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LICENSE-rsal.txt
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PLAIN ENGLISH DESCRIPTION of the Rampart Source Available License:
The following plain English description of the License is for illustrative
purposes only.
The text below "The Rampart Source Available License" is the
controlling and binding agreement.
The license described below applies solely to the use of the "rampart-sql.so"
module and the accompanying Texis Library and utilities. This includes
loading of the module via "require('rampart-sql')", the "tsql", "addtable",
"kdbfchk", "rex" and "metamorph" executables.
The other portions of Rampart, including the main "rampart" executable and
the other accompanying modules are licensed under various permissive open
source licenses.
The driving idea behind this document is that if you are making money using
the Texis library, we would like you to purchase a Commercial License.
However if you are trying it out, or making a project for personal or
non-profit use, or using it in a limited capacity to support your business
in a manner that is incidental to that business, we want you to be able to
do so without the bother of maintaining a commercial (paid-for) license.
There are three basic licenses you may choose from:
1) A Maker's License: Non commercial and student/instructor use. Free of
charge.
2) A Mom and Pop License: Meant for small for-profit organizations or for
larger organizations to sample the Software. It is limited to a single
computer running the Software on no more than 4 Cores. It is also
free of charge.
3) A Full Commercial License. Details of cost per CPU Core are available
on our website at https://rampart.dev/ .
* Note that we require that your usage under the two free licenses do not
compete with our company or the services it provides. This includes any
SAAS (software as a service) implementations.
* Note also that although the source of the Texis Library is available, any
changes made to said source may be used internally by you or your
organization only. Distribution of changes are not allowed.
Parts of this license are inspired by, based upon or copied from the
PolyForm Noncommercial License (at
https://polyformproject.org/licenses/noncommercial/1.0.0/).
--------------------------------------------------------------------------------
BEGIN LICENSE
The Rampart Source Available License.
This License applies to the Texis Library and accompanying utilities in
binary or compiled form (and as linked in the "rampart-sql.so" module or
available as separate executables) as well as the Texis Library source code.
This License covers, but is not limited to, loading of the SQL module via
"require('rampart-sql')", the "tsql", "addtable", "kdbfchk", "rex" and
"metamorph" executables.
This Agreement sets forth the terms on which Moat Crossing Systems, LLC and
Thunderstone Software LLC (herein the Licensors) make available 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.
1. License Grant. Licensors grants you (at your option one of the following):
a. A Free Non-Commercial License:
i) The Licensor grants you a copyright license for the Software to do
everything you might do with the Software that would otherwise
infringe the licensor’s copyright in it for any Permitted
Purpose. However, you may only distribute the Software according
to Distribution License and make changes or new works based on
the Software according to Changes and New Works License.
ii) Personal Uses:
Personal Use for research, experiment, and testing for the
benefit of public knowledge, personal study, private
entertainment, hobby projects, amateur pursuits, or religious
observance, without any anticipated commercial application, is
Use for a Permitted Purpose.
iii) Noncommercial Organizations:
Use by any charitable organization, public research
organization, public safety or health organization, or
environmental protection organization (herein collectively
Noncommercial Organization) is Use for a Permitted Purpose
regardless of the source of funding or obligations resulting
from the funding. Excluded are Uses primarily intended for or
directed toward commercial advantage or monetary compensation
by the Noncommercial Organization, its Affiliates or any third
party.
iv) Non-Compete:
Uses that provide to others any Product that competes with the
Software or any Product the Licensor or any of its affiliates
provides using the Software are EXCLUDED as Permitted Uses.
v) Software as a Service:
Uses to provide services for third parties that are
substantially similar to that provided by the Texis Library
are EXCLUDED as Permitted Uses.
vi) Educational Uses:
Use by any educational institution or the instructors and
students therein for the purposes of instruction, research,
experiment and testing for the benefit of public knowledge,
without any anticipated commercial application, is Use for a
Permitted Purpose. Not included in Uses for a Permitted
Purpose is use by an educational institution, its instructors
or students is Infrastructure or Administrative Use.
vii) CPU Core Limitations: Use on any number of CPU Cores is a
Permitted Purpose.
b. A Free Limited Commercial License for small business Use or for
evaluation purposes:
i) The licensor grants you a copyright license for the Software to do
everything you might do with the Software that would otherwise
infringe the licensor’s copyright in it for any Permitted
Purpose. However, you may only distribute the Software according
to Distribution License and make changes or new works based on
the Software according to Changes and New Works License.
ii) Commercial Purposes:
Any purpose including Uses whose primarily intended for or
directed toward commercial advantage or monetary compensation
is a Permitted Purpose.
iii) Non-Compete:
Uses that provide to others any Product that competes with the
Software or any Product the Licensor or any of its affiliates
provides using the Software are EXCLUDED as Permitted Uses.
iv) CPU Core Limitation:
Limited Commercial Use is limited to one CPU per individual or
Company. Each CPU may use the Software on a maximum of 4 CPU
Cores concurrently or simultaneously.
c. A Commercial License:
i) The Licensor grants you a copyright license for the Software to do
everything you might do with the Software that would otherwise
infringe the licensor’s copyright in it for any Permitted
Purpose. However, you may only distribute the Software according
to Distribution License and make changes or new works based on
the Software according to Changes and New Works License.
ii) Commercial purposes:
Any purpose including Uses whose primarily intended for or
directed toward commercial advantage or monetary compensation
is a Permitted Purpose.
iii) CPU Core Limitation:
Commercial Use is limited to the number of CPU Cores as
purchased and specified in your subscription or purchase
agreement. Use of the specified number of Cores is the limit
of CPU Cores in concurrent, simultaneous Use by the
Licensed Software.
iv) Purchase Agreement:
This Commercial License is valid only with an accompanying
subscription or purchase agreement.
2. Notices: You must ensure that anyone who receives a copy of any part of the
Software from you also receives a plain text copy of these terms.
3. Distribution License:
The licensor grants you an additional copyright license to distribute
copies of the Software under this license. Your license to distribute
covers distributing the Software without changes to the source or
binary material.
4. Changes and New Works License:
The licensor grants you an additional copyright license to make changes
and new works based on the Software for internal Use only. Any changes
made by you may NOT be distributed under the Distribution license above.
5. Term of Agreement. The License will terminate automatically if you fail
to comply with any of the limitations or other requirements described
herein. If Licensed under a subscription, License will expire on the
termination date specified in your agreement, if not operating under a
new or renewed license. If your License has expired, you shall cease
all Use of the Software and destroy all copies, full or partial of the
Software. Under the Commercial License in paragraph 1c above, other
limitations to the terms of the agreement may be specified in the
accompanying purchase or subscription agreement.
6. Ownership Rights. The Software and related documentation are protected
by United States copyright laws and international treaties. Licensors,
third party component providers and open source component providers own
and retain all right, title and interest in and to the Software and
related documentation, including all copyrights, patents, trade secret
rights, trademarks and other intellectual property rights therein.
7. Exclusion of Warranties. THE SOFTWARE IS PROVIDED TO YOU “AS IS”,
AND ANY USE BY YOU OF THE SOFTWARE WILL BE AT YOUR SOLE RISK.
LICENSORS MAKES NO WARRANTIES RELATING TO THE SOFTWARE AND EXPRESSLY
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE.
8. Limitation of Liability. IN NO EVENT SHALL LICENSORS BE LIABLE FOR ANY
INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER,
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF
DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES,
ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE
SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY
(CONTRACT, TORT OR OTHERWISE) AND EVEN IF LICENSORS HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
9. Governing Law. This Agreement is governed by the law of the State of
Delaware, U.S.A., without reference to conflict of laws principles. The
application of the United Nations Convention of Contracts for the
International Sale of Goods is expressly excluded.
10. Assignment/Transfers. You may not assign or transfer this Agreement, in
whole or in part, without Licensors’ prior written consent, except
under the terms of this License. Any other attempted assignment or
transfer in violation of this Section will be null and void.
11. Third Party Acknowledgements
a) Aspects of the Software utilize or include third party Software and
other copyrighted material. Acknowledgements, licensing terms and
disclaimers for such material are available for the third party
Software in the respective source directories and/or documentation, and
your use of such material is governed by their respective terms.
b) The Software includes certain Software provided under various Open
Source licenses. Open Source Software is distributed WITHOUT ANY
WARRANTY, without even the implied warranty of MERCHANTABILITY or
FITNESS FOR A PARTICULAR PURPOSE.
12. Severability. If any provision of this Agreement is held invalid,
illegal or unenforceable, the validity, legality and enforceability of
any of the remaining provisions of this Agreement shall not in any way
be affected or impaired.
13. Entire Agreement. With the exception of an accompanying purchase or
subscription agreement provided by Licensors, this Agreement is the
entire agreement between you and Licensors concerning the Software and
all related documentation and supersedes any other prior or
contemporaneous agreements or communications with respect to the
Software and related documentation, whether written or oral.
DEFINITIONS:
* Software is the software, binaries and source code the Licensor makes
available under these terms.
* A Product can be a good or service, or a combination of them.
* You refers to the individual or entity agreeing to these terms.
* Company is any legal entity, sole proprietorship, or other kind of
organization that you work for, plus any and all of its affiliates.
* CPU Core is an individual processing unit within the Central Processing Unit
of a computer, server or other computing device. Limits per CPU Core
apply to the maximum number of CPU Cores in use at any given time by the
Software.
* Affiliates means the other organizations that an organization has control
over, is under the control of, or is under common control with.
* Control means an ownership interst the assets of an entity, or the
power to direct or influence its management and policies by vote,
contract, or otherwise. Control can be direct or indirect and may be an
interest that is not voting or if voting, not a majority or controlling
or deciding interest.
* Infrastructure Use is any use of a Product by an organization or institution which
supports administrative or public facing distribution of information.
* Your Licenses are all the licenses granted to you for the Software under these terms.
* Use means anything you do with the Software requiring one of your Licenses.
* Permitted Purpose or Permitted Use are purposes and/or uses as defined in sections 1a,
1b or 1c (respectively for each license) of this document.
END LICENSE