and -oral agreements and communications related to the subject matter of this -Agreement. To the extent this Agreement and the Related Agreement conflict, -this Agreement shall control. +6. Trademarks. This License does not grant permission to use the trade +names, trademarks, service marks, or product names of the Licensor, +except as required for reasonable and customary use in describing the +origin of the Work and reproducing the content of the NOTICE file. + +7. Disclaimer of Warranty. Unless required by applicable law or +agreed to in writing, Licensor provides the Work (and each +Contributor provides its Contributions) on an "AS IS" BASIS, +WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or +implied, including, without limitation, any warranties or conditions +of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A +PARTICULAR PURPOSE. You are solely responsible for determining the +appropriateness of using or redistributing the Work and assume any +risks associated with Your exercise of permissions under this License. + +8. Limitation of Liability. In no event and under no legal theory, +whether in tort (including negligence), contract, or otherwise, +unless required by applicable law (such as deliberate and grossly +negligent acts) or agreed to in writing, shall any Contributor be +liable to You for damages, including any direct, indirect, special, +incidental, or consequential damages of any character arising as a +result of this License or out of the use or inability to use the +Work (including but not limited to damages for loss of goodwill, +work stoppage, computer failure or malfunction, or any and all +other commercial damages or losses), even if such Contributor +has been advised of the possibility of such damages. + +9. Accepting Warranty or Additional Liability. While redistributing +the Work or Derivative Works thereof, You may choose to offer, +and charge a fee for, acceptance of support, warranty, indemnity, +or other liability obligations and/or rights consistent with this +License. However, in accepting such obligations, You may act only +on Your own behalf and on Your sole responsibility, not on behalf +of any other Contributor, and only if You agree to indemnify, +defend, and hold each Contributor harmless for any liability +incurred by, or claims asserted against, such Contributor by reason +of your accepting any such warranty or additional liability. + +END OF TERMS AND CONDITIONS + +APPENDIX: How to apply the Apache License to your work. + +To apply the Apache License to your work, attach the following +boilerplate notice, with the fields enclosed by brackets "[]" +replaced with your own identifying information. (Don't include +the brackets!) The text should be enclosed in the appropriate +comment syntax for the file format. We also recommend that a +file or class name and description of purpose be included on the +same "printed page" as the copyright notice for easier +identification within third-party archives. + +Copyright [yyyy] [name of copyright owner] + +Licensed under the Apache License, Version 2.0 (the "License"); +you may not use this file except in compliance with the License. +You may obtain a copy of the License at + +http://www.apache.org/licenses/LICENSE-2.0 + +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. + + + +## Runtime Library Exception to the Apache 2.0 License: ## + + +As an exception, if you use this Software to compile your source code and +portions of this Software are embedded into the binary product as a result, +you may redistribute such product without providing attribution as would +otherwise be required by Sections 4(a), 4(b) and 4(d) of the License.