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saifeddineghouma
GitHub Repository: saifeddineghouma/neoclipse
Path: blob/master/org.neo4j.neoclipse/LICENSE.txt
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Neoclipse - Graph database tool
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Copyright (c) 2008-2011 "Neo Technology," Network Engine for Objects in Lund AB
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This product includes software developed at "Neo Technology," Network Engine for
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Objects in Lund AB (http://neotechnology.com).
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The bundled graph database engine Neo4j is copyright "Neo Technology," Network
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Engine for Objects in Lund AB and licensed under the Neo4j Software License for
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Neoclipse, version 1.0 or later.
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The bundled Apache Geronimo JTA library is copyright The Apache Software
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Foundation (http://www.apache.org/) under the Apache License version 2.0.
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Eclipse platform support is provided by various libraries,
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licensed under the Eclipse Public License,
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(http://www.eclipse.org/legal/epl-v10.html)
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The libraries include:
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org.eclipse.*, org.mortbay.jetty, org.junit, org.apache.*,
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javax.servlet, javax.servlet.jsp, com.ibm.icu
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On the Linux platform, there are additional libraries included:
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Cairo for Linux is copyright The Cairo Project (http://cairographics.org/)
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under the Mozilla Public License Version 1.1. Libpixregion is copyright
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The Open Group and Digital Equipment Corporation, Maynard, Massachusetts
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under the MIT license. Libic is copyright 2001 Keith Packard under the
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MIT license. Slim is copyright Richard Henderson under the MIT license.
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Neo4j Software License for Neoclipse. Version 1.0
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This Software License Agreement (“Agreement”) is entered into between any
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individual or legal entity (“Customer”) exercising permissions granted by this
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license (“License”) and Network Engine for Objects in Lund AB (“Neo
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Technology”). Neo Technology and Customer are hereinafter also individually
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referred to as “Party” and collectively as “Parties”.
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Neo Technology has created the Neoclipse standalone software application, which
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aims to provide support for the development of Neo4j applications. Neoclipse
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contains the bundled graph database engine Neo4j (”Product”). Under this
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License, Neo Technology grants to Customer a commercial perpetual license to the
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Product only for Customer’s use together with Neoclipse subject to the terms and
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conditions in this Agreement.
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1. Grant. Neo Technology grants to Customer a royalty free, perpetual,
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non-exclusive and non-transferable license to run and use Product only as
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bundled or otherwise together with an unmodified version of Neoclipse as from
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time to time can be downloaded from Neo Technology’s website
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http://neo4j.org/download. Customer may not under this License modify or create
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derivative works of Product or use Product in its original or any modified
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version, together with any other product than an unmodified version of Neoclipse
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or for any other purpose. For any other use of the Product than as bundled or
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otherwise together with an unmodified version of Neoclipse, please contact Neo
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Technology [email protected].
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2. Term. The term of this Agreement commences upon Customer’s download of
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Neoclipse or Customer’s use of any or all parts of the source code or binary
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code of Neoclipse, whichever is first and shall continue in full force and
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effect in perpetuity, unless terminated in accordance with Section 7 below.
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3. No Support and Maintenance. Neo Technology shall not be obligated to
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provide the Customer with any Support Services regarding the Product.
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4. Ownership. Neo Technology owns and retains all right, title and interest in
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and to the Product. Such rights include, but are not limited to, trade secret,
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trademark, service mark, patent and copyright rights. Neo Technology does not
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grant to Customer any other rights or licenses beyond those specifically set
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forth herein.
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5. No Warranty. NEO TECHNOLOGY MAKES NO WARRANTIES TO ANY INDIVIDUAL OR LEGAL
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ENTITY WITH RESPECT TO THE PRODUCT, OR ANY DERIVATIVE WORKS THEREOF, OR ANY
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SERVICES AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION
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WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
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NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
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6. Limitation of Liability. IN NO EVENT, INCLUDING ANY BREACH OF AGREEMENT,
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WARRANTY OR REPRESENTATION MADE HEREUNDER, AND TO THE EXTENT NOT PROHIBITED BY
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APPLICABLE LAW NEO TECHNOLOGY SHALL HAVE NO LIABILTY WHATSOEVER IN RELATION TO
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THE CUSTOMER FOR CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, WHETHER
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FOR BREACH OR IN TORT (INCLUDING NEGLIGENCE). IN ANY CASE AND FOR NO REASON,
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NEO TECHNOLOGY WILL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL,
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INCIDENTAL, OR CONSEQUENTIAL DAMAGE IN CONNECTION WITH OR ARISING OUT OF OR
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RELATING TO THIS AGREEMENT (INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS, USE,
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DATA, OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER FOR BREACH OR IN
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TORT (INCLUDING NEGLIGENCE), EVEN IF THAT PARTY HAS BEEN PREVIOUSLY ADVISED OF
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THE POSSIBILITY OF SUCH DAMAGE. LIABILITY FOR DAMAGES SHALL BE LIMITED AND
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EXCLUDED, EVEN IF ANY EXCLUSIVE REMEDY PROVIDED FOR IN THIS AGREEMENT FAILS OF
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ITS ESSENTIAL PURPOSE.
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7. Premature termination. The Agreement may be terminated immediately by
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either Party by notice in writing in case: a) the other Party commits a material
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breach of any provision of the Agreement and fails to rectify such breach within
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thirty (30) days after notification thereof from the suffered Party; or b) the
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other Party commits a non-remedial material breach of any provision of the
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Agreement; or c) the other Party becomes insolvent, ceases its operations,
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dissolves, files for bankruptcy or bankruptcy protection, appoints receivers, or
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enters into an arrangement for the benefit of creditors.
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8. Consequences upon termination. In event of termination of the Agreement,
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Customer’s right to use the Product shall automatically expire upon the day of
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termination. Within thirty (30) days from the day of termination, the Customer
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shall: a) return or, if not possible, delete and destroy all copies of Product
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from all computer systems and storage media and return to Neo Technology any and
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all material relating to the Product and copies of the documentation, including
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manuals, signs and all other such material provided hereunder; and b) deliver to
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Neo Technology all items within the Customer’s possession or control that
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contains confidential information proprietary to Neo Technology or otherwise
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provided by Neo Technology hereunder, and c) certify in writing that the
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Customer has complied with the obligations hereunder.
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Notwithstanding any termination of the Agreement the provisions of Article 4
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(Ownership), 5 (No Warranty), 6 (Limitation of Liability), 8 (Consequences upon
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termination) and 9 (Governing Law, Disputes) shall survive termination as well
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as any other term or condition which by its nature is clearly intended to
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survive termination of this Agreement.
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9. Governing Law, Disputes. This Agreement shall be governed by and construed
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under the laws of Sweden, irrespective of its choice of law provisions. Any
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dispute, controversy or claim arising out of or in connection with this
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Agreement, or the breach, termination or invalidity thereof, shall be finally
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settled by arbitration administered by the Arbitration Institute of the
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Stockholm Chamber of Commerce (“the SCC”). The Rules for Expedited Arbitrations
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of the Arbitration Institute of the Stockholm Chamber of Commerce shall apply,
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unless the SCC, taking into account the complexity of the case, the amount in
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dispute and other circumstances, determines, in its discretion, that the
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Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of
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Commerce shall apply. In the latter case, the SCC shall also decide whether the
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arbitral tribunal shall be composed of one or three arbitrators. The seat of
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arbitration shall be Stockholm, Sweden. The language to be used in the arbitral
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proceedings shall be English.
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10. Entire Agreement. This Agreement shall constitute the entire agreement
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between the Parties with respect to the subject matter hereof and merges all
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prior and contemporaneous communications. It shall not be modified except by a
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written agreement signed on behalf of the Parties by their respective duly
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authorized representatives.
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11. No Joint Venture. The Parties are independent contractors and nothing in
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this Agreement shall be deemed to create a de facto corporation, agency,
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partnership or joint venture relationship. Neither Party shall have the right
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to act for the other Party or to bind or commit other Party in any way.
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12. Assignment. Neither this Agreement, nor any rights, licenses nor
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obligations hereunder, may be assigned by either Party without the prior written
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approval and consent of the other Party. Notwithstanding the foregoing, either
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Party may assign this Agreement or the licenses granted hereunder to any
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acquirer of all or of substantially all of such Party's assets or business or
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equity securities, who consents in writing to be bound by the terms of this
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Agreement. In the event this Agreement is assigned to an acquirer, the licenses
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granted hereunder will be limited to those deployed at the closing of the
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acquisition.
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