Path: blob/master/org.neo4j.neoclipse/LICENSE.txt
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Neoclipse - Graph database tool12Copyright (c) 2008-2011 "Neo Technology," Network Engine for Objects in Lund AB34This product includes software developed at "Neo Technology," Network Engine for5Objects in Lund AB (http://neotechnology.com).67The bundled graph database engine Neo4j is copyright "Neo Technology," Network8Engine for Objects in Lund AB and licensed under the Neo4j Software License for9Neoclipse, version 1.0 or later.1011The bundled Apache Geronimo JTA library is copyright The Apache Software12Foundation (http://www.apache.org/) under the Apache License version 2.0.1314Eclipse platform support is provided by various libraries,15licensed under the Eclipse Public License,16(http://www.eclipse.org/legal/epl-v10.html)17The libraries include:18org.eclipse.*, org.mortbay.jetty, org.junit, org.apache.*,19javax.servlet, javax.servlet.jsp, com.ibm.icu20On the Linux platform, there are additional libraries included:21Cairo for Linux is copyright The Cairo Project (http://cairographics.org/)22under the Mozilla Public License Version 1.1. Libpixregion is copyright23The Open Group and Digital Equipment Corporation, Maynard, Massachusetts24under the MIT license. Libic is copyright 2001 Keith Packard under the25MIT license. Slim is copyright Richard Henderson under the MIT license.2627Neo4j Software License for Neoclipse. Version 1.02829This Software License Agreement (“Agreement”) is entered into between any30individual or legal entity (“Customer”) exercising permissions granted by this31license (“License”) and Network Engine for Objects in Lund AB (“Neo32Technology”). Neo Technology and Customer are hereinafter also individually33referred to as “Party” and collectively as “Parties”.3435Neo Technology has created the Neoclipse standalone software application, which36aims to provide support for the development of Neo4j applications. Neoclipse37contains the bundled graph database engine Neo4j (”Product”). Under this38License, Neo Technology grants to Customer a commercial perpetual license to the39Product only for Customer’s use together with Neoclipse subject to the terms and40conditions in this Agreement.41421. Grant. Neo Technology grants to Customer a royalty free, perpetual,43non-exclusive and non-transferable license to run and use Product only as44bundled or otherwise together with an unmodified version of Neoclipse as from45time to time can be downloaded from Neo Technology’s website46http://neo4j.org/download. Customer may not under this License modify or create47derivative works of Product or use Product in its original or any modified48version, together with any other product than an unmodified version of Neoclipse49or for any other purpose. For any other use of the Product than as bundled or50otherwise together with an unmodified version of Neoclipse, please contact Neo51Technology [email protected].52532. Term. The term of this Agreement commences upon Customer’s download of54Neoclipse or Customer’s use of any or all parts of the source code or binary55code of Neoclipse, whichever is first and shall continue in full force and56effect in perpetuity, unless terminated in accordance with Section 7 below.57583. No Support and Maintenance. Neo Technology shall not be obligated to59provide the Customer with any Support Services regarding the Product.60614. Ownership. Neo Technology owns and retains all right, title and interest in62and to the Product. Such rights include, but are not limited to, trade secret,63trademark, service mark, patent and copyright rights. Neo Technology does not64grant to Customer any other rights or licenses beyond those specifically set65forth herein.66675. No Warranty. NEO TECHNOLOGY MAKES NO WARRANTIES TO ANY INDIVIDUAL OR LEGAL68ENTITY WITH RESPECT TO THE PRODUCT, OR ANY DERIVATIVE WORKS THEREOF, OR ANY69SERVICES AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION70WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND71NON-INFRINGEMENT OF THIRD PARTY RIGHTS.72736. Limitation of Liability. IN NO EVENT, INCLUDING ANY BREACH OF AGREEMENT,74WARRANTY OR REPRESENTATION MADE HEREUNDER, AND TO THE EXTENT NOT PROHIBITED BY75APPLICABLE LAW NEO TECHNOLOGY SHALL HAVE NO LIABILTY WHATSOEVER IN RELATION TO76THE CUSTOMER FOR CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, WHETHER77FOR BREACH OR IN TORT (INCLUDING NEGLIGENCE). IN ANY CASE AND FOR NO REASON,78NEO TECHNOLOGY WILL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL,79INCIDENTAL, OR CONSEQUENTIAL DAMAGE IN CONNECTION WITH OR ARISING OUT OF OR80RELATING TO THIS AGREEMENT (INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS, USE,81DATA, OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER FOR BREACH OR IN82TORT (INCLUDING NEGLIGENCE), EVEN IF THAT PARTY HAS BEEN PREVIOUSLY ADVISED OF83THE POSSIBILITY OF SUCH DAMAGE. LIABILITY FOR DAMAGES SHALL BE LIMITED AND84EXCLUDED, EVEN IF ANY EXCLUSIVE REMEDY PROVIDED FOR IN THIS AGREEMENT FAILS OF85ITS ESSENTIAL PURPOSE.86877. Premature termination. The Agreement may be terminated immediately by88either Party by notice in writing in case: a) the other Party commits a material89breach of any provision of the Agreement and fails to rectify such breach within90thirty (30) days after notification thereof from the suffered Party; or b) the91other Party commits a non-remedial material breach of any provision of the92Agreement; or c) the other Party becomes insolvent, ceases its operations,93dissolves, files for bankruptcy or bankruptcy protection, appoints receivers, or94enters into an arrangement for the benefit of creditors.95968. Consequences upon termination. In event of termination of the Agreement,97Customer’s right to use the Product shall automatically expire upon the day of98termination. Within thirty (30) days from the day of termination, the Customer99shall: a) return or, if not possible, delete and destroy all copies of Product100from all computer systems and storage media and return to Neo Technology any and101all material relating to the Product and copies of the documentation, including102manuals, signs and all other such material provided hereunder; and b) deliver to103Neo Technology all items within the Customer’s possession or control that104contains confidential information proprietary to Neo Technology or otherwise105provided by Neo Technology hereunder, and c) certify in writing that the106Customer has complied with the obligations hereunder.107108Notwithstanding any termination of the Agreement the provisions of Article 4109(Ownership), 5 (No Warranty), 6 (Limitation of Liability), 8 (Consequences upon110termination) and 9 (Governing Law, Disputes) shall survive termination as well111as any other term or condition which by its nature is clearly intended to112survive termination of this Agreement.1131149. Governing Law, Disputes. This Agreement shall be governed by and construed115under the laws of Sweden, irrespective of its choice of law provisions. Any116dispute, controversy or claim arising out of or in connection with this117Agreement, or the breach, termination or invalidity thereof, shall be finally118settled by arbitration administered by the Arbitration Institute of the119Stockholm Chamber of Commerce (“the SCC”). The Rules for Expedited Arbitrations120of the Arbitration Institute of the Stockholm Chamber of Commerce shall apply,121unless the SCC, taking into account the complexity of the case, the amount in122dispute and other circumstances, determines, in its discretion, that the123Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of124Commerce shall apply. In the latter case, the SCC shall also decide whether the125arbitral tribunal shall be composed of one or three arbitrators. The seat of126arbitration shall be Stockholm, Sweden. The language to be used in the arbitral127proceedings shall be English.12812910. Entire Agreement. This Agreement shall constitute the entire agreement130between the Parties with respect to the subject matter hereof and merges all131prior and contemporaneous communications. It shall not be modified except by a132written agreement signed on behalf of the Parties by their respective duly133authorized representatives.13413511. No Joint Venture. The Parties are independent contractors and nothing in136this Agreement shall be deemed to create a de facto corporation, agency,137partnership or joint venture relationship. Neither Party shall have the right138to act for the other Party or to bind or commit other Party in any way.13914012. Assignment. Neither this Agreement, nor any rights, licenses nor141obligations hereunder, may be assigned by either Party without the prior written142approval and consent of the other Party. Notwithstanding the foregoing, either143Party may assign this Agreement or the licenses granted hereunder to any144acquirer of all or of substantially all of such Party's assets or business or145equity securities, who consents in writing to be bound by the terms of this146Agreement. In the event this Agreement is assigned to an acquirer, the licenses147granted hereunder will be limited to those deployed at the closing of the148acquisition.149150151152