[dev-db/timescaledb] bump to 2.0.0, update license, moved old one to 1.7 suffix
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DIST timescaledb-1.7.4.tar.lzma 854510 BLAKE2B 40094155c225faf20ddeacd064b698f7546f8c01e07fddbd4af7741d7b808540b5e45a0c644ed380f2b3aae674551132785c7b077eb54eb8b24de271e433cf77 SHA512 81be267b0f87a3cd501962dcf5a9f2ca218b4c4ebd4187d8de600fafc42111742b538bbfaf17bb58153683e98300bfc025f980c19f8d2f9c0ba401df1be5988e
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DIST timescaledb-2.0.0.tar.lzma 1114444 BLAKE2B 117fdb655b5c1eba055b27646c5bdb2f8e7a0dbecbc4f62489927362815ab05d890181d247f322b3cba3a77f4a26cefc525e6068dfe51e07a11b058c2a61412c SHA512 dbeecee126bfa241ae8d5d9c78db2b83c926a62336be4ffc29dfee36bcb4b64db9d59da1f6795a84be537206279fb6df5b51d1612ebfc2d94e538a5da598d40b
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@ -13,7 +13,7 @@ HOMEPAGE="https://www.timescale.com/"
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SRC_URI="https://github.com/timescale/${PN}/releases/download/${PV}/${P}.tar.lzma"
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LICENSE="Apache-2.0
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tsl? ( TIMESCALE )"
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tsl? ( TIMESCALE-1.7 )"
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SLOT="0"
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IUSE="ssl +tsl static-libs"
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KEYWORDS="~amd64 ~x86"
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53
dev-db/timescaledb/timescaledb-2.0.0.ebuild
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53
dev-db/timescaledb/timescaledb-2.0.0.ebuild
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@ -0,0 +1,53 @@
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# Copyright 1999-2020 Gentoo Authors
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# Distributed under the terms of the GNU General Public License v2
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EAPI=7
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POSTGRES_COMPAT=( 11..12 )
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POSTGRES_USEDEP="server,ssl?"
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inherit cmake postgres-multi
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DESCRIPTION="A time-series database optimized for fast ingest and complex queries"
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HOMEPAGE="https://www.timescale.com/"
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SRC_URI="https://github.com/timescale/${PN}/releases/download/${PV}/${P}.tar.lzma"
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LICENSE="Apache-2.0
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tsl? ( TIMESCALE )"
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SLOT="0"
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IUSE="ssl +tsl"
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KEYWORDS="~amd64 ~x86"
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DEPEND="${POSTGRES_DEP}"
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RDEPEND="${DEPEND}"
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S="${WORKDIR}/${PN}"
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src_prepare() {
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postgres-multi_foreach cmake_src_prepare
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}
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src_configure() {
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pg_src_configure () {
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local mycmakeargs=(
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-DUSE_OPENSSL=$(usex ssl ON OFF)
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-DAPACHE_ONLY=$(usex tsl OFF ON)
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-DWARNINGS_AS_ERRORS=OFF
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-DSEND_TELEMETRY_DEFAULT=OFF
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-DREGRESS_CHECKS=OFF
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-DPG_CONFIG=${PG_CONFIG}
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)
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cmake_src_configure
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}
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postgres-multi_foreach pg_src_configure
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}
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src_compile() {
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postgres-multi_foreach cmake_src_compile
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}
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src_install() {
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postgres-multi_foreach cmake_src_install
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find "${ED}" -name '*.a' -delete
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}
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@ -1,6 +1,6 @@
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TIMESCALE LICENSE AGREEMENT
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Posted Date: December 19, 2018
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Posted Date: September 24, 2020
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PLEASE READ CAREFULLY THIS TIMESCALE LICENSE AGREEMENT ("TSL Agreement"), WHICH
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CONSTITUTES A LEGALLY BINDING AGREEMENT AND GOVERNS USE OF THE TIMESCALE
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@ -25,32 +25,14 @@ Agreement ("You").
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https://github.com/timescale. The Timescale software is composed of two
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major pieces.
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The first, core piece (referred to herein as the Timescale Open Source
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Software, as defined below) is open source software that is licensed under
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the Apache Version 2.0 license.
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The first piece (referred to herein as the Timescale Open Source Software,
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as defined below) is open source software that is licensed under the Apache
|
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Version 2.0 license.
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The second piece (referred to herein as the TSL Licensed Software, as
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defined below) is all of the Timescale Software other than the Timescale
|
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Open Source Software.
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|
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Certain functions or features of the TSL Licensed Software (referred to
|
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herein as Community Features, as defined below) may be used under this TSL
|
||||
Agreement without charge, in some cases subject to certain usage limits that
|
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may be imposed by a software license key and/or technical restrictions in
|
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the code.
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|
||||
Certain other functions or features of the TSL Licensed Software (referred
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to herein as Enterprise Features, as defined below) may be used either
|
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solely under a Commercial License Agreement subject to charge, or under this
|
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TSL Agreement without charge only for a limited time trial period. In order
|
||||
to use such features, You must obtain an appropriate license key.
|
||||
|
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You may find more information at https://www.timescale.com/pricing about
|
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which functions and features of the TSL Licensed Software are classified as
|
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Community Features and Enterprise Features, details about any applicable
|
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usage limits and trial periods, and a description of how You can obtain any
|
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required license keys and enter into a Commercial License Agreement with
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Timescale.
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Open Source Software. The TSL Licensed Software may be used under this TSL
|
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Agreement without charge.
|
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|
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1. GOVERNING LICENSES
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@ -61,25 +43,13 @@ Agreement ("You").
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in both source and executable forms, is governed by the terms of the Apache
|
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License Version 2.0, a copy of which is available at
|
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https://opensource.org/licenses/Apache-2.0. The use of all other Timescale
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Software in source code form is governed by this TSL Agreement and/or a
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Commercial License Agreement, as applicable.
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Software, in both source and executable forms, is governed by this TSL
|
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Agreement.
|
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|
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1.2 Commercial License Rights. If You desire to use Community Features
|
||||
beyond applicable Usage Limits, or to use Enterprise Features beyond an
|
||||
applicable trial period (or those Enterprise Features that are not available
|
||||
for use under this TSL Agreement at all), as the case may be, You must
|
||||
obtain an appropriate License Key and enter into a Commercial License
|
||||
Agreement with Timescale, subject to applicable charges.
|
||||
|
||||
1.3 License Rights to Your Customers. As set forth in Section 2.1 below,
|
||||
1.2 License Rights to Your Customers. As set forth in Section 2.1 below,
|
||||
the use by Your customers of the Timescale Software as part of any Value
|
||||
Added Products or Services that You distribute will be subject to the most
|
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current version of this TSL Agreement, including any applicable Usage Limits
|
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and restrictions on the use of Enterprise Features. If Your customers
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desire to use any functions or features of the Timescale Software beyond
|
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applicable Usage Limits, or to use Enterprise Features, they must enter into
|
||||
a Commercial License Agreement with Timescale and obtain any necessary
|
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License Keys.
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current version of this TSL Agreement.
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|
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2. GRANT OF LICENSES
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@ -90,57 +60,49 @@ Agreement ("You").
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Section 2.3):
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|
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(a) Internal Use. A license to copy, compile, install, and use the
|
||||
Timescale Software in unmodified form: (i) solely for Your own internal
|
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Timescale Software and Derivative Works solely for Your own internal
|
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business purposes in a manner that does not expose or give access to,
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directly or indirectly (e.g., via a wrapper), the Timescale Data
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Definition Interfaces or the Timescale Data Manipulation Interfaces to
|
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any person or entity other than You or Your employees and Contractors
|
||||
working on Your behalf, and (ii) solely in compliance with all applicable
|
||||
Usage Limits and any limits imposed on the use of Enterprise Features by
|
||||
a License Key or the Timescale Software itself. You agree not to use the
|
||||
Community Features in any manner or extent beyond the Usage Limits or use
|
||||
the Enterprise Features in any manner or extent beyond the limits imposed
|
||||
by a License Key or the Timescale Software itself, except as may be
|
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permitted by a Commercial License Agreement that You and Timescale may
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||||
enter into.
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||||
working on Your behalf.
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|
||||
(b) Value Added Products or Services. A license (i) to copy, compile,
|
||||
install, and use the Timescale Software solely in unmodified form to
|
||||
develop and maintain Your Value Added Products or Services, and (ii) to
|
||||
utilize (in the case of services) or distribute (in the case of products
|
||||
that are distributed to Your customers) copies of the Timescale Software
|
||||
or parts thereof solely in unmodified form and solely as incorporated
|
||||
install, and use the Timescale Software, Derivative Works, or parts
|
||||
thereof to develop and maintain Your Value Added Products or Services,
|
||||
(ii) to utilize (in the case of services) copies of the Timescale
|
||||
Software, Derivative Works, or parts thereof solely as incorporated
|
||||
into or utilized with Your Value Added Products or Services, and
|
||||
(iii) to distribute (in the case of products that are distributed to
|
||||
Your customers) copies of the Timescale Software binaries or of
|
||||
Derivative Works solely in binary form, and both solely as incorporated
|
||||
into or utilized with Your Value Added Products or Services; provided
|
||||
that (1) You notify Your customers that use of such Timescale Software is
|
||||
subject to this TSL Agreement and You provide to each such customer a
|
||||
copy of the most current version of this TSL Agreement or a URL from
|
||||
which the most current version of this TSL Agreement may be obtained, and
|
||||
(2) the customer is prohibited, either contractually or technically, from
|
||||
defining, redefining, or modifying the database schema or other
|
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structural aspects of database objects, such as through use of the
|
||||
Timescale Data Definition Interfaces, in a Timescale Database utilized by
|
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such Value Added Products or Services.
|
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that (1) You notify Your customers that use of such Timescale Software
|
||||
or Derivative Works is subject to this TSL Agreement and You provide to
|
||||
each such customer a copy of the most current version of this TSL
|
||||
Agreement or a URL from which the most current version of this TSL
|
||||
Agreement may be obtained, and (2) the customer is prohibited, either
|
||||
contractually or technically, from defining, redefining, or modifying
|
||||
the database schema or other structural aspects of database objects,
|
||||
such as through use of the Timescale Data Definition Interfaces, in a
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Timescale Database utilized by such Value Added Products or Services.
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||||
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(c) Distribution of Source Code or Binaries in Standalone Form. Subject
|
||||
to the prohibitions in Section 2.2 below, a license to copy and
|
||||
distribute the Timescale Software Source Code and the Timescale Software
|
||||
Binaries solely in unmodified standalone form and subject to the terms
|
||||
and conditions of the most current version of this TSL Agreement. You
|
||||
may not distribute the TSL Licensed Software Source Code or the TSL
|
||||
Licensed Software Binaries in combination with or for use with any other
|
||||
software except for Your Value Added Products or Services.
|
||||
distribute the Timescale Software source code and binaries solely in
|
||||
unmodified standalone form and subject to the terms and conditions of
|
||||
the most current version of this TSL Agreement.
|
||||
|
||||
(d) Derivative Works. A license to prepare, compile, and test Derivative
|
||||
Works of the TSL Licensed Software Source Code solely in a Non-Production
|
||||
Environment, provided that (i) neither such Derivative Works nor any
|
||||
binary executable versions thereof are utilized in a production capacity
|
||||
or outside a Non-Production Environment, (ii) such Derivative Works do
|
||||
not violate any of the prohibitions on circumvention of Technological
|
||||
Protection Measures set forth in Section 2.5, and (iii) such Derivative
|
||||
Works are not distributed to any third person or entity other than as a
|
||||
contribution back to Timescale under Timescale's Contributor Agreement
|
||||
for potential incorporation into Timescale's maintained code base at its
|
||||
sole discretion.
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||||
(d) Derivative Works. A license (i) to prepare, compile, and test
|
||||
Derivative Works of the TSL Licensed Software; (ii) to use Derivative
|
||||
Works for Internal Use solely as expressly permitted in Section 2.1(a);
|
||||
(iii) to utilize Derivative Works with Your Value Added Products or
|
||||
Services solely as expressly permitted in Section 2.1(b); (iv) to
|
||||
distribute Derivative Works in binary form with Your Value Added
|
||||
Products or Services solely as expressly permitted in Section 2.1(b);
|
||||
and (v) to distribute Derivative Works back to Timescale under
|
||||
Timescale's Contributor Agreement for potential incorporation into
|
||||
Timescale's maintained code base at its sole discretion.
|
||||
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||||
2.2 Prohibitions. Notwithstanding any other provision in this TSL
|
||||
Agreement, You are prohibited from (i) using any TSL Licensed Software to
|
||||
@ -154,30 +116,20 @@ Agreement ("You").
|
||||
Derivative Works of any TSL Licensed Software or, except as expressly
|
||||
permitted herein, transfer, sell, rent, lease, sublicense, loan, or
|
||||
otherwise transfer or make available any TSL Licensed Software, whether in
|
||||
source code or binary executable form. If You have any question as to
|
||||
whether a specific use You intend to make of the TSL Licensed Software
|
||||
complies with the foregoing prohibitions, please contact
|
||||
licensing@timescale.com.
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||||
source code or binary executable form.
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||||
2.3 Affiliates and Contractors. You may permit Your Contractors and
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||||
Affiliates to exercise the licenses set forth in Section 2.1, provided that
|
||||
such exercise by Contractors must be solely for your benefit and/or the
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benefit of Your Affiliates, and You shall be responsible for all acts and
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omissions of such Contractors and Affiliates in connection with such
|
||||
exercise of the licenses, including but not limited to breach of any
|
||||
applicable Usage Limits, limits imposed by a License Key, or other terms of
|
||||
this TSL Agreement.
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||||
exercise of the licenses, including but not limited to breach of any terms
|
||||
of this TSL Agreement.
|
||||
|
||||
2.4 Reservation of Rights. Except as expressly set forth in Section 2.1, no
|
||||
other license or rights to the Timescale Software are granted to You under
|
||||
this TSL Agreement, whether by implication, estoppel, or otherwise.
|
||||
|
||||
2.5 Circumvention of Technological Protection Measures. You agree not to
|
||||
descramble, decrypt, alter, avoid, bypass, remove, deactivate, impair, or
|
||||
otherwise circumvent any Technological Protection Measure protecting the
|
||||
Timescale Software or any portion thereof, including but not limited to any
|
||||
License Key.
|
||||
|
||||
3. DEFINITIONS
|
||||
|
||||
In addition to other terms defined elsewhere in this TSL Agreement, the
|
||||
@ -189,59 +141,24 @@ Agreement ("You").
|
||||
outstanding voting shares of the legal entity, or the contractual right to
|
||||
establish policy for, and manage the operations of, the legal entity.
|
||||
|
||||
3.2 "Commercial License Agreement" means a license agreement offered by
|
||||
Timescale separate from this TSL Agreement that grants license rights, for
|
||||
applicable charges, to (i) activate and use one or more Enterprise Features
|
||||
that Timescale does not make available for access and use under this TSL
|
||||
Agreement at all, (ii) use one or more Enterprise Features beyond expiration
|
||||
of a limited time trial period, and/or (iii) use one or more Community
|
||||
Features beyond applicable Usage Limits.
|
||||
|
||||
3.3 "Community Features" means those functions or features of the TSL
|
||||
Licensed Software that Timescale designates from time to time at
|
||||
https://www.timescale.com/pricing as available for access and use under this
|
||||
TSL Agreement without charge, subject to any applicable Usage Limits.
|
||||
|
||||
3.4 "Contractor" means a person or entity engaged as a consultant or
|
||||
3.2 "Contractor" means a person or entity engaged as a consultant or
|
||||
contractor to perform work on Your behalf, but only to the extent such
|
||||
person or entity is performing such work on Your behalf.
|
||||
|
||||
3.5 "Derivative Work" means any modification or enhancement made by You to
|
||||
the TSL Licensed Software, whether in source code, executable, intermediate,
|
||||
or other form.
|
||||
3.3 "Derivative Work" means any modification or enhancement made by You to
|
||||
the TSL Licensed Software, whether in source code, binary executable,
|
||||
intermediate, or other form.
|
||||
|
||||
3.6 "Enterprise Features" means certain functions or features of the TSL
|
||||
Licensed Software that Timescale designates from time to time at
|
||||
https://www.timescale.com/pricing as (i) available for activation and use
|
||||
solely under a Commercial License Agreement with a License Key and subject
|
||||
to applicable charges, or (ii) available for use without charge under this
|
||||
TSL Agreement only on a limited time trial basis with a License Key.
|
||||
|
||||
3.7 "License Key" means a software license key issued by Timescale that
|
||||
allows (i) activation and use of certain Enterprise Features either under a
|
||||
Commercial License Agreement or without charge for a limited time trial
|
||||
period under this TSL Agreement, or (ii) use of certain Community Features
|
||||
beyond applicable Usage Limits.
|
||||
|
||||
3.8 "Non-Production Environment" means an environment for development,
|
||||
testing, or quality assurance, where software is not used for production
|
||||
purposes.
|
||||
|
||||
3.9 "Technological Protection Measure" means a technological measure,
|
||||
including but not limited to a License Key, encryption, scrambling,
|
||||
procedure, or process, that controls access to and/or restricts or limits
|
||||
the use of any function, feature, or portion of the Timescale Software.
|
||||
|
||||
3.10 "Timescale Database" means a time-series database that is created
|
||||
3.4 "Timescale Database" means a time-series database that is created
|
||||
and/or used by the Timescale Software.
|
||||
|
||||
3.11 "Timescale Data Definition Interfaces" means SQL commands and other
|
||||
3.5 "Timescale Data Definition Interfaces" means SQL commands and other
|
||||
interfaces of the Timescale Software that can be used to define or modify
|
||||
the database schema and other structural aspects of database objects in a
|
||||
Timescale Database, including Data Definition Language (DDL) commands such
|
||||
as CREATE, DROP, ALTER, TRUNCATE, COMMENT, and RENAME.
|
||||
|
||||
3.12 "Timescale Data Manipulation Interfaces" means SQL commands and
|
||||
3.6 "Timescale Data Manipulation Interfaces" means SQL commands and
|
||||
analytical function, procedural, and other types of application programming
|
||||
interfaces or commands, that allow the use, manipulation, and control of
|
||||
data present in a Timescale Database, including Data Manipulation Language
|
||||
@ -250,41 +167,23 @@ Agreement ("You").
|
||||
Language (TCL) commands such as COMMIT, ROLLBACK, SAVEPOINT, and SET
|
||||
TRANSACTION.
|
||||
|
||||
3.13 "Timescale Open Source Software" means those portions of the Timescale
|
||||
Software that Timescale makes publicly available from time to time as open
|
||||
source software under the terms of the Apache License Version 2.0 or, in
|
||||
some limited instances, under other open source licenses (such as the
|
||||
PostgreSQL license) as identified in the applicable source code files and/or
|
||||
accompanying notices.
|
||||
3.7 "Timescale Open Source Software" means those portions of the Timescale
|
||||
Software that Timescale makes publicly available for distribution from time
|
||||
to time as open source software under the terms of the Apache License
|
||||
Version 2.0 or, in some limited instances, under other open source licenses
|
||||
(such as the PostgreSQL license) as identified in the applicable source
|
||||
code files and/or accompanying notices.
|
||||
|
||||
3.14 "Timescale Software" means, collectively, all time-series database
|
||||
software and related software made publicly available by Timescale from time
|
||||
to time, in both source code and binary executable form, which includes the
|
||||
Timescale Open Source Software and the TSL Licensed Software.
|
||||
3.8 "Timescale Software" means, collectively, all time-series database
|
||||
software and related software made publicly available by Timescale for
|
||||
distribution from time to time, in both source code and binary executable
|
||||
form, which includes the Timescale Open Source Software and the TSL
|
||||
Licensed Software.
|
||||
|
||||
3.15 "Timescale Software Binaries" means the binary executable form of the
|
||||
Timescale Software that Timescale makes publicly available from time to
|
||||
time.
|
||||
|
||||
3.16 "Timescale Software Source Code" means the source code of the Timescale
|
||||
Software that Timescale makes publicly available from time to time.
|
||||
|
||||
3.17 "TSL Licensed Software" means those parts of the Timescale Software
|
||||
3.9 "TSL Licensed Software" means those parts of the Timescale Software
|
||||
other than the Timescale Open Source Software.
|
||||
|
||||
3.18 "TSL Licensed Software Binaries" means the TSL Licensed Software or any
|
||||
portion thereof in binary executable form.
|
||||
|
||||
3.19 "TSL Licensed Software Source Code" means the TSL Licensed Software or
|
||||
any portion thereof in source code form.
|
||||
|
||||
3.20 "Usage Limits" means limits, such as capability restrictions or usage
|
||||
metrics, that Timescale may place from time to time on the use under this
|
||||
TSL Agreement of certain Community Features. Usage Limits may be set by a
|
||||
License Key and/or by limits implemented in the TSL Licensed Software code
|
||||
itself.
|
||||
|
||||
3.21 "Value Added Products or Services" means products or services developed
|
||||
3.10 "Value Added Products or Services" means products or services developed
|
||||
by or for You that utilize (for example, as a back-end function or part of a
|
||||
software stack) all or parts of the Timescale Software to provide
|
||||
time-series database storage and operations in support of larger value-added
|
||||
@ -306,26 +205,18 @@ Agreement ("You").
|
||||
in a Timescale Database utilized by such Value Added Products or
|
||||
Services.
|
||||
|
||||
4. SUPPORT
|
||||
|
||||
From time to time, in its sole discretion, Timescale may offer professional
|
||||
services or support for the TSL Licensed Software pursuant to a separate
|
||||
support or maintenance agreement, which may now or in the future be subject
|
||||
to fees. Please see https://www.timescale.com/pricing for a description of
|
||||
professional services or support that may be available from Timescale.
|
||||
|
||||
5. TERMINATION
|
||||
4. TERMINATION
|
||||
|
||||
This TSL Agreement will automatically terminate, whether or not You receive
|
||||
notice of such termination from Timescale, in the event You breach any of
|
||||
its terms or conditions. In accordance with Section 7 below, Timescale
|
||||
its terms or conditions. In accordance with Section 6 below, Timescale
|
||||
shall have no liability for any damage, loss, or expense of any kind,
|
||||
whether consequential, indirect, or direct, suffered or incurred by You
|
||||
arising from or incident to the termination of this TSL Agreement, whether
|
||||
or not Timescale has been advised or is aware of any such potential damage,
|
||||
loss, or expense.
|
||||
|
||||
6. DISCLAIMER OF WARRANTIES
|
||||
5. DISCLAIMER OF WARRANTIES
|
||||
|
||||
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ALL TIMESCALE SOFTWARE
|
||||
PROVIDED UNDER THIS TSL AGREEMENT, INCLUDING ALL PORTIONS OF THE TIMESCALE
|
||||
@ -348,7 +239,7 @@ Agreement ("You").
|
||||
ANY PROMISE, WARRANTY, OR REPRESENTATION NOT EXPRESSLY SET FORTH IN THIS
|
||||
AGREEMENT.
|
||||
|
||||
7. LIMITATION OF LIABILITY
|
||||
6. LIMITATION OF LIABILITY
|
||||
|
||||
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL
|
||||
TIMESCALE OR ITS LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
|
||||
@ -363,61 +254,58 @@ Agreement ("You").
|
||||
OTHER LEGAL THEORY, EVEN IF TIMESCALE HAS BEEN ADVISED OR IS AWARE OF THE
|
||||
POSSIBILITY OF SUCH DAMAGES.
|
||||
|
||||
8. GENERAL
|
||||
7. GENERAL
|
||||
|
||||
8.1 Complete Agreement. This TSL Agreement completely and exclusively
|
||||
7.1 Complete Agreement. This TSL Agreement completely and exclusively
|
||||
states the entire agreement of the parties regarding the subject matter
|
||||
hereof and supersedes all prior proposals, agreements, or other
|
||||
communications between the parties, oral or written, regarding such subject
|
||||
matter.
|
||||
|
||||
8.2 Modification. This TSL Agreement may be modified by Timescale from time
|
||||
7.2 Modification. This TSL Agreement may be modified by Timescale from time
|
||||
to time, and any such modifications will be effective upon the "Posted Date"
|
||||
set forth at the top of the modified agreement. The modified agreement shall
|
||||
govern any new version of the TSL Licensed Software (and all its constituent
|
||||
source code and binaries) that is officially released as a complete version
|
||||
release by Timescale on or after such Posted Date. Except as set forth in
|
||||
this Section 8.2, this TSL Agreement may not be amended except by a writing
|
||||
this Section 7.2, this TSL Agreement may not be amended except by a writing
|
||||
executed by both parties.
|
||||
|
||||
8.3 Governing Law. This TSL Agreement shall be governed by and construed
|
||||
7.3 Governing Law. This TSL Agreement shall be governed by and construed
|
||||
solely under the laws of the State of New York, without application of any
|
||||
choice of law rules or principles that would lead to the applicability of
|
||||
the law of any other jurisdiction. None of the provisions of either the
|
||||
United Nations Convention on Contracts for the International Sale of Goods
|
||||
or the Uniform Computer Information Transactions Act shall apply.
|
||||
|
||||
8.4 Unenforceability. If any provision of this TSL Agreement is held
|
||||
7.4 Unenforceability. If any provision of this TSL Agreement is held
|
||||
unenforceable, the remaining provisions of this TSL Agreement shall remain
|
||||
in effect and the unenforceable provision shall be replaced by an
|
||||
enforceable provision that best reflects the original intent of the parties.
|
||||
|
||||
8.5 Injunctive Relief. You acknowledge that a breach or threatened breach
|
||||
7.5 Injunctive Relief. You acknowledge that a breach or threatened breach
|
||||
of any provision of this TSL Agreement will cause irreparable harm to
|
||||
Timescale for which damages at law will not provide adequate relief, and
|
||||
Timescale shall therefore be entitled to injunctive relief against such
|
||||
breach or threatened breach without being required to post a bond.
|
||||
|
||||
8.6 Assignment. You may not assign this TSL Agreement, including by
|
||||
operation of law in connection with a merger or acquisition or otherwise, in
|
||||
whole or in part, without the prior written consent of Timescale, which
|
||||
7.6 Assignment. You may not assign this TSL Agreement, including by
|
||||
operation of law in connection with a merger or acquisition or otherwise,
|
||||
in whole or in part, without the prior written consent of Timescale, which
|
||||
Timescale may grant or withhold in its sole and absolute discretion. Any
|
||||
assignment in violation of the preceding sentence is void.
|
||||
|
||||
8.7 Independent Contractors. The parties to this TSL Agreement are
|
||||
7.7 Independent Contractors. The parties to this TSL Agreement are
|
||||
independent contractors and this TSL Agreement does not establish any
|
||||
relationship of partnership, joint venture, employment, franchise, or agency
|
||||
between the parties.
|
||||
|
||||
8.8 U.S. Government Rights. The Timescale Software and related
|
||||
7.8 U.S. Government Rights. The Timescale Software and related
|
||||
documentation are "Commercial Items", as that term is defined at 48
|
||||
C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial
|
||||
Computer Software Documentation," as such terms are used in 48
|
||||
C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48
|
||||
C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable,
|
||||
the Commercial Computer Software and Commercial Computer Software
|
||||
Documentation are being licensed to U.S. Government end users (a) only as
|
||||
C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable, and
|
||||
are being licensed to U.S. Government end users (a) only as
|
||||
Commercial Items and (b) with only those rights as are granted to all other
|
||||
end users pursuant to the terms and conditions of this TSL Agreement.
|
||||
Unpublished – rights reserved under the copyright laws of the United States.
|
||||
|
||||
|
423
licenses/TIMESCALE-1.7
Normal file
423
licenses/TIMESCALE-1.7
Normal file
@ -0,0 +1,423 @@
|
||||
TIMESCALE LICENSE AGREEMENT
|
||||
|
||||
Posted Date: December 19, 2018
|
||||
|
||||
PLEASE READ CAREFULLY THIS TIMESCALE LICENSE AGREEMENT ("TSL Agreement"), WHICH
|
||||
CONSTITUTES A LEGALLY BINDING AGREEMENT AND GOVERNS USE OF THE TIMESCALE
|
||||
TIME-SERIES DATABASE SOFTWARE AND RELATED SOFTWARE THAT IS PROVIDED SUBJECT TO
|
||||
THIS TSL AGREEMENT. BY INSTALLING OR USING SUCH SOFTWARE, YOU AGREE THAT YOU
|
||||
HAVE READ AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS TSL
|
||||
AGREEMENT. IF YOU DO NOT AGREE WITH SUCH TERMS AND CONDITIONS, YOU MAY NOT
|
||||
INSTALL OR USE SUCH SOFTWARE. IF YOU ARE INSTALLING OR USING SUCH SOFTWARE ON
|
||||
BEHALF OF A LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY
|
||||
TO AGREE TO THE TERMS AND CONDITIONS OF THIS TSL AGREEMENT ON BEHALF OF THAT
|
||||
LEGAL ENTITY AND THE RIGHT TO BIND THAT LEGAL ENTITY TO THIS TSL AGREEMENT.
|
||||
|
||||
This TSL Agreement is entered into by and between Timescale, Inc. ("Timescale")
|
||||
and you or the legal entity on whose behalf you are accepting this TSL
|
||||
Agreement ("You").
|
||||
|
||||
0. BACKGROUND
|
||||
|
||||
The Timescale time-series database software and related software is offered
|
||||
as "open code" or "source-available" code. This means that all source code
|
||||
of the software is available for inspection and download at
|
||||
https://github.com/timescale. The Timescale software is composed of two
|
||||
major pieces.
|
||||
|
||||
The first, core piece (referred to herein as the Timescale Open Source
|
||||
Software, as defined below) is open source software that is licensed under
|
||||
the Apache Version 2.0 license.
|
||||
|
||||
The second piece (referred to herein as the TSL Licensed Software, as
|
||||
defined below) is all of the Timescale Software other than the Timescale
|
||||
Open Source Software.
|
||||
|
||||
Certain functions or features of the TSL Licensed Software (referred to
|
||||
herein as Community Features, as defined below) may be used under this TSL
|
||||
Agreement without charge, in some cases subject to certain usage limits that
|
||||
may be imposed by a software license key and/or technical restrictions in
|
||||
the code.
|
||||
|
||||
Certain other functions or features of the TSL Licensed Software (referred
|
||||
to herein as Enterprise Features, as defined below) may be used either
|
||||
solely under a Commercial License Agreement subject to charge, or under this
|
||||
TSL Agreement without charge only for a limited time trial period. In order
|
||||
to use such features, You must obtain an appropriate license key.
|
||||
|
||||
You may find more information at https://www.timescale.com/pricing about
|
||||
which functions and features of the TSL Licensed Software are classified as
|
||||
Community Features and Enterprise Features, details about any applicable
|
||||
usage limits and trial periods, and a description of how You can obtain any
|
||||
required license keys and enter into a Commercial License Agreement with
|
||||
Timescale.
|
||||
|
||||
1. GOVERNING LICENSES
|
||||
|
||||
1.1 Source Code. The source code for all Timescale Software is made
|
||||
publicly available by Timescale at https://github.com/timescale. However,
|
||||
different license agreements govern the use of different parts of the
|
||||
Timescale Software source code. The use of Timescale Open Source Software,
|
||||
in both source and executable forms, is governed by the terms of the Apache
|
||||
License Version 2.0, a copy of which is available at
|
||||
https://opensource.org/licenses/Apache-2.0. The use of all other Timescale
|
||||
Software in source code form is governed by this TSL Agreement and/or a
|
||||
Commercial License Agreement, as applicable.
|
||||
|
||||
1.2 Commercial License Rights. If You desire to use Community Features
|
||||
beyond applicable Usage Limits, or to use Enterprise Features beyond an
|
||||
applicable trial period (or those Enterprise Features that are not available
|
||||
for use under this TSL Agreement at all), as the case may be, You must
|
||||
obtain an appropriate License Key and enter into a Commercial License
|
||||
Agreement with Timescale, subject to applicable charges.
|
||||
|
||||
1.3 License Rights to Your Customers. As set forth in Section 2.1 below,
|
||||
the use by Your customers of the Timescale Software as part of any Value
|
||||
Added Products or Services that You distribute will be subject to the most
|
||||
current version of this TSL Agreement, including any applicable Usage Limits
|
||||
and restrictions on the use of Enterprise Features. If Your customers
|
||||
desire to use any functions or features of the Timescale Software beyond
|
||||
applicable Usage Limits, or to use Enterprise Features, they must enter into
|
||||
a Commercial License Agreement with Timescale and obtain any necessary
|
||||
License Keys.
|
||||
|
||||
2. GRANT OF LICENSES
|
||||
|
||||
2.1 Grant. Conditioned upon compliance with all of the terms and conditions
|
||||
of this TSL Agreement, Timescale grants to You at no charge the following
|
||||
limited, non-exclusive, non-transferable, fully paid up, worldwide licenses,
|
||||
without the right to grant or authorize sublicenses (except as set forth in
|
||||
Section 2.3):
|
||||
|
||||
(a) Internal Use. A license to copy, compile, install, and use the
|
||||
Timescale Software in unmodified form: (i) solely for Your own internal
|
||||
business purposes in a manner that does not expose or give access to,
|
||||
directly or indirectly (e.g., via a wrapper), the Timescale Data
|
||||
Definition Interfaces or the Timescale Data Manipulation Interfaces to
|
||||
any person or entity other than You or Your employees and Contractors
|
||||
working on Your behalf, and (ii) solely in compliance with all applicable
|
||||
Usage Limits and any limits imposed on the use of Enterprise Features by
|
||||
a License Key or the Timescale Software itself. You agree not to use the
|
||||
Community Features in any manner or extent beyond the Usage Limits or use
|
||||
the Enterprise Features in any manner or extent beyond the limits imposed
|
||||
by a License Key or the Timescale Software itself, except as may be
|
||||
permitted by a Commercial License Agreement that You and Timescale may
|
||||
enter into.
|
||||
|
||||
(b) Value Added Products or Services. A license (i) to copy, compile,
|
||||
install, and use the Timescale Software solely in unmodified form to
|
||||
develop and maintain Your Value Added Products or Services, and (ii) to
|
||||
utilize (in the case of services) or distribute (in the case of products
|
||||
that are distributed to Your customers) copies of the Timescale Software
|
||||
or parts thereof solely in unmodified form and solely as incorporated
|
||||
into or utilized with Your Value Added Products or Services; provided
|
||||
that (1) You notify Your customers that use of such Timescale Software is
|
||||
subject to this TSL Agreement and You provide to each such customer a
|
||||
copy of the most current version of this TSL Agreement or a URL from
|
||||
which the most current version of this TSL Agreement may be obtained, and
|
||||
(2) the customer is prohibited, either contractually or technically, from
|
||||
defining, redefining, or modifying the database schema or other
|
||||
structural aspects of database objects, such as through use of the
|
||||
Timescale Data Definition Interfaces, in a Timescale Database utilized by
|
||||
such Value Added Products or Services.
|
||||
|
||||
(c) Distribution of Source Code or Binaries in Standalone Form. Subject
|
||||
to the prohibitions in Section 2.2 below, a license to copy and
|
||||
distribute the Timescale Software Source Code and the Timescale Software
|
||||
Binaries solely in unmodified standalone form and subject to the terms
|
||||
and conditions of the most current version of this TSL Agreement. You
|
||||
may not distribute the TSL Licensed Software Source Code or the TSL
|
||||
Licensed Software Binaries in combination with or for use with any other
|
||||
software except for Your Value Added Products or Services.
|
||||
|
||||
(d) Derivative Works. A license to prepare, compile, and test Derivative
|
||||
Works of the TSL Licensed Software Source Code solely in a Non-Production
|
||||
Environment, provided that (i) neither such Derivative Works nor any
|
||||
binary executable versions thereof are utilized in a production capacity
|
||||
or outside a Non-Production Environment, (ii) such Derivative Works do
|
||||
not violate any of the prohibitions on circumvention of Technological
|
||||
Protection Measures set forth in Section 2.5, and (iii) such Derivative
|
||||
Works are not distributed to any third person or entity other than as a
|
||||
contribution back to Timescale under Timescale's Contributor Agreement
|
||||
for potential incorporation into Timescale's maintained code base at its
|
||||
sole discretion.
|
||||
|
||||
2.2 Prohibitions. Notwithstanding any other provision in this TSL
|
||||
Agreement, You are prohibited from (i) using any TSL Licensed Software to
|
||||
provide time-sharing services or database-as-a-service services, or to
|
||||
provide any form of software-as-a-service or service offering in which the
|
||||
TSL Licensed Software is offered or made available to third parties to
|
||||
provide time-series database functions or operations, other than as part of
|
||||
Your Value Added Products or Services, or (ii) copying or distributing any
|
||||
TSL Licensed Software for use in any of the foregoing ways. In addition,
|
||||
You agree not to, except as expressly permitted in Section 2.1(d), prepare
|
||||
Derivative Works of any TSL Licensed Software or, except as expressly
|
||||
permitted herein, transfer, sell, rent, lease, sublicense, loan, or
|
||||
otherwise transfer or make available any TSL Licensed Software, whether in
|
||||
source code or binary executable form. If You have any question as to
|
||||
whether a specific use You intend to make of the TSL Licensed Software
|
||||
complies with the foregoing prohibitions, please contact
|
||||
licensing@timescale.com.
|
||||
|
||||
2.3 Affiliates and Contractors. You may permit Your Contractors and
|
||||
Affiliates to exercise the licenses set forth in Section 2.1, provided that
|
||||
such exercise by Contractors must be solely for your benefit and/or the
|
||||
benefit of Your Affiliates, and You shall be responsible for all acts and
|
||||
omissions of such Contractors and Affiliates in connection with such
|
||||
exercise of the licenses, including but not limited to breach of any
|
||||
applicable Usage Limits, limits imposed by a License Key, or other terms of
|
||||
this TSL Agreement.
|
||||
|
||||
2.4 Reservation of Rights. Except as expressly set forth in Section 2.1, no
|
||||
other license or rights to the Timescale Software are granted to You under
|
||||
this TSL Agreement, whether by implication, estoppel, or otherwise.
|
||||
|
||||
2.5 Circumvention of Technological Protection Measures. You agree not to
|
||||
descramble, decrypt, alter, avoid, bypass, remove, deactivate, impair, or
|
||||
otherwise circumvent any Technological Protection Measure protecting the
|
||||
Timescale Software or any portion thereof, including but not limited to any
|
||||
License Key.
|
||||
|
||||
3. DEFINITIONS
|
||||
|
||||
In addition to other terms defined elsewhere in this TSL Agreement, the
|
||||
terms below have the following meanings:
|
||||
|
||||
3.1 "Affiliate" means, if You are a legal entity, any legal entity that
|
||||
controls, is controlled by, or which is under common control with, You,
|
||||
where "control" means ownership of at least fifty percent (50%) of the
|
||||
outstanding voting shares of the legal entity, or the contractual right to
|
||||
establish policy for, and manage the operations of, the legal entity.
|
||||
|
||||
3.2 "Commercial License Agreement" means a license agreement offered by
|
||||
Timescale separate from this TSL Agreement that grants license rights, for
|
||||
applicable charges, to (i) activate and use one or more Enterprise Features
|
||||
that Timescale does not make available for access and use under this TSL
|
||||
Agreement at all, (ii) use one or more Enterprise Features beyond expiration
|
||||
of a limited time trial period, and/or (iii) use one or more Community
|
||||
Features beyond applicable Usage Limits.
|
||||
|
||||
3.3 "Community Features" means those functions or features of the TSL
|
||||
Licensed Software that Timescale designates from time to time at
|
||||
https://www.timescale.com/pricing as available for access and use under this
|
||||
TSL Agreement without charge, subject to any applicable Usage Limits.
|
||||
|
||||
3.4 "Contractor" means a person or entity engaged as a consultant or
|
||||
contractor to perform work on Your behalf, but only to the extent such
|
||||
person or entity is performing such work on Your behalf.
|
||||
|
||||
3.5 "Derivative Work" means any modification or enhancement made by You to
|
||||
the TSL Licensed Software, whether in source code, executable, intermediate,
|
||||
or other form.
|
||||
|
||||
3.6 "Enterprise Features" means certain functions or features of the TSL
|
||||
Licensed Software that Timescale designates from time to time at
|
||||
https://www.timescale.com/pricing as (i) available for activation and use
|
||||
solely under a Commercial License Agreement with a License Key and subject
|
||||
to applicable charges, or (ii) available for use without charge under this
|
||||
TSL Agreement only on a limited time trial basis with a License Key.
|
||||
|
||||
3.7 "License Key" means a software license key issued by Timescale that
|
||||
allows (i) activation and use of certain Enterprise Features either under a
|
||||
Commercial License Agreement or without charge for a limited time trial
|
||||
period under this TSL Agreement, or (ii) use of certain Community Features
|
||||
beyond applicable Usage Limits.
|
||||
|
||||
3.8 "Non-Production Environment" means an environment for development,
|
||||
testing, or quality assurance, where software is not used for production
|
||||
purposes.
|
||||
|
||||
3.9 "Technological Protection Measure" means a technological measure,
|
||||
including but not limited to a License Key, encryption, scrambling,
|
||||
procedure, or process, that controls access to and/or restricts or limits
|
||||
the use of any function, feature, or portion of the Timescale Software.
|
||||
|
||||
3.10 "Timescale Database" means a time-series database that is created
|
||||
and/or used by the Timescale Software.
|
||||
|
||||
3.11 "Timescale Data Definition Interfaces" means SQL commands and other
|
||||
interfaces of the Timescale Software that can be used to define or modify
|
||||
the database schema and other structural aspects of database objects in a
|
||||
Timescale Database, including Data Definition Language (DDL) commands such
|
||||
as CREATE, DROP, ALTER, TRUNCATE, COMMENT, and RENAME.
|
||||
|
||||
3.12 "Timescale Data Manipulation Interfaces" means SQL commands and
|
||||
analytical function, procedural, and other types of application programming
|
||||
interfaces or commands, that allow the use, manipulation, and control of
|
||||
data present in a Timescale Database, including Data Manipulation Language
|
||||
(DDL) commands such as SELECT, INSERT, UPDATE, and DELETE, Data Control
|
||||
Language (DCL) commands such as GRANT and REVOKE, and Transaction Control
|
||||
Language (TCL) commands such as COMMIT, ROLLBACK, SAVEPOINT, and SET
|
||||
TRANSACTION.
|
||||
|
||||
3.13 "Timescale Open Source Software" means those portions of the Timescale
|
||||
Software that Timescale makes publicly available from time to time as open
|
||||
source software under the terms of the Apache License Version 2.0 or, in
|
||||
some limited instances, under other open source licenses (such as the
|
||||
PostgreSQL license) as identified in the applicable source code files and/or
|
||||
accompanying notices.
|
||||
|
||||
3.14 "Timescale Software" means, collectively, all time-series database
|
||||
software and related software made publicly available by Timescale from time
|
||||
to time, in both source code and binary executable form, which includes the
|
||||
Timescale Open Source Software and the TSL Licensed Software.
|
||||
|
||||
3.15 "Timescale Software Binaries" means the binary executable form of the
|
||||
Timescale Software that Timescale makes publicly available from time to
|
||||
time.
|
||||
|
||||
3.16 "Timescale Software Source Code" means the source code of the Timescale
|
||||
Software that Timescale makes publicly available from time to time.
|
||||
|
||||
3.17 "TSL Licensed Software" means those parts of the Timescale Software
|
||||
other than the Timescale Open Source Software.
|
||||
|
||||
3.18 "TSL Licensed Software Binaries" means the TSL Licensed Software or any
|
||||
portion thereof in binary executable form.
|
||||
|
||||
3.19 "TSL Licensed Software Source Code" means the TSL Licensed Software or
|
||||
any portion thereof in source code form.
|
||||
|
||||
3.20 "Usage Limits" means limits, such as capability restrictions or usage
|
||||
metrics, that Timescale may place from time to time on the use under this
|
||||
TSL Agreement of certain Community Features. Usage Limits may be set by a
|
||||
License Key and/or by limits implemented in the TSL Licensed Software code
|
||||
itself.
|
||||
|
||||
3.21 "Value Added Products or Services" means products or services developed
|
||||
by or for You that utilize (for example, as a back-end function or part of a
|
||||
software stack) all or parts of the Timescale Software to provide
|
||||
time-series database storage and operations in support of larger value-added
|
||||
products or services (for example, an IoT platform or vertical-specific
|
||||
application) with respect to which all of the following are true:
|
||||
|
||||
(i) such value-added products or services are not primarily database
|
||||
storage or operations products or services;
|
||||
|
||||
(ii) such value-added products or services add substantial value of a
|
||||
different nature to the time-series database storage and operations
|
||||
afforded by the Timescale Software and are the key functions upon which
|
||||
such products or services are offered and marketed; and
|
||||
|
||||
(iii) users of such Value Added Products or Services are prohibited,
|
||||
either contractually or technically, from defining, redefining, or
|
||||
modifying the database schema or other structural aspects of database
|
||||
objects, such as through use of the Timescale Data Definition Interfaces,
|
||||
in a Timescale Database utilized by such Value Added Products or
|
||||
Services.
|
||||
|
||||
4. SUPPORT
|
||||
|
||||
From time to time, in its sole discretion, Timescale may offer professional
|
||||
services or support for the TSL Licensed Software pursuant to a separate
|
||||
support or maintenance agreement, which may now or in the future be subject
|
||||
to fees. Please see https://www.timescale.com/pricing for a description of
|
||||
professional services or support that may be available from Timescale.
|
||||
|
||||
5. TERMINATION
|
||||
|
||||
This TSL Agreement will automatically terminate, whether or not You receive
|
||||
notice of such termination from Timescale, in the event You breach any of
|
||||
its terms or conditions. In accordance with Section 7 below, Timescale
|
||||
shall have no liability for any damage, loss, or expense of any kind,
|
||||
whether consequential, indirect, or direct, suffered or incurred by You
|
||||
arising from or incident to the termination of this TSL Agreement, whether
|
||||
or not Timescale has been advised or is aware of any such potential damage,
|
||||
loss, or expense.
|
||||
|
||||
6. DISCLAIMER OF WARRANTIES
|
||||
|
||||
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ALL TIMESCALE SOFTWARE
|
||||
PROVIDED UNDER THIS TSL AGREEMENT, INCLUDING ALL PORTIONS OF THE TIMESCALE
|
||||
SOFTWARE SUPPLIED ON A TRIAL BASIS, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF
|
||||
ANY KIND AND TIMESCALE DISCLAIMS ALL SUCH WARRANTIES, WHETHER EXPRESS,
|
||||
STATUTORY, OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF
|
||||
MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR
|
||||
NON-INFRINGEMENT, AND ANY IMPLIED WARRANTIES ARISING FROM USAGE OF TRADE,
|
||||
COURSE OF DEALING, OR COURSE OF PERFORMANCE. WITHOUT LIMITING THE
|
||||
FOREGOING, TIMESCALE MAKES NO WARRANTY OR REPRESENTATION AS TO THE
|
||||
RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, PROFITABILITY, SUPPORT,
|
||||
PERFORMANCE, LOSS OF USE OR LOSS OF DATA, AVAILABILITY, OR ACCURACY OF THE
|
||||
TIMESCALE SOFTWARE. YOU ACKNOWLEDGE THAT CHANGES MADE BY TIMESCALE TO THE
|
||||
TIMESCALE SOFTWARE MAY DISRUPT INTEROPERATION WITH YOUR VALUE ADDED PRODUCTS
|
||||
OR SERVICES. TIMESCALE AND ITS LICENSORS DO NOT WARRANT THAT THE TIMESCALE
|
||||
SOFTWARE, OR ANY PORTION THEREOF, IS ERROR FREE OR WILL OPERATE WITHOUT
|
||||
INTERRUPTION, OR THAT ANY VALUE ADDED PRODUCT OR SERVICE INTEROPERATING WITH
|
||||
THE TIMESCALE SOFTWARE WILL NOT EXPERIENCE LOSS OF USE OR LOSS OF DATA. YOU
|
||||
ACKNOWLEDGE THAT IN ENTERING INTO THIS TSL AGREEMENT, YOU HAVE NOT RELIED ON
|
||||
ANY PROMISE, WARRANTY, OR REPRESENTATION NOT EXPRESSLY SET FORTH IN THIS
|
||||
AGREEMENT.
|
||||
|
||||
7. LIMITATION OF LIABILITY
|
||||
|
||||
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL
|
||||
TIMESCALE OR ITS LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
|
||||
DIRECT OR INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOSS OF PROFITS
|
||||
OR REVENUE, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, COST OF COVER
|
||||
OR SUBSTITUTE GOODS OR SERVICES, OR FOR ANY SPECIAL, INCIDENTAL,
|
||||
CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, HOWEVER CAUSED,
|
||||
RELATED TO, OR ARISING OUT OF THIS TSL AGREEMENT, ITS TERMINATION OR THE
|
||||
PERFORMANCE OR FAILURE TO PERFORM THIS TSL AGREEMENT, OR THE USE OR
|
||||
INABILITY TO USE THE TIMESCALE SOFTWARE, WHETHER ALLEGED AS A BREACH OF
|
||||
CONTRACT, BREACH OF WARRANTY, TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, OR ANY
|
||||
OTHER LEGAL THEORY, EVEN IF TIMESCALE HAS BEEN ADVISED OR IS AWARE OF THE
|
||||
POSSIBILITY OF SUCH DAMAGES.
|
||||
|
||||
8. GENERAL
|
||||
|
||||
8.1 Complete Agreement. This TSL Agreement completely and exclusively
|
||||
states the entire agreement of the parties regarding the subject matter
|
||||
hereof and supersedes all prior proposals, agreements, or other
|
||||
communications between the parties, oral or written, regarding such subject
|
||||
matter.
|
||||
|
||||
8.2 Modification. This TSL Agreement may be modified by Timescale from time
|
||||
to time, and any such modifications will be effective upon the "Posted Date"
|
||||
set forth at the top of the modified agreement. The modified agreement shall
|
||||
govern any new version of the TSL Licensed Software (and all its constituent
|
||||
source code and binaries) that is officially released as a complete version
|
||||
release by Timescale on or after such Posted Date. Except as set forth in
|
||||
this Section 8.2, this TSL Agreement may not be amended except by a writing
|
||||
executed by both parties.
|
||||
|
||||
8.3 Governing Law. This TSL Agreement shall be governed by and construed
|
||||
solely under the laws of the State of New York, without application of any
|
||||
choice of law rules or principles that would lead to the applicability of
|
||||
the law of any other jurisdiction. None of the provisions of either the
|
||||
United Nations Convention on Contracts for the International Sale of Goods
|
||||
or the Uniform Computer Information Transactions Act shall apply.
|
||||
|
||||
8.4 Unenforceability. If any provision of this TSL Agreement is held
|
||||
unenforceable, the remaining provisions of this TSL Agreement shall remain
|
||||
in effect and the unenforceable provision shall be replaced by an
|
||||
enforceable provision that best reflects the original intent of the parties.
|
||||
|
||||
8.5 Injunctive Relief. You acknowledge that a breach or threatened breach
|
||||
of any provision of this TSL Agreement will cause irreparable harm to
|
||||
Timescale for which damages at law will not provide adequate relief, and
|
||||
Timescale shall therefore be entitled to injunctive relief against such
|
||||
breach or threatened breach without being required to post a bond.
|
||||
|
||||
8.6 Assignment. You may not assign this TSL Agreement, including by
|
||||
operation of law in connection with a merger or acquisition or otherwise, in
|
||||
whole or in part, without the prior written consent of Timescale, which
|
||||
Timescale may grant or withhold in its sole and absolute discretion. Any
|
||||
assignment in violation of the preceding sentence is void.
|
||||
|
||||
8.7 Independent Contractors. The parties to this TSL Agreement are
|
||||
independent contractors and this TSL Agreement does not establish any
|
||||
relationship of partnership, joint venture, employment, franchise, or agency
|
||||
between the parties.
|
||||
|
||||
8.8 U.S. Government Rights. The Timescale Software and related
|
||||
documentation are "Commercial Items", as that term is defined at 48
|
||||
C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial
|
||||
Computer Software Documentation," as such terms are used in 48
|
||||
C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48
|
||||
C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable,
|
||||
the Commercial Computer Software and Commercial Computer Software
|
||||
Documentation are being licensed to U.S. Government end users (a) only as
|
||||
Commercial Items and (b) with only those rights as are granted to all other
|
||||
end users pursuant to the terms and conditions of this TSL Agreement.
|
||||
Unpublished – rights reserved under the copyright laws of the United States.
|
||||
|
Loading…
Reference in New Issue
Block a user