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Software License Agreement
Apache License
Version 2.0, January 2004
http://www.apache.org/licenses/
READ THIS AGREEMENT CAREFULLY, WHICH CONSITUTES A LEGALLY BINIDNG AGREEMENT AND
GOVERNS YOUR USE OF THE ELASTICSEARCH SOFTWARE. BY DOWNLOADING, INSTALLING
AND/OR USING THE ELASTICSEARCH SOFTWARE, YOU ARE INDICATING THAT YOU AGREE TO
THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. IF YOU DO NOT AGREE WITH
SUCH TERMS AND CONDITIONS, YOU MAY NOT DOWNLOAD, INSTALL OR USE THE
ELASTICSEARCH SOFTWARE, AND YOU MAY RETURN THE ELASTICSEARCH SOFTWARE FOR A
REFUND OF ANY LICENSE FEES YOU HAVE PAID, PROVIDED THAT YOU HAVE NOT INSTALLED
OR USED SUCH ELASTICSEARCH SOFTWARE.
TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
This Software License Agreement (this “Agreement") is entered into by and
between the applicable Elasticsearch entity referred to in Attachment 1 below
(“Elasticsearch”) and the person or entity (“You”) that has downloaded the
Elasticsearch software to which this Agreement is attached
(“Elasticsearch Software”), and is effective as of the date you download the
Elasticsearch Software (the “Effective Date”).
1. Definitions.
"License" shall mean the terms and conditions for use, reproduction,
and distribution as defined by Sections 1 through 9 of this document.
1. Software License and Restrictions
"Licensor" shall mean the copyright owner or entity authorized by
the copyright owner that is granting the License.
1.1. License Grants. Subject to the terms and conditions of this Agreement and
complete payment of any and all applicable license fees (provided that no
license fee shall be required for use of the Elasticsearch Software for purely
development purposes), Elasticsearch agrees to grant, and does hereby grant to
You during the term and for the restricted scope of this Agreement, solely for
Your internal business operations, a limited, non-exclusive, non-transferable
right and license (without the right to grant or authorize sublicenses) to: (i)
install and use the object code version of the Elasticsearch Software, subject
to any applicable quantitative limitations set forth in any order form executed
by Elasticsearch and You (“Order Form”); (ii) use, and distribute internally a
reasonable number of copies of the documentation, if any, provided with the
Elasticsearch Software (“Documentation”), provided that You must include on such
copies all Elasticsearch trademarks, trade names, logos and notices present on
the Documentation as originally provided to You by Elasticsearch; (iii) permit
third party contractors performing services on Your behalf to use the
Elasticsearch Software and Documentation as set forth in (i) and (ii) above,
provided that such use must be solely for Your benefit, and You shall be
responsible for all acts and omissions of such contractors in connection with
their use of the Elasticsearch Software.
"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.
1.2. Reservation of Rights; Restrictions. As between Elasticsearch and You,
Elasticsearch owns all right title and interest in and to the Elasticsearch
Software and any derivative works thereof, and except as expressly set forth in
Section 1.1 above, no other license to the Elasticsearch Software is granted to
You by implication, estoppel or otherwise. You agree not to: (i) prepare
derivative works from, modify, copy or use the Elasticsearch Software in any
manner except as expressly permitted in this Agreement or applicable law; (ii)
transfer, sell, rent, lease, distribute, sublicense, loan or otherwise transfer
the Elasticsearch Software in whole or in part to any third party; (iii) use the
Elasticsearch Software for providing time-sharing services, any software-
as-a-service offering (“SaaS”), service bureau services or as part of an
application services provider or other service offering; (iv) alter or remove
any proprietary notices in the Elasticsearch Software; or (v) make available to
any third party any analysis of the results of operation of the Elasticsearch
Software, including benchmarking results, without the prior written consent of
Elasticsearch.
"You" (or "Your") shall mean an individual or Legal Entity
exercising permissions granted by this License.
2. Term and Termination
"Source" form shall mean the preferred form for making modifications,
including but not limited to software source code, documentation
source, and configuration files.
2.1 Term. This Agreement shall commence on the Effective Date, and shall
continue in force for the license term set forth in the applicable Order Form,
unless earlier terminated under Section 2.2 below.
"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.
2.2 Termination. Either party may, upon written notice to the other party,
terminate this Agreement for material breach by the other party automatically
and without any other formality, if such party has failed to cure such material
breach within thirty (30) days of receiving written notice of such material
breach from the non-breaching party. Notwithstanding the foregoing, this
Agreement shall automatically terminate in the event that You intentionally
breach the scope of the license granted in Section 1.1 of this Agreement.
"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).
2.3 Post Termination or Expiration. Upon termination or expiration of this
Agreement, for any reason, You shall promptly cease the use of the Elasticsearch
Software and Documentation and destroy (and certify to Elasticsearch in writing
the fact of such destruction), or return to Elasticsearch, all copies of the
Elasticsearch Software and Documentation then in Your possession or under Your
control.
"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.
2.4 Survival.
"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."
Sections 2.3, 3, 4 and 5, as well as any payment obligations under this
Agreement and/or the Order Form, shall survive any termination or expiration of
this Agreement.
"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.
3. Disclaimer of Warranties
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.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE ELASTICSEARCH SOFTWARE
IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, AND ELASTICSEARCH AND ITS
LICENSORS MAKE NO WARRANTIES WHETHER EXPRESSED, IMPLIED OR STATUTORY REGARDING
OR RELATING TO THE ELASTICSEARCH SOFTWARE OR DOCUMENTATION. TO THE MAXIMUM
EXTENT PERMITTED UNDER APPLICABLE LAW, ELASTICSEARCH AND ITS LICENSORS
SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGMENT WITH RESPECT TO THE ELASTICSEARCH
SOFTWARE AND DOCUMENTATION, AND WITH RESPECT TO THE USE OF THE FOREGOING.
FURTHER, ELASTICSEARCH DOES NOT WARRANT RESULTS OF USE OR THAT THE ELASTICSEARCH
SOFTWARE WILL BE ERROR FREE OR THAT THE USE OF THE ELASTICSEARCH SOFTWARE WILL
BE UNINTERRUPTED.
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.
4. Limitation of Liability
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:
4.1. Disclaimer of Certain Damages. IN NO EVENT SHALL YOU OR ELASTICSEARCH OR
ITS LICENSORS BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS
INTERRUPTION, LOSS OF DATA, COST OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY
INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION
WITH OR ARISING OUT OF THE USE OR INABILITY TO USE THE ELASTICSEARCH SOFTWARE,
OR THE PERFORMANCE OF OR FAILURE TO PERFORM THIS AGREEMENT, WHETHER ALLEGED AS A
BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN IF THE
RESPONSIBLE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE
LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 4.1 SHALL NOT APPLY TO A
BREACH THROUGH GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT BY YOU OF THE SCOPE OF
THE LICENSE GRANTED IN SECTION 1.1 OR TO ANY OTHER LIABILITY THAT CANNOT BE
EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
(a) You must give any other recipients of the Work or
Derivative Works a copy of this License; and
4.2. Damages Cap. IN NO EVENT SHALL ELASTICSEARCH’S OR ITS LICENSORS’ AGGREGATE,
CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNTS YOU WERE REQUIRED
TO PAY ELASTICSEARCH IN RELATION TO THIS AGREEMENT FOR THE ELASTICSEARCH
SOFTWARE GIVING RISE TO SUCH LIABILITY, IN THE TWELVE (12) MONTHS IMMEDIATELY
PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
(b) You must cause any modified files to carry prominent notices
stating that You changed the files; and
4.3. YOU AGREE THAT THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS ARE A
REASONABLE ALLOCATION OF THE RISK BETWEEN THE PARTIES AND WILL APPLY TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS IN ITS
ESSENTIAL PURPOSE.
(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. Miscellaneous
(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.
This Agreement, including Attachment 1 hereto, which is hereby incorporated
herein by this reference, completely and exclusively states the entire agreement
of the parties regarding the subject matter herein, and it supersedes, and its
terms govern, all prior proposals, agreements, or other communications between
the parties, oral or written, regarding such subject matter. For the avoidance
of doubt, the parties hereby expressly acknowledge and agree that if You issue
any purchase order or similar document in connection with its purchase of a
license to the Elasticsearch Software, You will do so only for Your internal,
administrative purposes and not with the intent to provide any contractual
terms. This Agreement may not be modified except by a subsequently dated,
written amendment that expressly amends this Agreement and which is signed on
behalf of Elasticsearch and You, by duly authorized representatives. If any
provision(s) hereof is held unenforceable, this Agreement will continue without
said provision and be interpreted to reflect the original intent of the parties.
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. 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.
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.
ATTACHMENT 1
ADDITIONAL TERMS AND CONDITIONS
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.
A The following additional terms and conditions apply to all Customers with
principal offices in North America:
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.
Applicable Elasticsearch Entity. The entity providing the license is
Elasticsearch, Inc., a Delaware Corporation.
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.
Government Rights. The Elasticsearch Software product is "Commercial Computer
Software," as that term is defined in 48 C.F.R. 2.101, and as the term is used
in 48 C.F.R. Part 12, and is a Commercial Item comprised of "commercial computer
software" and "commercial computer software documentation". If acquired by or
on behalf of a civilian agency, the U.S. Government acquires this commercial
computer software and/or commercial computer software documentation subject to
the terms of this Agreement, as specified in 48 C.F.R. 12.212 (Computer
Software) and 12.211 (Technical Data) of the Federal Acquisition Regulation
("FAR") and its successors. If acquired by or on behalf of any agency within
the Department of Defense ("DOD"), the U.S. Government acquires this commercial
computer software and/or commercial computer software documentation subject to
the terms of the Elasticsearch Software License and Services Agreement as
specified in 48 C.F.R. 227.7202-3 and 48 C.F.R. 227.7202-4 of the DOD FAR
Supplement ("DFARS") and its successors, and consistent with 48 C.F.R. 227.7202.
This U.S. Government Rights clause, consistent with 48 C.F.R. 12.212 and 48
C.F.R. 227.7202 is in lieu of, and supersedes, any other FAR, DFARS, or other
clause or provision that addresses Government rights in computer software,
computer software documentation or technical data related to the Elasticsearch
Software under this Agreement and in any Subcontract under which this commercial
computer software and commercial computer software documentation is acquired or
licensed.
END OF TERMS AND CONDITIONS
Export Control. You acknowledge that the goods, software and technology acquired
from Elasticsearch are subject to U.S. export control laws and regulations,
including but not limited to the International Traffic In Arms Regulations
(“ITAR”) (22 C.F.R. Parts 120-130 (2010)); the Export Administration Regulations
("EAR") (15 C.F.R. Parts 730-774 (2010)); the U.S. antiboycott regulations in
the EAR and U.S. Department of the Treasury regulations; the economic sanctions
regulations and guidelines of the U.S. Department of the Treasury, Office of
Foreign Assets Control, and the USA Patriot Act (Title III of Pub. L. 107-56,
signed into law October 26, 2001), as amended.  You are now and will remain in
the future compliant with all such export control laws and regulations, and will
not export, re-export, otherwise transfer any Elasticsearch goods, software or
technology or disclose any Elasticsearch software or technology to any person
contrary to such laws or regulations.  You acknowledge that remote access to
Elasticsearch Software may in certain circumstances be considered a re-export of
Elasticsearch Software, and accordingly, may not be granted in contravention of
U.S. export control laws and regulations. Governing Law. This Agreement will be
governed by the laws of the State of California, without regard to its conflict
of laws principles. This Agreement shall not be governed by the 1980 UN
Convention on Contracts for the International Sale of Goods. All suits hereunder
will be brought solely in Federal Court for the Northern District of California,
or if that court lacks subject matter jurisdiction, in any California State
Court located in Santa Clara County. The parties hereby irrevocably waive any
and all claims and defenses either might otherwise have in any such action or
proceeding in any of such courts based upon any alleged lack of personal
jurisdiction, improper venue, forum non conveniens or any similar claim or
defense.
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.
B The following additional terms and conditions apply to all Customers with
principal offices outside of North America:
Copyright [yyyy] [name of copyright owner]
(1) Applicable Elasticsearch Entity. The entity providing the license in
(Germany is Elasticsearch Gmbh; in France is Elasticsearch SARL, in the United
(Kingdom is Elasticsearch Ltd, and in all other countries is Elasticsearch BV.
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
(2) Choice of Law. This Agreement shall be governed by and construed in
(accordance with the laws of the State of New York, without reference to or
(application of choice of law rules or principles. Notwithstanding any choice of
(law provision or otherwise, the Uniform Computer Information Transactions Act
(UCITA) and the United Nations Convention on the International Sale of Goods
(shall not apply.
http://www.apache.org/licenses/LICENSE-2.0
(3) Arbitration. Any dispute, claim or controversy arising out of or relating
(to this Agreement or the existence, breach, termination, enforcement,
(interpretation or validity thereof, including the determination of the scope or
(applicability of this agreement to arbitrate, each, a “Dispute”) shall be
(referred to and finally resolved by arbitration under the rules and at the
(location identified below. The arbitral panel shall consist of three 3)
(arbitrators, selected as follows: each party shall appoint one 1) arbitrator;
(and those two 2) arbitrators shall discuss and select a chairman. If the two
(party-appointed arbitrators are unable to agree on the chairman, the chairman
(shall be selected in accordance with the applicable rules of the arbitration
(body. Each arbitrator shall be independent of each of the parties. The
(arbitrators shall have the authority to grant specific performance and to
(allocate between the parties the costs of arbitration including service fees,
(arbitrator fees and all other fees related to the arbitration) in such
(equitable manner as the arbitrators may determine. The prevailing party in any
(arbitration shall be entitled to receive reimbursement of its reasonable
(expenses incurred in connection therewith. Judgment upon the award so rendered
(may be entered in a court having jurisdiction or application may be made to
(such court for judicial acceptance of any award and an order of enforcement, as
(the case may be. Notwithstanding the forgoing, Elasticsearch shall have the
(right to institute an action in a court of proper jurisdiction for preliminary
(injunctive relief pending a final decision by the arbitrator, provided that a
(permanent injunction and damages shall only be awarded by the arbitrator. The
(language to be used in the arbitral proceedings shall be English.
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.
(3.a) In addition, the following terms only apply to Customers with principal
(offices within Europe, the Middle East or Africa EMEA):
Arbitration Rules and Location. Any Dispute shall be referred to and finally
resolved by arbitration under the London Court of International Arbitration
(“LCIA”) Rules (which Rules are deemed to be incorporated by reference into this
clause) on the basis that the governing law is the law of the State of New York,
USA. The seat, or legal place, of arbitration shall be London, England.
(3.b) In addition, the following terms only apply to Customers with principal
(offices within Asia Pacific, Australia & New Zealand:
Arbitration Rules and Location. Any Dispute shall be referred to and finally
resolved by arbitration under the Rules of Conciliation and Arbitration of the
International Chamber of Commerce (“ICC”) in force on the date when the notice
of arbitration is submitted in accordance with such Rules (which Rules are
deemed to be incorporated by reference into this clause) on the basis that the
governing law is the law of the State of New York, USA. The seat, or legal
place, of arbitration shall be Singapore.
(3.c) In addition, the following terms only apply to Customers with principal
(offices within the Americas excluding North America):
Arbitration Rules and Location. Any Dispute shall be referred to and finally
resolved by arbitration under International Dispute Resolution Procedures of the
American Arbitration Association (“AAA”) in force on the date when the notice of
arbitration is submitted in accordance with such Procedures (which Procedures
are deemed to be incorporated by reference into this clause) on the basis that
the governing law is the law of the State of New York, USA. The seat, or legal
place, of arbitration shall be New York, New York, USA.
(4) In addition, for Customers with principal offices within the UK, the
(following new sentence is added to the end of Section 4.1:
Nothing in this Agreement shall have effect so as to limit or exclude a party’s
liability for death or personal injury caused by negligence or for fraud
including fraudulent misrepresentation and this Section 4.1 shall take effect
subject to this provision.
(5) In addition, for Customers with principal offices within France, Sections
1.2, 3 and 4.1 of the Agreement are deleted and replaced with the following new
Sections 1.2, 3 and 4.1: 1.2 Reservation of Rights; Restrictions. Elasticsearch
owns all right title and interest in and to the Elasticsearch Software and any
derivative works thereof, and except as expressly set forth in Section 1.1
above, no other license to the Elasticsearch Software is granted to You by
implication, or otherwise. You agree not to prepare derivative works from,
modify, copy or use the Elasticsearch Software in any manner except as expressly
permitted in this Agreement; provided that You may copy the Elasticsearch
Software for archival purposes, only where such software is provided on a non-
durable medium; and You may decompile the Elasticsearch Software, where
necessary for interoperability purposes and where necessary for the correction
of errors making the software unfit for its intended purpose, if such right is
not reserved by Elasticsearch as editor of the Elasticsearch Software. Pursuant
to article L122-6-1 of the French intellectual property code, Elasticsearch
reserves the right to correct any bugs as necessary for the Elasticsearch
Software to serve its intended purpose. You agree not to: (i) transfer, sell,
rent, lease, distribute, sublicense, loan or otherwise transfer the
Elasticsearch Software in whole or in part to any third party; (ii) use the
Elasticsearch Software for providing time-sharing services, any software-
as-a-service offering (“SaaS”), service bureau services or as part of an
application services provider or other service offering; (iii) alter or remove
any proprietary notices in the Elasticsearch Software; or (iv) make available to
any third party any analysis of the results of operation of the Elasticsearch
Software, including benchmarking results, without the prior written consent of
Elasticsearch.
3. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE ELASTICSEARCH
SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY
KIND, AND ELASTICSEARCH AND ITS LICENSORS MAKE NO WARRANTIES WHETHER
EXPRESSED, IMPLIED OR STATUTORY REGARDING OR RELATING TO THE ELASTICSEARCH
SOFTWARE OR DOCUMENTATION. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE
LAW, ELASTICSEARCH AND ITS LICENSORS SPECIFICALLY DISCLAIM ALL IMPLIED
WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE
ELASTICSEARCH SOFTWARE AND DOCUMENTATION, AND WITH RESPECT TO THE USE OF THE
FOREGOING. FURTHER, ELASTICSEARCH DOES NOT WARRANT RESULTS OF USE OR THAT
THE ELASTICSEARCH SOFTWARE WILL BE ERROR FREE OR THAT THE USE OF THE
ELASTICSEARCH SOFTWARE WILL BE UNINTERRUPTED.
4.1 Disclaimer of Certain Damages.
IN NO EVENT SHALL YOU OR ELASTICSEARCH OR ITS LICENSORS BE LIABLE FOR ANY
LOSS OF PROFITS, LOSS OF USE, BUSINESS
INTERRUPTION, LOSS OF DATA, COST OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY
INDIRECT OR UNFORESEEABLE DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING
OUT OF THE USE OR INABILITY TO USE THE ELASTICSEARCH SOFTWARE, OR THE
PERFORMANCE OF OR FAILURE TO PERFORM THIS AGREEMENT, WHETHER ALLEGED AS A
BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE. THE
LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 4.1 SHALL NOT APPLY TO A
BREACH, THROUGH GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT BY YOU, OF THE
SCOPE OF THE LICENSE GRANTED IN SECTION 1.1, OR IN CASE OF DEATH OR PERSONAL
INJURY.