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| Business Source License 1.1 | ||
| License text copyright © 2017 MariaDB Corporation Ab, All Rights Reserved. "Business Source License" is a trademark of MariaDB Corporation Ab. | ||
| # Convoy Software End User License Agreement (EULA) | ||
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| Additional Use Grant | ||
| **Effective Date:** March 4th, 2024 | ||
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| The licensee may use this code in production if they have an active subscription from Performave. However, the licensee must remain within the limits defined by the subscription. | ||
| **License Grantor:** Performave | ||
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| Change License | ||
| ## 1. Acceptance of Terms | ||
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| GNU GENERAL PUBLIC LICENSE | ||
| Version 3, 29 June 2007 | ||
| By installing, copying, downloading, accessing, or otherwise using the Convoy Panel software ("Software"), you agree to | ||
| be bound by the terms of this End User License Agreement ("EULA"). If you do not agree to the terms of this EULA, do not | ||
| install or use the Software. | ||
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| Terms | ||
| ## 2. License Grant | ||
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| The Licensor hereby grants you the right to copy, modify, create derivative works, redistribute, and make non-production use of the Licensed Work. The Licensor may make an Additional Use Grant, above, permitting limited production use. | ||
| ### 2.1 Personal Use License | ||
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| Effective on the Change Date, or the fourth anniversary of the first publicly available distribution of a specific version of the Licensed Work under this License, whichever comes first, the Licensor hereby grants you rights under the terms of the Change License, and the rights granted in the paragraph above terminate. | ||
| Performave grants you a non-exclusive, non-transferable, free license to download, install, and use the Software for | ||
| personal, non-commercial purposes, provided that you comply with all the terms and conditions of this EULA. | ||
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| If your use of the Licensed Work does not comply with the requirements currently in effect as described in this License, you must purchase a commercial license from the Licensor, its affiliated entities, or authorized resellers, or you must refrain from using the Licensed Work. | ||
| ### 2.2 Enterprise License | ||
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| All copies of the original and modified Licensed Work, and derivative works of the Licensed Work, are subject to this License. This License applies separately for each version of the Licensed Work and the Change Date may vary for each version of the Licensed Work released by Licensor. | ||
| If you wish to use the Software for commercial purposes, including but not limited to production environments, business | ||
| operations, or any activity intended for profit, you must subscribe to an Enterprise License. The Enterprise License is | ||
| subscription-based, and the fees are based on the number of nodes on which the Software is used. The specific terms, | ||
| including the fee structure and the number of nodes allowed, will be determined at the time of the subscription. Each | ||
| license permits the use of the Software on the number of nodes paid for and is non-transferable. | ||
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| You must conspicuously display this License on each original or modified copy of the Licensed Work. If you receive the Licensed Work in original or modified form from a third party, the terms and conditions set forth in this License apply to your use of that work. | ||
| ### 2.3 Non-Profit Organization License | ||
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| Any use of the Licensed Work in violation of this License will automatically terminate your rights under this License for the current and all other versions of the Licensed Work. | ||
| Non-profit organizations, upon providing proof of 501(c)(3) registration or its equivalent, are granted a non-exclusive, | ||
| non-transferable license to use the Software for free. The Software may be used for the organization's operational | ||
| purposes, subject to the terms and conditions of this EULA. | ||
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| This License does not grant you any right in any trademark or logo of Licensor or its affiliates (provided that you may use a trademark or logo of Licensor as expressly required by this License). | ||
| ### 2.4 Partnership Licenses | ||
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| TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED WORK IS PROVIDED ON AN "AS IS" BASIS. LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE. | ||
| Licenses obtained through partnerships or negotiations with Performave are valid as per the agreements made during such | ||
| negotiations. These licenses are subject to the specific terms agreed upon and must also adhere to the general terms and | ||
| conditions of this EULA. | ||
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| MariaDB hereby grants you permission to use this License's text to license your works, and to refer to it using the trademark "Business Source License", as long as you comply with the Covenants of Licensor below. | ||
| ### 2.5 Insider License | ||
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| Covenants of Licensor | ||
| Performave may grant an Insider License to individuals recruited specifically for testing new versions or features of | ||
| the Software. This license includes a waiver of fees associated with the use of the Software during the testing period. | ||
| Testers are expected to be available to test the Software as required and provide feedback to Performave. Performave | ||
| reserves the right to revoke this license at any time at its discretion, including for lack of participation or if the | ||
| tester's needs no longer align with the testing program's objectives. | ||
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| In consideration of the right to use this License's text and the "Business Source License" name and trademark, Licensor covenants to MariaDB, and to all other recipients of the licensed work to be provided by Licensor: | ||
| ## 3. Legal Use Requirement | ||
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| 1. To specify as the Change License the GPL Version 2.0 or any later version, or a license that is compatible with GPL Version 2.0 or a later version, where "compatible" means that software provided under the Change License can be included in a program with software provided under GPL Version 2.0 or a later version. Licensor may specify additional Change Licenses without limitation. | ||
| 2. To either: (a) specify an additional grant of rights to use that does not impose any additional restriction on the right granted in this License, as the Additional Use Grant; or (b) insert the text "None". | ||
| 3. To specify a Change Date. | ||
| 4. Not to modify this License in any other way. | ||
| You agree to use the Software only for lawful purposes and in compliance with all applicable laws and regulations. Any | ||
| use of the Software for illegal or criminal activities is strictly prohibited. Performave reserves the right to | ||
| terminate your license if you engage in any illegal conduct with the Software. In the event of such termination, | ||
| Performave isn't obligated to refund any transactions. | ||
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| ## 4. Restrictions | ||
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| The following restrictions apply to your use of the Software, but these are not all-inclusive. Additional restrictions | ||
| may also apply as outlined elsewhere in this EULA or as otherwise determined by Performave: | ||
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| - You may not modify the Software in a manner that interferes with its licensing mechanism or changes its copyright | ||
| information without making substantial other modifications. | ||
| - You are permitted to modify the Software for your personal or enterprise use to tailor it to your needs, provided such | ||
| modifications do not violate the restrictions stated in this EULA. | ||
| - You may not distribute or sublicense modified versions of the Software that violate the terms of this EULA. | ||
| - You may not use the Software in any manner that could damage, disable, overburden, or impair any Performave server, or | ||
| the network(s) connected to any Performave server, or interfere with any other party's use and enjoyment of the | ||
| Software. | ||
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| ### 4.1 Additional Licensing Terms for Modifications and Contributions | ||
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| Any modifications, enhancements, or derivative works of the Software made by you or any third party are to be considered | ||
| part of the Software and are subject to the terms and conditions of this EULA. Such modifications or derivative works | ||
| must be offered under the same terms and conditions as those set forth in this EULA, including any provisions regarding | ||
| distribution and sublicensing. You may not alter the terms of this EULA or sublicense any modifications or derivative | ||
| works of the Software under terms that differ from those specified in this EULA. | ||
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| ## 5. Intellectual Property Rights | ||
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| The Software is protected by intellectual property laws and treaties. Performave or its suppliers own all title, | ||
| copyright, and interest in and to the Software, including any intellectual property rights therein. This EULA grants you | ||
| no rights to use such content. All rights not expressly granted are reserved by Performave. | ||
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| ## 6. Termination | ||
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| This EULA is effective until terminated. Your rights under this EULA will terminate automatically without notice from | ||
| Performave if you fail to comply with any term(s) of this EULA. Upon termination, you shall cease all use of the | ||
| Software and destroy all copies, full or partial, of the Software. | ||
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| ## 7. Disclaimer of Warranty | ||
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| The Software is provided "AS IS," with all faults, without warranty of any kind, and Performave hereby disclaims all | ||
| warranties and conditions with respect to the Software, either express, implied, or statutory, including, but not | ||
| limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a | ||
| particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third-party rights. | ||
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| ## 8. Limitation of Liability | ||
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| In no event shall Performave be liable for any indirect, incidental, special, consequential, or punitive damages | ||
| whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business | ||
| information, or any other pecuniary loss) arising out of the use of or inability to use the Software, even if Performave | ||
| has been advised of the possibility of such damages. | ||
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| ## 9. Governing Law | ||
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| This EULA shall be governed by the laws of the jurisdiction in which Performave is located, without reference to | ||
| conflict of laws principles. | ||
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| ## 10. Entire Agreement | ||
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| This EULA constitutes the entire agreement between you and Performave relating to the Software and supersedes all prior | ||
| or contemporaneous oral or written communications, proposals, and representations with respect to the Software or any | ||
| other subject matter covered by this EULA. | ||
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| ## 11. Amendment | ||
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| Performave reserves the right to amend this EULA at any time, at its sole discretion, by posting an updated version to | ||
| its website or through the Software. Your continued use of the Software following the posting of an updated EULA will | ||
| mean that you accept those changes. |