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DIST timescaledb-2.1.0.tar.lzma 1176054 BLAKE2B d6b4fc5a7615f3b00d1636d82682da9be6e2f2cfcf13b701199a695c59e75f7ca76981a01d4684ef1c626d0f5810c4ab621abcd6ed64a3a51eefd2281c89342c SHA512 22c72b6ae6bafc37269168d42089816735ee812d0f3c53642ad453c89b984cabdc5ea5aeb10320ba12478e9baae5356c7984b773b61e18a2aed99c6657cda464 |
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@ -1,311 +0,0 @@ |
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TIMESCALE LICENSE AGREEMENT |
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|
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Posted Date: September 24, 2020 |
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|
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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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|
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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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|
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0. BACKGROUND |
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|
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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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|
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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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|
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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. 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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|
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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 |
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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 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 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. |
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|
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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, |
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without the right to grant or authorize sublicenses (except as set forth in |
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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 |
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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 |
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working on Your behalf. |
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|
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(b) Value Added Products or Services. A license (i) to copy, compile, |
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install, and use the Timescale Software, Derivative Works, or parts |
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thereof to develop and maintain Your Value Added Products or Services, |
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(ii) to utilize (in the case of services) copies of the Timescale |
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Software, Derivative Works, or parts thereof solely as incorporated |
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into or utilized with Your Value Added Products or Services, and |
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(iii) to distribute (in the case of products that are distributed to |
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Your customers) copies of the Timescale Software binaries or of |
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Derivative Works solely in binary form, and both 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 |
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or Derivative Works is subject to this TSL Agreement and You provide to |
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each such customer a copy of the most current version of this TSL |
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Agreement or a URL from which the most current version of this TSL |
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Agreement may be obtained, and (2) the customer is prohibited, either |
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contractually or technically, from defining, redefining, or modifying |
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the database schema or other structural aspects of database objects, |
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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 |
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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 binaries solely in |
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unmodified standalone form and subject to the terms and conditions of |
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the most current version of this TSL Agreement. |
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|
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(d) Derivative Works. A license (i) to prepare, compile, and test |
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Derivative Works of the TSL Licensed Software; (ii) to use Derivative |
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Works for Internal Use solely as expressly permitted in Section 2.1(a); |
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(iii) to utilize Derivative Works with Your Value Added Products or |
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Services solely as expressly permitted in Section 2.1(b); (iv) to |
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distribute Derivative Works in binary form with Your Value Added |
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Products or Services solely as expressly permitted in Section 2.1(b); |
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and (v) to distribute Derivative Works back to Timescale under |
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Timescale's Contributor Agreement for potential incorporation into |
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Timescale's maintained code base at its sole discretion. |
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|
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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 |
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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 |
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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 |
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Derivative Works of any TSL Licensed Software or, except as expressly |
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permitted herein, transfer, sell, rent, lease, sublicense, loan, or |
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otherwise transfer or make available any TSL Licensed Software, whether in |
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source code or binary executable form. |
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|
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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 |
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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 |
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exercise of the licenses, including but not limited to breach of any terms |
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of this TSL Agreement. |
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|
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2.4 Reservation of Rights. Except as expressly set forth in Section 2.1, no |
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other license or rights to the Timescale Software are granted to You under |
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this TSL Agreement, whether by implication, estoppel, or otherwise. |
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|
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3. DEFINITIONS |
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|
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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: |
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|
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3.1 "Affiliate" means, if You are a legal entity, any legal entity that |
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controls, is controlled by, or which is under common control with, You, |
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where "control" means ownership of at least fifty percent (50%) of the |
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outstanding voting shares of the legal entity, or the contractual right to |
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establish policy for, and manage the operations of, the legal entity. |
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|
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3.2 "Contractor" means a person or entity engaged as a consultant or |
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contractor to perform work on Your behalf, but only to the extent such |
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person or entity is performing such work on Your behalf. |
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|
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3.3 "Derivative Work" means any modification or enhancement made by You to |
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the TSL Licensed Software, whether in source code, binary executable, |
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intermediate, or other form. |
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|
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3.4 "Timescale Database" means a time-series database that is created |
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and/or used by the Timescale Software. |
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|
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3.5 "Timescale Data Definition Interfaces" means SQL commands and other |
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interfaces of the Timescale Software that can be used to define or modify |
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the database schema and other structural aspects of database objects in a |
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Timescale Database, including Data Definition Language (DDL) commands such |
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as CREATE, DROP, ALTER, TRUNCATE, COMMENT, and RENAME. |
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|
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3.6 "Timescale Data Manipulation Interfaces" means SQL commands and |
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analytical function, procedural, and other types of application programming |
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interfaces or commands, that allow the use, manipulation, and control of |
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data present in a Timescale Database, including Data Manipulation Language |
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(DDL) commands such as SELECT, INSERT, UPDATE, and DELETE, Data Control |
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Language (DCL) commands such as GRANT and REVOKE, and Transaction Control |
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Language (TCL) commands such as COMMIT, ROLLBACK, SAVEPOINT, and SET |
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TRANSACTION. |
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|
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3.7 "Timescale Open Source Software" means those portions of the Timescale |
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Software that Timescale makes publicly available for distribution from time |
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to time as open source software under the terms of the Apache License |
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Version 2.0 or, in some limited instances, under other open source licenses |
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(such as the PostgreSQL license) as identified in the applicable source |
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code files and/or accompanying notices. |
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|
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3.8 "Timescale Software" means, collectively, all time-series database |
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software and related software made publicly available by Timescale for |
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distribution from time to time, in both source code and binary executable |
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form, which includes the Timescale Open Source Software and the TSL |
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Licensed Software. |
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|
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3.9 "TSL Licensed Software" means those parts of the Timescale Software |
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other than the Timescale Open Source Software. |
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|
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3.10 "Value Added Products or Services" means products or services developed |
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by or for You that utilize (for example, as a back-end function or part of a |
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software stack) all or parts of the Timescale Software to provide |
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time-series database storage and operations in support of larger value-added |
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products or services (for example, an IoT platform or vertical-specific |
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application) with respect to which all of the following are true: |
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|
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(i) such value-added products or services are not primarily database |
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storage or operations products or services; |
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|
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(ii) such value-added products or services add substantial value of a |
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different nature to the time-series database storage and operations |
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afforded by the Timescale Software and are the key functions upon which |
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such products or services are offered and marketed; and |
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|
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(iii) users of such Value Added Products or Services are prohibited, |
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either contractually or technically, from defining, redefining, or |
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modifying the database schema or other structural aspects of database |
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objects, such as through use of the Timescale Data Definition Interfaces, |
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in a Timescale Database utilized by such Value Added Products or |
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Services. |
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|
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4. TERMINATION |
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|
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This TSL Agreement will automatically terminate, whether or not You receive |
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notice of such termination from Timescale, in the event You breach any of |
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its terms or conditions. In accordance with Section 6 below, Timescale |
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shall have no liability for any damage, loss, or expense of any kind, |
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whether consequential, indirect, or direct, suffered or incurred by You |
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arising from or incident to the termination of this TSL Agreement, whether |
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or not Timescale has been advised or is aware of any such potential damage, |
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loss, or expense. |
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|
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5. DISCLAIMER OF WARRANTIES |
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|
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TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ALL TIMESCALE SOFTWARE |
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PROVIDED UNDER THIS TSL AGREEMENT, INCLUDING ALL PORTIONS OF THE TIMESCALE |
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SOFTWARE SUPPLIED ON A TRIAL BASIS, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF |
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ANY KIND AND TIMESCALE DISCLAIMS ALL SUCH WARRANTIES, WHETHER EXPRESS, |
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STATUTORY, OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF |
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MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR |
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NON-INFRINGEMENT, AND ANY IMPLIED WARRANTIES ARISING FROM USAGE OF TRADE, |
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COURSE OF DEALING, OR COURSE OF PERFORMANCE. WITHOUT LIMITING THE |
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FOREGOING, TIMESCALE MAKES NO WARRANTY OR REPRESENTATION AS TO THE |
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RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, PROFITABILITY, SUPPORT, |
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PERFORMANCE, LOSS OF USE OR LOSS OF DATA, AVAILABILITY, OR ACCURACY OF THE |
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TIMESCALE SOFTWARE. YOU ACKNOWLEDGE THAT CHANGES MADE BY TIMESCALE TO THE |
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TIMESCALE SOFTWARE MAY DISRUPT INTEROPERATION WITH YOUR VALUE ADDED PRODUCTS |
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OR SERVICES. TIMESCALE AND ITS LICENSORS DO NOT WARRANT THAT THE TIMESCALE |
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SOFTWARE, OR ANY PORTION THEREOF, IS ERROR FREE OR WILL OPERATE WITHOUT |
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INTERRUPTION, OR THAT ANY VALUE ADDED PRODUCT OR SERVICE INTEROPERATING WITH |
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THE TIMESCALE SOFTWARE WILL NOT EXPERIENCE LOSS OF USE OR LOSS OF DATA. YOU |
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ACKNOWLEDGE THAT IN ENTERING INTO THIS TSL AGREEMENT, YOU HAVE NOT RELIED ON |
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ANY PROMISE, WARRANTY, OR REPRESENTATION NOT EXPRESSLY SET FORTH IN THIS |
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AGREEMENT. |
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|
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6. LIMITATION OF LIABILITY |
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|
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TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL |
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TIMESCALE OR ITS LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY |
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DIRECT OR INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOSS OF PROFITS |
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OR REVENUE, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, COST OF COVER |
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OR SUBSTITUTE GOODS OR SERVICES, OR FOR ANY SPECIAL, INCIDENTAL, |
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CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, HOWEVER CAUSED, |
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RELATED TO, OR ARISING OUT OF THIS TSL AGREEMENT, ITS TERMINATION OR THE |
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PERFORMANCE OR FAILURE TO PERFORM THIS TSL AGREEMENT, OR THE USE OR |
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INABILITY TO USE THE TIMESCALE SOFTWARE, WHETHER ALLEGED AS A BREACH OF |
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CONTRACT, BREACH OF WARRANTY, TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, OR ANY |
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OTHER LEGAL THEORY, EVEN IF TIMESCALE HAS BEEN ADVISED OR IS AWARE OF THE |
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POSSIBILITY OF SUCH DAMAGES. |
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|
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7. GENERAL |
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|
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7.1 Complete Agreement. This TSL Agreement completely and exclusively |
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states the entire agreement of the parties regarding the subject matter |
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hereof and supersedes all prior proposals, agreements, or other |
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communications between the parties, oral or written, regarding such subject |
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matter. |
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|
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7.2 Modification. This TSL Agreement may be modified by Timescale from time |
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to time, and any such modifications will be effective upon the "Posted Date" |
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set forth at the top of the modified agreement. The modified agreement shall |
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govern any new version of the TSL Licensed Software (and all its constituent |
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source code and binaries) that is officially released as a complete version |
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release by Timescale on or after such Posted Date. Except as set forth in |
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this Section 7.2, this TSL Agreement may not be amended except by a writing |
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executed by both parties. |
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|
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7.3 Governing Law. This TSL Agreement shall be governed by and construed |
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solely under the laws of the State of New York, without application of any |
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choice of law rules or principles that would lead to the applicability of |
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the law of any other jurisdiction. None of the provisions of either the |
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United Nations Convention on Contracts for the International Sale of Goods |
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or the Uniform Computer Information Transactions Act shall apply. |
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|
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7.4 Unenforceability. If any provision of this TSL Agreement is held |
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unenforceable, the remaining provisions of this TSL Agreement shall remain |
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in effect and the unenforceable provision shall be replaced by an |
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enforceable provision that best reflects the original intent of the parties. |
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|
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7.5 Injunctive Relief. You acknowledge that a breach or threatened breach |
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of any provision of this TSL Agreement will cause irreparable harm to |
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Timescale for which damages at law will not provide adequate relief, and |
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Timescale shall therefore be entitled to injunctive relief against such |
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breach or threatened breach without being required to post a bond. |
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|
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7.6 Assignment. You may not assign this TSL Agreement, including by |
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operation of law in connection with a merger or acquisition or otherwise, |
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in whole or in part, without the prior written consent of Timescale, which |
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Timescale may grant or withhold in its sole and absolute discretion. Any |
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assignment in violation of the preceding sentence is void. |
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|
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7.7 Independent Contractors. The parties to this TSL Agreement are |
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independent contractors and this TSL Agreement does not establish any |
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relationship of partnership, joint venture, employment, franchise, or agency |
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between the parties. |
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|
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7.8 U.S. Government Rights. The Timescale Software and related |
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documentation are "Commercial Items", as that term is defined at 48 |
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C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial |
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Computer Software Documentation," as such terms are used in 48 |
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C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable, and |
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are being licensed to U.S. Government end users (a) only as |
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Commercial Items and (b) with only those rights as are granted to all other |
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end users pursuant to the terms and conditions of this TSL Agreement. |
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|
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