[dev-db/timescaledb] fix license
This commit is contained in:
		@@ -12,9 +12,10 @@ DESCRIPTION="A time-series database optimized for fast ingest and complex querie
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HOMEPAGE="https://www.timescale.com/"
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SRC_URI="https://github.com/timescale/${PN}/releases/download/${PV}/${P}.tar.lzma"
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LICENSE="Apache-2.0"
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LICENSE="Apache-2.0
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		tsl? ( TIMESCALE )"
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SLOT="0"
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IUSE="ssl static-libs"
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IUSE="ssl +tsl static-libs"
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KEYWORDS="~amd64 ~x86"
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DEPEND="${POSTGRES_DEP}"
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@@ -33,6 +34,7 @@ src_configure() {
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	local mycmakeargs=(
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		-DPG_CONFIG="$PG_CONFIG"
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		-DUSE_OPENSSL=$(usex ssl ON OFF)
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		-DAPACHE_ONLY=$(usex tsl OFF ON)
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		-DSEND_TELEMETRY_DEFAULT=OFF
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		-DREGRESS_CHECKS=OFF
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	)
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										423
									
								
								licenses/TIMESCALE
									
									
									
									
									
										Normal file
									
								
							
							
						
						
									
										423
									
								
								licenses/TIMESCALE
									
									
									
									
									
										Normal file
									
								
							@@ -0,0 +1,423 @@
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TIMESCALE LICENSE AGREEMENT
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Posted Date:  December 19, 2018
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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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TIME-SERIES DATABASE SOFTWARE AND RELATED SOFTWARE THAT IS PROVIDED SUBJECT TO
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THIS TSL AGREEMENT.  BY INSTALLING OR USING SUCH SOFTWARE, YOU AGREE THAT YOU
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HAVE READ AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS TSL
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AGREEMENT.  IF YOU DO NOT AGREE WITH SUCH TERMS AND CONDITIONS, YOU MAY NOT
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INSTALL OR USE SUCH SOFTWARE.  IF YOU ARE INSTALLING OR USING SUCH SOFTWARE ON
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BEHALF OF A LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY
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TO AGREE TO THE TERMS AND CONDITIONS OF THIS TSL AGREEMENT ON BEHALF OF THAT
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LEGAL ENTITY AND THE RIGHT TO BIND THAT LEGAL ENTITY TO THIS TSL AGREEMENT.
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This TSL Agreement is entered into by and between Timescale, Inc. ("Timescale")
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and you or the legal entity on whose behalf you are accepting this TSL
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Agreement ("You").
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0. BACKGROUND
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   The Timescale time-series database software and related software is offered
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   as "open code" or "source-available" code.  This means that all source code
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   of the software is available for inspection and download at
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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 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
 | 
			
		||||
   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
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   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
 | 
			
		||||
   Community Features and Enterprise Features, details about any applicable
 | 
			
		||||
   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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1. GOVERNING LICENSES
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   1.1 Source Code.  The source code for all Timescale Software is made
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   publicly available by Timescale at https://github.com/timescale.  However,
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		||||
   different license agreements govern the use of different parts of the
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		||||
   Timescale Software source code.  The use of Timescale Open Source Software,
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		||||
   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
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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.
 | 
			
		||||
 | 
			
		||||
   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
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		||||
   obtain an appropriate License Key and enter into a Commercial License
 | 
			
		||||
   Agreement with Timescale, subject to applicable charges.
 | 
			
		||||
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		||||
   1.3 License Rights to Your Customers.  As set forth in Section 2.1 below,
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		||||
   the use by Your customers of the Timescale Software as part of any Value
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		||||
   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
 | 
			
		||||
   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
 | 
			
		||||
   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
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		||||
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   2.1 Grant.  Conditioned upon compliance with all of the terms and conditions
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		||||
   of this TSL Agreement, Timescale grants to You at no charge the following
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		||||
   limited, non-exclusive, non-transferable, fully paid up, worldwide licenses,
 | 
			
		||||
   without the right to grant or authorize sublicenses (except as set forth in
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		||||
   Section 2.3):
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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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		||||
      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
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      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
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		||||
      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
 | 
			
		||||
      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
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		||||
      that are distributed to Your customers) copies of the Timescale Software
 | 
			
		||||
      or parts thereof solely in unmodified form and solely as incorporated
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		||||
      into or utilized with Your Value Added Products or Services; provided
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      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
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      copy of the most current version of this TSL Agreement or a URL from
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      which the most current version of this TSL Agreement may be obtained, and
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      (2) the customer is prohibited, either contractually or technically, from
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      defining, redefining, or modifying the database schema or other
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      structural aspects of database objects, such as through use of the
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      Timescale Data Definition Interfaces, in a Timescale Database utilized by
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      such Value Added Products or Services.
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      (c) Distribution of Source Code or Binaries in Standalone Form.  Subject
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      to the prohibitions in Section 2.2 below, a license to copy and
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      distribute the Timescale Software Source Code and the Timescale Software
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      Binaries solely in unmodified standalone form and subject to the terms
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      and conditions of the most current version of this TSL Agreement.  You
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      may not distribute the TSL Licensed Software Source Code or the TSL
 | 
			
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      Licensed Software Binaries in combination with or for use with any other
 | 
			
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      software except for Your Value Added Products or Services.
 | 
			
		||||
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      (d) Derivative Works.  A license to prepare, compile, and test Derivative
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      Works of the TSL Licensed Software Source Code solely in a Non-Production
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      Environment, provided that (i) neither such Derivative Works nor any
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      binary executable versions thereof are utilized in a production capacity
 | 
			
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      or outside a Non-Production Environment, (ii) such Derivative Works do
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      not violate any of the prohibitions on circumvention of Technological
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      Protection Measures set forth in Section 2.5, and (iii) such Derivative
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		||||
      Works are not distributed to any third person or entity other than as a
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      contribution back to Timescale under Timescale's Contributor Agreement
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      for potential incorporation into Timescale's maintained code base at its
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      sole discretion.
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   2.2 Prohibitions.  Notwithstanding any other provision in this TSL
 | 
			
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   Agreement, You are prohibited from (i) using any TSL Licensed Software to
 | 
			
		||||
   provide time-sharing services or database-as-a-service services, or to
 | 
			
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   provide any form of software-as-a-service or service offering in which the
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   TSL Licensed Software is offered or made available to third parties to
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		||||
   provide time-series database functions or operations, other than as part of
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   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,
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		||||
   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
 | 
			
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   complies with the foregoing prohibitions, please contact
 | 
			
		||||
   licensing@timescale.com.
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		||||
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   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.
 | 
			
		||||
 | 
			
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3. DEFINITIONS
 | 
			
		||||
 | 
			
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   In addition to other terms defined elsewhere in this TSL Agreement, the
 | 
			
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   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.
 | 
			
		||||
 | 
			
		||||
		Reference in New Issue
	
	Block a user