RavenDB.Embedded 5.2.100 License Info

RavenDB.Embedded 5.2.100

End User License Agreement
for RavenDB Software (the “EULA”)

THIS EULA IS A BINDING LEGAL AGREEMENT. PLEASE CAREFULLY
READ THE FOLLOWING END USER LICENSE AGREEMENT BEFORE
INSTALLING THIS SOFTWARE. BY INSTALLING, COPYING, OR
OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY
THE TERMS OF THIS EULA.

The RavenDB software, and any files that are delivered to you by Hibernating
Rhinos Ltd (via on-line transmission or otherwise) to "patch," update, or
otherwise modify the Software, as well as any printed materials and any online
or electronic documentation (the "Manual"), and any and all copies and
derivative works of such software program and materials (collectively the
"Software") are the copyrighted work of Hibernating Rhinos Ltd, or its
suppliers and licensors (collectively referred to herein as "Licensor"). All use
of the Software is governed by the terms of this EULA. The Software is
distributed solely for use by authorized individuals or entities according to the
terms of the License Agreement. Any use, reproduction or redistribution of the
Software not expressly authorized by the terms of the EULA is expressly
prohibited.

1. License

Subject to the terms and conditions of this Agreement, Licensor allows you to
use the provided client library under the MIT open source license solely in
order to communicate with the RavenDB application and allows you to use all
other RavenDB server software publicly available on the RavenDB website
under the terms of the AGPLv3 license, a copy of which is available at
https://www.gnu.org/licenses/agpl-3.0.en.html.

Notwithstanding the above, upon your receipt of a product license key for the
RavenDB software as a result of your subscription through the RavenDB
website then, during the term that such product license key is effective, your
use of the Software shall no longer be governed by the AGPLv3 but shall
instead be governed by the terms of this EULA, and the specific rights and
scope of the license received will be determined based upon which license
you select to purchase from the Raven DB buy page (the “Buy Page”). All
such licenses grant you the non-exclusive, non-transferable, nonsublicensable
right to use the provided Software and modify non-compiled
source files of the provided Software, all for your own internal commercial purposes,
and subject to the terms and conditions of this Agreement and any other
restrictions and obligations set forth on the Buy Page.
For the sake of clarity it is hereby clarified that for as long as you have effective
license key, you may switch or upgrade to a new released version for no additional
charge, however if such new version comprises additional features that were
not available to you under the current version, then you will be required to pay
the applicable prices under the Buy Page in order to use such new features.
Once your license key expires and you choose not to renew the subscription period,
then you shall no longer be entitled to use RavenDB software under the terms
of this EULA and must delete the software from your servers or otherwise
use it under the terms of the AGPLv3 license, as mentioned above. 


Notwithstanding anything to the contrary in the foregoing paragraph, 
you may host the Software on behalf of your end users solely in conjunction with your 
applications; provided that yours' end users shall not, at any time, access the Software
directly, without a written consent of the Licensor.
For the avoidance of all doubt, if you use a developer license you may be required
to manually renew your license every 6 months (or such other period determined by Licensor),
and manually obtain the applicable certificates for the new period. 

2. Ownership

A. All title, ownership rights and intellectual property rights in and to the
Software and all copies thereof (including, but not limited to, any titles,
computer code, artwork, any related documentation, executable code, shared
libraries, proprietary computer protocols and "applets" incorporated into the
Software) are owned or expressly licensed by Licensor. The Software is
protected by the copyright laws of Israel, international copyright treaties and
conventions, and other laws. The Software may contain certain licensed 
materials, and the licensors of those materials may enforce their rights in the
event of any violation of this EULA.

B. Each license purchased for this Software allows you to use the Software
for your own commercial purposes in accordance with the purchased number
of hardware processing “cores” as indicated on the Buy Page. The Software
may not execute on any cores exceeding the number of permitted cores.

3. Responsibilities of End User

You shall not sublicense or distribute the Software licensed under this EULA
and shall not provide any license keys to any third party. Subject to the grant
of license in this EULA, you may NOT, in whole or in part, copy, photocopy,
reproduce, translate, reverse engineer, derive source code, modify,
disassemble, decompile, or create derivative works based on the Software, or
remove any proprietary notices or labels on the Software, with the exception
of the non-compiled source files provided with the Software, including but not
limited to template files and script files, which may be modified for your own
use. Failure to comply with the restrictions and limitations contained in this
Section 2 shall result in immediate, automatic termination of the EULA,
including the license granted hereunder, and may subject you to civil and/or
criminal liability.

You are responsible for all hosting and operation of the Software. Licensor
may also provide you with a subdomain for use with the Software, but such
Licensor-provided subdomains are not required for the use of the Software.
You should use the subdomain only to host nodes or servers of RavenDB and
not any other servers or services. You are solely responsible for the
subdomain, all content that you may make available under the subdomain,
and all security of the subdomain, and shall indemnify and hold Licensor
harmless for any claims against Licensor or damages incurred by Licensor in
respect of any of the foregoing. You may use the subdomain only in
compliance with applicable law. You shall not host any subdomain that (a)
infringes third party intellectual property rights, (b) violates applicable law, (c)
promotes any criminal actions or (d) contains any hateful, racist, obscene or
otherwise offensive content. Licensor may delete all such subdomains without
notice if Licensor in its reasonable commercial judgment believes that the
subdomain is being used in breach of this Agreement or applicable law.
Licensor may in addition delete any subdomains that are unused for a period
of more than six months. The Software and subdomains are not designed or
certified for use for the operation of, weapons, weapons systems, nuclear
installations, means of mass transportation, aviation, life-support computers or
equipment (including resuscitation equipment and surgical implants), pollution
control, hazardous substances management, or for any other application in
which the failure of the any product, service or system could create a situation
where personal injury or death may occur. Licensor has no liability for any
damages resulting from the use of the Software or subdomains in any of the
foregoing.

4. Payments

You shall make payments as you have agreed on Buy Page. All payments
shall be made without withholding or deduction, except as required by law. If
you are required by law to withhold or deduct any amount from amounts due
hereunder, you shall make payment of such additional amounts as are
required to ensure that Licensor receives the full amount due hereunder as if
no such withholding or deduction was made. Amounts set forth on the Buy
Page do not include applicable taxes or government charges except as may
be expressly set forth therein. Late payments shall bear interest at the lower
of either 1.5% per month or the highest rate permitted under applicable law.
All payments must be made according to instructions provided by Licensor
from time to time.
Licensor may modify the price, content, or nature of the offered subscriptions
at any time. Licensor may provide notice of any such changes by email,
notice to you upon log-in, or by publishing them on the Site.
Licensor may change the fees and charges in effect or add new fees
and charges from time to time to offered subscriptions.

5. Termination

This EULA shall be in effect commencing as of the date that you accept the
terms and conditions hereof and, provided that you make all required
payments, shall continue in effect until the expiration of the indicated term on
the Buy Page (the “Initial Term”). Upon conclusion of the Initial Term, this
EULA shall renew automatically for subsequent periods of one year each
(each a “Renewal Term” and together with the Initial Term, the “Term”).

You may terminate the EULA at any time by (i) removing the Software from
your hard drive; and (ii) notifying Licensor of your intention to terminate this
License Agreement. Licensor may, terminate this EULA immediately in the
event that you fail to comply with the terms and conditions contained herein
(including without limitation any required payment terms) and do not rectify
such non-compliance within 30 days from being notified of such noncompliance.
This EULA will terminate automatically if you fail to make
payment of applicable amounts within 45 days of the due date, and renewal of
this EULA will be subject to renegotiation of applicable pricing terms. Upon
termination of the EULA for any reason, all licenses granted herein shall
immediately terminate, provided that you may continue to use all Software
under the terms of the MIT license (for client libraries) AGPLv3 (for server
software) as set forth in the first paragraph of Section 1 of this EULA, and all
use of the Software following expiration or termination of this Agreement will
be deemed to be under the foregoing terms of the MIT license (for client
libraries) AGPLv3 for server software). No refunds will be provided upon
termination of this EULA for any reason.

6. Limitation of Liability

NEITHER LICENSOR NOR ITS PARENT, SUBSIDIARIES OR AFFILIATES
SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND
RESULTING FROM THE USE OF THE SOFTWARE, INCLUDING, BUT NOT
LIMITED TO, LOSS OF DATA, LOSS OF GOODWILL, INACCRUATE DATA,
WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY
AND ALL OTHER DAMAGES OR LOSSES. FURTHER, LICENSOR SHALL
NOT BE LIABLE IN ANY WAY FOR THE LOSS OR DAMAGE TO PRODUCT
DATA, LAYOUTS, TEMPLATES, ARTWORK, PRICING AND OTHER
INFORMATION STORED BY THE SOFTWARE. LICENSOR SHALL NOT BE
RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE, INCLUDING,
BUT NOT LIMITED TO, ISP DISRUPTIONS, SOFTWARE OR HARDWARE 
FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF
DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL LICENSOR BE
LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY OR CONSEQUENTIAL DAMAGES. The above disclaimers of
liability shall apply to the extent permissible under applicable law. Licensor
has no liability or responsibility for any version of the Software that you have
modified.

7. Equitable Remedies

You hereby agree that Licensor would be irreparably damaged if the terms of
this EULA were not specifically enforced, and therefore you agree that
Licensor shall be entitled, without bond, other security, or proof of damages,
to appropriate equitable remedies with respect to breaches of this EULA, in
addition to such other remedies as Licensor may otherwise have available to
it under applicable laws. In the event any litigation is brought by either party in
connection with this EULA, the prevailing party in such litigation shall be
entitled to recover from the other party all the costs, attorneys' fees and other
expenses incurred by such prevailing party in the litigation.

8. Support

Hibernating Rhinos Ltd provides support for customer who purchased the support options
shown at: https://ravendb.net/support. Any support will be provided  pursuant to 
the Support Policy which is incorporated by reference into this EULA and which may be 
amended from time to time.

9. Changes to the Agreement

Hibernating Rhinos Ltd reserves the right, at its sole discretion, to change,
modify, add to, supplement or delete any of the terms and conditions of this
EULA when Hibernating Rhinos Ltd upgrades the Software, effective upon
prior notice as follows: Hibernating Rhinos Ltd will post notification of any
such changes to this EULA on the HibernateRhinos.com website and will post
the revised version of this EULA in this location, and may provide such other
notice as Hibernating Rhinos Ltd may elect in its sole discretion, which may
include by email, postal mail or pop-up screen. If any future changes to this
EULA are unacceptable to you or cause you to no longer be in compliance
with this EULA, you may terminate this EULA in accordance with Section 5
herein. Your installation and use of any updated or modifications to the
Software following notice of changes to this EULA as described above will
mean you accept any and all such changes. Hibernating Rhinos Ltd may
change, modify, suspend, or discontinue any aspect of the Software at any
time. Hibernating Rhinos Ltd may also impose limits on certain features or
restrict your access to parts or all of the Software without notice or liability.
You have no interest, monetary or otherwise, in any feature or content
contained in the Software.

10. Miscellaneous

This EULA shall be deemed to have been made and executed in Israel
without regard to conflicts of law provisions, and any dispute arising
hereunder shall be resolved in accordance with the laws of the State of Israel
in the competent courts of Tel Aviv, Israel. Notwithstanding the foregoing, 
Licensor may seek an injunction or other interim equitable relief in any court of
competent jurisdiction. You agree that any claim asserted in any legal
proceeding by one of the parties against the other shall be commenced and
maintained in Israel, having subject matter jurisdiction with respect to the
dispute between the parties. In the event that any provision of this EULA shall
be held by a court or other tribunal of competent jurisdiction to be
unenforceable, such provision will be enforced to the maximum extent
permissible, and the remaining portions of this EULA shall remain in full force
and effect. This EULA constitutes and contains the entire agreement between
the parties with respect to the subject matter hereof and supersedes any prior
oral or written agreements. Licensor may assign its rights hereunder to any
third party upon notice to you. You may not assign all of your rights and
obligations hereunder to any third party without Licensor’s prior written
consent, except that such consent shall not be required for the assignment of
all of your rights and obligations hereunder to a purchaser of all or
substantially all of your assets or share capital, or which is otherwise a
successor to your business, provided that a senior officer of the successor
entity provides Licensor with notice of the assignment, appropriate billing
information, and a written commitment to satisfy all obligations hereunder
including all payment obligations. Assignments in violation of the foregoing
shall be void.

RIGHT OF PUBLICITY. Licensee expressly and irrevocably grants and permits the Licensor 
with the right to use its business name, logo and trademarks for display and show by Licensor 
on HR’s webpages or in any other medium. Licensee further agrees to allow Licensor to use its 
name, logo and URL on other advertisements, promotional materials and related collateral ("Marketing Uses"), 
including without limitation, for the purpose of demonstrating the usage of the Software 
by Licensee on its systems.

11. U.S. Government Restricted Rights

If the Software is acquired by or on behalf of any Executive Agency (other
than an agency within the Department of Defense (DoD), the Government
acquires, in accordance with FAR 12.211 (Technical Data) and FAR 12.212
(Computer Software), only those rights in technical data and software
customarily provided to the public as set forth in this Agreement. If acquired
by or on behalf of any Executive Agency within the DoD, the Government
acquires, in accordance with DFARS 227.7202-3 (Rights in commercial
computer software or commercial computer software documentation), only
those rights in technical data and software customarily provided in this
Agreement. In addition, DFARS 252.227-7015 (Technical Data – Commercial
Items) applies to technical data acquired by DoD agencies. Any Federal
Legislative or Judicial Agency will obtain only those rights in technical data
and software customarily provided to the public as defined in this EULA.