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docs(license): update repo license (#21)
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| Elastic License 2.0 (ELv2) | ||
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| **Acceptance** | ||
| By using the software, you agree to all of the terms and conditions below. | ||
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| **Copyright License** | ||
| The licensor grants you a non-exclusive, royalty-free, worldwide, non-sublicensable, non-transferable license to use, copy, distribute, make available, and prepare derivative works of the software, in each case subject to the limitations and conditions below | ||
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| **Limitations** | ||
| You may not provide the software to third parties as a hosted or managed service, where the service provides users with access to any substantial set of the features or functionality of the software. | ||
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| You may not move, change, disable, or circumvent the license key functionality in the software, and you may not remove or obscure any functionality in the software that is protected by the license key. | ||
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| You may not alter, remove, or obscure any licensing, copyright, or other notices of the licensor in the software. Any use of the licensor’s trademarks is subject to applicable law. | ||
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| **Patents** | ||
| The licensor grants you a license, under any patent claims the licensor can license, or becomes able to license, to make, have made, use, sell, offer for sale, import and have imported the software, in each case subject to the limitations and conditions in this license. This license does not cover any patent claims that you cause to be infringed by modifications or additions to the software. If you or your company make any written claim that the software infringes or contributes to infringement of any patent, your patent license for the software granted under these terms ends immediately. If your company makes such a claim, your patent license ends immediately for work on behalf of your company. | ||
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| **Notices** | ||
| You must ensure that anyone who gets a copy of any part of the software from you also gets a copy of these terms. | ||
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| If you modify the software, you must include in any modified copies of the software prominent notices stating that you have modified the software. | ||
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| **No Other Rights** | ||
| These terms do not imply any licenses other than those expressly granted in these terms. | ||
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| **Termination** | ||
| If you use the software in violation of these terms, such use is not licensed, and your licenses will automatically terminate. If the licensor provides you with a notice of your violation, and you cease all violation of this license no later than 30 days after you receive that notice, your licenses will be reinstated retroactively. However, if you violate these terms after such reinstatement, any additional violation of these terms will cause your licenses to terminate automatically and permanently. | ||
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| **No Liability** | ||
| As far as the law allows, the software comes as is, without any warranty or condition, and the licensor will not be liable to you for any damages arising out of these terms or the use or nature of the software, under any kind of legal claim. | ||
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| **Definitions** | ||
| The *licensor* is the entity offering these terms, and the *software* is the software the licensor makes available under these terms, including any portion of it. | ||
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| *you* refers to the individual or entity agreeing to these terms. | ||
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| *your company* is any legal entity, sole proprietorship, or other kind of organization that you work for, plus all organizations that have control over, are under the control of, or are under common control with that organization. *control* means ownership of substantially all the assets of an entity, or the power to direct its management and policies by vote, contract, or otherwise. Control can be direct or indirect. | ||
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| *your licenses* are all the licenses granted to you for the software under these terms. | ||
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| *use* means anything you do with the software requiring one of your licenses. | ||
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| *trademark* means trademarks, service marks, and similar rights. | ||
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| ------------------------------------------------------------------------------------ | ||
| # Instill Community License Agreement Version 1.0 | ||
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| This Instill Community License Agreement Version 1.0 (the “Agreement”) sets | ||
| forth the terms on which Instill AI, Inc. (“Instill AI”) makes available certain | ||
| software made available by Instill AI under this Agreement (the “Software”). BY | ||
| INSTALLING, DOWNLOADING, ACCESSING, USING OR DISTRIBUTING ANY OF THE SOFTWARE, | ||
| YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO | ||
| SUCH TERMS AND CONDITIONS, YOU MUST NOT USE THE SOFTWARE. IF YOU ARE RECEIVING | ||
| THE SOFTWARE ON BEHALF OF A LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU | ||
| HAVE THE ACTUAL AUTHORITY TO AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT | ||
| ON BEHALF OF SUCH ENTITY. “Licensee” means you, an individual, or the entity on | ||
| whose behalf you are receiving the Software. | ||
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| ### 1. LICENSE GRANT AND CONDITIONS | ||
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| 1.1 License. Subject to the terms and conditions of this Agreement, Instill AI | ||
| hereby grants to Licensee a non-exclusive, royalty-free, worldwide, | ||
| non-transferable, non-sublicensable license during the term of this Agreement | ||
| to: (a) use the Software; (b) prepare modifications and derivative works of the | ||
| Software; (c) distribute the Software (including without limitation in source | ||
| code or object code form); and (d) reproduce copies of the Software (the | ||
| “License”). Licensee is not granted the right to, and Licensee shall not, | ||
| exercise the License for an Excluded Purpose. For purposes of this Agreement, | ||
| “Excluded Purpose” means making available any software-as-a-service, | ||
| platform-as-a-service, infrastructure-as-a-service or other similar online | ||
| service that competes with Instill AI products or services that provide the | ||
| Software. | ||
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| 1.2 Conditions. In consideration of the License, Licensee's distribution of the | ||
| Software is subject to the following conditions: | ||
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| a. Licensee must cause any Software modified by Licensee to carry prominent | ||
| notices stating that Licensee modified the Software. | ||
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| b. On each Software copy, Licensee shall reproduce and not remove or alter all | ||
| Instill AI or third party copyright or other proprietary notices contained in | ||
| the Software, and Licensee must provide the notice below with each copy. | ||
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| “This software is made available by Instill AI, Inc., under the terms of the | ||
| Instill Community License Agreement, Version 1.0 located at | ||
| /instill-community-license. BY INSTALLING, DOWNLOADING, ACCESSING, USING OR | ||
| DISTRIBUTING ANY OF THE SOFTWARE, YOU AGREE TO THE TERMS OF SUCH LICENSE | ||
| AGREEMENT.” | ||
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| c. Licensee shall not circumvent or attempt to circumvent any license key | ||
| functionality or remove/obscure features protected by license keys in the | ||
| Software. | ||
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| 1.3 Licensee Modifications. Licensee may add its own copyright notices to | ||
| modifications made by Licensee and may provide additional or different license | ||
| terms and conditions for use, reproduction, or distribution of Licensee's | ||
| modifications. While redistributing the Software or modifications thereof, | ||
| Licensee may choose to offer, for a fee or free of charge, support, warranty, | ||
| indemnity, or other obligations. Licensee, and not Instill AI, will be | ||
| responsible for any such obligations. | ||
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| 1.4 No Sublicensing. The License does not include the right to sublicense the | ||
| Software; however, each recipient to which Licensee provides the Software may | ||
| exercise the Licenses so long as such recipient agrees to the terms and | ||
| conditions of this Agreement. | ||
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| ### 2. TERM AND TERMINATION | ||
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| This Agreement will continue unless and until earlier terminated as set forth | ||
| herein. If Licensee breaches any of its conditions or obligations under this | ||
| Agreement, this Agreement will terminate automatically and the License will | ||
| terminate automatically and permanently. | ||
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| ### 3. INTELLECTUAL PROPERTY | ||
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| As between the parties, Instill AI will retain all right, title, and interest in | ||
| the Software, and all intellectual property rights therein. Instill AI hereby | ||
| reserves all rights not expressly granted to Licensee in this Agreement. Instill | ||
| AI hereby reserves all rights in its trademarks and service marks, and no | ||
| licenses therein are granted in this Agreement. | ||
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| ### 4. DISCLAIMER | ||
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| INSTILL AI HEREBY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, EXPRESS, | ||
| IMPLIED, STATUTORY, OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ANY WARRANTY OF | ||
| MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE | ||
| SOFTWARE. | ||
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| ### 5. LIMITATION OF LIABILITY | ||
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| INSTILL AI WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT | ||
| LIMITED TO, LOST PROFITS OR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR | ||
| DIRECT DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, ARISING OUT OF | ||
| THIS AGREEMENT. THE FOREGOING SHALL APPLY TO THE EXTENT PERMITTED BY APPLICABLE | ||
| LAW. | ||
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| ### 6. GENERAL | ||
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| 6.1 Governing Law. This Agreement will be governed by and interpreted in | ||
| accordance with the laws of the state of California, without reference to its | ||
| conflict of laws principles. If Licensee is located within the United States, | ||
| all disputes arising out of this Agreement are subject to the exclusive | ||
| jurisdiction of courts located in Santa Clara County, California, USA. If | ||
| Licensee is located outside of the United States, any dispute, controversy, or | ||
| claim arising out of or relating to this Agreement will be referred to and | ||
| finally determined by arbitration in accordance with the JAMS International | ||
| Arbitration Rules. The tribunal will consist of one arbitrator. The place of | ||
| arbitration will be Palo Alto, California. The language to be used in the | ||
| arbitral proceedings will be English. Judgment upon the award rendered by the | ||
| arbitrator may be entered in any court having jurisdiction thereof. | ||
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| 6.2 Assignment. Licensee is not authorized to assign its rights under this | ||
| Agreement to any third party. Instill AI may freely assign its rights under this | ||
| Agreement to any third party. | ||
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| 6.3 Other. This Agreement is the entire agreement between the parties regarding | ||
| the subject matter hereof. No amendment or modification of this Agreement will | ||
| be valid or binding upon the parties unless made in writing and signed by the | ||
| duly authorized representatives of both parties. In the event that any | ||
| provision, including without limitation any condition, of this Agreement is held | ||
| to be unenforceable, this Agreement and all licenses and rights granted | ||
| hereunder will immediately terminate. Waiver by Instill AI of a breach of any | ||
| provision of this Agreement or the failure by Instill AI to exercise any right | ||
| hereunder will not be construed as a waiver of any subsequent breach of that | ||
| right or as a waiver of any other right. |