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docs(license): update project license (#1010)
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Because

- Instill Core main codebase is now with Instill Community License

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- update license files and wording
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pinglin committed Jun 6, 2024
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2 changes: 1 addition & 1 deletion .github/workflows/add-comment-to-issue.yml
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Expand Up @@ -32,7 +32,7 @@ jobs:
with:
issue-number: ${{ github.event.issue.number }}
body: |
This issue is a great way to kick-start your journey with our project, or to make a positive impact on open-source development. Jump in!
This issue is a great way to kick-start your journey with our project, or to make a positive impact on Instill Core development. Jump in!
- Check out our [Contributing Guidelines](https://github.com/instill-ai/.github/blob/main/.github/CONTRIBUTING.md) for a smooth experience
- Remember to **[link](https://docs.github.com/en/issues/tracking-your-work-with-issues/linking-a-pull-request-to-an-issue)** your pull request to this issue
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166 changes: 120 additions & 46 deletions LICENSE
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@@ -1,46 +1,120 @@
Elastic License 2.0 (ELv2)

**Acceptance**
By using the software, you agree to all of the terms and conditions below.

**Copyright License**
The licensor grants you a non-exclusive, royalty-free, worldwide, non-sublicensable, non-transferable license to use, copy, distribute, make available, and prepare derivative works of the software, in each case subject to the limitations and conditions below

**Limitations**
You may not provide the software to third parties as a hosted or managed service, where the service provides users with access to any substantial set of the features or functionality of the software.

You may not move, change, disable, or circumvent the license key functionality in the software, and you may not remove or obscure any functionality in the software that is protected by the license key.

You may not alter, remove, or obscure any licensing, copyright, or other notices of the licensor in the software. Any use of the licensor’s trademarks is subject to applicable law.

**Patents**
The licensor grants you a license, under any patent claims the licensor can license, or becomes able to license, to make, have made, use, sell, offer for sale, import and have imported the software, in each case subject to the limitations and conditions in this license. This license does not cover any patent claims that you cause to be infringed by modifications or additions to the software. If you or your company make any written claim that the software infringes or contributes to infringement of any patent, your patent license for the software granted under these terms ends immediately. If your company makes such a claim, your patent license ends immediately for work on behalf of your company.

**Notices**
You must ensure that anyone who gets a copy of any part of the software from you also gets a copy of these terms.

If you modify the software, you must include in any modified copies of the software prominent notices stating that you have modified the software.

**No Other Rights**
These terms do not imply any licenses other than those expressly granted in these terms.

**Termination**
If you use the software in violation of these terms, such use is not licensed, and your licenses will automatically terminate. If the licensor provides you with a notice of your violation, and you cease all violation of this license no later than 30 days after you receive that notice, your licenses will be reinstated retroactively. However, if you violate these terms after such reinstatement, any additional violation of these terms will cause your licenses to terminate automatically and permanently.

**No Liability**
As far as the law allows, the software comes as is, without any warranty or condition, and the licensor will not be liable to you for any damages arising out of these terms or the use or nature of the software, under any kind of legal claim.

**Definitions**
The *licensor* is the entity offering these terms, and the *software* is the software the licensor makes available under these terms, including any portion of it.

*you* refers to the individual or entity agreeing to these terms.

*your company* is any legal entity, sole proprietorship, or other kind of organization that you work for, plus all organizations that have control over, are under the control of, or are under common control with that organization. *control* means ownership of substantially all the assets of an entity, or the power to direct its management and policies by vote, contract, or otherwise. Control can be direct or indirect.

*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.

*trademark* means trademarks, service marks, and similar rights.

------------------------------------------------------------------------------------
# Instill Community License Agreement Version 1.0

This Instill Community License Agreement Version 1.0 (the “Agreement”) sets
forth the terms on which Instill AI, Inc. (“Instill AI”) makes available certain
software made available by Instill AI under this Agreement (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. “Licensee” means you, an individual, or the entity on
whose behalf you are receiving the Software.

### 1. LICENSE GRANT AND CONDITIONS

1.1 License. Subject to the terms and conditions of this Agreement, Instill AI
hereby grants to Licensee a non-exclusive, royalty-free, worldwide,
non-transferable, non-sublicensable license during the term of this Agreement
to: (a) use the Software; (b) prepare modifications and derivative works of the
Software; (c) distribute the Software (including without limitation in source
code or object code form); and (d) reproduce copies of the Software (the
“License”). Licensee is not granted the right to, and Licensee shall not,
exercise the License for an Excluded Purpose. For purposes of this Agreement,
“Excluded Purpose” means making available any software-as-a-service,
platform-as-a-service, infrastructure-as-a-service or other similar online
service that competes with Instill AI products or services that provide the
Software.

1.2 Conditions. In consideration of the License, Licensee's distribution of the
Software is subject to the following conditions:

a. Licensee must cause any Software modified by Licensee to carry prominent
notices stating that Licensee modified the Software.

b. On each Software copy, Licensee shall reproduce and not remove or alter all
Instill AI or third party copyright or other proprietary notices contained in
the Software, and Licensee must provide the notice below with each copy.

“This software is made available by Instill AI, Inc., under the terms of the
Instill Community License Agreement, Version 1.0 located at
/instill-community-license. BY INSTALLING, DOWNLOADING, ACCESSING, USING OR
DISTRIBUTING ANY OF THE SOFTWARE, YOU AGREE TO THE TERMS OF SUCH LICENSE
AGREEMENT.”

c. Licensee shall not circumvent or attempt to circumvent any license key
functionality or remove/obscure features protected by license keys in the
Software.

1.3 Licensee Modifications. Licensee may add its own copyright notices to
modifications made by Licensee and may provide additional or different license
terms and conditions for use, reproduction, or distribution of Licensee's
modifications. While redistributing the Software or modifications thereof,
Licensee may choose to offer, for a fee or free of charge, support, warranty,
indemnity, or other obligations. Licensee, and not Instill AI, will be
responsible for any such obligations.

1.4 No Sublicensing. The License does not include the right to sublicense the
Software; however, each recipient to which Licensee provides the Software may
exercise the Licenses so long as such recipient agrees to the terms and
conditions of this Agreement.

### 2. TERM AND TERMINATION

This Agreement will continue unless and until earlier terminated as set forth
herein. If Licensee breaches any of its conditions or obligations under this
Agreement, this Agreement will terminate automatically and the License will
terminate automatically and permanently.

### 3. INTELLECTUAL PROPERTY

As between the parties, Instill AI will retain all right, title, and interest in
the Software, and all intellectual property rights therein. Instill AI hereby
reserves all rights not expressly granted to Licensee in this Agreement. Instill
AI hereby reserves all rights in its trademarks and service marks, and no
licenses therein are granted in this Agreement.

### 4. DISCLAIMER

INSTILL AI HEREBY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, EXPRESS,
IMPLIED, STATUTORY, OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE
SOFTWARE.

### 5. LIMITATION OF LIABILITY

INSTILL AI WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT
LIMITED TO, LOST PROFITS OR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR
DIRECT DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, ARISING OUT OF
THIS AGREEMENT. THE FOREGOING SHALL APPLY TO THE EXTENT PERMITTED BY APPLICABLE
LAW.

### 6. GENERAL

6.1 Governing Law. This Agreement will be governed by and interpreted in
accordance with the laws of the state of California, without reference to its
conflict of laws principles. If Licensee is located within the United States,
all disputes arising out of this Agreement are subject to the exclusive
jurisdiction of courts located in Santa Clara County, California, USA. If
Licensee is located outside of the United States, any dispute, controversy, or
claim arising out of or relating to this Agreement will be referred to and
finally determined by arbitration in accordance with the JAMS International
Arbitration Rules. The tribunal will consist of one arbitrator. The place of
arbitration will be Palo Alto, California. The language to be used in the
arbitral proceedings will be English. Judgment upon the award rendered by the
arbitrator may be entered in any court having jurisdiction thereof.

6.2 Assignment. Licensee is not authorized to assign its rights under this
Agreement to any third party. Instill AI may freely assign its rights under this
Agreement to any third party.

6.3 Other. This Agreement is the entire agreement between the parties regarding
the subject matter hereof. No amendment or modification of this Agreement will
be valid or binding upon the parties unless made in writing and signed by the
duly authorized representatives of both parties. In the event that any
provision, including without limitation any condition, of this Agreement is held
to be unenforceable, this Agreement and all licenses and rights granted
hereunder will immediately terminate. Waiver by Instill AI of a breach of any
provision of this Agreement or the failure by Instill AI to exercise any right
hereunder will not be construed as a waiver of any subsequent breach of that
right or as a waiver of any other right.
139 changes: 119 additions & 20 deletions charts/core/LICENSE
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@@ -1,21 +1,120 @@
MIT License

Copyright (c) 2023 Instill AI Ltd.

Permission is hereby granted, free of charge, to any person obtaining a copy
of this software and associated documentation files (the "Software"), to deal
in the Software without restriction, including without limitation the rights
to use, copy, modify, merge, publish, distribute, sublicense, and/or sell
copies of the Software, and to permit persons to whom the Software is
furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all
copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE
AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER
LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,
OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE
# Instill Community License Agreement Version 1.0

This Instill Community License Agreement Version 1.0 (the “Agreement”) sets
forth the terms on which Instill AI, Inc. (“Instill AI”) makes available certain
software made available by Instill AI under this Agreement (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. “Licensee” means you, an individual, or the entity on
whose behalf you are receiving the Software.

### 1. LICENSE GRANT AND CONDITIONS

1.1 License. Subject to the terms and conditions of this Agreement, Instill AI
hereby grants to Licensee a non-exclusive, royalty-free, worldwide,
non-transferable, non-sublicensable license during the term of this Agreement
to: (a) use the Software; (b) prepare modifications and derivative works of the
Software; (c) distribute the Software (including without limitation in source
code or object code form); and (d) reproduce copies of the Software (the
“License”). Licensee is not granted the right to, and Licensee shall not,
exercise the License for an Excluded Purpose. For purposes of this Agreement,
“Excluded Purpose” means making available any software-as-a-service,
platform-as-a-service, infrastructure-as-a-service or other similar online
service that competes with Instill AI products or services that provide the
Software.

1.2 Conditions. In consideration of the License, Licensee's distribution of the
Software is subject to the following conditions:

a. Licensee must cause any Software modified by Licensee to carry prominent
notices stating that Licensee modified the Software.

b. On each Software copy, Licensee shall reproduce and not remove or alter all
Instill AI or third party copyright or other proprietary notices contained in
the Software, and Licensee must provide the notice below with each copy.

“This software is made available by Instill AI, Inc., under the terms of the
Instill Community License Agreement, Version 1.0 located at
/instill-community-license. BY INSTALLING, DOWNLOADING, ACCESSING, USING OR
DISTRIBUTING ANY OF THE SOFTWARE, YOU AGREE TO THE TERMS OF SUCH LICENSE
AGREEMENT.”

c. Licensee shall not circumvent or attempt to circumvent any license key
functionality or remove/obscure features protected by license keys in the
Software.

1.3 Licensee Modifications. Licensee may add its own copyright notices to
modifications made by Licensee and may provide additional or different license
terms and conditions for use, reproduction, or distribution of Licensee's
modifications. While redistributing the Software or modifications thereof,
Licensee may choose to offer, for a fee or free of charge, support, warranty,
indemnity, or other obligations. Licensee, and not Instill AI, will be
responsible for any such obligations.

1.4 No Sublicensing. The License does not include the right to sublicense the
Software; however, each recipient to which Licensee provides the Software may
exercise the Licenses so long as such recipient agrees to the terms and
conditions of this Agreement.

### 2. TERM AND TERMINATION

This Agreement will continue unless and until earlier terminated as set forth
herein. If Licensee breaches any of its conditions or obligations under this
Agreement, this Agreement will terminate automatically and the License will
terminate automatically and permanently.

### 3. INTELLECTUAL PROPERTY

As between the parties, Instill AI will retain all right, title, and interest in
the Software, and all intellectual property rights therein. Instill AI hereby
reserves all rights not expressly granted to Licensee in this Agreement. Instill
AI hereby reserves all rights in its trademarks and service marks, and no
licenses therein are granted in this Agreement.

### 4. DISCLAIMER

INSTILL AI HEREBY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, EXPRESS,
IMPLIED, STATUTORY, OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE
SOFTWARE.

### 5. LIMITATION OF LIABILITY

INSTILL AI WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT
LIMITED TO, LOST PROFITS OR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR
DIRECT DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, ARISING OUT OF
THIS AGREEMENT. THE FOREGOING SHALL APPLY TO THE EXTENT PERMITTED BY APPLICABLE
LAW.

### 6. GENERAL

6.1 Governing Law. This Agreement will be governed by and interpreted in
accordance with the laws of the state of California, without reference to its
conflict of laws principles. If Licensee is located within the United States,
all disputes arising out of this Agreement are subject to the exclusive
jurisdiction of courts located in Santa Clara County, California, USA. If
Licensee is located outside of the United States, any dispute, controversy, or
claim arising out of or relating to this Agreement will be referred to and
finally determined by arbitration in accordance with the JAMS International
Arbitration Rules. The tribunal will consist of one arbitrator. The place of
arbitration will be Palo Alto, California. The language to be used in the
arbitral proceedings will be English. Judgment upon the award rendered by the
arbitrator may be entered in any court having jurisdiction thereof.

6.2 Assignment. Licensee is not authorized to assign its rights under this
Agreement to any third party. Instill AI may freely assign its rights under this
Agreement to any third party.

6.3 Other. This Agreement is the entire agreement between the parties regarding
the subject matter hereof. No amendment or modification of this Agreement will
be valid or binding upon the parties unless made in writing and signed by the
duly authorized representatives of both parties. In the event that any
provision, including without limitation any condition, of this Agreement is held
to be unenforceable, this Agreement and all licenses and rights granted
hereunder will immediately terminate. Waiver by Instill AI of a breach of any
provision of this Agreement or the failure by Instill AI to exercise any right
hereunder will not be construed as a waiver of any subsequent breach of that
right or as a waiver of any other right.

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