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Create skeleton for plugin split (elastic/x-pack-elasticsearch#3233) 

This creates a basic skeleton for the plugin split by adding folders and example
`build.gradle` files. It also includes a non-implemented `migrate-plugins.sh`
script that we can fill in at a later time.

Relates to elastic/x-pack-elasticsearch#2925

Original commit: elastic/x-pack-elasticsearch@2ab035d6b6
This commit is contained in:
Lee Hinman 2017-12-08 09:41:32 -07:00 committed by GitHub
parent a9535c0b5a
commit 24d91298db
63 changed files with 4027 additions and 0 deletions
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1
build.gradle
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@ -51,6 +51,7 @@ subprojects {
additionalLicense 'ESCON', 'Elasticsearch Confidential', 'ELASTICSEARCH CONFIDENTIAL'
}
ext.projectSubstitutions += [ "org.elasticsearch.plugin:x-pack-api:${version}": ':x-pack-elasticsearch:plugin']
ext.projectSubstitutions += [ "org.elasticsearch:x-pack-common:${version}": ':x-pack-elasticsearch:plugin:common']
for (final Version version : versionCollection.versionsIndexCompatibleWithCurrent) {
if (version.branch != null) {

32
migrate-plugins.sh Executable file
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@ -0,0 +1,32 @@
#!/usr/bin/env bash
# Copyright Elasticsearch B.V. and/or licensed to Elasticsearch B.V. under one
# or more contributor license agreements. Licensed under the Elastic License;
# you may not use this file except in compliance with the Elastic License.
set -euo pipefail
export SUCCESS=false
finish() {
if [ $SUCCESS != "true" ]; then
echo "!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!"
echo "Script did NOT complete successfully!"
echo "It likely left the working tree in an unclean state."
echo "Please clean up before re-running the script."
echo "!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!"
exit 1
else
echo "Migration finished successfully."
fi
}
trap finish EXIT
echo "Migrating..."
# TODO: implement actual moving of plugins
# Migration has been successful
export SUCCESS=true
echo "Done."

15
plugin/common/build.gradle Normal file
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@ -0,0 +1,15 @@
apply plugin: 'elasticsearch.build'
dependencies {
provided "org.elasticsearch:elasticsearch:${version}"
}
archivesBaseName = 'x-pack-common'
// TODO: enable this once we have tests
test.enabled=false
licenseHeaders.enabled = false
parent.bundlePlugin {
from jar
}

21
plugin/graph/build.gradle Normal file
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@ -0,0 +1,21 @@
apply plugin: 'elasticsearch.build'
archivesBaseName = 'x-pack-graph'
// TODO: enable this once we have tests
test.enabled=false
licenseHeaders.enabled = false
dependencies {
provided "org.elasticsearch:elasticsearch:${version}"
compile "org.elasticsearch:x-pack-common:${version}"
}
dependencyLicenses {
ignoreSha 'x-pack-common'
}
parent.bundlePlugin {
from jar
}

120
plugin/graph/licenses/x-pack-common-LICENSE.txt Normal file
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@ -0,0 +1,120 @@
COMMERCIAL SOFTWARE END USER LICENSE AGREEMENT
READ THIS COMMERCIAL SOFTWARE END USER LICENSE AGREEMENT CAREFULLY, WHICH CONSTITUTES A LEGALLY BINDING AGREEMENT AND GOVERNS YOUR USE OF ELASTIC’S PROPRIETARY SOFTWARE. BY INSTALLING AND/OR USING SUCH SOFTWARE, YOU ARE INDICATING THAT YOU AGREE TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. IF YOU DO NOT AGREE WITH SUCH TERMS AND CONDITIONS, YOU MAY NOT INSTALL OR USE ANY OF THE SOFTWARE. IF YOU ARE INSTALLING OR USING THE SOFTWARE ON BEHALF OF YOUR EMPLOYER OR ANOTHER ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE ACTUAL AUTHORITY TO AGREE TO THE TERMS AND CONDITIONS ON BEHALF OF SUCH EMPLOYER OR OTHER ENTITY.
This COMMERCIAL SOFTWARE END USER LICENSE AGREEMENT (this “Agreement") is entered into by and between the applicable Elastic entity referenced in Attachment 1 hereto (“Elastic”) and the person, or entity on behalf of whom you are acting, as applicable (“You” or “Customer”) that has downloaded any of Elastic’s proprietary software to which this Agreement is attached or in connection with which this Agreement is presented to You (collectively, the “Software”). This Agreement is effective upon the earliest date of the commencement of any License granted pursuant to Section 1.1. below (as applicable, the “Effective Date”).
1. SOFTWARE LICENSE AND RESTRICTIONS
1.1 License Grants.
(a) Trial Version License. Subject to the terms and conditions of this Agreement, Elastic agrees to grant, and does hereby grant to You, for a period of thirty (30) days from the date on which You first install the Software (the “Trial Term”), a License to use the Eligible Features and Functions of the Software that are applicable to the Trial Version of the Software.   You understand and agree that upon the expiration of a Trial Term, You will no longer be able to use the Software, unless you either (i) purchase a Subscription, in which case You will receive a License under Section 1.1(b) below to use the Eligible Features and Functions of the Software that are applicable to the Subscription level that You purchase, (ii) complete the Registration of Your use of the Software with Elastic, in which case, if available, You will receive a License under Section 1.1(c) below to the Basic Version of the Software or (iii) obtain from Elastic written consent (e-mail sufficient) to extend the Trial Term, which may be granted by Elastic in its sole and absolute discretion.
(b) Subscription License. If you enter into a Subscription Agreement with Elastic, then, subject to the terms and conditions of this Agreement and complete payment of any and all applicable Subscription fees, Elastic agrees to grant, and does hereby grant to You during the applicable Subscription Term, and for the restricted scope of this Agreement, a License to use the Eligible Features and Functions of the Software that are applicable to the Subscription level that You have purchased, for the number of Nodes and for the specific Project for which you have purchased a Subscription. The level of Subscription, the number of Nodes and specific Project for which you have purchased such Subscription, are set forth on the applicable ordering document entered into by Elastic and You for the purchase of the applicable Subscription (“Order Form”).
(c) Basic Version License. Subject to the terms and conditions of this Agreement, the availability of such a License for the applicable Software and any applicable limitation on the number of Nodes, and in consideration of the Registration of Your use the Software, Elastic agrees to grant, and does hereby grant to You, for a period of one (1) year from the date of Registration, a License to use the Eligible Features and Functions of the Software that are applicable to the Basic Version of the Software. The foregoing license may be renewed annually upon the mutual agreement of the parties.
1.2 Reservation of Rights; Restrictions. As between Elastic and You, Elastic owns all right title and interest in and to the Software and any derivative works thereof, and except as expressly set forth in Section 1.1 above, no other license to the Software is granted to You by implication, estoppel or otherwise. You agree not to: (i) reverse engineer or decompile, decrypt, disassemble or otherwise reduce any Software or any portion thereof to human-readable form, except and only to the extent any such restriction is prohibited by applicable law, (ii) deploy the Software on more Nodes than are permitted under the applicable License grant in Section 1.1 above, (iii) where You have purchased a Subscription, use the Software in connection with any Project other than the Project for which You have purchased such Subscription, as identified on the applicable Order Form, (iv) prepare derivative works from, modify, copy or use the Software in any manner except as expressly permitted in this Agreement; (v) except as expressly permitted in Section 1.1 above, transfer, sell, rent, lease, distribute, sublicense, loan or otherwise transfer the Software in whole or in part to any third party; (vi) except as may be expressly permitted on an applicable Order Form or in another agreement between the parties, use the Software for providing time-sharing services, any software-as-a-service offering (“SaaS”), service bureau services or as part of an application services provider or other service offering; (vii) circumvent the limitations on use of the Software that are imposed or preserved by any License Key, (viii) alter or remove any Marks and Notices in the Software; (ix) deploy the Commercial Software on or in connection with any third party infrastructure as a service that includes any Elastic-branded software as a service; or (x) make available to any third party any analysis of the results of operation of the Software, including benchmarking results, without the prior written consent of Elastic. The Software may contain or be provided with open source libraries, components, utilities and other open source software (collectively, “Open Source Software”), which Open Source Software may have applicable license terms as identified on a website designated by Elastic or otherwise provided with the Software or Documentation. Notwithstanding anything to the contrary herein, use of the Open Source Software shall be subject to the license terms and conditions applicable to such Open Source Software, to the extent required by the applicable licensor (which terms shall not restrict the license rights granted to You hereunder, but may contain additional rights).
1.3 Audit Rights. You agree that, unless such right is waived in writing by Elastic, Elastic shall have the right, upon fifteen (15) days’ notice to You, to audit Your use of the Software for compliance with any limitations on Your use of the Software that are set forth herein. You agree to provide Elastic with the necessary access to the Software to conduct such an audit either (i) remotely, or (ii) if remote performance is not possible, at Your facilities, during normal business hours and no more than one (1) time in any twelve (12) month period. In the event any such audit reveals that You have used the Software in excess of the applicable quantitative limitations, You agree to promptly pay to Elastic an amount equal to the difference between the fees actually paid and the fees that You should have paid to remain in compliance with such quantitative limitations. This Section 1.3 shall survive for a period of two (2) years from the termination or expiration of this Agreement.
1.4 Cluster Metadata. You understand and agree that once deployed, and on a daily basis, the Software may provide metadata to Elastic about Your cluster statistics and associates that metadata with Your IP address. However, no other information is provided to Elastic by the Software, including any information about the data You process or store in connection with Your use of the Software. Instructions for disabling this feature are contained in the Software, however leaving this feature active enables Elastic to gather cluster statistics and provide an improved level of support to You.
2. TERM AND TERMINATION
2.1 Term. Unless earlier terminated under Section 2.2 below, this Agreement shall commence on the Effective Date, and shall continue in force for the term of the last to expire applicable license set forth in Section 1.1 above.
2.2 Termination. Either party may, upon written notice to the other party, terminate this Agreement for material breach by the other party automatically and without any other formality, if such party has failed to cure such material breach within thirty (30) days of receiving written notice of such material breach from the non-breaching party. Notwithstanding the foregoing, this Agreement shall automatically terminate in the event that You intentionally breach the scope of a license granted in Section 1.1 of this Agreement, provided that Elastic reserves the right to retroactively waive such automatic termination upon written notice to You.
2.3 Post Termination or Expiration. Upon termination or expiration of this Agreement, for any reason, You shall promptly cease the use of the Software and Documentation and destroy (and certify to Elastic in writing the fact of such destruction), or return to Elastic, all copies of the Software and Documentation then in Your possession or under Your control.
2.4 Survival. Sections 2.3, 2.4, 3, 4, 5 and 6 (as any such Sections may be modified by Attachment 1, if applicable) shall survive any termination or expiration of this Agreement.
3. LIMITED WARRANTY AND DISCLAIMER OF WARRANTIES
3.1 Limited Performance Warranty. Subject to You purchasing a Subscription, Elastic warrants that during the applicable Subscription Term, the Software will perform in all material respects in accordance with the Documentation. In the event of a breach of the foregoing warranty, Elastic’s sole obligation, and Your exclusive remedy shall be for Elastic to (i) correct any failure(s) of the Software to perform in all material respects in accordance with the Documentation or (ii) if Elastic is unable to provide such a correction within thirty (30) days of receipt of notice of the applicable non-conformity, You may elect to terminate this Agreement and the associated Subscription, and Elastic will promptly refund to You any pre-paid, unused fees paid by You to Elastic for the applicable Subscription. The warranty set forth in this Section 3.1 does not apply if the applicable Software or any portion thereof: (a) has been altered, except by or on behalf Elastic; (b) has not been used, installed, operated, repaired, or maintained in accordance with this Agreement and/or the Documentation; (c) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident; or (d) is used on equipment, products, or systems not meeting specifications identified by Elastic in the Documentation. Additionally, the warranties set forth herein only apply when notice of a warranty claim is provided to Elastic within the applicable warranty period specified herein and do not apply to any bug, defect or error caused by or attributable to software or hardware not supplied by Elastic.
3.2 Malicious Code. Elastic represents and warrants that prior to making it available for delivery to You, Elastic will use standard industry practices including, without limitation, the use of an updated commercial anti-virus program, to test the Software for Malicious Code and remove any Malicious Code it discovers. In the event of a breach of the foregoing warranty, Elastic’s sole obligation, and Your exclusive remedy shall be for Elastic to replace the Software with Software that does not contain any Malicious Code.
3.3 Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 3, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, AND ELASTIC AND ITS LICENSORS MAKE NO WARRANTIES WHETHER EXPRESSED, IMPLIED OR STATUTORY REGARDING OR RELATING TO THE SOFTWARE OR DOCUMENTATION. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ELASTIC AND ITS LICENSORS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE AND DOCUMENTATION, AND WITH RESPECT TO THE USE OF THE FOREGOING. FURTHER, ELASTIC DOES NOT WARRANT RESULTS OF USE OR THAT THE SOFTWARE WILL BE ERROR FREE OR THAT THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED.
4. LIMITATION OF LIABILITY
The provisions of this Section 4, including to the extent modified by an applicable provision in Attachment 1 hereto, apply if You have not purchased a Subscription. If you have purchased a Subscription, then the limitations of liability set forth in the applicable Subscription Agreement will apply in lieu of those set forth in this Section 4, including to the extent modified by an applicable provision in Attachment 1 hereto.
4.1 Disclaimer of Certain Damages. IN NO EVENT SHALL YOU OR ELASTIC OR ITS LICENSORS BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, COST OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, OR THE PERFORMANCE OF OR FAILURE TO PERFORM THIS AGREEMENT, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN IF THE RESPONSIBLE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 4.1 SHALL NOT APPLY TO A BREACH THROUGH GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT BY YOU OF THE SCOPE OF THE LICENSE GRANTED IN SECTION 1.1 OR TO ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
4.2 Damages Cap. IN NO EVENT SHALL ELASTIC’S OR ITS LICENSORS’ AGGREGATE, CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED ONE THOUSAND DOLLARS ($1,000).
4.3 YOU AGREE THAT THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS ARE A REASONABLE ALLOCATION OF THE RISK BETWEEN THE PARTIES AND WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS IN ITS ESSENTIAL PURPOSE.
5. MISCELLANEOUS
This Agreement, including Attachment 1 hereto, which is hereby incorporated herein by this reference, as well as any applicable Order Form and Subscription Agreement, completely and exclusively state the entire agreement of the parties regarding the subject matter herein, and it supersedes, and its terms govern, all prior proposals, agreements, or other communications between the parties, oral or written, regarding such subject matter. In the event of any conflict between the terms and conditions of any of the foregoing documents, the conflict shall be resolved based on the following order of precedence: (i) an applicable Order Form (but only for the transaction thereunder), (ii) an applicable Subscription Agreement, (iii) the Support Services Policy and (iv) this Agreement. For the avoidance of doubt, the parties hereby expressly acknowledge and agree that if You issue any purchase order or similar document in connection with the purchase of a Subscription and/or obtaining of License to the Software, You will do so only for Your internal, administrative purposes and not with the intent to provide any contractual terms. This Agreement may not be modified except by a subsequently dated, written amendment that expressly amends this Agreement and which is signed on behalf of Elastic and You, by duly authorized representatives. If any provision hereof is held unenforceable, this Agreement will continue without said provision and be interpreted to reflect the original intent of the parties.
6. DEFINITIONS
The following terms have the meanings ascribed:
6.1 “Affiliate” means, with respect to a party, any entity that controls, is controlled by, or which is under common control with, such party, where “control” means ownership of at least fifty percent (50%) of the outstanding voting shares of the entity, or the contractual right to establish policy for, and manage the operations of, the entity.
6.2 “Basic Version” means that version of the Software available for use without the purchase of a Subscription, but which does require Registration.
6.3 “Contractor” means any third party contractor performing services on Your behalf.
6.4 “Documentation” means the published end user documentation provided by Elastic with the Software.
6.5 “Eligible Features and Functions” means those features and functions of the Software that are eligible for use with respect to the particular version of the Software licensed by You or the Subscription level purchased by You. A list of the Eligible Features and Functions that correspond to each version of the Software and Subscription levels may be found at https://www.elastic.co/subscriptions.
6.6 “License” means a limited, non-exclusive, non-transferable, fully paid up, right and license (without the right to grant or authorize sublicenses) solely for Your internal business operations to (i) install and use, in object code format, the Software, (ii) use, and distribute internally a reasonable number of copies of the Documentation, provided that You must include on such copies all Marks and Notices; (iii) permit Contractors and Your Affiliates to use the Software and Documentation as set forth in (i) and (ii) above, provided that such use by Contractors must be solely for Your benefit, and You shall be responsible for all acts and omissions of such Contractors and Affiliates in connection with their use of the Software that are contrary to the terms and conditions of this Agreement.
6.7 “License Key” means an alphanumeric code that enables the Eligible Features and Functions of the Software.
6.8 “Malicious Code” means any code that is designed to harm, or otherwise disrupt in any unauthorized manner, the operation of Your computer programs or computer systems or destroy or damage data. For clarity, Malicious Code shall not include any software bugs or errors handled through Support Services, or any standard features of functions of the Software and/or any License Key that are intended to enforce the temporal and/or other limitations on the scope of the use of the Software to the scope of the License granted to You.
6.9 “Marks and Notices” means all Elastic trademarks, trade names, logos and notices present on the Documentation as originally provided by Elastic.
6.10 “Node” means an instance of Software on a single physical server or virtual machine, provided that all client Nodes are excluded from calculating Subscription fees based on the number of Nodes.
6.11 “Project” means a specific use case for the Software, with Nodes being deployed for use in a logical grouping of functionality to support such use case.
6.12 “Registration” means Elastic’s then-current process under which You may register Your use of the Software with Elastic by providing certain information to Elastic regarding You and Your use of the Software.
6.13 “Subscription” means the right to receive Support Services and a License to the Software.
6.14 “Subscription Agreement” means a legally enforceable agreement between You and Elastic, under which You purchase a Subscription.
6.15 “Subscription Level” means the level of Subscription purchased by You. The Subscription Level purchased by You determines the specific Support Services that You are entitled to receive, and the specific Eligible Features and functions that You are entitled to use.
6.16 “Subscription Term” means the period of time for which You have purchased a Subscription.
6.17 “Trial Version” means that version of the Software available for use without the purchase of a Subscription and without Registration.
ATTACHMENT 1
ADDITIONAL TERMS AND CONDITIONS
A. The following additional terms and conditions apply to all Customers with principal offices in the United States of America:
(1) Applicable Elasticsearch Entity. The entity providing the license is Elasticsearch, Inc., a Delaware corporation.
(2) Government Rights. The Software product is "Commercial Computer Software," as that term is defined in 48 C.F.R. 2.101, and as the term is used in 48 C.F.R. Part 12, and is a Commercial Item comprised of "commercial computer software" and "commercial computer software documentation". If acquired by or on behalf of a civilian agency, the U.S. Government acquires this commercial computer software and/or commercial computer software documentation subject to the terms of this Agreement, as specified in 48 C.F.R. 12.212 (Computer Software) and 12.211 (Technical Data) of the Federal Acquisition Regulation ("FAR") and its successors. If acquired by or on behalf of any agency within the Department of Defense ("DOD"), the U.S. Government acquires this commercial computer software and/or commercial computer software documentation subject to the terms of the Elastic Software End User License Agreement as specified in 48 C.F.R. 227.7202-3 and 48 C.F.R. 227.7202-4 of the DOD FAR Supplement ("DFARS") and its successors, and consistent with 48 C.F.R. 227.7202. This U.S. Government Rights clause, consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202 is in lieu of, and supersedes, any other FAR, DFARS, or other clause or provision that addresses Government rights in computer software, computer software documentation or technical data related to the Software under this Agreement and in any Subcontract under which this commercial computer software and commercial computer software documentation is acquired or licensed.
(3) Export Control. You acknowledge that the goods, software and technology acquired from Elastic are subject to U.S. export control laws and regulations, including but not limited to the International Traffic In Arms Regulations (“ITAR”) (22 C.F.R. Parts 120-130 (2010)); the Export Administration Regulations ("EAR") (15 C.F.R. Parts 730-774 (2010)); the U.S. antiboycott regulations in the EAR and U.S. Department of the Treasury regulations; the economic sanctions regulations and guidelines of the U.S. Department of the Treasury, Office of Foreign Assets Control, and the USA Patriot Act (Title III of Pub. L. 107-56, signed into law October 26, 2001), as amended.  You are now and will remain in the future compliant with all such export control laws and regulations, and will not export, re-export, otherwise transfer any Elastic goods, software or technology or disclose any Elastic software or technology to any person contrary to such laws or regulations.  You acknowledge that remote access to the Software may in certain circumstances be considered a re-export of Software, and accordingly, may not be granted in contravention of U.S. export control laws and regulations.
(4) Governing Law, Jurisdiction and Venue.
(a) Customers in California. If Customer is located in California (as determined by the Customer address on the applicable Order Form, or for a trial license under 1.1(a), the location of person who installed the Software), this Agreement will be governed by the laws of the State of California, without regard to its conflict of laws principles, and all suits hereunder will be brought solely in Federal Court for the Northern District of California, or if that court lacks subject matter jurisdiction, in any California State Court located in Santa Clara County.
(b) Customers Outside of California. If Customer is located anywhere other than California (as determined by the Customer address on the applicable Order Form, or for a trial license under 1.1(a), the location of person who installed the Software), this Agreement will be governed by the laws of the State of Delaware, without regard to its conflict of laws principles, and all suits hereunder will be brought solely in Federal Court for the District of Delaware, or if that court lacks subject matter jurisdiction, in any Delaware State Court located in Wilmington, Delaware.
(c) All Customers. This Agreement shall not be governed by the 1980 UN Convention on Contracts for the International Sale of Goods. The parties hereby irrevocably waive any and all claims and defenses either might otherwise have in any action or proceeding in any of the applicable courts set forth in (a) or (b) above, based upon any alleged lack of personal jurisdiction, improper venue, forum non conveniens, or any similar claim or defense.
(d) Equitable Relief. A breach or threatened breach, by either party of Section 4 may cause irreparable harm for which the non-breaching party shall be entitled to seek injunctive relief without being required to post a bond.
B. The following additional terms and conditions apply to all Customers with principal offices in Canada:
(1) Applicable Elasticsearch Entity. The entity providing the license is Elasticsearch B.C. Ltd., a corporation incorporated under laws of the Province of British Columbia.
(2) Export Control. You acknowledge that the goods, software and technology acquired from Elastic are subject to the restrictions and controls set out in Section A(3) above as well as those imposed by the Export and Import Permits Act (Canada) and the regulations thereunder and that you will comply with all applicable laws and regulations. Without limitation, You acknowledge that the Software, or any portion thereof, will not be exported: (a) to any country on Canada's Area Control List; (b) to any country subject to UN Security Council embargo or action; or (c) contrary to Canada's Export Control List Item 5505. You are now and will remain in the future compliant with all such export control laws and regulations, and will not export, re-export, otherwise transfer any Elastic goods, software or technology or disclose any Elastic software or technology to any person contrary to such laws or regulations.  You will not export or re-export the Software, or any portion thereof, directly or indirectly, in violation of the Canadian export administration laws and regulations to any country or end user, or to any end user who you know or have reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons. You further acknowledge that the Software product may include technical data subject to such Canadian export regulations. Elastic does not represent that the Software is appropriate or available for use in all countries. Elastic prohibits accessing materials from countries or states where contents are illegal. You are using the Software on your own initiative and you are responsible for compliance with all applicable laws. You hereby agree to indemnify Elastic and its Affiliates from any claims, actions, liability or expenses (including reasonable lawyers' fees) resulting from Your failure to act in accordance with the acknowledgements, agreements, and representations in this Section B(2).
(3) Governing Law and Dispute Resolution. This Agreement shall be governed by the Province of Ontario and the federal laws of Canada applicable therein without regard to conflict of laws provisions. The parties hereby irrevocably waive any and all claims and defenses either might otherwise have in any such action or proceeding in any of such courts based upon any alleged lack of personal jurisdiction, improper venue, forum non conveniens or any similar claim or defense. Any dispute, claim or controversy arising out of or relating to this Agreement or the existence, breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, (each, a “Dispute”), which the parties are unable to resolve after good faith negotiations, shall be submitted first to the upper management level of the parties. The parties, through their upper management level representatives shall meet within thirty (30) days of the Dispute being referred to them and if the parties are unable to resolve such Dispute within thirty (30) days of meeting, the parties agree to seek to resolve the Dispute through mediation with ADR Chambers in the City of Toronto, Ontario, Canada before pursuing any other proceedings. The costs of the mediator shall be shared equally by the parties. If the Dispute has not been resolved within thirty (30) days of the notice to desire to mediate, any party may terminate the mediation and proceed to arbitration and the matter shall be referred to and finally resolved by arbitration at ADR Chambers pursuant to the general ADR Chambers Rules for Arbitration in the City of Toronto, Ontario, Canada. The arbitration shall proceed in accordance with the provisions of the Arbitration Act (Ontario). The arbitral panel shall consist of three (3) arbitrators, selected as follows: each party shall appoint one (1) arbitrator; and those two (2) arbitrators shall discuss and select a chairman. If the two (2) party-appointed arbitrators are unable to agree on the chairman, the chairman shall be selected in accordance with the applicable rules of the arbitration body. Each arbitrator shall be independent of each of the parties. The arbitrators shall have the authority to grant specific performance and to allocate between the parties the costs of arbitration (including service fees, arbitrator fees and all other fees related to the arbitration) in such equitable manner as the arbitrators may determine. The prevailing party in any arbitration shall be entitled to receive reimbursement of its reasonable expenses incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, Elastic shall have the right to institute an action in a court of proper jurisdiction for preliminary injunctive relief pending a final decision by the arbitrator, provided that a permanent injunction and damages shall only be awarded by the arbitrator. The language to be used in the arbitral proceedings shall be English.
(4) Language. Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English version, the English version of this Agreement shall govern. At the request of the parties, the official language of this Agreement and all communications and documents relating hereto is the English language, and the English-language version shall govern all interpretation of the Agreement.  À la demande des parties, la langue officielle de la présente convention ainsi que toutes communications et tous documents s'y rapportant est la langue anglaise, et la version anglaise est celle qui régit toute interprétation de la présente convention.
(5) Warranty Disclaimer. For Customers with principal offices in the Province of Québec, the following new sentence is to be added to the end of Section 3.3: “SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OR EXCLUSIONS OF CERTAIN TYPES OF DAMAGES AND/OR WARRANTIES AND CONDITIONS. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SET FORTH IN THIS AGREEMENT SHALL NOT APPLY IF AND ONLY IF AND TO THE EXTENT THAT THE LAWS OF A COMPETENT JURISDICTION REQUIRE LIABILITIES BEYOND AND DESPITE THESE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS.”
(6) Limitation of Liability. For Customers with principal offices in the Province of Québec, the following new sentence is to be added to the end of Section 4.1: “SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OR EXCLUSIONS OF CERTAIN TYPES OF DAMAGES AND/OR WARRANTIES AND CONDITIONS.  THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SET FORTH IN THIS AGREEMENT SHALL NOT APPLY IF AND ONLY IF AND TO THE EXTENT THAT THE LAWS OF A COMPETENT JURISDICTION REQUIRE LIABILITIES BEYOND AND DESPITE THESE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS.”
C. The following additional terms and conditions apply to all Customers with principal offices outside of the United States of America and Canada:
(1) Applicable Elasticsearch Entity. The entity providing the license in Germany is Elasticsearch Gmbh; in France is Elasticsearch SARL, in the United Kingdom is Elasticsearch Ltd, in Australia is Elasticsearch Pty Ltd., in Japan is Elasticsearch KK, in Sweden is Elasticsearch AB, in Norway is Elasticsearch AS and in all other countries is Elasticsearch BV.
(2) Choice of Law. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without reference to or application of choice of law rules or principles. Notwithstanding any choice of law provision or otherwise, the Uniform Computer Information Transactions Act (UCITA) and the United Nations Convention on the International Sale of Goods shall not apply.
(3) Arbitration. Any dispute, claim or controversy arising out of or relating to this Agreement or the existence, breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, (each, a “Dispute”) shall be referred to and finally resolved by arbitration under the rules and at the location identified below. The arbitral panel shall consist of three (3) arbitrators, selected as follows: each party shall appoint one (1) arbitrator; and those two (2) arbitrators shall discuss and select a chairman. If the two party-appointed arbitrators are unable to agree on the chairman, the chairman shall be selected in accordance with the applicable rules of the arbitration body. Each arbitrator shall be independent of each of the parties. The arbitrators shall have the authority to grant specific performance and to allocate between the parties the costs of arbitration (including service fees, arbitrator fees and all other fees related to the arbitration) in such equitable manner as the arbitrators may determine. The prevailing party in any arbitration shall be entitled to receive reimbursement of its reasonable expenses incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, Elastic shall have the right to institute an action in a court of proper jurisdiction for preliminary injunctive relief pending a final decision by the arbitrator, provided that a permanent injunction and damages shall only be awarded by the arbitrator. The language to be used in the arbitral proceedings shall be English.
In addition, the following terms only apply to Customers with principal offices within Europe, the Middle East or Africa (EMEA):
Arbitration Rules and Location. Any Dispute shall be referred to and finally resolved by arbitration under the London Court of International Arbitration (“LCIA”) Rules (which Rules are deemed to be incorporated by reference into this clause) on the basis that the governing law is the law of the State of New York, USA. The seat, or legal place, of arbitration shall be London, England.
(b) In addition, the following terms only apply to Customers with principal offices within Asia Pacific, Australia & New Zealand:
Arbitration Rules and Location. Any Dispute shall be referred to and finally resolved by arbitration under the Rules of Conciliation and Arbitration of the International Chamber of Commerce (“ICC”) in force on the date when the notice of arbitration is submitted in accordance with such Rules (which Rules are deemed to be incorporated by reference into this clause) on the basis that the governing law is the law of the State of New York, USA. The seat, or legal place, of arbitration shall be Singapore.
(c) In addition, the following terms only apply to Customers with principal offices within the Americas (excluding North America):
Arbitration Rules and Location. Any Dispute shall be referred to and finally resolved by arbitration under International Dispute Resolution Procedures of the American Arbitration Association (“AAA”) in force on the date when the notice of arbitration is submitted in accordance with such Procedures (which Procedures are deemed to be incorporated by reference into this clause) on the basis that the governing law is the law of the State of New York, USA. The seat, or legal place, of arbitration shall be New York, New York, USA.
(4) In addition, for Customers with principal offices within the UK, the following new sentence is added to the end of Section 4.1:
Nothing in this Agreement shall have effect so as to limit or exclude a party’s liability for death or personal injury caused by negligence or for fraud including fraudulent misrepresentation and this Section 4.1 shall take effect subject to this provision.
(5) In addition, for Customers with principal offices within France, Sections 1.2, 3 and 4.1 of the Agreement are deleted and replaced with the following new Sections 1.2, 3.3 and 4.1:
1.2 Reservation of Rights; Restrictions. Elastic owns all right title and interest in and to the Software and any derivative works thereof, and except as expressly set forth in Section 1.1 above, no other license to the Software is granted to You by implication, or otherwise. You agree not to prepare derivative works from, modify, copy or use the Software in any manner except as expressly permitted in this Agreement; provided that You may copy the Software for archival purposes, only where such software is provided on a non-durable medium; and You may decompile the Software, where necessary for interoperability purposes and where necessary for the correction of errors making the software unfit for its intended purpose, if such right is not reserved by Elastic as editor of the Software. Pursuant to article L122-6-1 of the French intellectual property code, Elastic reserves the right to correct any bugs as necessary for the Software to serve its intended purpose. You agree not to: (i) transfer, sell, rent, lease, distribute, sublicense, loan or otherwise transfer the Software in whole or in part to any third party; (ii) use the Software for providing time-sharing services, any software-as-a-service offering (“SaaS”), service bureau services or as part of an application services provider or other service offering; (iii) alter or remove any proprietary notices in the Software; or (iv) make available to any third party any analysis of the results of operation of the Software, including benchmarking results, without the prior written consent of Elastic.
3.3 Warranty Disclaimer. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, AND ELASTIC AND ITS LICENSORS MAKE NO WARRANTIES WHETHER EXPRESSED, IMPLIED OR STATUTORY REGARDING OR RELATING TO THE SOFTWARE OR DOCUMENTATION. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ELASTIC AND ITS LICENSORS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SOFTWARE AND DOCUMENTATION, AND WITH RESPECT TO THE USE OF THE FOREGOING. FURTHER, ELASTIC DOES NOT WARRANT RESULTS OF USE OR THAT THE SOFTWARE WILL BE ERROR FREE OR THAT THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED.
4.1 Disclaimer of Certain Damages. IN NO EVENT SHALL YOU OR ELASTIC OR ITS LICENSORS BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, COST OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT OR UNFORESEEABLE DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, OR THE PERFORMANCE OF OR FAILURE TO PERFORM THIS AGREEMENT, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE. THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 4.1 SHALL NOT APPLY TO A BREACH, THROUGH GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT BY YOU, OF THE SCOPE OF THE LICENSE GRANTED IN SECTION 1.1, OR IN CASE OF DEATH OR PERSONAL INJURY.
(6) In addition, for Customers located within Australia: (a) Sections 3.1, 3.2 and 3.3 of the Agreement are deleted and replaced with the following new Sections 3.1, 3.2, 3.3, 3.4 and 3.5; and (b) Sections 4.1, 4.2 and 4.3 of the Agreement are deleted and replaced with the following new Sections 4.1, 4.2, and 4.3:
3.1 Despite anything in this Agreement, Elastic’s goods come with guarantees that cannot be excluded under the Australian Consumer Law (as set out in the Competition and Consumer Act 2010 (Cth)). You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
3.2 Limited Performance Warranty. Subject to You purchasing a Subscription, Elastic warrants that during the applicable Subscription Term, the Software will perform in all material respects in accordance with the Documentation. In the event of a breach of the foregoing warranty during the Subscription Term and where You notify Elastic that the Software does not perform in all material respects in accordance with the Documentation, Elastic’s sole obligation, and Your exclusive remedy shall be for Elastic to (i) correct (at Elastic’s cost) any failure(s) of the Software to perform in all material respects in accordance with the Documentation or (ii) if Elastic is unable to provide such a correction within thirty (30) days of receipt of notice of the applicable non-conformity, You may elect to terminate this Agreement and the associated Subscription, and Elastic will promptly refund to You any pre-paid, unused fees paid by You to Elastic for the applicable Subscription. The warranty set forth in this Section 3.2 does not apply if the applicable Software or any portion thereof: (a) has been altered, except by or on behalf Elastic; (b) has not been used, installed, operated, repaired, or maintained in accordance with this Agreement and/or the Documentation; (c) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident; or (d) is used on equipment, products, or systems not meeting specifications identified by Elastic in the Documentation. Additionally, the warranties set forth herein only apply when notice of a warranty claim is provided to Elastic within the applicable warranty period specified herein and do not apply to any bug, defect or error caused by or attributable to software or hardware not supplied by Elastic.
3.3 For the purposes of Section 3.2, You must use the contact details set out below to notify Elastic that the Software does not perform in all material respects in accordance with the Documentation:
Elasticsearch Pty Ltd
4th Floor, 17-19 Alberta Street
Sydney, New South Wales, 2000, Australia
3.4 Malicious Code. Elastic represents and warrants that prior to making it available for delivery to You, Elastic will use standard industry practices including, without limitation, the use of an updated commercial anti-virus program, to test the Software for Malicious Code and remove any Malicious Code it discovers. In the event of a breach of the foregoing warranty, Elastic’s sole obligation, and Your exclusive remedy shall be, at Elastic’s option, for Elastic to replace the Software with Software that does not contain any Malicious Code or to pay for the cost of the Software to be replaced with Software that does not contain any Malicious Code.
3.5 Warranty Disclaimer. NOTHING IN THIS AGREEMENT IS INTENDED TO LIMIT CUSTOMER’S NON-EXCLUDABLE RIGHTS UNDER THE COMPETITION AND CONSUMER ACT 2010 (CTH). EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, AND ELASTIC AND ITS LICENSORS MAKE NO WARRANTIES WHETHER EXPRESSED, IMPLIED OR STATUTORY REGARDING OR RELATING TO THE SOFTWARE OR DOCUMENTATION. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW AND EXCEPT AS SET OUT IN THIS AGREEMENT, ELASTIC AND ITS LICENSORS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE AND DOCUMENTATION, AND WITH RESPECT TO THE USE OF THE FOREGOING. FURTHER, ELASTIC DOES NOT WARRANT RESULTS OF USE OR THAT THE SOFTWARE WILL BE ERROR FREE OR THAT THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED.
4.1 Disclaimer of Certain Damages. Subject to clause 4.3, a party is not liable for Consequential Loss however caused (including by the negligence of that party) suffered or incurred by the other party in connection with this agreement. “Consequential Loss” means loss of revenues, loss of reputation, indirect loss, loss of profits, consequential loss, loss of actual or anticipated savings, indirect loss, lost opportunities, including opportunities to enter into arrangements with third parties, loss or damage in connection with claims against by third parties, or loss or corruption or data.
4.2 Damages Cap. SUBJECT TO CLAUSES 4.1 AND 4.3, ANY LIABILITY OF ELASTIC FOR ANY LOSS OR DAMAGE, HOWEVER CAUSED (INCLUDING BY THE NEGLIGENCE OF ELASTIC), SUFFERED BY YOU IN CONNECTION WITH THIS AGREEMENT IS LIMITED TO ONE THOUSAND DOLLARS ($1,000). THE LIMITATION SET OUT IN THIS SECTION 4.2 IS AN AGGREGATE LIMIT FOR ALL CLAIMS, WHENEVER MADE.
4.3 Australian Consumer Law. IF THE COMPETITION AND CONSUMER ACT 2010 (CTH) OR ANY OTHER LEGISLATION STATES THAT THERE IS A GUARANTEE IN RELATION TO ANY GOOD OR SERVICE SUPPLIED BY ELASTIC IN CONNECTION WITH THIS AGREEMENT, AND ELASTIC’S LIABILITY FOR FAILING TO COMPLY WITH THAT GUARANTEE CANNOT BE EXCLUDED BUT MAY BE LIMITED, SECTIONS 4.1, 4.2 AND 4.3 DO NOT APPLY TO THAT LIABILITY. INSTEAD, ELASTIC’S LIABILITY FOR THAT FAILURE IS LIMITED TO (AT THE ELECTION OF ELASTIC), IN THE CASE OF A SUPPLY OF GOODS, ELASTIC REPLACING THE GOODS OR SUPPLYING EQUIVALENT GOODS OR REPAIRING THE GOODS, OR IN THE CASE OF A SUPPLY OF SERVICES, ELASTIC SUPPLYING THE SERVICES AGAIN OR PAYING THE COST OF HAVING THE SERVICES SUPPLIED AGAIN.
(7) In addition, for Customers with principal offices within Japan, Sections 1.2, 3 and 4.1 of the Agreement are deleted and replaced with the following new Sections 1.2, 3.3 and 4.1:
1.2 Reservation of Rights; Restrictions. As between Elastic and You, Elastic owns all right title and interest in and to the Software and any derivative works thereof, and except as expressly set forth in Section 1.1 above, no other license to the Software is granted to You by implication or otherwise. You agree not to: (i) prepare derivative works from, modify, copy or use the Software in any manner except as expressly permitted in this Agreement or applicable law; (ii) transfer, sell, rent, lease, distribute, sublicense, loan or otherwise transfer the Software in whole or in part to any third party; (iii) use the Software for providing time-sharing services, any software-as-a-service offering (“SaaS”), service bureau services or as part of an application services provider or other service offering; (iv) alter or remove any proprietary notices in the Software; or (v) make available to any third party any analysis of the results of operation of the Software, including benchmarking results, without the prior written consent of Elastic.
3.3 Warranty Disclaimer. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, AND ELASTIC AND ITS LICENSORS MAKE NO WARRANTIES WHETHER EXPRESSED, IMPLIED OR STATUTORY REGARDING OR RELATING TO THE SOFTWARE OR DOCUMENTATION. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ELASTIC AND ITS LICENSORS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE AND DOCUMENTATION, AND WITH RESPECT TO THE USE OF THE FOREGOING. FURTHER, ELASTIC DOES NOT WARRANT RESULTS OF USE OR THAT THE SOFTWARE WILL BE ERROR FREE OR THAT THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED.
4.1 Disclaimer of Certain Damages. IN NO EVENT SHALL YOU OR ELASTIC OR ITS LICENSORS BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, COST OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY SPECIALINDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, OR THE PERFORMANCE OF OR FAILURE TO PERFORM THIS AGREEMENT, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN IF THE RESPONSIBLE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 4.1 SHALL NOT APPLY TO A BREACH THROUGH GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT BY YOU OF THE SCOPE OF THE LICENSE GRANTED IN SECTION 1.1 OR TO ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

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Elasticsearch X-Pack
Copyright 2009-2017 Elasticsearch

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apply plugin: 'elasticsearch.build'
archivesBaseName = 'x-pack-ml'
// TODO: enable this once we have tests
test.enabled=false
licenseHeaders.enabled = false
configurations {
nativeBundle {
resolutionStrategy.dependencySubstitution {
if (findProject(':machine-learning-cpp') != null) {
substitute module("org.elasticsearch.ml:ml-cpp") with project(":machine-learning-cpp")
} else {
substitute module("org.elasticsearch.ml:ml-cpp") with project("${project.path}:ml-cpp-snapshot")
}
}
}
}
dependencies {
provided "org.elasticsearch:elasticsearch:${version}"
compile "org.elasticsearch:x-pack-common:${version}"
// ml deps
compile 'net.sf.supercsv:super-csv:2.4.0'
nativeBundle "org.elasticsearch.ml:ml-cpp:${project.version}@zip"
testCompile 'org.ini4j:ini4j:0.5.2'
}
dependencyLicenses {
ignoreSha 'x-pack-common'
}
parent.bundlePlugin {
from jar
}

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017f8708c929029dde48bc298deaf3c7ae2452d3

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/*
* Apache License
* Version 2.0, January 2004
* http://www.apache.org/licenses/
*
* TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
*
* 1. Definitions.
*
* "License" shall mean the terms and conditions for use, reproduction,
* and distribution as defined by Sections 1 through 9 of this document.
*
* "Licensor" shall mean the copyright owner or entity authorized by
* the copyright owner that is granting the License.
*
* "Legal Entity" shall mean the union of the acting entity and all
* other entities that control, are controlled by, or are under common
* control with that entity. For the purposes of this definition,
* "control" means (i) the power, direct or indirect, to cause the
* direction or management of such entity, whether by contract or
* otherwise, or (ii) ownership of fifty percent (50%) or more of the
* outstanding shares, or (iii) beneficial ownership of such entity.
*
* "You" (or "Your") shall mean an individual or Legal Entity
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* "Source" form shall mean the preferred form for making modifications,
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* source, and configuration files.
*
* "Object" form shall mean any form resulting from mechanical
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* not limited to compiled object code, generated documentation,
* and conversions to other media types.
*
* "Work" shall mean the work of authorship, whether in Source or
* Object form, made available under the License, as indicated by a
* copyright notice that is included in or attached to the work
* (an example is provided in the Appendix below).
*
* "Derivative Works" shall mean any work, whether in Source or Object
* form, that is based on (or derived from) the Work and for which the
* editorial revisions, annotations, elaborations, or other modifications
* represent, as a whole, an original work of authorship. For the purposes
* of this License, Derivative Works shall not include works that remain
* separable from, or merely link (or bind by name) to the interfaces of,
* the Work and Derivative Works thereof.
*
* "Contribution" shall mean any work of authorship, including
* the original version of the Work and any modifications or additions
* to that Work or Derivative Works thereof, that is intentionally
* submitted to Licensor for inclusion in the Work by the copyright owner
* or by an individual or Legal Entity authorized to submit on behalf of
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* means any form of electronic, verbal, or written communication sent
* to the Licensor or its representatives, including but not limited to
* communication on electronic mailing lists, source code control systems,
* and issue tracking systems that are managed by, or on behalf of, the
* Licensor for the purpose of discussing and improving the Work, but
* excluding communication that is conspicuously marked or otherwise
* designated in writing by the copyright owner as "Not a Contribution."
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* "Contributor" shall mean Licensor and any individual or Legal Entity
* on behalf of whom a Contribution has been received by Licensor and
* subsequently incorporated within the Work.
*
* 2. Grant of Copyright License. Subject to the terms and conditions of
* this License, each Contributor hereby grants to You a perpetual,
* worldwide, non-exclusive, no-charge, royalty-free, irrevocable
* copyright license to reproduce, prepare Derivative Works of,
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* Work and such Derivative Works in Source or Object form.
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* worldwide, non-exclusive, no-charge, royalty-free, irrevocable
* (except as stated in this section) patent license to make, have made,
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* with the Work to which such Contribution(s) was submitted. If You
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* as of the date such litigation is filed.
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* Work or Derivative Works thereof in any medium, with or without
* modifications, and in Source or Object form, provided that You
* meet the following conditions:
*
* (a) You must give any other recipients of the Work or
* Derivative Works a copy of this License; and
*
* (b) You must cause any modified files to carry prominent notices
* stating that You changed the files; and
*
* (c) You must retain, in the Source form of any Derivative Works
* that You distribute, all copyright, patent, trademark, and
* attribution notices from the Source form of the Work,
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* the Derivative Works; and
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* (d) If the Work includes a "NOTICE" text file as part of its
* distribution, then any Derivative Works that You distribute must
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* of the following places: within a NOTICE text file distributed
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* wherever such third-party notices normally appear. The contents
* of the NOTICE file are for informational purposes only and
* do not modify the License. You may add Your own attribution
* notices within Derivative Works that You distribute, alongside
* or as an addendum to the NOTICE text from the Work, provided
* that such additional attribution notices cannot be construed
* as modifying the License.
*
* You may add Your own copyright statement to Your modifications and
* may provide additional or different license terms and conditions
* for use, reproduction, or distribution of Your modifications, or
* for any such Derivative Works as a whole, provided Your use,
* reproduction, and distribution of the Work otherwise complies with
* the conditions stated in this License.
*
* 5. Submission of Contributions. Unless You explicitly state otherwise,
* any Contribution intentionally submitted for inclusion in the Work
* by You to the Licensor shall be under the terms and conditions of
* this License, without any additional terms or conditions.
* Notwithstanding the above, nothing herein shall supersede or modify
* the terms of any separate license agreement you may have executed
* with Licensor regarding such Contributions.
*
* 6. Trademarks. This License does not grant permission to use the trade
* names, trademarks, service marks, or product names of the Licensor,
* except as required for reasonable and customary use in describing the
* origin of the Work and reproducing the content of the NOTICE file.
*
* 7. Disclaimer of Warranty. Unless required by applicable law or
* agreed to in writing, Licensor provides the Work (and each
* Contributor provides its Contributions) on an "AS IS" BASIS,
* WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or
* implied, including, without limitation, any warranties or conditions
* of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A
* PARTICULAR PURPOSE. You are solely responsible for determining the
* appropriateness of using or redistributing the Work and assume any
* risks associated with Your exercise of permissions under this License.
*
* 8. Limitation of Liability. In no event and under no legal theory,
* whether in tort (including negligence), contract, or otherwise,
* unless required by applicable law (such as deliberate and grossly
* negligent acts) or agreed to in writing, shall any Contributor be
* liable to You for damages, including any direct, indirect, special,
* incidental, or consequential damages of any character arising as a
* result of this License or out of the use or inability to use the
* Work (including but not limited to damages for loss of goodwill,
* work stoppage, computer failure or malfunction, or any and all
* other commercial damages or losses), even if such Contributor
* has been advised of the possibility of such damages.
*
* 9. Accepting Warranty or Additional Liability. While redistributing
* the Work or Derivative Works thereof, You may choose to offer,
* and charge a fee for, acceptance of support, warranty, indemnity,
* or other liability obligations and/or rights consistent with this
* License. However, in accepting such obligations, You may act only
* on Your own behalf and on Your sole responsibility, not on behalf
* of any other Contributor, and only if You agree to indemnify,
* defend, and hold each Contributor harmless for any liability
* incurred by, or claims asserted against, such Contributor by reason
* of your accepting any such warranty or additional liability.
*
* END OF TERMS AND CONDITIONS
*
* APPENDIX: How to apply the Apache License to your work.
*
* To apply the Apache License to your work, attach the following
* boilerplate notice, with the fields enclosed by brackets "[]"
* replaced with your own identifying information. (Don't include
* the brackets!) The text should be enclosed in the appropriate
* comment syntax for the file format. We also recommend that a
* file or class name and description of purpose be included on the
* same "printed page" as the copyright notice for easier
* identification within third-party archives.
*
* Copyright 2007 Kasper B. Graversen
*
* Licensed under the Apache License, Version 2.0 (the "License");
* you may not use this file except in compliance with the License.
* You may obtain a copy of the License at
*
* http://www.apache.org/licenses/LICENSE-2.0
*
* Unless required by applicable law or agreed to in writing, software
* distributed under the License is distributed on an "AS IS" BASIS,
* WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.
* See the License for the specific language governing permissions and
* limitations under the License.
*/

0
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COMMERCIAL SOFTWARE END USER LICENSE AGREEMENT
READ THIS COMMERCIAL SOFTWARE END USER LICENSE AGREEMENT CAREFULLY, WHICH CONSTITUTES A LEGALLY BINDING AGREEMENT AND GOVERNS YOUR USE OF ELASTIC’S PROPRIETARY SOFTWARE. BY INSTALLING AND/OR USING SUCH SOFTWARE, YOU ARE INDICATING THAT YOU AGREE TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. IF YOU DO NOT AGREE WITH SUCH TERMS AND CONDITIONS, YOU MAY NOT INSTALL OR USE ANY OF THE SOFTWARE. IF YOU ARE INSTALLING OR USING THE SOFTWARE ON BEHALF OF YOUR EMPLOYER OR ANOTHER ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE ACTUAL AUTHORITY TO AGREE TO THE TERMS AND CONDITIONS ON BEHALF OF SUCH EMPLOYER OR OTHER ENTITY.
This COMMERCIAL SOFTWARE END USER LICENSE AGREEMENT (this “Agreement") is entered into by and between the applicable Elastic entity referenced in Attachment 1 hereto (“Elastic”) and the person, or entity on behalf of whom you are acting, as applicable (“You” or “Customer”) that has downloaded any of Elastic’s proprietary software to which this Agreement is attached or in connection with which this Agreement is presented to You (collectively, the “Software”). This Agreement is effective upon the earliest date of the commencement of any License granted pursuant to Section 1.1. below (as applicable, the “Effective Date”).
1. SOFTWARE LICENSE AND RESTRICTIONS
1.1 License Grants.
(a) Trial Version License. Subject to the terms and conditions of this Agreement, Elastic agrees to grant, and does hereby grant to You, for a period of thirty (30) days from the date on which You first install the Software (the “Trial Term”), a License to use the Eligible Features and Functions of the Software that are applicable to the Trial Version of the Software.   You understand and agree that upon the expiration of a Trial Term, You will no longer be able to use the Software, unless you either (i) purchase a Subscription, in which case You will receive a License under Section 1.1(b) below to use the Eligible Features and Functions of the Software that are applicable to the Subscription level that You purchase, (ii) complete the Registration of Your use of the Software with Elastic, in which case, if available, You will receive a License under Section 1.1(c) below to the Basic Version of the Software or (iii) obtain from Elastic written consent (e-mail sufficient) to extend the Trial Term, which may be granted by Elastic in its sole and absolute discretion.
(b) Subscription License. If you enter into a Subscription Agreement with Elastic, then, subject to the terms and conditions of this Agreement and complete payment of any and all applicable Subscription fees, Elastic agrees to grant, and does hereby grant to You during the applicable Subscription Term, and for the restricted scope of this Agreement, a License to use the Eligible Features and Functions of the Software that are applicable to the Subscription level that You have purchased, for the number of Nodes and for the specific Project for which you have purchased a Subscription. The level of Subscription, the number of Nodes and specific Project for which you have purchased such Subscription, are set forth on the applicable ordering document entered into by Elastic and You for the purchase of the applicable Subscription (“Order Form”).
(c) Basic Version License. Subject to the terms and conditions of this Agreement, the availability of such a License for the applicable Software and any applicable limitation on the number of Nodes, and in consideration of the Registration of Your use the Software, Elastic agrees to grant, and does hereby grant to You, for a period of one (1) year from the date of Registration, a License to use the Eligible Features and Functions of the Software that are applicable to the Basic Version of the Software. The foregoing license may be renewed annually upon the mutual agreement of the parties.
1.2 Reservation of Rights; Restrictions. As between Elastic and You, Elastic owns all right title and interest in and to the Software and any derivative works thereof, and except as expressly set forth in Section 1.1 above, no other license to the Software is granted to You by implication, estoppel or otherwise. You agree not to: (i) reverse engineer or decompile, decrypt, disassemble or otherwise reduce any Software or any portion thereof to human-readable form, except and only to the extent any such restriction is prohibited by applicable law, (ii) deploy the Software on more Nodes than are permitted under the applicable License grant in Section 1.1 above, (iii) where You have purchased a Subscription, use the Software in connection with any Project other than the Project for which You have purchased such Subscription, as identified on the applicable Order Form, (iv) prepare derivative works from, modify, copy or use the Software in any manner except as expressly permitted in this Agreement; (v) except as expressly permitted in Section 1.1 above, transfer, sell, rent, lease, distribute, sublicense, loan or otherwise transfer the Software in whole or in part to any third party; (vi) except as may be expressly permitted on an applicable Order Form or in another agreement between the parties, use the Software for providing time-sharing services, any software-as-a-service offering (“SaaS”), service bureau services or as part of an application services provider or other service offering; (vii) circumvent the limitations on use of the Software that are imposed or preserved by any License Key, (viii) alter or remove any Marks and Notices in the Software; (ix) deploy the Commercial Software on or in connection with any third party infrastructure as a service that includes any Elastic-branded software as a service; or (x) make available to any third party any analysis of the results of operation of the Software, including benchmarking results, without the prior written consent of Elastic. The Software may contain or be provided with open source libraries, components, utilities and other open source software (collectively, “Open Source Software”), which Open Source Software may have applicable license terms as identified on a website designated by Elastic or otherwise provided with the Software or Documentation. Notwithstanding anything to the contrary herein, use of the Open Source Software shall be subject to the license terms and conditions applicable to such Open Source Software, to the extent required by the applicable licensor (which terms shall not restrict the license rights granted to You hereunder, but may contain additional rights).
1.3 Audit Rights. You agree that, unless such right is waived in writing by Elastic, Elastic shall have the right, upon fifteen (15) days’ notice to You, to audit Your use of the Software for compliance with any limitations on Your use of the Software that are set forth herein. You agree to provide Elastic with the necessary access to the Software to conduct such an audit either (i) remotely, or (ii) if remote performance is not possible, at Your facilities, during normal business hours and no more than one (1) time in any twelve (12) month period. In the event any such audit reveals that You have used the Software in excess of the applicable quantitative limitations, You agree to promptly pay to Elastic an amount equal to the difference between the fees actually paid and the fees that You should have paid to remain in compliance with such quantitative limitations. This Section 1.3 shall survive for a period of two (2) years from the termination or expiration of this Agreement.
1.4 Cluster Metadata. You understand and agree that once deployed, and on a daily basis, the Software may provide metadata to Elastic about Your cluster statistics and associates that metadata with Your IP address. However, no other information is provided to Elastic by the Software, including any information about the data You process or store in connection with Your use of the Software. Instructions for disabling this feature are contained in the Software, however leaving this feature active enables Elastic to gather cluster statistics and provide an improved level of support to You.
2. TERM AND TERMINATION
2.1 Term. Unless earlier terminated under Section 2.2 below, this Agreement shall commence on the Effective Date, and shall continue in force for the term of the last to expire applicable license set forth in Section 1.1 above.
2.2 Termination. Either party may, upon written notice to the other party, terminate this Agreement for material breach by the other party automatically and without any other formality, if such party has failed to cure such material breach within thirty (30) days of receiving written notice of such material breach from the non-breaching party. Notwithstanding the foregoing, this Agreement shall automatically terminate in the event that You intentionally breach the scope of a license granted in Section 1.1 of this Agreement, provided that Elastic reserves the right to retroactively waive such automatic termination upon written notice to You.
2.3 Post Termination or Expiration. Upon termination or expiration of this Agreement, for any reason, You shall promptly cease the use of the Software and Documentation and destroy (and certify to Elastic in writing the fact of such destruction), or return to Elastic, all copies of the Software and Documentation then in Your possession or under Your control.
2.4 Survival. Sections 2.3, 2.4, 3, 4, 5 and 6 (as any such Sections may be modified by Attachment 1, if applicable) shall survive any termination or expiration of this Agreement.
3. LIMITED WARRANTY AND DISCLAIMER OF WARRANTIES
3.1 Limited Performance Warranty. Subject to You purchasing a Subscription, Elastic warrants that during the applicable Subscription Term, the Software will perform in all material respects in accordance with the Documentation. In the event of a breach of the foregoing warranty, Elastic’s sole obligation, and Your exclusive remedy shall be for Elastic to (i) correct any failure(s) of the Software to perform in all material respects in accordance with the Documentation or (ii) if Elastic is unable to provide such a correction within thirty (30) days of receipt of notice of the applicable non-conformity, You may elect to terminate this Agreement and the associated Subscription, and Elastic will promptly refund to You any pre-paid, unused fees paid by You to Elastic for the applicable Subscription. The warranty set forth in this Section 3.1 does not apply if the applicable Software or any portion thereof: (a) has been altered, except by or on behalf Elastic; (b) has not been used, installed, operated, repaired, or maintained in accordance with this Agreement and/or the Documentation; (c) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident; or (d) is used on equipment, products, or systems not meeting specifications identified by Elastic in the Documentation. Additionally, the warranties set forth herein only apply when notice of a warranty claim is provided to Elastic within the applicable warranty period specified herein and do not apply to any bug, defect or error caused by or attributable to software or hardware not supplied by Elastic.
3.2 Malicious Code. Elastic represents and warrants that prior to making it available for delivery to You, Elastic will use standard industry practices including, without limitation, the use of an updated commercial anti-virus program, to test the Software for Malicious Code and remove any Malicious Code it discovers. In the event of a breach of the foregoing warranty, Elastic’s sole obligation, and Your exclusive remedy shall be for Elastic to replace the Software with Software that does not contain any Malicious Code.
3.3 Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 3, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, AND ELASTIC AND ITS LICENSORS MAKE NO WARRANTIES WHETHER EXPRESSED, IMPLIED OR STATUTORY REGARDING OR RELATING TO THE SOFTWARE OR DOCUMENTATION. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ELASTIC AND ITS LICENSORS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE AND DOCUMENTATION, AND WITH RESPECT TO THE USE OF THE FOREGOING. FURTHER, ELASTIC DOES NOT WARRANT RESULTS OF USE OR THAT THE SOFTWARE WILL BE ERROR FREE OR THAT THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED.
4. LIMITATION OF LIABILITY
The provisions of this Section 4, including to the extent modified by an applicable provision in Attachment 1 hereto, apply if You have not purchased a Subscription. If you have purchased a Subscription, then the limitations of liability set forth in the applicable Subscription Agreement will apply in lieu of those set forth in this Section 4, including to the extent modified by an applicable provision in Attachment 1 hereto.
4.1 Disclaimer of Certain Damages. IN NO EVENT SHALL YOU OR ELASTIC OR ITS LICENSORS BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, COST OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, OR THE PERFORMANCE OF OR FAILURE TO PERFORM THIS AGREEMENT, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN IF THE RESPONSIBLE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 4.1 SHALL NOT APPLY TO A BREACH THROUGH GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT BY YOU OF THE SCOPE OF THE LICENSE GRANTED IN SECTION 1.1 OR TO ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
4.2 Damages Cap. IN NO EVENT SHALL ELASTIC’S OR ITS LICENSORS’ AGGREGATE, CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED ONE THOUSAND DOLLARS ($1,000).
4.3 YOU AGREE THAT THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS ARE A REASONABLE ALLOCATION OF THE RISK BETWEEN THE PARTIES AND WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS IN ITS ESSENTIAL PURPOSE.
5. MISCELLANEOUS
This Agreement, including Attachment 1 hereto, which is hereby incorporated herein by this reference, as well as any applicable Order Form and Subscription Agreement, completely and exclusively state the entire agreement of the parties regarding the subject matter herein, and it supersedes, and its terms govern, all prior proposals, agreements, or other communications between the parties, oral or written, regarding such subject matter. In the event of any conflict between the terms and conditions of any of the foregoing documents, the conflict shall be resolved based on the following order of precedence: (i) an applicable Order Form (but only for the transaction thereunder), (ii) an applicable Subscription Agreement, (iii) the Support Services Policy and (iv) this Agreement. For the avoidance of doubt, the parties hereby expressly acknowledge and agree that if You issue any purchase order or similar document in connection with the purchase of a Subscription and/or obtaining of License to the Software, You will do so only for Your internal, administrative purposes and not with the intent to provide any contractual terms. This Agreement may not be modified except by a subsequently dated, written amendment that expressly amends this Agreement and which is signed on behalf of Elastic and You, by duly authorized representatives. If any provision hereof is held unenforceable, this Agreement will continue without said provision and be interpreted to reflect the original intent of the parties.
6. DEFINITIONS
The following terms have the meanings ascribed:
6.1 “Affiliate” means, with respect to a party, any entity that controls, is controlled by, or which is under common control with, such party, where “control” means ownership of at least fifty percent (50%) of the outstanding voting shares of the entity, or the contractual right to establish policy for, and manage the operations of, the entity.
6.2 “Basic Version” means that version of the Software available for use without the purchase of a Subscription, but which does require Registration.
6.3 “Contractor” means any third party contractor performing services on Your behalf.
6.4 “Documentation” means the published end user documentation provided by Elastic with the Software.
6.5 “Eligible Features and Functions” means those features and functions of the Software that are eligible for use with respect to the particular version of the Software licensed by You or the Subscription level purchased by You. A list of the Eligible Features and Functions that correspond to each version of the Software and Subscription levels may be found at https://www.elastic.co/subscriptions.
6.6 “License” means a limited, non-exclusive, non-transferable, fully paid up, right and license (without the right to grant or authorize sublicenses) solely for Your internal business operations to (i) install and use, in object code format, the Software, (ii) use, and distribute internally a reasonable number of copies of the Documentation, provided that You must include on such copies all Marks and Notices; (iii) permit Contractors and Your Affiliates to use the Software and Documentation as set forth in (i) and (ii) above, provided that such use by Contractors must be solely for Your benefit, and You shall be responsible for all acts and omissions of such Contractors and Affiliates in connection with their use of the Software that are contrary to the terms and conditions of this Agreement.
6.7 “License Key” means an alphanumeric code that enables the Eligible Features and Functions of the Software.
6.8 “Malicious Code” means any code that is designed to harm, or otherwise disrupt in any unauthorized manner, the operation of Your computer programs or computer systems or destroy or damage data. For clarity, Malicious Code shall not include any software bugs or errors handled through Support Services, or any standard features of functions of the Software and/or any License Key that are intended to enforce the temporal and/or other limitations on the scope of the use of the Software to the scope of the License granted to You.
6.9 “Marks and Notices” means all Elastic trademarks, trade names, logos and notices present on the Documentation as originally provided by Elastic.
6.10 “Node” means an instance of Software on a single physical server or virtual machine, provided that all client Nodes are excluded from calculating Subscription fees based on the number of Nodes.
6.11 “Project” means a specific use case for the Software, with Nodes being deployed for use in a logical grouping of functionality to support such use case.
6.12 “Registration” means Elastic’s then-current process under which You may register Your use of the Software with Elastic by providing certain information to Elastic regarding You and Your use of the Software.
6.13 “Subscription” means the right to receive Support Services and a License to the Software.
6.14 “Subscription Agreement” means a legally enforceable agreement between You and Elastic, under which You purchase a Subscription.
6.15 “Subscription Level” means the level of Subscription purchased by You. The Subscription Level purchased by You determines the specific Support Services that You are entitled to receive, and the specific Eligible Features and functions that You are entitled to use.
6.16 “Subscription Term” means the period of time for which You have purchased a Subscription.
6.17 “Trial Version” means that version of the Software available for use without the purchase of a Subscription and without Registration.
ATTACHMENT 1
ADDITIONAL TERMS AND CONDITIONS
A. The following additional terms and conditions apply to all Customers with principal offices in the United States of America:
(1) Applicable Elasticsearch Entity. The entity providing the license is Elasticsearch, Inc., a Delaware corporation.
(2) Government Rights. The Software product is "Commercial Computer Software," as that term is defined in 48 C.F.R. 2.101, and as the term is used in 48 C.F.R. Part 12, and is a Commercial Item comprised of "commercial computer software" and "commercial computer software documentation". If acquired by or on behalf of a civilian agency, the U.S. Government acquires this commercial computer software and/or commercial computer software documentation subject to the terms of this Agreement, as specified in 48 C.F.R. 12.212 (Computer Software) and 12.211 (Technical Data) of the Federal Acquisition Regulation ("FAR") and its successors. If acquired by or on behalf of any agency within the Department of Defense ("DOD"), the U.S. Government acquires this commercial computer software and/or commercial computer software documentation subject to the terms of the Elastic Software End User License Agreement as specified in 48 C.F.R. 227.7202-3 and 48 C.F.R. 227.7202-4 of the DOD FAR Supplement ("DFARS") and its successors, and consistent with 48 C.F.R. 227.7202. This U.S. Government Rights clause, consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202 is in lieu of, and supersedes, any other FAR, DFARS, or other clause or provision that addresses Government rights in computer software, computer software documentation or technical data related to the Software under this Agreement and in any Subcontract under which this commercial computer software and commercial computer software documentation is acquired or licensed.
(3) Export Control. You acknowledge that the goods, software and technology acquired from Elastic are subject to U.S. export control laws and regulations, including but not limited to the International Traffic In Arms Regulations (“ITAR”) (22 C.F.R. Parts 120-130 (2010)); the Export Administration Regulations ("EAR") (15 C.F.R. Parts 730-774 (2010)); the U.S. antiboycott regulations in the EAR and U.S. Department of the Treasury regulations; the economic sanctions regulations and guidelines of the U.S. Department of the Treasury, Office of Foreign Assets Control, and the USA Patriot Act (Title III of Pub. L. 107-56, signed into law October 26, 2001), as amended.  You are now and will remain in the future compliant with all such export control laws and regulations, and will not export, re-export, otherwise transfer any Elastic goods, software or technology or disclose any Elastic software or technology to any person contrary to such laws or regulations.  You acknowledge that remote access to the Software may in certain circumstances be considered a re-export of Software, and accordingly, may not be granted in contravention of U.S. export control laws and regulations.
(4) Governing Law, Jurisdiction and Venue.
(a) Customers in California. If Customer is located in California (as determined by the Customer address on the applicable Order Form, or for a trial license under 1.1(a), the location of person who installed the Software), this Agreement will be governed by the laws of the State of California, without regard to its conflict of laws principles, and all suits hereunder will be brought solely in Federal Court for the Northern District of California, or if that court lacks subject matter jurisdiction, in any California State Court located in Santa Clara County.
(b) Customers Outside of California. If Customer is located anywhere other than California (as determined by the Customer address on the applicable Order Form, or for a trial license under 1.1(a), the location of person who installed the Software), this Agreement will be governed by the laws of the State of Delaware, without regard to its conflict of laws principles, and all suits hereunder will be brought solely in Federal Court for the District of Delaware, or if that court lacks subject matter jurisdiction, in any Delaware State Court located in Wilmington, Delaware.
(c) All Customers. This Agreement shall not be governed by the 1980 UN Convention on Contracts for the International Sale of Goods. The parties hereby irrevocably waive any and all claims and defenses either might otherwise have in any action or proceeding in any of the applicable courts set forth in (a) or (b) above, based upon any alleged lack of personal jurisdiction, improper venue, forum non conveniens, or any similar claim or defense.
(d) Equitable Relief. A breach or threatened breach, by either party of Section 4 may cause irreparable harm for which the non-breaching party shall be entitled to seek injunctive relief without being required to post a bond.
B. The following additional terms and conditions apply to all Customers with principal offices in Canada:
(1) Applicable Elasticsearch Entity. The entity providing the license is Elasticsearch B.C. Ltd., a corporation incorporated under laws of the Province of British Columbia.
(2) Export Control. You acknowledge that the goods, software and technology acquired from Elastic are subject to the restrictions and controls set out in Section A(3) above as well as those imposed by the Export and Import Permits Act (Canada) and the regulations thereunder and that you will comply with all applicable laws and regulations. Without limitation, You acknowledge that the Software, or any portion thereof, will not be exported: (a) to any country on Canada's Area Control List; (b) to any country subject to UN Security Council embargo or action; or (c) contrary to Canada's Export Control List Item 5505. You are now and will remain in the future compliant with all such export control laws and regulations, and will not export, re-export, otherwise transfer any Elastic goods, software or technology or disclose any Elastic software or technology to any person contrary to such laws or regulations.  You will not export or re-export the Software, or any portion thereof, directly or indirectly, in violation of the Canadian export administration laws and regulations to any country or end user, or to any end user who you know or have reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons. You further acknowledge that the Software product may include technical data subject to such Canadian export regulations. Elastic does not represent that the Software is appropriate or available for use in all countries. Elastic prohibits accessing materials from countries or states where contents are illegal. You are using the Software on your own initiative and you are responsible for compliance with all applicable laws. You hereby agree to indemnify Elastic and its Affiliates from any claims, actions, liability or expenses (including reasonable lawyers' fees) resulting from Your failure to act in accordance with the acknowledgements, agreements, and representations in this Section B(2).
(3) Governing Law and Dispute Resolution. This Agreement shall be governed by the Province of Ontario and the federal laws of Canada applicable therein without regard to conflict of laws provisions. The parties hereby irrevocably waive any and all claims and defenses either might otherwise have in any such action or proceeding in any of such courts based upon any alleged lack of personal jurisdiction, improper venue, forum non conveniens or any similar claim or defense. Any dispute, claim or controversy arising out of or relating to this Agreement or the existence, breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, (each, a “Dispute”), which the parties are unable to resolve after good faith negotiations, shall be submitted first to the upper management level of the parties. The parties, through their upper management level representatives shall meet within thirty (30) days of the Dispute being referred to them and if the parties are unable to resolve such Dispute within thirty (30) days of meeting, the parties agree to seek to resolve the Dispute through mediation with ADR Chambers in the City of Toronto, Ontario, Canada before pursuing any other proceedings. The costs of the mediator shall be shared equally by the parties. If the Dispute has not been resolved within thirty (30) days of the notice to desire to mediate, any party may terminate the mediation and proceed to arbitration and the matter shall be referred to and finally resolved by arbitration at ADR Chambers pursuant to the general ADR Chambers Rules for Arbitration in the City of Toronto, Ontario, Canada. The arbitration shall proceed in accordance with the provisions of the Arbitration Act (Ontario). The arbitral panel shall consist of three (3) arbitrators, selected as follows: each party shall appoint one (1) arbitrator; and those two (2) arbitrators shall discuss and select a chairman. If the two (2) party-appointed arbitrators are unable to agree on the chairman, the chairman shall be selected in accordance with the applicable rules of the arbitration body. Each arbitrator shall be independent of each of the parties. The arbitrators shall have the authority to grant specific performance and to allocate between the parties the costs of arbitration (including service fees, arbitrator fees and all other fees related to the arbitration) in such equitable manner as the arbitrators may determine. The prevailing party in any arbitration shall be entitled to receive reimbursement of its reasonable expenses incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, Elastic shall have the right to institute an action in a court of proper jurisdiction for preliminary injunctive relief pending a final decision by the arbitrator, provided that a permanent injunction and damages shall only be awarded by the arbitrator. The language to be used in the arbitral proceedings shall be English.
(4) Language. Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English version, the English version of this Agreement shall govern. At the request of the parties, the official language of this Agreement and all communications and documents relating hereto is the English language, and the English-language version shall govern all interpretation of the Agreement.  À la demande des parties, la langue officielle de la présente convention ainsi que toutes communications et tous documents s'y rapportant est la langue anglaise, et la version anglaise est celle qui régit toute interprétation de la présente convention.
(5) Warranty Disclaimer. For Customers with principal offices in the Province of Québec, the following new sentence is to be added to the end of Section 3.3: “SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OR EXCLUSIONS OF CERTAIN TYPES OF DAMAGES AND/OR WARRANTIES AND CONDITIONS. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SET FORTH IN THIS AGREEMENT SHALL NOT APPLY IF AND ONLY IF AND TO THE EXTENT THAT THE LAWS OF A COMPETENT JURISDICTION REQUIRE LIABILITIES BEYOND AND DESPITE THESE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS.”
(6) Limitation of Liability. For Customers with principal offices in the Province of Québec, the following new sentence is to be added to the end of Section 4.1: “SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OR EXCLUSIONS OF CERTAIN TYPES OF DAMAGES AND/OR WARRANTIES AND CONDITIONS.  THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SET FORTH IN THIS AGREEMENT SHALL NOT APPLY IF AND ONLY IF AND TO THE EXTENT THAT THE LAWS OF A COMPETENT JURISDICTION REQUIRE LIABILITIES BEYOND AND DESPITE THESE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS.”
C. The following additional terms and conditions apply to all Customers with principal offices outside of the United States of America and Canada:
(1) Applicable Elasticsearch Entity. The entity providing the license in Germany is Elasticsearch Gmbh; in France is Elasticsearch SARL, in the United Kingdom is Elasticsearch Ltd, in Australia is Elasticsearch Pty Ltd., in Japan is Elasticsearch KK, in Sweden is Elasticsearch AB, in Norway is Elasticsearch AS and in all other countries is Elasticsearch BV.
(2) Choice of Law. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without reference to or application of choice of law rules or principles. Notwithstanding any choice of law provision or otherwise, the Uniform Computer Information Transactions Act (UCITA) and the United Nations Convention on the International Sale of Goods shall not apply.
(3) Arbitration. Any dispute, claim or controversy arising out of or relating to this Agreement or the existence, breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, (each, a “Dispute”) shall be referred to and finally resolved by arbitration under the rules and at the location identified below. The arbitral panel shall consist of three (3) arbitrators, selected as follows: each party shall appoint one (1) arbitrator; and those two (2) arbitrators shall discuss and select a chairman. If the two party-appointed arbitrators are unable to agree on the chairman, the chairman shall be selected in accordance with the applicable rules of the arbitration body. Each arbitrator shall be independent of each of the parties. The arbitrators shall have the authority to grant specific performance and to allocate between the parties the costs of arbitration (including service fees, arbitrator fees and all other fees related to the arbitration) in such equitable manner as the arbitrators may determine. The prevailing party in any arbitration shall be entitled to receive reimbursement of its reasonable expenses incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, Elastic shall have the right to institute an action in a court of proper jurisdiction for preliminary injunctive relief pending a final decision by the arbitrator, provided that a permanent injunction and damages shall only be awarded by the arbitrator. The language to be used in the arbitral proceedings shall be English.
In addition, the following terms only apply to Customers with principal offices within Europe, the Middle East or Africa (EMEA):
Arbitration Rules and Location. Any Dispute shall be referred to and finally resolved by arbitration under the London Court of International Arbitration (“LCIA”) Rules (which Rules are deemed to be incorporated by reference into this clause) on the basis that the governing law is the law of the State of New York, USA. The seat, or legal place, of arbitration shall be London, England.
(b) In addition, the following terms only apply to Customers with principal offices within Asia Pacific, Australia & New Zealand:
Arbitration Rules and Location. Any Dispute shall be referred to and finally resolved by arbitration under the Rules of Conciliation and Arbitration of the International Chamber of Commerce (“ICC”) in force on the date when the notice of arbitration is submitted in accordance with such Rules (which Rules are deemed to be incorporated by reference into this clause) on the basis that the governing law is the law of the State of New York, USA. The seat, or legal place, of arbitration shall be Singapore.
(c) In addition, the following terms only apply to Customers with principal offices within the Americas (excluding North America):
Arbitration Rules and Location. Any Dispute shall be referred to and finally resolved by arbitration under International Dispute Resolution Procedures of the American Arbitration Association (“AAA”) in force on the date when the notice of arbitration is submitted in accordance with such Procedures (which Procedures are deemed to be incorporated by reference into this clause) on the basis that the governing law is the law of the State of New York, USA. The seat, or legal place, of arbitration shall be New York, New York, USA.
(4) In addition, for Customers with principal offices within the UK, the following new sentence is added to the end of Section 4.1:
Nothing in this Agreement shall have effect so as to limit or exclude a party’s liability for death or personal injury caused by negligence or for fraud including fraudulent misrepresentation and this Section 4.1 shall take effect subject to this provision.
(5) In addition, for Customers with principal offices within France, Sections 1.2, 3 and 4.1 of the Agreement are deleted and replaced with the following new Sections 1.2, 3.3 and 4.1:
1.2 Reservation of Rights; Restrictions. Elastic owns all right title and interest in and to the Software and any derivative works thereof, and except as expressly set forth in Section 1.1 above, no other license to the Software is granted to You by implication, or otherwise. You agree not to prepare derivative works from, modify, copy or use the Software in any manner except as expressly permitted in this Agreement; provided that You may copy the Software for archival purposes, only where such software is provided on a non-durable medium; and You may decompile the Software, where necessary for interoperability purposes and where necessary for the correction of errors making the software unfit for its intended purpose, if such right is not reserved by Elastic as editor of the Software. Pursuant to article L122-6-1 of the French intellectual property code, Elastic reserves the right to correct any bugs as necessary for the Software to serve its intended purpose. You agree not to: (i) transfer, sell, rent, lease, distribute, sublicense, loan or otherwise transfer the Software in whole or in part to any third party; (ii) use the Software for providing time-sharing services, any software-as-a-service offering (“SaaS”), service bureau services or as part of an application services provider or other service offering; (iii) alter or remove any proprietary notices in the Software; or (iv) make available to any third party any analysis of the results of operation of the Software, including benchmarking results, without the prior written consent of Elastic.
3.3 Warranty Disclaimer. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, AND ELASTIC AND ITS LICENSORS MAKE NO WARRANTIES WHETHER EXPRESSED, IMPLIED OR STATUTORY REGARDING OR RELATING TO THE SOFTWARE OR DOCUMENTATION. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ELASTIC AND ITS LICENSORS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SOFTWARE AND DOCUMENTATION, AND WITH RESPECT TO THE USE OF THE FOREGOING. FURTHER, ELASTIC DOES NOT WARRANT RESULTS OF USE OR THAT THE SOFTWARE WILL BE ERROR FREE OR THAT THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED.
4.1 Disclaimer of Certain Damages. IN NO EVENT SHALL YOU OR ELASTIC OR ITS LICENSORS BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, COST OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT OR UNFORESEEABLE DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, OR THE PERFORMANCE OF OR FAILURE TO PERFORM THIS AGREEMENT, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE. THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 4.1 SHALL NOT APPLY TO A BREACH, THROUGH GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT BY YOU, OF THE SCOPE OF THE LICENSE GRANTED IN SECTION 1.1, OR IN CASE OF DEATH OR PERSONAL INJURY.
(6) In addition, for Customers located within Australia: (a) Sections 3.1, 3.2 and 3.3 of the Agreement are deleted and replaced with the following new Sections 3.1, 3.2, 3.3, 3.4 and 3.5; and (b) Sections 4.1, 4.2 and 4.3 of the Agreement are deleted and replaced with the following new Sections 4.1, 4.2, and 4.3:
3.1 Despite anything in this Agreement, Elastic’s goods come with guarantees that cannot be excluded under the Australian Consumer Law (as set out in the Competition and Consumer Act 2010 (Cth)). You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
3.2 Limited Performance Warranty. Subject to You purchasing a Subscription, Elastic warrants that during the applicable Subscription Term, the Software will perform in all material respects in accordance with the Documentation. In the event of a breach of the foregoing warranty during the Subscription Term and where You notify Elastic that the Software does not perform in all material respects in accordance with the Documentation, Elastic’s sole obligation, and Your exclusive remedy shall be for Elastic to (i) correct (at Elastic’s cost) any failure(s) of the Software to perform in all material respects in accordance with the Documentation or (ii) if Elastic is unable to provide such a correction within thirty (30) days of receipt of notice of the applicable non-conformity, You may elect to terminate this Agreement and the associated Subscription, and Elastic will promptly refund to You any pre-paid, unused fees paid by You to Elastic for the applicable Subscription. The warranty set forth in this Section 3.2 does not apply if the applicable Software or any portion thereof: (a) has been altered, except by or on behalf Elastic; (b) has not been used, installed, operated, repaired, or maintained in accordance with this Agreement and/or the Documentation; (c) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident; or (d) is used on equipment, products, or systems not meeting specifications identified by Elastic in the Documentation. Additionally, the warranties set forth herein only apply when notice of a warranty claim is provided to Elastic within the applicable warranty period specified herein and do not apply to any bug, defect or error caused by or attributable to software or hardware not supplied by Elastic.
3.3 For the purposes of Section 3.2, You must use the contact details set out below to notify Elastic that the Software does not perform in all material respects in accordance with the Documentation:
Elasticsearch Pty Ltd
4th Floor, 17-19 Alberta Street
Sydney, New South Wales, 2000, Australia
3.4 Malicious Code. Elastic represents and warrants that prior to making it available for delivery to You, Elastic will use standard industry practices including, without limitation, the use of an updated commercial anti-virus program, to test the Software for Malicious Code and remove any Malicious Code it discovers. In the event of a breach of the foregoing warranty, Elastic’s sole obligation, and Your exclusive remedy shall be, at Elastic’s option, for Elastic to replace the Software with Software that does not contain any Malicious Code or to pay for the cost of the Software to be replaced with Software that does not contain any Malicious Code.
3.5 Warranty Disclaimer. NOTHING IN THIS AGREEMENT IS INTENDED TO LIMIT CUSTOMER’S NON-EXCLUDABLE RIGHTS UNDER THE COMPETITION AND CONSUMER ACT 2010 (CTH). EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, AND ELASTIC AND ITS LICENSORS MAKE NO WARRANTIES WHETHER EXPRESSED, IMPLIED OR STATUTORY REGARDING OR RELATING TO THE SOFTWARE OR DOCUMENTATION. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW AND EXCEPT AS SET OUT IN THIS AGREEMENT, ELASTIC AND ITS LICENSORS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE AND DOCUMENTATION, AND WITH RESPECT TO THE USE OF THE FOREGOING. FURTHER, ELASTIC DOES NOT WARRANT RESULTS OF USE OR THAT THE SOFTWARE WILL BE ERROR FREE OR THAT THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED.
4.1 Disclaimer of Certain Damages. Subject to clause 4.3, a party is not liable for Consequential Loss however caused (including by the negligence of that party) suffered or incurred by the other party in connection with this agreement. “Consequential Loss” means loss of revenues, loss of reputation, indirect loss, loss of profits, consequential loss, loss of actual or anticipated savings, indirect loss, lost opportunities, including opportunities to enter into arrangements with third parties, loss or damage in connection with claims against by third parties, or loss or corruption or data.
4.2 Damages Cap. SUBJECT TO CLAUSES 4.1 AND 4.3, ANY LIABILITY OF ELASTIC FOR ANY LOSS OR DAMAGE, HOWEVER CAUSED (INCLUDING BY THE NEGLIGENCE OF ELASTIC), SUFFERED BY YOU IN CONNECTION WITH THIS AGREEMENT IS LIMITED TO ONE THOUSAND DOLLARS ($1,000). THE LIMITATION SET OUT IN THIS SECTION 4.2 IS AN AGGREGATE LIMIT FOR ALL CLAIMS, WHENEVER MADE.
4.3 Australian Consumer Law. IF THE COMPETITION AND CONSUMER ACT 2010 (CTH) OR ANY OTHER LEGISLATION STATES THAT THERE IS A GUARANTEE IN RELATION TO ANY GOOD OR SERVICE SUPPLIED BY ELASTIC IN CONNECTION WITH THIS AGREEMENT, AND ELASTIC’S LIABILITY FOR FAILING TO COMPLY WITH THAT GUARANTEE CANNOT BE EXCLUDED BUT MAY BE LIMITED, SECTIONS 4.1, 4.2 AND 4.3 DO NOT APPLY TO THAT LIABILITY. INSTEAD, ELASTIC’S LIABILITY FOR THAT FAILURE IS LIMITED TO (AT THE ELECTION OF ELASTIC), IN THE CASE OF A SUPPLY OF GOODS, ELASTIC REPLACING THE GOODS OR SUPPLYING EQUIVALENT GOODS OR REPAIRING THE GOODS, OR IN THE CASE OF A SUPPLY OF SERVICES, ELASTIC SUPPLYING THE SERVICES AGAIN OR PAYING THE COST OF HAVING THE SERVICES SUPPLIED AGAIN.
(7) In addition, for Customers with principal offices within Japan, Sections 1.2, 3 and 4.1 of the Agreement are deleted and replaced with the following new Sections 1.2, 3.3 and 4.1:
1.2 Reservation of Rights; Restrictions. As between Elastic and You, Elastic owns all right title and interest in and to the Software and any derivative works thereof, and except as expressly set forth in Section 1.1 above, no other license to the Software is granted to You by implication or otherwise. You agree not to: (i) prepare derivative works from, modify, copy or use the Software in any manner except as expressly permitted in this Agreement or applicable law; (ii) transfer, sell, rent, lease, distribute, sublicense, loan or otherwise transfer the Software in whole or in part to any third party; (iii) use the Software for providing time-sharing services, any software-as-a-service offering (“SaaS”), service bureau services or as part of an application services provider or other service offering; (iv) alter or remove any proprietary notices in the Software; or (v) make available to any third party any analysis of the results of operation of the Software, including benchmarking results, without the prior written consent of Elastic.
3.3 Warranty Disclaimer. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, AND ELASTIC AND ITS LICENSORS MAKE NO WARRANTIES WHETHER EXPRESSED, IMPLIED OR STATUTORY REGARDING OR RELATING TO THE SOFTWARE OR DOCUMENTATION. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ELASTIC AND ITS LICENSORS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE AND DOCUMENTATION, AND WITH RESPECT TO THE USE OF THE FOREGOING. FURTHER, ELASTIC DOES NOT WARRANT RESULTS OF USE OR THAT THE SOFTWARE WILL BE ERROR FREE OR THAT THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED.
4.1 Disclaimer of Certain Damages. IN NO EVENT SHALL YOU OR ELASTIC OR ITS LICENSORS BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, COST OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY SPECIALINDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, OR THE PERFORMANCE OF OR FAILURE TO PERFORM THIS AGREEMENT, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN IF THE RESPONSIBLE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 4.1 SHALL NOT APPLY TO A BREACH THROUGH GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT BY YOU OF THE SCOPE OF THE LICENSE GRANTED IN SECTION 1.1 OR TO ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

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Elasticsearch X-Pack
Copyright 2009-2017 Elasticsearch

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apply plugin: 'elasticsearch.build'
dependencies {
}
archivesBaseName = 'x-pack-monitoring'
// TODO: enable this once we have tests
test.enabled=false
licenseHeaders.enabled = false
dependencies {
provided "org.elasticsearch:elasticsearch:${version}"
compile "org.elasticsearch:x-pack-common:${version}"
// monitoring deps
compile "org.elasticsearch.client:elasticsearch-rest-client:${version}"
compile "org.elasticsearch.client:elasticsearch-rest-client-sniffer:${version}"
}
dependencyLicenses {
mapping from: /elasticsearch-rest-client.*/, to: 'elasticsearch'
mapping from: /http.*/, to: 'httpclient' // pulled in by rest client
mapping from: /commons-.*/, to: 'commons' // pulled in by rest client
ignoreSha 'x-pack-common'
ignoreSha 'elasticsearch-rest-client'
ignoreSha 'transport-netty4'
ignoreSha 'elasticsearch-rest-client-sniffer'
}
parent.bundlePlugin {
from jar
}

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Apache License
Version 2.0, January 2004
http://www.apache.org/licenses/
TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
1. Definitions.
"License" shall mean the terms and conditions for use, reproduction,
and distribution as defined by Sections 1 through 9 of this document.
"Licensor" shall mean the copyright owner or entity authorized by
the copyright owner that is granting the License.
"Legal Entity" shall mean the union of the acting entity and all
other entities that control, are controlled by, or are under common
control with that entity. For the purposes of this definition,
"control" means (i) the power, direct or indirect, to cause the
direction or management of such entity, whether by contract or
otherwise, or (ii) ownership of fifty percent (50%) or more of the
outstanding shares, or (iii) beneficial ownership of such entity.
"You" (or "Your") shall mean an individual or Legal Entity
exercising permissions granted by this License.
"Source" form shall mean the preferred form for making modifications,
including but not limited to software source code, documentation
source, and configuration files.
"Object" form shall mean any form resulting from mechanical
transformation or translation of a Source form, including but
not limited to compiled object code, generated documentation,
and conversions to other media types.
"Work" shall mean the work of authorship, whether in Source or
Object form, made available under the License, as indicated by a
copyright notice that is included in or attached to the work
(an example is provided in the Appendix below).
"Derivative Works" shall mean any work, whether in Source or Object
form, that is based on (or derived from) the Work and for which the
editorial revisions, annotations, elaborations, or other modifications
represent, as a whole, an original work of authorship. For the purposes
of this License, Derivative Works shall not include works that remain
separable from, or merely link (or bind by name) to the interfaces of,
the Work and Derivative Works thereof.
"Contribution" shall mean any work of authorship, including
the original version of the Work and any modifications or additions
to that Work or Derivative Works thereof, that is intentionally
submitted to Licensor for inclusion in the Work by the copyright owner
or by an individual or Legal Entity authorized to submit on behalf of
the copyright owner. For the purposes of this definition, "submitted"
means any form of electronic, verbal, or written communication sent
to the Licensor or its representatives, including but not limited to
communication on electronic mailing lists, source code control systems,
and issue tracking systems that are managed by, or on behalf of, the
Licensor for the purpose of discussing and improving the Work, but
excluding communication that is conspicuously marked or otherwise
designated in writing by the copyright owner as "Not a Contribution."
"Contributor" shall mean Licensor and any individual or Legal Entity
on behalf of whom a Contribution has been received by Licensor and
subsequently incorporated within the Work.
2. Grant of Copyright License. Subject to the terms and conditions of
this License, each Contributor hereby grants to You a perpetual,
worldwide, non-exclusive, no-charge, royalty-free, irrevocable
copyright license to reproduce, prepare Derivative Works of,
publicly display, publicly perform, sublicense, and distribute the
Work and such Derivative Works in Source or Object form.
3. Grant of Patent License. Subject to the terms and conditions of
this License, each Contributor hereby grants to You a perpetual,
worldwide, non-exclusive, no-charge, royalty-free, irrevocable
(except as stated in this section) patent license to make, have made,
use, offer to sell, sell, import, and otherwise transfer the Work,
where such license applies only to those patent claims licensable
by such Contributor that are necessarily infringed by their
Contribution(s) alone or by combination of their Contribution(s)
with the Work to which such Contribution(s) was submitted. If You
institute patent litigation against any entity (including a
cross-claim or counterclaim in a lawsuit) alleging that the Work
or a Contribution incorporated within the Work constitutes direct
or contributory patent infringement, then any patent licenses
granted to You under this License for that Work shall terminate
as of the date such litigation is filed.
4. Redistribution. You may reproduce and distribute copies of the
Work or Derivative Works thereof in any medium, with or without
modifications, and in Source or Object form, provided that You
meet the following conditions:
(a) You must give any other recipients of the Work or
Derivative Works a copy of this License; and
(b) You must cause any modified files to carry prominent notices
stating that You changed the files; and
(c) You must retain, in the Source form of any Derivative Works
that You distribute, all copyright, patent, trademark, and
attribution notices from the Source form of the Work,
excluding those notices that do not pertain to any part of
the Derivative Works; and
(d) If the Work includes a "NOTICE" text file as part of its
distribution, then any Derivative Works that You distribute must
include a readable copy of the attribution notices contained
within such NOTICE file, excluding those notices that do not
pertain to any part of the Derivative Works, in at least one
of the following places: within a NOTICE text file distributed
as part of the Derivative Works; within the Source form or
documentation, if provided along with the Derivative Works; or,
within a display generated by the Derivative Works, if and
wherever such third-party notices normally appear. The contents
of the NOTICE file are for informational purposes only and
do not modify the License. You may add Your own attribution
notices within Derivative Works that You distribute, alongside
or as an addendum to the NOTICE text from the Work, provided
that such additional attribution notices cannot be construed
as modifying the License.
You may add Your own copyright statement to Your modifications and
may provide additional or different license terms and conditions
for use, reproduction, or distribution of Your modifications, or
for any such Derivative Works as a whole, provided Your use,
reproduction, and distribution of the Work otherwise complies with
the conditions stated in this License.
5. Submission of Contributions. Unless You explicitly state otherwise,
any Contribution intentionally submitted for inclusion in the Work
by You to the Licensor shall be under the terms and conditions of
this License, without any additional terms or conditions.
Notwithstanding the above, nothing herein shall supersede or modify
the terms of any separate license agreement you may have executed
with Licensor regarding such Contributions.
6. Trademarks. This License does not grant permission to use the trade
names, trademarks, service marks, or product names of the Licensor,
except as required for reasonable and customary use in describing the
origin of the Work and reproducing the content of the NOTICE file.
7. Disclaimer of Warranty. Unless required by applicable law or
agreed to in writing, Licensor provides the Work (and each
Contributor provides its Contributions) on an "AS IS" BASIS,
WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or
implied, including, without limitation, any warranties or conditions
of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A
PARTICULAR PURPOSE. You are solely responsible for determining the
appropriateness of using or redistributing the Work and assume any
risks associated with Your exercise of permissions under this License.
8. Limitation of Liability. In no event and under no legal theory,
whether in tort (including negligence), contract, or otherwise,
unless required by applicable law (such as deliberate and grossly
negligent acts) or agreed to in writing, shall any Contributor be
liable to You for damages, including any direct, indirect, special,
incidental, or consequential damages of any character arising as a
result of this License or out of the use or inability to use the
Work (including but not limited to damages for loss of goodwill,
work stoppage, computer failure or malfunction, or any and all
other commercial damages or losses), even if such Contributor
has been advised of the possibility of such damages.
9. Accepting Warranty or Additional Liability. While redistributing
the Work or Derivative Works thereof, You may choose to offer,
and charge a fee for, acceptance of support, warranty, indemnity,
or other liability obligations and/or rights consistent with this
License. However, in accepting such obligations, You may act only
on Your own behalf and on Your sole responsibility, not on behalf
of any other Contributor, and only if You agree to indemnify,
defend, and hold each Contributor harmless for any liability
incurred by, or claims asserted against, such Contributor by reason
of your accepting any such warranty or additional liability.
END OF TERMS AND CONDITIONS
APPENDIX: How to apply the Apache License to your work.
To apply the Apache License to your work, attach the following
boilerplate notice, with the fields enclosed by brackets "[]"
replaced with your own identifying information. (Don't include
the brackets!) The text should be enclosed in the appropriate
comment syntax for the file format. We also recommend that a
file or class name and description of purpose be included on the
same "printed page" as the copyright notice for easier
identification within third-party archives.
Copyright [yyyy] [name of copyright owner]
Licensed under the Apache License, Version 2.0 (the "License");
you may not use this file except in compliance with the License.
You may obtain a copy of the License at
http://www.apache.org/licenses/LICENSE-2.0
Unless required by applicable law or agreed to in writing, software
distributed under the License is distributed on an "AS IS" BASIS,
WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.
See the License for the specific language governing permissions and
limitations under the License.

17
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Apache Commons Codec
Copyright 2002-2014 The Apache Software Foundation
This product includes software developed at
The Apache Software Foundation (http://www.apache.org/).
src/test/org/apache/commons/codec/language/DoubleMetaphoneTest.java
contains test data from http://aspell.net/test/orig/batch0.tab.
Copyright (C) 2002 Kevin Atkinson (kevina@gnu.org)
===============================================================================
The content of package org.apache.commons.codec.language.bm has been translated
from the original php source code available at http://stevemorse.org/phoneticinfo.htm
with permission from the original authors.
Original source copyright:
Copyright (c) 2008 Alexander Beider & Stephen P. Morse.

1
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4b95f4897fa13f2cd904aee711aeafc0c5295cd8

1
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f6f66e966c70a83ffbdb6f17a0919eaf7c8aca7f

202
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@ -0,0 +1,202 @@
Apache License
Version 2.0, January 2004
http://www.apache.org/licenses/
TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
1. Definitions.
"License" shall mean the terms and conditions for use, reproduction,
and distribution as defined by Sections 1 through 9 of this document.
"Licensor" shall mean the copyright owner or entity authorized by
the copyright owner that is granting the License.
"Legal Entity" shall mean the union of the acting entity and all
other entities that control, are controlled by, or are under common
control with that entity. For the purposes of this definition,
"control" means (i) the power, direct or indirect, to cause the
direction or management of such entity, whether by contract or
otherwise, or (ii) ownership of fifty percent (50%) or more of the
outstanding shares, or (iii) beneficial ownership of such entity.
"You" (or "Your") shall mean an individual or Legal Entity
exercising permissions granted by this License.
"Source" form shall mean the preferred form for making modifications,
including but not limited to software source code, documentation
source, and configuration files.
"Object" form shall mean any form resulting from mechanical
transformation or translation of a Source form, including but
not limited to compiled object code, generated documentation,
and conversions to other media types.
"Work" shall mean the work of authorship, whether in Source or
Object form, made available under the License, as indicated by a
copyright notice that is included in or attached to the work
(an example is provided in the Appendix below).
"Derivative Works" shall mean any work, whether in Source or Object
form, that is based on (or derived from) the Work and for which the
editorial revisions, annotations, elaborations, or other modifications
represent, as a whole, an original work of authorship. For the purposes
of this License, Derivative Works shall not include works that remain
separable from, or merely link (or bind by name) to the interfaces of,
the Work and Derivative Works thereof.
"Contribution" shall mean any work of authorship, including
the original version of the Work and any modifications or additions
to that Work or Derivative Works thereof, that is intentionally
submitted to Licensor for inclusion in the Work by the copyright owner
or by an individual or Legal Entity authorized to submit on behalf of
the copyright owner. For the purposes of this definition, "submitted"
means any form of electronic, verbal, or written communication sent
to the Licensor or its representatives, including but not limited to
communication on electronic mailing lists, source code control systems,
and issue tracking systems that are managed by, or on behalf of, the
Licensor for the purpose of discussing and improving the Work, but
excluding communication that is conspicuously marked or otherwise
designated in writing by the copyright owner as "Not a Contribution."
"Contributor" shall mean Licensor and any individual or Legal Entity
on behalf of whom a Contribution has been received by Licensor and
subsequently incorporated within the Work.
2. Grant of Copyright License. Subject to the terms and conditions of
this License, each Contributor hereby grants to You a perpetual,
worldwide, non-exclusive, no-charge, royalty-free, irrevocable
copyright license to reproduce, prepare Derivative Works of,
publicly display, publicly perform, sublicense, and distribute the
Work and such Derivative Works in Source or Object form.
3. Grant of Patent License. Subject to the terms and conditions of
this License, each Contributor hereby grants to You a perpetual,
worldwide, non-exclusive, no-charge, royalty-free, irrevocable
(except as stated in this section) patent license to make, have made,
use, offer to sell, sell, import, and otherwise transfer the Work,
where such license applies only to those patent claims licensable
by such Contributor that are necessarily infringed by their
Contribution(s) alone or by combination of their Contribution(s)
with the Work to which such Contribution(s) was submitted. If You
institute patent litigation against any entity (including a
cross-claim or counterclaim in a lawsuit) alleging that the Work
or a Contribution incorporated within the Work constitutes direct
or contributory patent infringement, then any patent licenses
granted to You under this License for that Work shall terminate
as of the date such litigation is filed.
4. Redistribution. You may reproduce and distribute copies of the
Work or Derivative Works thereof in any medium, with or without
modifications, and in Source or Object form, provided that You
meet the following conditions:
(a) You must give any other recipients of the Work or
Derivative Works a copy of this License; and
(b) You must cause any modified files to carry prominent notices
stating that You changed the files; and
(c) You must retain, in the Source form of any Derivative Works
that You distribute, all copyright, patent, trademark, and
attribution notices from the Source form of the Work,
excluding those notices that do not pertain to any part of
the Derivative Works; and
(d) If the Work includes a "NOTICE" text file as part of its
distribution, then any Derivative Works that You distribute must
include a readable copy of the attribution notices contained
within such NOTICE file, excluding those notices that do not
pertain to any part of the Derivative Works, in at least one
of the following places: within a NOTICE text file distributed
as part of the Derivative Works; within the Source form or
documentation, if provided along with the Derivative Works; or,
within a display generated by the Derivative Works, if and
wherever such third-party notices normally appear. The contents
of the NOTICE file are for informational purposes only and
do not modify the License. You may add Your own attribution
notices within Derivative Works that You distribute, alongside
or as an addendum to the NOTICE text from the Work, provided
that such additional attribution notices cannot be construed
as modifying the License.
You may add Your own copyright statement to Your modifications and
may provide additional or different license terms and conditions
for use, reproduction, or distribution of Your modifications, or
for any such Derivative Works as a whole, provided Your use,
reproduction, and distribution of the Work otherwise complies with
the conditions stated in this License.
5. Submission of Contributions. Unless You explicitly state otherwise,
any Contribution intentionally submitted for inclusion in the Work
by You to the Licensor shall be under the terms and conditions of
this License, without any additional terms or conditions.
Notwithstanding the above, nothing herein shall supersede or modify
the terms of any separate license agreement you may have executed
with Licensor regarding such Contributions.
6. Trademarks. This License does not grant permission to use the trade
names, trademarks, service marks, or product names of the Licensor,
except as required for reasonable and customary use in describing the
origin of the Work and reproducing the content of the NOTICE file.
7. Disclaimer of Warranty. Unless required by applicable law or
agreed to in writing, Licensor provides the Work (and each
Contributor provides its Contributions) on an "AS IS" BASIS,
WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or
implied, including, without limitation, any warranties or conditions
of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A
PARTICULAR PURPOSE. You are solely responsible for determining the
appropriateness of using or redistributing the Work and assume any
risks associated with Your exercise of permissions under this License.
8. Limitation of Liability. In no event and under no legal theory,
whether in tort (including negligence), contract, or otherwise,
unless required by applicable law (such as deliberate and grossly
negligent acts) or agreed to in writing, shall any Contributor be
liable to You for damages, including any direct, indirect, special,
incidental, or consequential damages of any character arising as a
result of this License or out of the use or inability to use the
Work (including but not limited to damages for loss of goodwill,
work stoppage, computer failure or malfunction, or any and all
other commercial damages or losses), even if such Contributor
has been advised of the possibility of such damages.
9. Accepting Warranty or Additional Liability. While redistributing
the Work or Derivative Works thereof, You may choose to offer,
and charge a fee for, acceptance of support, warranty, indemnity,
or other liability obligations and/or rights consistent with this
License. However, in accepting such obligations, You may act only
on Your own behalf and on Your sole responsibility, not on behalf
of any other Contributor, and only if You agree to indemnify,
defend, and hold each Contributor harmless for any liability
incurred by, or claims asserted against, such Contributor by reason
of your accepting any such warranty or additional liability.
END OF TERMS AND CONDITIONS
APPENDIX: How to apply the Apache License to your work.
To apply the Apache License to your work, attach the following
boilerplate notice, with the fields enclosed by brackets "[]"
replaced with your own identifying information. (Don't include
the brackets!) The text should be enclosed in the appropriate
comment syntax for the file format. We also recommend that a
file or class name and description of purpose be included on the
same "printed page" as the copyright notice for easier
identification within third-party archives.
Copyright [yyyy] [name of copyright owner]
Licensed under the Apache License, Version 2.0 (the "License");
you may not use this file except in compliance with the License.
You may obtain a copy of the License at
http://www.apache.org/licenses/LICENSE-2.0
Unless required by applicable law or agreed to in writing, software
distributed under the License is distributed on an "AS IS" BASIS,
WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.
See the License for the specific language governing permissions and
limitations under the License.

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Elasticsearch
Copyright 2009-2017 Elasticsearch
This product includes software developed by The Apache Software
Foundation (http://www.apache.org/).

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Apache License
Version 2.0, January 2004
http://www.apache.org/licenses/
TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
1. Definitions.
"License" shall mean the terms and conditions for use, reproduction,
and distribution as defined by Sections 1 through 9 of this document.
"Licensor" shall mean the copyright owner or entity authorized by
the copyright owner that is granting the License.
"Legal Entity" shall mean the union of the acting entity and all
other entities that control, are controlled by, or are under common
control with that entity. For the purposes of this definition,
"control" means (i) the power, direct or indirect, to cause the
direction or management of such entity, whether by contract or
otherwise, or (ii) ownership of fifty percent (50%) or more of the
outstanding shares, or (iii) beneficial ownership of such entity.
"You" (or "Your") shall mean an individual or Legal Entity
exercising permissions granted by this License.
"Source" form shall mean the preferred form for making modifications,
including but not limited to software source code, documentation
source, and configuration files.
"Object" form shall mean any form resulting from mechanical
transformation or translation of a Source form, including but
not limited to compiled object code, generated documentation,
and conversions to other media types.
"Work" shall mean the work of authorship, whether in Source or
Object form, made available under the License, as indicated by a
copyright notice that is included in or attached to the work
(an example is provided in the Appendix below).
"Derivative Works" shall mean any work, whether in Source or Object
form, that is based on (or derived from) the Work and for which the
editorial revisions, annotations, elaborations, or other modifications
represent, as a whole, an original work of authorship. For the purposes
of this License, Derivative Works shall not include works that remain
separable from, or merely link (or bind by name) to the interfaces of,
the Work and Derivative Works thereof.
"Contribution" shall mean any work of authorship, including
the original version of the Work and any modifications or additions
to that Work or Derivative Works thereof, that is intentionally
submitted to Licensor for inclusion in the Work by the copyright owner
or by an individual or Legal Entity authorized to submit on behalf of
the copyright owner. For the purposes of this definition, "submitted"
means any form of electronic, verbal, or written communication sent
to the Licensor or its representatives, including but not limited to
communication on electronic mailing lists, source code control systems,
and issue tracking systems that are managed by, or on behalf of, the
Licensor for the purpose of discussing and improving the Work, but
excluding communication that is conspicuously marked or otherwise
designated in writing by the copyright owner as "Not a Contribution."
"Contributor" shall mean Licensor and any individual or Legal Entity
on behalf of whom a Contribution has been received by Licensor and
subsequently incorporated within the Work.
2. Grant of Copyright License. Subject to the terms and conditions of
this License, each Contributor hereby grants to You a perpetual,
worldwide, non-exclusive, no-charge, royalty-free, irrevocable
copyright license to reproduce, prepare Derivative Works of,
publicly display, publicly perform, sublicense, and distribute the
Work and such Derivative Works in Source or Object form.
3. Grant of Patent License. Subject to the terms and conditions of
this License, each Contributor hereby grants to You a perpetual,
worldwide, non-exclusive, no-charge, royalty-free, irrevocable
(except as stated in this section) patent license to make, have made,
use, offer to sell, sell, import, and otherwise transfer the Work,
where such license applies only to those patent claims licensable
by such Contributor that are necessarily infringed by their
Contribution(s) alone or by combination of their Contribution(s)
with the Work to which such Contribution(s) was submitted. If You
institute patent litigation against any entity (including a
cross-claim or counterclaim in a lawsuit) alleging that the Work
or a Contribution incorporated within the Work constitutes direct
or contributory patent infringement, then any patent licenses
granted to You under this License for that Work shall terminate
as of the date such litigation is filed.
4. Redistribution. You may reproduce and distribute copies of the
Work or Derivative Works thereof in any medium, with or without
modifications, and in Source or Object form, provided that You
meet the following conditions:
(a) You must give any other recipients of the Work or
Derivative Works a copy of this License; and
(b) You must cause any modified files to carry prominent notices
stating that You changed the files; and
(c) You must retain, in the Source form of any Derivative Works
that You distribute, all copyright, patent, trademark, and
attribution notices from the Source form of the Work,
excluding those notices that do not pertain to any part of
the Derivative Works; and
(d) If the Work includes a "NOTICE" text file as part of its
distribution, then any Derivative Works that You distribute must
include a readable copy of the attribution notices contained
within such NOTICE file, excluding those notices that do not
pertain to any part of the Derivative Works, in at least one
of the following places: within a NOTICE text file distributed
as part of the Derivative Works; within the Source form or
documentation, if provided along with the Derivative Works; or,
within a display generated by the Derivative Works, if and
wherever such third-party notices normally appear. The contents
of the NOTICE file are for informational purposes only and
do not modify the License. You may add Your own attribution
notices within Derivative Works that You distribute, alongside
or as an addendum to the NOTICE text from the Work, provided
that such additional attribution notices cannot be construed
as modifying the License.
You may add Your own copyright statement to Your modifications and
may provide additional or different license terms and conditions
for use, reproduction, or distribution of Your modifications, or
for any such Derivative Works as a whole, provided Your use,
reproduction, and distribution of the Work otherwise complies with
the conditions stated in this License.
5. Submission of Contributions. Unless You explicitly state otherwise,
any Contribution intentionally submitted for inclusion in the Work
by You to the Licensor shall be under the terms and conditions of
this License, without any additional terms or conditions.
Notwithstanding the above, nothing herein shall supersede or modify
the terms of any separate license agreement you may have executed
with Licensor regarding such Contributions.
6. Trademarks. This License does not grant permission to use the trade
names, trademarks, service marks, or product names of the Licensor,
except as required for reasonable and customary use in describing the
origin of the Work and reproducing the content of the NOTICE file.
7. Disclaimer of Warranty. Unless required by applicable law or
agreed to in writing, Licensor provides the Work (and each
Contributor provides its Contributions) on an "AS IS" BASIS,
WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or
implied, including, without limitation, any warranties or conditions
of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A
PARTICULAR PURPOSE. You are solely responsible for determining the
appropriateness of using or redistributing the Work and assume any
risks associated with Your exercise of permissions under this License.
8. Limitation of Liability. In no event and under no legal theory,
whether in tort (including negligence), contract, or otherwise,
unless required by applicable law (such as deliberate and grossly
negligent acts) or agreed to in writing, shall any Contributor be
liable to You for damages, including any direct, indirect, special,
incidental, or consequential damages of any character arising as a
result of this License or out of the use or inability to use the
Work (including but not limited to damages for loss of goodwill,
work stoppage, computer failure or malfunction, or any and all
other commercial damages or losses), even if such Contributor
has been advised of the possibility of such damages.
9. Accepting Warranty or Additional Liability. While redistributing
the Work or Derivative Works thereof, You may choose to offer,
and charge a fee for, acceptance of support, warranty, indemnity,
or other liability obligations and/or rights consistent with this
License. However, in accepting such obligations, You may act only
on Your own behalf and on Your sole responsibility, not on behalf
of any other Contributor, and only if You agree to indemnify,
defend, and hold each Contributor harmless for any liability
incurred by, or claims asserted against, such Contributor by reason
of your accepting any such warranty or additional liability.
END OF TERMS AND CONDITIONS
=========================================================================
This project includes Public Suffix List copied from
<https://publicsuffix.org/list/effective_tld_names.dat>
licensed under the terms of the Mozilla Public License, v. 2.0
Full license text: <http://mozilla.org/MPL/2.0/>
Mozilla Public License Version 2.0
==================================
1. Definitions
--------------
1.1. "Contributor"
means each individual or legal entity that creates, contributes to
the creation of, or owns Covered Software.
1.2. "Contributor Version"
means the combination of the Contributions of others (if any) used
by a Contributor and that particular Contributor's Contribution.
1.3. "Contribution"
means Covered Software of a particular Contributor.
1.4. "Covered Software"
means Source Code Form to which the initial Contributor has attached
the notice in Exhibit A, the Executable Form of such Source Code
Form, and Modifications of such Source Code Form, in each case
including portions thereof.
1.5. "Incompatible With Secondary Licenses"
means
(a) that the initial Contributor has attached the notice described
in Exhibit B to the Covered Software; or
(b) that the Covered Software was made available under the terms of
version 1.1 or earlier of the License, but not also under the
terms of a Secondary License.
1.6. "Executable Form"
means any form of the work other than Source Code Form.
1.7. "Larger Work"
means a work that combines Covered Software with other material, in
a separate file or files, that is not Covered Software.
1.8. "License"
means this document.
1.9. "Licensable"
means having the right to grant, to the maximum extent possible,
whether at the time of the initial grant or subsequently, any and
all of the rights conveyed by this License.
1.10. "Modifications"
means any of the following:
(a) any file in Source Code Form that results from an addition to,
deletion from, or modification of the contents of Covered
Software; or
(b) any new file in Source Code Form that contains any Covered
Software.
1.11. "Patent Claims" of a Contributor
means any patent claim(s), including without limitation, method,
process, and apparatus claims, in any patent Licensable by such
Contributor that would be infringed, but for the grant of the
License, by the making, using, selling, offering for sale, having
made, import, or transfer of either its Contributions or its
Contributor Version.
1.12. "Secondary License"
means either the GNU General Public License, Version 2.0, the GNU
Lesser General Public License, Version 2.1, the GNU Affero General
Public License, Version 3.0, or any later versions of those
licenses.
1.13. "Source Code Form"
means the form of the work preferred for making modifications.
1.14. "You" (or "Your")
means an individual or a legal entity exercising rights under this
License. For legal entities, "You" includes any entity that
controls, is controlled by, or is under common control with You. For
purposes of this definition, "control" means (a) the power, direct
or indirect, to cause the direction or management of such entity,
whether by contract or otherwise, or (b) ownership of more than
fifty percent (50%) of the outstanding shares or beneficial
ownership of such entity.
2. License Grants and Conditions
--------------------------------
2.1. Grants
Each Contributor hereby grants You a world-wide, royalty-free,
non-exclusive license:
(a) under intellectual property rights (other than patent or trademark)
Licensable by such Contributor to use, reproduce, make available,
modify, display, perform, distribute, and otherwise exploit its
Contributions, either on an unmodified basis, with Modifications, or
as part of a Larger Work; and
(b) under Patent Claims of such Contributor to make, use, sell, offer
for sale, have made, import, and otherwise transfer either its
Contributions or its Contributor Version.
2.2. Effective Date
The licenses granted in Section 2.1 with respect to any Contribution
become effective for each Contribution on the date the Contributor first
distributes such Contribution.
2.3. Limitations on Grant Scope
The licenses granted in this Section 2 are the only rights granted under
this License. No additional rights or licenses will be implied from the
distribution or licensing of Covered Software under this License.
Notwithstanding Section 2.1(b) above, no patent license is granted by a
Contributor:
(a) for any code that a Contributor has removed from Covered Software;
or
(b) for infringements caused by: (i) Your and any other third party's
modifications of Covered Software, or (ii) the combination of its
Contributions with other software (except as part of its Contributor
Version); or
(c) under Patent Claims infringed by Covered Software in the absence of
its Contributions.
This License does not grant any rights in the trademarks, service marks,
or logos of any Contributor (except as may be necessary to comply with
the notice requirements in Section 3.4).
2.4. Subsequent Licenses
No Contributor makes additional grants as a result of Your choice to
distribute the Covered Software under a subsequent version of this
License (see Section 10.2) or under the terms of a Secondary License (if
permitted under the terms of Section 3.3).
2.5. Representation
Each Contributor represents that the Contributor believes its
Contributions are its original creation(s) or it has sufficient rights
to grant the rights to its Contributions conveyed by this License.
2.6. Fair Use
This License is not intended to limit any rights You have under
applicable copyright doctrines of fair use, fair dealing, or other
equivalents.
2.7. Conditions
Sections 3.1, 3.2, 3.3, and 3.4 are conditions of the licenses granted
in Section 2.1.
3. Responsibilities
-------------------
3.1. Distribution of Source Form
All distribution of Covered Software in Source Code Form, including any
Modifications that You create or to which You contribute, must be under
the terms of this License. You must inform recipients that the Source
Code Form of the Covered Software is governed by the terms of this
License, and how they can obtain a copy of this License. You may not
attempt to alter or restrict the recipients' rights in the Source Code
Form.
3.2. Distribution of Executable Form
If You distribute Covered Software in Executable Form then:
(a) such Covered Software must also be made available in Source Code
Form, as described in Section 3.1, and You must inform recipients of
the Executable Form how they can obtain a copy of such Source Code
Form by reasonable means in a timely manner, at a charge no more
than the cost of distribution to the recipient; and
(b) You may distribute such Executable Form under the terms of this
License, or sublicense it under different terms, provided that the
license for the Executable Form does not attempt to limit or alter
the recipients' rights in the Source Code Form under this License.
3.3. Distribution of a Larger Work
You may create and distribute a Larger Work under terms of Your choice,
provided that You also comply with the requirements of this License for
the Covered Software. If the Larger Work is a combination of Covered
Software with a work governed by one or more Secondary Licenses, and the
Covered Software is not Incompatible With Secondary Licenses, this
License permits You to additionally distribute such Covered Software
under the terms of such Secondary License(s), so that the recipient of
the Larger Work may, at their option, further distribute the Covered
Software under the terms of either this License or such Secondary
License(s).
3.4. Notices
You may not remove or alter the substance of any license notices
(including copyright notices, patent notices, disclaimers of warranty,
or limitations of liability) contained within the Source Code Form of
the Covered Software, except that You may alter any license notices to
the extent required to remedy known factual inaccuracies.
3.5. Application of Additional Terms
You may choose to offer, and to charge a fee for, warranty, support,
indemnity or liability obligations to one or more recipients of Covered
Software. However, You may do so only on Your own behalf, and not on
behalf of any Contributor. You must make it absolutely clear that any
such warranty, support, indemnity, or liability obligation is offered by
You alone, and You hereby agree to indemnify every Contributor for any
liability incurred by such Contributor as a result of warranty, support,
indemnity or liability terms You offer. You may include additional
disclaimers of warranty and limitations of liability specific to any
jurisdiction.
4. Inability to Comply Due to Statute or Regulation
---------------------------------------------------
If it is impossible for You to comply with any of the terms of this
License with respect to some or all of the Covered Software due to
statute, judicial order, or regulation then You must: (a) comply with
the terms of this License to the maximum extent possible; and (b)
describe the limitations and the code they affect. Such description must
be placed in a text file included with all distributions of the Covered
Software under this License. Except to the extent prohibited by statute
or regulation, such description must be sufficiently detailed for a
recipient of ordinary skill to be able to understand it.
5. Termination
--------------
5.1. The rights granted under this License will terminate automatically
if You fail to comply with any of its terms. However, if You become
compliant, then the rights granted under this License from a particular
Contributor are reinstated (a) provisionally, unless and until such
Contributor explicitly and finally terminates Your grants, and (b) on an
ongoing basis, if such Contributor fails to notify You of the
non-compliance by some reasonable means prior to 60 days after You have
come back into compliance. Moreover, Your grants from a particular
Contributor are reinstated on an ongoing basis if such Contributor
notifies You of the non-compliance by some reasonable means, this is the
first time You have received notice of non-compliance with this License
from such Contributor, and You become compliant prior to 30 days after
Your receipt of the notice.
5.2. If You initiate litigation against any entity by asserting a patent
infringement claim (excluding declaratory judgment actions,
counter-claims, and cross-claims) alleging that a Contributor Version
directly or indirectly infringes any patent, then the rights granted to
You by any and all Contributors for the Covered Software under Section
2.1 of this License shall terminate.
5.3. In the event of termination under Sections 5.1 or 5.2 above, all
end user license agreements (excluding distributors and resellers) which
have been validly granted by You or Your distributors under this License
prior to termination shall survive termination.
************************************************************************
* *
* 6. Disclaimer of Warranty *
* ------------------------- *
* *
* Covered Software is provided under this License on an "as is" *
* basis, without warranty of any kind, either expressed, implied, or *
* statutory, including, without limitation, warranties that the *
* Covered Software is free of defects, merchantable, fit for a *
* particular purpose or non-infringing. The entire risk as to the *
* quality and performance of the Covered Software is with You. *
* Should any Covered Software prove defective in any respect, You *
* (not any Contributor) assume the cost of any necessary servicing, *
* repair, or correction. This disclaimer of warranty constitutes an *
* essential part of this License. No use of any Covered Software is *
* authorized under this License except under this disclaimer. *
* *
************************************************************************
************************************************************************
* *
* 7. Limitation of Liability *
* -------------------------- *
* *
* Under no circumstances and under no legal theory, whether tort *
* (including negligence), contract, or otherwise, shall any *
* Contributor, or anyone who distributes Covered Software as *
* permitted above, be liable to You for any direct, indirect, *
* special, incidental, or consequential damages of any character *
* including, without limitation, damages for lost profits, loss of *
* goodwill, work stoppage, computer failure or malfunction, or any *
* and all other commercial damages or losses, even if such party *
* shall have been informed of the possibility of such damages. This *
* limitation of liability shall not apply to liability for death or *
* personal injury resulting from such party's negligence to the *
* extent applicable law prohibits such limitation. Some *
* jurisdictions do not allow the exclusion or limitation of *
* incidental or consequential damages, so this exclusion and *
* limitation may not apply to You. *
* *
************************************************************************
8. Litigation
-------------
Any litigation relating to this License may be brought only in the
courts of a jurisdiction where the defendant maintains its principal
place of business and such litigation shall be governed by laws of that
jurisdiction, without reference to its conflict-of-law provisions.
Nothing in this Section shall prevent a party's ability to bring
cross-claims or counter-claims.
9. Miscellaneous
----------------
This License represents the complete agreement concerning the subject
matter hereof. If any provision of this License is held to be
unenforceable, such provision shall be reformed only to the extent
necessary to make it enforceable. Any law or regulation which provides
that the language of a contract shall be construed against the drafter
shall not be used to construe this License against a Contributor.
10. Versions of the License
---------------------------
10.1. New Versions
Mozilla Foundation is the license steward. Except as provided in Section
10.3, no one other than the license steward has the right to modify or
publish new versions of this License. Each version will be given a
distinguishing version number.
10.2. Effect of New Versions
You may distribute the Covered Software under the terms of the version
of the License under which You originally received the Covered Software,
or under the terms of any subsequent version published by the license
steward.
10.3. Modified Versions
If you create software not governed by this License, and you want to
create a new license for such software, you may create and use a
modified version of this License if you rename the license and remove
any references to the name of the license steward (except to note that
such modified license differs from this License).
10.4. Distributing Source Code Form that is Incompatible With Secondary
Licenses
If You choose to distribute Source Code Form that is Incompatible With
Secondary Licenses under the terms of this version of the License, the
notice described in Exhibit B of this License must be attached.
Exhibit A - Source Code Form License Notice
-------------------------------------------
This Source Code Form is subject to the terms of the Mozilla Public
License, v. 2.0. If a copy of the MPL was not distributed with this
file, You can obtain one at http://mozilla.org/MPL/2.0/.
If it is not possible or desirable to put the notice in a particular
file, then You may include the notice in a location (such as a LICENSE
file in a relevant directory) where a recipient would be likely to look
for such a notice.
You may add additional accurate notices of copyright ownership.
Exhibit B - "Incompatible With Secondary Licenses" Notice
---------------------------------------------------------
This Source Code Form is "Incompatible With Secondary Licenses", as
defined by the Mozilla Public License, v. 2.0.

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Apache HttpComponents Client
Copyright 1999-2016 The Apache Software Foundation
This product includes software developed at
The Apache Software Foundation (http://www.apache.org/).

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COMMERCIAL SOFTWARE END USER LICENSE AGREEMENT
READ THIS COMMERCIAL SOFTWARE END USER LICENSE AGREEMENT CAREFULLY, WHICH CONSTITUTES A LEGALLY BINDING AGREEMENT AND GOVERNS YOUR USE OF ELASTIC’S PROPRIETARY SOFTWARE. BY INSTALLING AND/OR USING SUCH SOFTWARE, YOU ARE INDICATING THAT YOU AGREE TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. IF YOU DO NOT AGREE WITH SUCH TERMS AND CONDITIONS, YOU MAY NOT INSTALL OR USE ANY OF THE SOFTWARE. IF YOU ARE INSTALLING OR USING THE SOFTWARE ON BEHALF OF YOUR EMPLOYER OR ANOTHER ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE ACTUAL AUTHORITY TO AGREE TO THE TERMS AND CONDITIONS ON BEHALF OF SUCH EMPLOYER OR OTHER ENTITY.
This COMMERCIAL SOFTWARE END USER LICENSE AGREEMENT (this “Agreement") is entered into by and between the applicable Elastic entity referenced in Attachment 1 hereto (“Elastic”) and the person, or entity on behalf of whom you are acting, as applicable (“You” or “Customer”) that has downloaded any of Elastic’s proprietary software to which this Agreement is attached or in connection with which this Agreement is presented to You (collectively, the “Software”). This Agreement is effective upon the earliest date of the commencement of any License granted pursuant to Section 1.1. below (as applicable, the “Effective Date”).
1. SOFTWARE LICENSE AND RESTRICTIONS
1.1 License Grants.
(a) Trial Version License. Subject to the terms and conditions of this Agreement, Elastic agrees to grant, and does hereby grant to You, for a period of thirty (30) days from the date on which You first install the Software (the “Trial Term”), a License to use the Eligible Features and Functions of the Software that are applicable to the Trial Version of the Software.   You understand and agree that upon the expiration of a Trial Term, You will no longer be able to use the Software, unless you either (i) purchase a Subscription, in which case You will receive a License under Section 1.1(b) below to use the Eligible Features and Functions of the Software that are applicable to the Subscription level that You purchase, (ii) complete the Registration of Your use of the Software with Elastic, in which case, if available, You will receive a License under Section 1.1(c) below to the Basic Version of the Software or (iii) obtain from Elastic written consent (e-mail sufficient) to extend the Trial Term, which may be granted by Elastic in its sole and absolute discretion.
(b) Subscription License. If you enter into a Subscription Agreement with Elastic, then, subject to the terms and conditions of this Agreement and complete payment of any and all applicable Subscription fees, Elastic agrees to grant, and does hereby grant to You during the applicable Subscription Term, and for the restricted scope of this Agreement, a License to use the Eligible Features and Functions of the Software that are applicable to the Subscription level that You have purchased, for the number of Nodes and for the specific Project for which you have purchased a Subscription. The level of Subscription, the number of Nodes and specific Project for which you have purchased such Subscription, are set forth on the applicable ordering document entered into by Elastic and You for the purchase of the applicable Subscription (“Order Form”).
(c) Basic Version License. Subject to the terms and conditions of this Agreement, the availability of such a License for the applicable Software and any applicable limitation on the number of Nodes, and in consideration of the Registration of Your use the Software, Elastic agrees to grant, and does hereby grant to You, for a period of one (1) year from the date of Registration, a License to use the Eligible Features and Functions of the Software that are applicable to the Basic Version of the Software. The foregoing license may be renewed annually upon the mutual agreement of the parties.
1.2 Reservation of Rights; Restrictions. As between Elastic and You, Elastic owns all right title and interest in and to the Software and any derivative works thereof, and except as expressly set forth in Section 1.1 above, no other license to the Software is granted to You by implication, estoppel or otherwise. You agree not to: (i) reverse engineer or decompile, decrypt, disassemble or otherwise reduce any Software or any portion thereof to human-readable form, except and only to the extent any such restriction is prohibited by applicable law, (ii) deploy the Software on more Nodes than are permitted under the applicable License grant in Section 1.1 above, (iii) where You have purchased a Subscription, use the Software in connection with any Project other than the Project for which You have purchased such Subscription, as identified on the applicable Order Form, (iv) prepare derivative works from, modify, copy or use the Software in any manner except as expressly permitted in this Agreement; (v) except as expressly permitted in Section 1.1 above, transfer, sell, rent, lease, distribute, sublicense, loan or otherwise transfer the Software in whole or in part to any third party; (vi) except as may be expressly permitted on an applicable Order Form or in another agreement between the parties, use the Software for providing time-sharing services, any software-as-a-service offering (“SaaS”), service bureau services or as part of an application services provider or other service offering; (vii) circumvent the limitations on use of the Software that are imposed or preserved by any License Key, (viii) alter or remove any Marks and Notices in the Software; (ix) deploy the Commercial Software on or in connection with any third party infrastructure as a service that includes any Elastic-branded software as a service; or (x) make available to any third party any analysis of the results of operation of the Software, including benchmarking results, without the prior written consent of Elastic. The Software may contain or be provided with open source libraries, components, utilities and other open source software (collectively, “Open Source Software”), which Open Source Software may have applicable license terms as identified on a website designated by Elastic or otherwise provided with the Software or Documentation. Notwithstanding anything to the contrary herein, use of the Open Source Software shall be subject to the license terms and conditions applicable to such Open Source Software, to the extent required by the applicable licensor (which terms shall not restrict the license rights granted to You hereunder, but may contain additional rights).
1.3 Audit Rights. You agree that, unless such right is waived in writing by Elastic, Elastic shall have the right, upon fifteen (15) days’ notice to You, to audit Your use of the Software for compliance with any limitations on Your use of the Software that are set forth herein. You agree to provide Elastic with the necessary access to the Software to conduct such an audit either (i) remotely, or (ii) if remote performance is not possible, at Your facilities, during normal business hours and no more than one (1) time in any twelve (12) month period. In the event any such audit reveals that You have used the Software in excess of the applicable quantitative limitations, You agree to promptly pay to Elastic an amount equal to the difference between the fees actually paid and the fees that You should have paid to remain in compliance with such quantitative limitations. This Section 1.3 shall survive for a period of two (2) years from the termination or expiration of this Agreement.
1.4 Cluster Metadata. You understand and agree that once deployed, and on a daily basis, the Software may provide metadata to Elastic about Your cluster statistics and associates that metadata with Your IP address. However, no other information is provided to Elastic by the Software, including any information about the data You process or store in connection with Your use of the Software. Instructions for disabling this feature are contained in the Software, however leaving this feature active enables Elastic to gather cluster statistics and provide an improved level of support to You.
2. TERM AND TERMINATION
2.1 Term. Unless earlier terminated under Section 2.2 below, this Agreement shall commence on the Effective Date, and shall continue in force for the term of the last to expire applicable license set forth in Section 1.1 above.
2.2 Termination. Either party may, upon written notice to the other party, terminate this Agreement for material breach by the other party automatically and without any other formality, if such party has failed to cure such material breach within thirty (30) days of receiving written notice of such material breach from the non-breaching party. Notwithstanding the foregoing, this Agreement shall automatically terminate in the event that You intentionally breach the scope of a license granted in Section 1.1 of this Agreement, provided that Elastic reserves the right to retroactively waive such automatic termination upon written notice to You.
2.3 Post Termination or Expiration. Upon termination or expiration of this Agreement, for any reason, You shall promptly cease the use of the Software and Documentation and destroy (and certify to Elastic in writing the fact of such destruction), or return to Elastic, all copies of the Software and Documentation then in Your possession or under Your control.
2.4 Survival. Sections 2.3, 2.4, 3, 4, 5 and 6 (as any such Sections may be modified by Attachment 1, if applicable) shall survive any termination or expiration of this Agreement.
3. LIMITED WARRANTY AND DISCLAIMER OF WARRANTIES
3.1 Limited Performance Warranty. Subject to You purchasing a Subscription, Elastic warrants that during the applicable Subscription Term, the Software will perform in all material respects in accordance with the Documentation. In the event of a breach of the foregoing warranty, Elastic’s sole obligation, and Your exclusive remedy shall be for Elastic to (i) correct any failure(s) of the Software to perform in all material respects in accordance with the Documentation or (ii) if Elastic is unable to provide such a correction within thirty (30) days of receipt of notice of the applicable non-conformity, You may elect to terminate this Agreement and the associated Subscription, and Elastic will promptly refund to You any pre-paid, unused fees paid by You to Elastic for the applicable Subscription. The warranty set forth in this Section 3.1 does not apply if the applicable Software or any portion thereof: (a) has been altered, except by or on behalf Elastic; (b) has not been used, installed, operated, repaired, or maintained in accordance with this Agreement and/or the Documentation; (c) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident; or (d) is used on equipment, products, or systems not meeting specifications identified by Elastic in the Documentation. Additionally, the warranties set forth herein only apply when notice of a warranty claim is provided to Elastic within the applicable warranty period specified herein and do not apply to any bug, defect or error caused by or attributable to software or hardware not supplied by Elastic.
3.2 Malicious Code. Elastic represents and warrants that prior to making it available for delivery to You, Elastic will use standard industry practices including, without limitation, the use of an updated commercial anti-virus program, to test the Software for Malicious Code and remove any Malicious Code it discovers. In the event of a breach of the foregoing warranty, Elastic’s sole obligation, and Your exclusive remedy shall be for Elastic to replace the Software with Software that does not contain any Malicious Code.
3.3 Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 3, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, AND ELASTIC AND ITS LICENSORS MAKE NO WARRANTIES WHETHER EXPRESSED, IMPLIED OR STATUTORY REGARDING OR RELATING TO THE SOFTWARE OR DOCUMENTATION. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ELASTIC AND ITS LICENSORS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE AND DOCUMENTATION, AND WITH RESPECT TO THE USE OF THE FOREGOING. FURTHER, ELASTIC DOES NOT WARRANT RESULTS OF USE OR THAT THE SOFTWARE WILL BE ERROR FREE OR THAT THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED.
4. LIMITATION OF LIABILITY
The provisions of this Section 4, including to the extent modified by an applicable provision in Attachment 1 hereto, apply if You have not purchased a Subscription. If you have purchased a Subscription, then the limitations of liability set forth in the applicable Subscription Agreement will apply in lieu of those set forth in this Section 4, including to the extent modified by an applicable provision in Attachment 1 hereto.
4.1 Disclaimer of Certain Damages. IN NO EVENT SHALL YOU OR ELASTIC OR ITS LICENSORS BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, COST OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, OR THE PERFORMANCE OF OR FAILURE TO PERFORM THIS AGREEMENT, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN IF THE RESPONSIBLE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 4.1 SHALL NOT APPLY TO A BREACH THROUGH GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT BY YOU OF THE SCOPE OF THE LICENSE GRANTED IN SECTION 1.1 OR TO ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
4.2 Damages Cap. IN NO EVENT SHALL ELASTIC’S OR ITS LICENSORS’ AGGREGATE, CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED ONE THOUSAND DOLLARS ($1,000).
4.3 YOU AGREE THAT THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS ARE A REASONABLE ALLOCATION OF THE RISK BETWEEN THE PARTIES AND WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS IN ITS ESSENTIAL PURPOSE.
5. MISCELLANEOUS
This Agreement, including Attachment 1 hereto, which is hereby incorporated herein by this reference, as well as any applicable Order Form and Subscription Agreement, completely and exclusively state the entire agreement of the parties regarding the subject matter herein, and it supersedes, and its terms govern, all prior proposals, agreements, or other communications between the parties, oral or written, regarding such subject matter. In the event of any conflict between the terms and conditions of any of the foregoing documents, the conflict shall be resolved based on the following order of precedence: (i) an applicable Order Form (but only for the transaction thereunder), (ii) an applicable Subscription Agreement, (iii) the Support Services Policy and (iv) this Agreement. For the avoidance of doubt, the parties hereby expressly acknowledge and agree that if You issue any purchase order or similar document in connection with the purchase of a Subscription and/or obtaining of License to the Software, You will do so only for Your internal, administrative purposes and not with the intent to provide any contractual terms. This Agreement may not be modified except by a subsequently dated, written amendment that expressly amends this Agreement and which is signed on behalf of Elastic and You, by duly authorized representatives. If any provision hereof is held unenforceable, this Agreement will continue without said provision and be interpreted to reflect the original intent of the parties.
6. DEFINITIONS
The following terms have the meanings ascribed:
6.1 “Affiliate” means, with respect to a party, any entity that controls, is controlled by, or which is under common control with, such party, where “control” means ownership of at least fifty percent (50%) of the outstanding voting shares of the entity, or the contractual right to establish policy for, and manage the operations of, the entity.
6.2 “Basic Version” means that version of the Software available for use without the purchase of a Subscription, but which does require Registration.
6.3 “Contractor” means any third party contractor performing services on Your behalf.
6.4 “Documentation” means the published end user documentation provided by Elastic with the Software.
6.5 “Eligible Features and Functions” means those features and functions of the Software that are eligible for use with respect to the particular version of the Software licensed by You or the Subscription level purchased by You. A list of the Eligible Features and Functions that correspond to each version of the Software and Subscription levels may be found at https://www.elastic.co/subscriptions.
6.6 “License” means a limited, non-exclusive, non-transferable, fully paid up, right and license (without the right to grant or authorize sublicenses) solely for Your internal business operations to (i) install and use, in object code format, the Software, (ii) use, and distribute internally a reasonable number of copies of the Documentation, provided that You must include on such copies all Marks and Notices; (iii) permit Contractors and Your Affiliates to use the Software and Documentation as set forth in (i) and (ii) above, provided that such use by Contractors must be solely for Your benefit, and You shall be responsible for all acts and omissions of such Contractors and Affiliates in connection with their use of the Software that are contrary to the terms and conditions of this Agreement.
6.7 “License Key” means an alphanumeric code that enables the Eligible Features and Functions of the Software.
6.8 “Malicious Code” means any code that is designed to harm, or otherwise disrupt in any unauthorized manner, the operation of Your computer programs or computer systems or destroy or damage data. For clarity, Malicious Code shall not include any software bugs or errors handled through Support Services, or any standard features of functions of the Software and/or any License Key that are intended to enforce the temporal and/or other limitations on the scope of the use of the Software to the scope of the License granted to You.
6.9 “Marks and Notices” means all Elastic trademarks, trade names, logos and notices present on the Documentation as originally provided by Elastic.
6.10 “Node” means an instance of Software on a single physical server or virtual machine, provided that all client Nodes are excluded from calculating Subscription fees based on the number of Nodes.
6.11 “Project” means a specific use case for the Software, with Nodes being deployed for use in a logical grouping of functionality to support such use case.
6.12 “Registration” means Elastic’s then-current process under which You may register Your use of the Software with Elastic by providing certain information to Elastic regarding You and Your use of the Software.
6.13 “Subscription” means the right to receive Support Services and a License to the Software.
6.14 “Subscription Agreement” means a legally enforceable agreement between You and Elastic, under which You purchase a Subscription.
6.15 “Subscription Level” means the level of Subscription purchased by You. The Subscription Level purchased by You determines the specific Support Services that You are entitled to receive, and the specific Eligible Features and functions that You are entitled to use.
6.16 “Subscription Term” means the period of time for which You have purchased a Subscription.
6.17 “Trial Version” means that version of the Software available for use without the purchase of a Subscription and without Registration.
ATTACHMENT 1
ADDITIONAL TERMS AND CONDITIONS
A. The following additional terms and conditions apply to all Customers with principal offices in the United States of America:
(1) Applicable Elasticsearch Entity. The entity providing the license is Elasticsearch, Inc., a Delaware corporation.
(2) Government Rights. The Software product is "Commercial Computer Software," as that term is defined in 48 C.F.R. 2.101, and as the term is used in 48 C.F.R. Part 12, and is a Commercial Item comprised of "commercial computer software" and "commercial computer software documentation". If acquired by or on behalf of a civilian agency, the U.S. Government acquires this commercial computer software and/or commercial computer software documentation subject to the terms of this Agreement, as specified in 48 C.F.R. 12.212 (Computer Software) and 12.211 (Technical Data) of the Federal Acquisition Regulation ("FAR") and its successors. If acquired by or on behalf of any agency within the Department of Defense ("DOD"), the U.S. Government acquires this commercial computer software and/or commercial computer software documentation subject to the terms of the Elastic Software End User License Agreement as specified in 48 C.F.R. 227.7202-3 and 48 C.F.R. 227.7202-4 of the DOD FAR Supplement ("DFARS") and its successors, and consistent with 48 C.F.R. 227.7202. This U.S. Government Rights clause, consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202 is in lieu of, and supersedes, any other FAR, DFARS, or other clause or provision that addresses Government rights in computer software, computer software documentation or technical data related to the Software under this Agreement and in any Subcontract under which this commercial computer software and commercial computer software documentation is acquired or licensed.
(3) Export Control. You acknowledge that the goods, software and technology acquired from Elastic are subject to U.S. export control laws and regulations, including but not limited to the International Traffic In Arms Regulations (“ITAR”) (22 C.F.R. Parts 120-130 (2010)); the Export Administration Regulations ("EAR") (15 C.F.R. Parts 730-774 (2010)); the U.S. antiboycott regulations in the EAR and U.S. Department of the Treasury regulations; the economic sanctions regulations and guidelines of the U.S. Department of the Treasury, Office of Foreign Assets Control, and the USA Patriot Act (Title III of Pub. L. 107-56, signed into law October 26, 2001), as amended.  You are now and will remain in the future compliant with all such export control laws and regulations, and will not export, re-export, otherwise transfer any Elastic goods, software or technology or disclose any Elastic software or technology to any person contrary to such laws or regulations.  You acknowledge that remote access to the Software may in certain circumstances be considered a re-export of Software, and accordingly, may not be granted in contravention of U.S. export control laws and regulations.
(4) Governing Law, Jurisdiction and Venue.
(a) Customers in California. If Customer is located in California (as determined by the Customer address on the applicable Order Form, or for a trial license under 1.1(a), the location of person who installed the Software), this Agreement will be governed by the laws of the State of California, without regard to its conflict of laws principles, and all suits hereunder will be brought solely in Federal Court for the Northern District of California, or if that court lacks subject matter jurisdiction, in any California State Court located in Santa Clara County.
(b) Customers Outside of California. If Customer is located anywhere other than California (as determined by the Customer address on the applicable Order Form, or for a trial license under 1.1(a), the location of person who installed the Software), this Agreement will be governed by the laws of the State of Delaware, without regard to its conflict of laws principles, and all suits hereunder will be brought solely in Federal Court for the District of Delaware, or if that court lacks subject matter jurisdiction, in any Delaware State Court located in Wilmington, Delaware.
(c) All Customers. This Agreement shall not be governed by the 1980 UN Convention on Contracts for the International Sale of Goods. The parties hereby irrevocably waive any and all claims and defenses either might otherwise have in any action or proceeding in any of the applicable courts set forth in (a) or (b) above, based upon any alleged lack of personal jurisdiction, improper venue, forum non conveniens, or any similar claim or defense.
(d) Equitable Relief. A breach or threatened breach, by either party of Section 4 may cause irreparable harm for which the non-breaching party shall be entitled to seek injunctive relief without being required to post a bond.
B. The following additional terms and conditions apply to all Customers with principal offices in Canada:
(1) Applicable Elasticsearch Entity. The entity providing the license is Elasticsearch B.C. Ltd., a corporation incorporated under laws of the Province of British Columbia.
(2) Export Control. You acknowledge that the goods, software and technology acquired from Elastic are subject to the restrictions and controls set out in Section A(3) above as well as those imposed by the Export and Import Permits Act (Canada) and the regulations thereunder and that you will comply with all applicable laws and regulations. Without limitation, You acknowledge that the Software, or any portion thereof, will not be exported: (a) to any country on Canada's Area Control List; (b) to any country subject to UN Security Council embargo or action; or (c) contrary to Canada's Export Control List Item 5505. You are now and will remain in the future compliant with all such export control laws and regulations, and will not export, re-export, otherwise transfer any Elastic goods, software or technology or disclose any Elastic software or technology to any person contrary to such laws or regulations.  You will not export or re-export the Software, or any portion thereof, directly or indirectly, in violation of the Canadian export administration laws and regulations to any country or end user, or to any end user who you know or have reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons. You further acknowledge that the Software product may include technical data subject to such Canadian export regulations. Elastic does not represent that the Software is appropriate or available for use in all countries. Elastic prohibits accessing materials from countries or states where contents are illegal. You are using the Software on your own initiative and you are responsible for compliance with all applicable laws. You hereby agree to indemnify Elastic and its Affiliates from any claims, actions, liability or expenses (including reasonable lawyers' fees) resulting from Your failure to act in accordance with the acknowledgements, agreements, and representations in this Section B(2).
(3) Governing Law and Dispute Resolution. This Agreement shall be governed by the Province of Ontario and the federal laws of Canada applicable therein without regard to conflict of laws provisions. The parties hereby irrevocably waive any and all claims and defenses either might otherwise have in any such action or proceeding in any of such courts based upon any alleged lack of personal jurisdiction, improper venue, forum non conveniens or any similar claim or defense. Any dispute, claim or controversy arising out of or relating to this Agreement or the existence, breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, (each, a “Dispute”), which the parties are unable to resolve after good faith negotiations, shall be submitted first to the upper management level of the parties. The parties, through their upper management level representatives shall meet within thirty (30) days of the Dispute being referred to them and if the parties are unable to resolve such Dispute within thirty (30) days of meeting, the parties agree to seek to resolve the Dispute through mediation with ADR Chambers in the City of Toronto, Ontario, Canada before pursuing any other proceedings. The costs of the mediator shall be shared equally by the parties. If the Dispute has not been resolved within thirty (30) days of the notice to desire to mediate, any party may terminate the mediation and proceed to arbitration and the matter shall be referred to and finally resolved by arbitration at ADR Chambers pursuant to the general ADR Chambers Rules for Arbitration in the City of Toronto, Ontario, Canada. The arbitration shall proceed in accordance with the provisions of the Arbitration Act (Ontario). The arbitral panel shall consist of three (3) arbitrators, selected as follows: each party shall appoint one (1) arbitrator; and those two (2) arbitrators shall discuss and select a chairman. If the two (2) party-appointed arbitrators are unable to agree on the chairman, the chairman shall be selected in accordance with the applicable rules of the arbitration body. Each arbitrator shall be independent of each of the parties. The arbitrators shall have the authority to grant specific performance and to allocate between the parties the costs of arbitration (including service fees, arbitrator fees and all other fees related to the arbitration) in such equitable manner as the arbitrators may determine. The prevailing party in any arbitration shall be entitled to receive reimbursement of its reasonable expenses incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, Elastic shall have the right to institute an action in a court of proper jurisdiction for preliminary injunctive relief pending a final decision by the arbitrator, provided that a permanent injunction and damages shall only be awarded by the arbitrator. The language to be used in the arbitral proceedings shall be English.
(4) Language. Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English version, the English version of this Agreement shall govern. At the request of the parties, the official language of this Agreement and all communications and documents relating hereto is the English language, and the English-language version shall govern all interpretation of the Agreement.  À la demande des parties, la langue officielle de la présente convention ainsi que toutes communications et tous documents s'y rapportant est la langue anglaise, et la version anglaise est celle qui régit toute interprétation de la présente convention.
(5) Warranty Disclaimer. For Customers with principal offices in the Province of Québec, the following new sentence is to be added to the end of Section 3.3: “SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OR EXCLUSIONS OF CERTAIN TYPES OF DAMAGES AND/OR WARRANTIES AND CONDITIONS. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SET FORTH IN THIS AGREEMENT SHALL NOT APPLY IF AND ONLY IF AND TO THE EXTENT THAT THE LAWS OF A COMPETENT JURISDICTION REQUIRE LIABILITIES BEYOND AND DESPITE THESE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS.”
(6) Limitation of Liability. For Customers with principal offices in the Province of Québec, the following new sentence is to be added to the end of Section 4.1: “SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OR EXCLUSIONS OF CERTAIN TYPES OF DAMAGES AND/OR WARRANTIES AND CONDITIONS.  THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SET FORTH IN THIS AGREEMENT SHALL NOT APPLY IF AND ONLY IF AND TO THE EXTENT THAT THE LAWS OF A COMPETENT JURISDICTION REQUIRE LIABILITIES BEYOND AND DESPITE THESE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS.”
C. The following additional terms and conditions apply to all Customers with principal offices outside of the United States of America and Canada:
(1) Applicable Elasticsearch Entity. The entity providing the license in Germany is Elasticsearch Gmbh; in France is Elasticsearch SARL, in the United Kingdom is Elasticsearch Ltd, in Australia is Elasticsearch Pty Ltd., in Japan is Elasticsearch KK, in Sweden is Elasticsearch AB, in Norway is Elasticsearch AS and in all other countries is Elasticsearch BV.
(2) Choice of Law. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without reference to or application of choice of law rules or principles. Notwithstanding any choice of law provision or otherwise, the Uniform Computer Information Transactions Act (UCITA) and the United Nations Convention on the International Sale of Goods shall not apply.
(3) Arbitration. Any dispute, claim or controversy arising out of or relating to this Agreement or the existence, breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, (each, a “Dispute”) shall be referred to and finally resolved by arbitration under the rules and at the location identified below. The arbitral panel shall consist of three (3) arbitrators, selected as follows: each party shall appoint one (1) arbitrator; and those two (2) arbitrators shall discuss and select a chairman. If the two party-appointed arbitrators are unable to agree on the chairman, the chairman shall be selected in accordance with the applicable rules of the arbitration body. Each arbitrator shall be independent of each of the parties. The arbitrators shall have the authority to grant specific performance and to allocate between the parties the costs of arbitration (including service fees, arbitrator fees and all other fees related to the arbitration) in such equitable manner as the arbitrators may determine. The prevailing party in any arbitration shall be entitled to receive reimbursement of its reasonable expenses incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, Elastic shall have the right to institute an action in a court of proper jurisdiction for preliminary injunctive relief pending a final decision by the arbitrator, provided that a permanent injunction and damages shall only be awarded by the arbitrator. The language to be used in the arbitral proceedings shall be English.
In addition, the following terms only apply to Customers with principal offices within Europe, the Middle East or Africa (EMEA):
Arbitration Rules and Location. Any Dispute shall be referred to and finally resolved by arbitration under the London Court of International Arbitration (“LCIA”) Rules (which Rules are deemed to be incorporated by reference into this clause) on the basis that the governing law is the law of the State of New York, USA. The seat, or legal place, of arbitration shall be London, England.
(b) In addition, the following terms only apply to Customers with principal offices within Asia Pacific, Australia & New Zealand:
Arbitration Rules and Location. Any Dispute shall be referred to and finally resolved by arbitration under the Rules of Conciliation and Arbitration of the International Chamber of Commerce (“ICC”) in force on the date when the notice of arbitration is submitted in accordance with such Rules (which Rules are deemed to be incorporated by reference into this clause) on the basis that the governing law is the law of the State of New York, USA. The seat, or legal place, of arbitration shall be Singapore.
(c) In addition, the following terms only apply to Customers with principal offices within the Americas (excluding North America):
Arbitration Rules and Location. Any Dispute shall be referred to and finally resolved by arbitration under International Dispute Resolution Procedures of the American Arbitration Association (“AAA”) in force on the date when the notice of arbitration is submitted in accordance with such Procedures (which Procedures are deemed to be incorporated by reference into this clause) on the basis that the governing law is the law of the State of New York, USA. The seat, or legal place, of arbitration shall be New York, New York, USA.
(4) In addition, for Customers with principal offices within the UK, the following new sentence is added to the end of Section 4.1:
Nothing in this Agreement shall have effect so as to limit or exclude a party’s liability for death or personal injury caused by negligence or for fraud including fraudulent misrepresentation and this Section 4.1 shall take effect subject to this provision.
(5) In addition, for Customers with principal offices within France, Sections 1.2, 3 and 4.1 of the Agreement are deleted and replaced with the following new Sections 1.2, 3.3 and 4.1:
1.2 Reservation of Rights; Restrictions. Elastic owns all right title and interest in and to the Software and any derivative works thereof, and except as expressly set forth in Section 1.1 above, no other license to the Software is granted to You by implication, or otherwise. You agree not to prepare derivative works from, modify, copy or use the Software in any manner except as expressly permitted in this Agreement; provided that You may copy the Software for archival purposes, only where such software is provided on a non-durable medium; and You may decompile the Software, where necessary for interoperability purposes and where necessary for the correction of errors making the software unfit for its intended purpose, if such right is not reserved by Elastic as editor of the Software. Pursuant to article L122-6-1 of the French intellectual property code, Elastic reserves the right to correct any bugs as necessary for the Software to serve its intended purpose. You agree not to: (i) transfer, sell, rent, lease, distribute, sublicense, loan or otherwise transfer the Software in whole or in part to any third party; (ii) use the Software for providing time-sharing services, any software-as-a-service offering (“SaaS”), service bureau services or as part of an application services provider or other service offering; (iii) alter or remove any proprietary notices in the Software; or (iv) make available to any third party any analysis of the results of operation of the Software, including benchmarking results, without the prior written consent of Elastic.
3.3 Warranty Disclaimer. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, AND ELASTIC AND ITS LICENSORS MAKE NO WARRANTIES WHETHER EXPRESSED, IMPLIED OR STATUTORY REGARDING OR RELATING TO THE SOFTWARE OR DOCUMENTATION. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ELASTIC AND ITS LICENSORS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SOFTWARE AND DOCUMENTATION, AND WITH RESPECT TO THE USE OF THE FOREGOING. FURTHER, ELASTIC DOES NOT WARRANT RESULTS OF USE OR THAT THE SOFTWARE WILL BE ERROR FREE OR THAT THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED.
4.1 Disclaimer of Certain Damages. IN NO EVENT SHALL YOU OR ELASTIC OR ITS LICENSORS BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, COST OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT OR UNFORESEEABLE DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, OR THE PERFORMANCE OF OR FAILURE TO PERFORM THIS AGREEMENT, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE. THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 4.1 SHALL NOT APPLY TO A BREACH, THROUGH GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT BY YOU, OF THE SCOPE OF THE LICENSE GRANTED IN SECTION 1.1, OR IN CASE OF DEATH OR PERSONAL INJURY.
(6) In addition, for Customers located within Australia: (a) Sections 3.1, 3.2 and 3.3 of the Agreement are deleted and replaced with the following new Sections 3.1, 3.2, 3.3, 3.4 and 3.5; and (b) Sections 4.1, 4.2 and 4.3 of the Agreement are deleted and replaced with the following new Sections 4.1, 4.2, and 4.3:
3.1 Despite anything in this Agreement, Elastic’s goods come with guarantees that cannot be excluded under the Australian Consumer Law (as set out in the Competition and Consumer Act 2010 (Cth)). You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
3.2 Limited Performance Warranty. Subject to You purchasing a Subscription, Elastic warrants that during the applicable Subscription Term, the Software will perform in all material respects in accordance with the Documentation. In the event of a breach of the foregoing warranty during the Subscription Term and where You notify Elastic that the Software does not perform in all material respects in accordance with the Documentation, Elastic’s sole obligation, and Your exclusive remedy shall be for Elastic to (i) correct (at Elastic’s cost) any failure(s) of the Software to perform in all material respects in accordance with the Documentation or (ii) if Elastic is unable to provide such a correction within thirty (30) days of receipt of notice of the applicable non-conformity, You may elect to terminate this Agreement and the associated Subscription, and Elastic will promptly refund to You any pre-paid, unused fees paid by You to Elastic for the applicable Subscription. The warranty set forth in this Section 3.2 does not apply if the applicable Software or any portion thereof: (a) has been altered, except by or on behalf Elastic; (b) has not been used, installed, operated, repaired, or maintained in accordance with this Agreement and/or the Documentation; (c) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident; or (d) is used on equipment, products, or systems not meeting specifications identified by Elastic in the Documentation. Additionally, the warranties set forth herein only apply when notice of a warranty claim is provided to Elastic within the applicable warranty period specified herein and do not apply to any bug, defect or error caused by or attributable to software or hardware not supplied by Elastic.
3.3 For the purposes of Section 3.2, You must use the contact details set out below to notify Elastic that the Software does not perform in all material respects in accordance with the Documentation:
Elasticsearch Pty Ltd
4th Floor, 17-19 Alberta Street
Sydney, New South Wales, 2000, Australia
3.4 Malicious Code. Elastic represents and warrants that prior to making it available for delivery to You, Elastic will use standard industry practices including, without limitation, the use of an updated commercial anti-virus program, to test the Software for Malicious Code and remove any Malicious Code it discovers. In the event of a breach of the foregoing warranty, Elastic’s sole obligation, and Your exclusive remedy shall be, at Elastic’s option, for Elastic to replace the Software with Software that does not contain any Malicious Code or to pay for the cost of the Software to be replaced with Software that does not contain any Malicious Code.
3.5 Warranty Disclaimer. NOTHING IN THIS AGREEMENT IS INTENDED TO LIMIT CUSTOMER’S NON-EXCLUDABLE RIGHTS UNDER THE COMPETITION AND CONSUMER ACT 2010 (CTH). EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, AND ELASTIC AND ITS LICENSORS MAKE NO WARRANTIES WHETHER EXPRESSED, IMPLIED OR STATUTORY REGARDING OR RELATING TO THE SOFTWARE OR DOCUMENTATION. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW AND EXCEPT AS SET OUT IN THIS AGREEMENT, ELASTIC AND ITS LICENSORS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE AND DOCUMENTATION, AND WITH RESPECT TO THE USE OF THE FOREGOING. FURTHER, ELASTIC DOES NOT WARRANT RESULTS OF USE OR THAT THE SOFTWARE WILL BE ERROR FREE OR THAT THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED.
4.1 Disclaimer of Certain Damages. Subject to clause 4.3, a party is not liable for Consequential Loss however caused (including by the negligence of that party) suffered or incurred by the other party in connection with this agreement. “Consequential Loss” means loss of revenues, loss of reputation, indirect loss, loss of profits, consequential loss, loss of actual or anticipated savings, indirect loss, lost opportunities, including opportunities to enter into arrangements with third parties, loss or damage in connection with claims against by third parties, or loss or corruption or data.
4.2 Damages Cap. SUBJECT TO CLAUSES 4.1 AND 4.3, ANY LIABILITY OF ELASTIC FOR ANY LOSS OR DAMAGE, HOWEVER CAUSED (INCLUDING BY THE NEGLIGENCE OF ELASTIC), SUFFERED BY YOU IN CONNECTION WITH THIS AGREEMENT IS LIMITED TO ONE THOUSAND DOLLARS ($1,000). THE LIMITATION SET OUT IN THIS SECTION 4.2 IS AN AGGREGATE LIMIT FOR ALL CLAIMS, WHENEVER MADE.
4.3 Australian Consumer Law. IF THE COMPETITION AND CONSUMER ACT 2010 (CTH) OR ANY OTHER LEGISLATION STATES THAT THERE IS A GUARANTEE IN RELATION TO ANY GOOD OR SERVICE SUPPLIED BY ELASTIC IN CONNECTION WITH THIS AGREEMENT, AND ELASTIC’S LIABILITY FOR FAILING TO COMPLY WITH THAT GUARANTEE CANNOT BE EXCLUDED BUT MAY BE LIMITED, SECTIONS 4.1, 4.2 AND 4.3 DO NOT APPLY TO THAT LIABILITY. INSTEAD, ELASTIC’S LIABILITY FOR THAT FAILURE IS LIMITED TO (AT THE ELECTION OF ELASTIC), IN THE CASE OF A SUPPLY OF GOODS, ELASTIC REPLACING THE GOODS OR SUPPLYING EQUIVALENT GOODS OR REPAIRING THE GOODS, OR IN THE CASE OF A SUPPLY OF SERVICES, ELASTIC SUPPLYING THE SERVICES AGAIN OR PAYING THE COST OF HAVING THE SERVICES SUPPLIED AGAIN.
(7) In addition, for Customers with principal offices within Japan, Sections 1.2, 3 and 4.1 of the Agreement are deleted and replaced with the following new Sections 1.2, 3.3 and 4.1:
1.2 Reservation of Rights; Restrictions. As between Elastic and You, Elastic owns all right title and interest in and to the Software and any derivative works thereof, and except as expressly set forth in Section 1.1 above, no other license to the Software is granted to You by implication or otherwise. You agree not to: (i) prepare derivative works from, modify, copy or use the Software in any manner except as expressly permitted in this Agreement or applicable law; (ii) transfer, sell, rent, lease, distribute, sublicense, loan or otherwise transfer the Software in whole or in part to any third party; (iii) use the Software for providing time-sharing services, any software-as-a-service offering (“SaaS”), service bureau services or as part of an application services provider or other service offering; (iv) alter or remove any proprietary notices in the Software; or (v) make available to any third party any analysis of the results of operation of the Software, including benchmarking results, without the prior written consent of Elastic.
3.3 Warranty Disclaimer. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, AND ELASTIC AND ITS LICENSORS MAKE NO WARRANTIES WHETHER EXPRESSED, IMPLIED OR STATUTORY REGARDING OR RELATING TO THE SOFTWARE OR DOCUMENTATION. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ELASTIC AND ITS LICENSORS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE AND DOCUMENTATION, AND WITH RESPECT TO THE USE OF THE FOREGOING. FURTHER, ELASTIC DOES NOT WARRANT RESULTS OF USE OR THAT THE SOFTWARE WILL BE ERROR FREE OR THAT THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED.
4.1 Disclaimer of Certain Damages. IN NO EVENT SHALL YOU OR ELASTIC OR ITS LICENSORS BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, COST OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY SPECIALINDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, OR THE PERFORMANCE OF OR FAILURE TO PERFORM THIS AGREEMENT, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN IF THE RESPONSIBLE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 4.1 SHALL NOT APPLY TO A BREACH THROUGH GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT BY YOU OF THE SCOPE OF THE LICENSE GRANTED IN SECTION 1.1 OR TO ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

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Elasticsearch X-Pack
Copyright 2009-2017 Elasticsearch

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apply plugin: 'elasticsearch.build'
archivesBaseName = 'x-pack-security'
// TODO: enable this once we have tests
test.enabled=false
licenseHeaders.enabled = false
dependencies {
provided "org.elasticsearch:elasticsearch:${version}"
compile "org.elasticsearch:x-pack-common:${version}"
// security deps
compile project(path: ':modules:transport-netty4', configuration: 'runtime')
compile 'com.unboundid:unboundid-ldapsdk:3.2.0'
compile 'org.bouncycastle:bcprov-jdk15on:1.58'
compile 'org.bouncycastle:bcpkix-jdk15on:1.58'
testCompile 'com.google.jimfs:jimfs:1.1'
}
dependencyLicenses {
mapping from: /netty-.*/, to: 'netty'
mapping from: /bc.*/, to: 'bouncycastle'
mapping from: /transport-netty.*/, to: 'elasticsearch'
ignoreSha 'x-pack-common'
ignoreSha 'transport-netty4'
}
parent.bundlePlugin {
from jar
}

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15a760a039b040e767a75c77ffcc4ff62558f903

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2c9aa1c4e3372b447ba5daabade4adf2a2264b12

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Copyright (c) 2000-2015 The Legion of the Bouncy Castle Inc. (http://www.bouncycastle.org)
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 SOFTWARE.

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Apache License
Version 2.0, January 2004
http://www.apache.org/licenses/
TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
1. Definitions.
"License" shall mean the terms and conditions for use, reproduction,
and distribution as defined by Sections 1 through 9 of this document.
"Licensor" shall mean the copyright owner or entity authorized by
the copyright owner that is granting the License.
"Legal Entity" shall mean the union of the acting entity and all
other entities that control, are controlled by, or are under common
control with that entity. For the purposes of this definition,
"control" means (i) the power, direct or indirect, to cause the
direction or management of such entity, whether by contract or
otherwise, or (ii) ownership of fifty percent (50%) or more of the
outstanding shares, or (iii) beneficial ownership of such entity.
"You" (or "Your") shall mean an individual or Legal Entity
exercising permissions granted by this License.
"Source" form shall mean the preferred form for making modifications,
including but not limited to software source code, documentation
source, and configuration files.
"Object" form shall mean any form resulting from mechanical
transformation or translation of a Source form, including but
not limited to compiled object code, generated documentation,
and conversions to other media types.
"Work" shall mean the work of authorship, whether in Source or
Object form, made available under the License, as indicated by a
copyright notice that is included in or attached to the work
(an example is provided in the Appendix below).
"Derivative Works" shall mean any work, whether in Source or Object
form, that is based on (or derived from) the Work and for which the
editorial revisions, annotations, elaborations, or other modifications
represent, as a whole, an original work of authorship. For the purposes
of this License, Derivative Works shall not include works that remain
separable from, or merely link (or bind by name) to the interfaces of,
the Work and Derivative Works thereof.
"Contribution" shall mean any work of authorship, including
the original version of the Work and any modifications or additions
to that Work or Derivative Works thereof, that is intentionally
submitted to Licensor for inclusion in the Work by the copyright owner
or by an individual or Legal Entity authorized to submit on behalf of
the copyright owner. For the purposes of this definition, "submitted"
means any form of electronic, verbal, or written communication sent
to the Licensor or its representatives, including but not limited to
communication on electronic mailing lists, source code control systems,
and issue tracking systems that are managed by, or on behalf of, the
Licensor for the purpose of discussing and improving the Work, but
excluding communication that is conspicuously marked or otherwise
designated in writing by the copyright owner as "Not a Contribution."
"Contributor" shall mean Licensor and any individual or Legal Entity
on behalf of whom a Contribution has been received by Licensor and
subsequently incorporated within the Work.
2. Grant of Copyright License. Subject to the terms and conditions of
this License, each Contributor hereby grants to You a perpetual,
worldwide, non-exclusive, no-charge, royalty-free, irrevocable
copyright license to reproduce, prepare Derivative Works of,
publicly display, publicly perform, sublicense, and distribute the
Work and such Derivative Works in Source or Object form.
3. Grant of Patent License. Subject to the terms and conditions of
this License, each Contributor hereby grants to You a perpetual,
worldwide, non-exclusive, no-charge, royalty-free, irrevocable
(except as stated in this section) patent license to make, have made,
use, offer to sell, sell, import, and otherwise transfer the Work,
where such license applies only to those patent claims licensable
by such Contributor that are necessarily infringed by their
Contribution(s) alone or by combination of their Contribution(s)
with the Work to which such Contribution(s) was submitted. If You
institute patent litigation against any entity (including a
cross-claim or counterclaim in a lawsuit) alleging that the Work
or a Contribution incorporated within the Work constitutes direct
or contributory patent infringement, then any patent licenses
granted to You under this License for that Work shall terminate
as of the date such litigation is filed.
4. Redistribution. You may reproduce and distribute copies of the
Work or Derivative Works thereof in any medium, with or without
modifications, and in Source or Object form, provided that You
meet the following conditions:
(a) You must give any other recipients of the Work or
Derivative Works a copy of this License; and
(b) You must cause any modified files to carry prominent notices
stating that You changed the files; and
(c) You must retain, in the Source form of any Derivative Works
that You distribute, all copyright, patent, trademark, and
attribution notices from the Source form of the Work,
excluding those notices that do not pertain to any part of
the Derivative Works; and
(d) If the Work includes a "NOTICE" text file as part of its
distribution, then any Derivative Works that You distribute must
include a readable copy of the attribution notices contained
within such NOTICE file, excluding those notices that do not
pertain to any part of the Derivative Works, in at least one
of the following places: within a NOTICE text file distributed
as part of the Derivative Works; within the Source form or
documentation, if provided along with the Derivative Works; or,
within a display generated by the Derivative Works, if and
wherever such third-party notices normally appear. The contents
of the NOTICE file are for informational purposes only and
do not modify the License. You may add Your own attribution
notices within Derivative Works that You distribute, alongside
or as an addendum to the NOTICE text from the Work, provided
that such additional attribution notices cannot be construed
as modifying the License.
You may add Your own copyright statement to Your modifications and
may provide additional or different license terms and conditions
for use, reproduction, or distribution of Your modifications, or
for any such Derivative Works as a whole, provided Your use,
reproduction, and distribution of the Work otherwise complies with
the conditions stated in this License.
5. Submission of Contributions. Unless You explicitly state otherwise,
any Contribution intentionally submitted for inclusion in the Work
by You to the Licensor shall be under the terms and conditions of
this License, without any additional terms or conditions.
Notwithstanding the above, nothing herein shall supersede or modify
the terms of any separate license agreement you may have executed
with Licensor regarding such Contributions.
6. Trademarks. This License does not grant permission to use the trade
names, trademarks, service marks, or product names of the Licensor,
except as required for reasonable and customary use in describing the
origin of the Work and reproducing the content of the NOTICE file.
7. Disclaimer of Warranty. Unless required by applicable law or
agreed to in writing, Licensor provides the Work (and each
Contributor provides its Contributions) on an "AS IS" BASIS,
WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or
implied, including, without limitation, any warranties or conditions
of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A
PARTICULAR PURPOSE. You are solely responsible for determining the
appropriateness of using or redistributing the Work and assume any
risks associated with Your exercise of permissions under this License.
8. Limitation of Liability. In no event and under no legal theory,
whether in tort (including negligence), contract, or otherwise,
unless required by applicable law (such as deliberate and grossly
negligent acts) or agreed to in writing, shall any Contributor be
liable to You for damages, including any direct, indirect, special,
incidental, or consequential damages of any character arising as a
result of this License or out of the use or inability to use the
Work (including but not limited to damages for loss of goodwill,
work stoppage, computer failure or malfunction, or any and all
other commercial damages or losses), even if such Contributor
has been advised of the possibility of such damages.
9. Accepting Warranty or Additional Liability. While redistributing
the Work or Derivative Works thereof, You may choose to offer,
and charge a fee for, acceptance of support, warranty, indemnity,
or other liability obligations and/or rights consistent with this
License. However, in accepting such obligations, You may act only
on Your own behalf and on Your sole responsibility, not on behalf
of any other Contributor, and only if You agree to indemnify,
defend, and hold each Contributor harmless for any liability
incurred by, or claims asserted against, such Contributor by reason
of your accepting any such warranty or additional liability.
END OF TERMS AND CONDITIONS
APPENDIX: How to apply the Apache License to your work.
To apply the Apache License to your work, attach the following
boilerplate notice, with the fields enclosed by brackets "[]"
replaced with your own identifying information. (Don't include
the brackets!) The text should be enclosed in the appropriate
comment syntax for the file format. We also recommend that a
file or class name and description of purpose be included on the
same "printed page" as the copyright notice for easier
identification within third-party archives.
Copyright [yyyy] [name of copyright owner]
Licensed under the Apache License, Version 2.0 (the "License");
you may not use this file except in compliance with the License.
You may obtain a copy of the License at
http://www.apache.org/licenses/LICENSE-2.0
Unless required by applicable law or agreed to in writing, software
distributed under the License is distributed on an "AS IS" BASIS,
WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.
See the License for the specific language governing permissions and
limitations under the License.

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Elasticsearch
Copyright 2009-2017 Elasticsearch
This product includes software developed by The Apache Software
Foundation (http://www.apache.org/).

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Apache License
Version 2.0, January 2004
http://www.apache.org/licenses/
TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
1. Definitions.
"License" shall mean the terms and conditions for use, reproduction,
and distribution as defined by Sections 1 through 9 of this document.
"Licensor" shall mean the copyright owner or entity authorized by
the copyright owner that is granting the License.
"Legal Entity" shall mean the union of the acting entity and all
other entities that control, are controlled by, or are under common
control with that entity. For the purposes of this definition,
"control" means (i) the power, direct or indirect, to cause the
direction or management of such entity, whether by contract or
otherwise, or (ii) ownership of fifty percent (50%) or more of the
outstanding shares, or (iii) beneficial ownership of such entity.
"You" (or "Your") shall mean an individual or Legal Entity
exercising permissions granted by this License.
"Source" form shall mean the preferred form for making modifications,
including but not limited to software source code, documentation
source, and configuration files.
"Object" form shall mean any form resulting from mechanical
transformation or translation of a Source form, including but
not limited to compiled object code, generated documentation,
and conversions to other media types.
"Work" shall mean the work of authorship, whether in Source or
Object form, made available under the License, as indicated by a
copyright notice that is included in or attached to the work
(an example is provided in the Appendix below).
"Derivative Works" shall mean any work, whether in Source or Object
form, that is based on (or derived from) the Work and for which the
editorial revisions, annotations, elaborations, or other modifications
represent, as a whole, an original work of authorship. For the purposes
of this License, Derivative Works shall not include works that remain
separable from, or merely link (or bind by name) to the interfaces of,
the Work and Derivative Works thereof.
"Contribution" shall mean any work of authorship, including
the original version of the Work and any modifications or additions
to that Work or Derivative Works thereof, that is intentionally
submitted to Licensor for inclusion in the Work by the copyright owner
or by an individual or Legal Entity authorized to submit on behalf of
the copyright owner. For the purposes of this definition, "submitted"
means any form of electronic, verbal, or written communication sent
to the Licensor or its representatives, including but not limited to
communication on electronic mailing lists, source code control systems,
and issue tracking systems that are managed by, or on behalf of, the
Licensor for the purpose of discussing and improving the Work, but
excluding communication that is conspicuously marked or otherwise
designated in writing by the copyright owner as "Not a Contribution."
"Contributor" shall mean Licensor and any individual or Legal Entity
on behalf of whom a Contribution has been received by Licensor and
subsequently incorporated within the Work.
2. Grant of Copyright License. Subject to the terms and conditions of
this License, each Contributor hereby grants to You a perpetual,
worldwide, non-exclusive, no-charge, royalty-free, irrevocable
copyright license to reproduce, prepare Derivative Works of,
publicly display, publicly perform, sublicense, and distribute the
Work and such Derivative Works in Source or Object form.
3. Grant of Patent License. Subject to the terms and conditions of
this License, each Contributor hereby grants to You a perpetual,
worldwide, non-exclusive, no-charge, royalty-free, irrevocable
(except as stated in this section) patent license to make, have made,
use, offer to sell, sell, import, and otherwise transfer the Work,
where such license applies only to those patent claims licensable
by such Contributor that are necessarily infringed by their
Contribution(s) alone or by combination of their Contribution(s)
with the Work to which such Contribution(s) was submitted. If You
institute patent litigation against any entity (including a
cross-claim or counterclaim in a lawsuit) alleging that the Work
or a Contribution incorporated within the Work constitutes direct
or contributory patent infringement, then any patent licenses
granted to You under this License for that Work shall terminate
as of the date such litigation is filed.
4. Redistribution. You may reproduce and distribute copies of the
Work or Derivative Works thereof in any medium, with or without
modifications, and in Source or Object form, provided that You
meet the following conditions:
(a) You must give any other recipients of the Work or
Derivative Works a copy of this License; and
(b) You must cause any modified files to carry prominent notices
stating that You changed the files; and
(c) You must retain, in the Source form of any Derivative Works
that You distribute, all copyright, patent, trademark, and
attribution notices from the Source form of the Work,
excluding those notices that do not pertain to any part of
the Derivative Works; and
(d) If the Work includes a "NOTICE" text file as part of its
distribution, then any Derivative Works that You distribute must
include a readable copy of the attribution notices contained
within such NOTICE file, excluding those notices that do not
pertain to any part of the Derivative Works, in at least one
of the following places: within a NOTICE text file distributed
as part of the Derivative Works; within the Source form or
documentation, if provided along with the Derivative Works; or,
within a display generated by the Derivative Works, if and
wherever such third-party notices normally appear. The contents
of the NOTICE file are for informational purposes only and
do not modify the License. You may add Your own attribution
notices within Derivative Works that You distribute, alongside
or as an addendum to the NOTICE text from the Work, provided
that such additional attribution notices cannot be construed
as modifying the License.
You may add Your own copyright statement to Your modifications and
may provide additional or different license terms and conditions
for use, reproduction, or distribution of Your modifications, or
for any such Derivative Works as a whole, provided Your use,
reproduction, and distribution of the Work otherwise complies with
the conditions stated in this License.
5. Submission of Contributions. Unless You explicitly state otherwise,
any Contribution intentionally submitted for inclusion in the Work
by You to the Licensor shall be under the terms and conditions of
this License, without any additional terms or conditions.
Notwithstanding the above, nothing herein shall supersede or modify
the terms of any separate license agreement you may have executed
with Licensor regarding such Contributions.
6. Trademarks. This License does not grant permission to use the trade
names, trademarks, service marks, or product names of the Licensor,
except as required for reasonable and customary use in describing the
origin of the Work and reproducing the content of the NOTICE file.
7. Disclaimer of Warranty. Unless required by applicable law or
agreed to in writing, Licensor provides the Work (and each
Contributor provides its Contributions) on an "AS IS" BASIS,
WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or
implied, including, without limitation, any warranties or conditions
of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A
PARTICULAR PURPOSE. You are solely responsible for determining the
appropriateness of using or redistributing the Work and assume any
risks associated with Your exercise of permissions under this License.
8. Limitation of Liability. In no event and under no legal theory,
whether in tort (including negligence), contract, or otherwise,
unless required by applicable law (such as deliberate and grossly
negligent acts) or agreed to in writing, shall any Contributor be
liable to You for damages, including any direct, indirect, special,
incidental, or consequential damages of any character arising as a
result of this License or out of the use or inability to use the
Work (including but not limited to damages for loss of goodwill,
work stoppage, computer failure or malfunction, or any and all
other commercial damages or losses), even if such Contributor
has been advised of the possibility of such damages.
9. Accepting Warranty or Additional Liability. While redistributing
the Work or Derivative Works thereof, You may choose to offer,
and charge a fee for, acceptance of support, warranty, indemnity,
or other liability obligations and/or rights consistent with this
License. However, in accepting such obligations, You may act only
on Your own behalf and on Your sole responsibility, not on behalf
of any other Contributor, and only if You agree to indemnify,
defend, and hold each Contributor harmless for any liability
incurred by, or claims asserted against, such Contributor by reason
of your accepting any such warranty or additional liability.
END OF TERMS AND CONDITIONS
APPENDIX: How to apply the Apache License to your work.
To apply the Apache License to your work, attach the following
boilerplate notice, with the fields enclosed by brackets "[]"
replaced with your own identifying information. (Don't include
the brackets!) The text should be enclosed in the appropriate
comment syntax for the file format. We also recommend that a
file or class name and description of purpose be included on the
same "printed page" as the copyright notice for easier
identification within third-party archives.
Copyright [yyyy] [name of copyright owner]
Licensed under the Apache License, Version 2.0 (the "License");
you may not use this file except in compliance with the License.
You may obtain a copy of the License at
http://www.apache.org/licenses/LICENSE-2.0
Unless required by applicable law or agreed to in writing, software
distributed under the License is distributed on an "AS IS" BASIS,
WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.
See the License for the specific language governing permissions and
limitations under the License.

116
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The Netty Project
=================
Please visit the Netty web site for more information:
* http://netty.io/
Copyright 2011 The Netty Project
The Netty Project licenses this file to you under the Apache License,
version 2.0 (the "License"); you may not use this file except in compliance
with the License. You may obtain a copy of the License at:
http://www.apache.org/licenses/LICENSE-2.0
Unless required by applicable law or agreed to in writing, software
distributed under the License is distributed on an "AS IS" BASIS, WITHOUT
WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the
License for the specific language governing permissions and limitations
under the License.
Also, please refer to each LICENSE.<component>.txt file, which is located in
the 'license' directory of the distribution file, for the license terms of the
components that this product depends on.
-------------------------------------------------------------------------------
This product contains the extensions to Java Collections Framework which has
been derived from the works by JSR-166 EG, Doug Lea, and Jason T. Greene:
* LICENSE:
* license/LICENSE.jsr166y.txt (Public Domain)
* HOMEPAGE:
* http://gee.cs.oswego.edu/cgi-bin/viewcvs.cgi/jsr166/
* http://viewvc.jboss.org/cgi-bin/viewvc.cgi/jbosscache/experimental/jsr166/
This product contains a modified version of Robert Harder's Public Domain
Base64 Encoder and Decoder, which can be obtained at:
* LICENSE:
* license/LICENSE.base64.txt (Public Domain)
* HOMEPAGE:
* http://iharder.sourceforge.net/current/java/base64/
This product contains a modified version of 'JZlib', a re-implementation of
zlib in pure Java, which can be obtained at:
* LICENSE:
* license/LICENSE.jzlib.txt (BSD Style License)
* HOMEPAGE:
* http://www.jcraft.com/jzlib/
This product contains a modified version of 'Webbit', a Java event based
WebSocket and HTTP server:
* LICENSE:
* license/LICENSE.webbit.txt (BSD License)
* HOMEPAGE:
* https://github.com/joewalnes/webbit
This product optionally depends on 'Protocol Buffers', Google's data
interchange format, which can be obtained at:
* LICENSE:
* license/LICENSE.protobuf.txt (New BSD License)
* HOMEPAGE:
* http://code.google.com/p/protobuf/
This product optionally depends on 'Bouncy Castle Crypto APIs' to generate
a temporary self-signed X.509 certificate when the JVM does not provide the
equivalent functionality. It can be obtained at:
* LICENSE:
* license/LICENSE.bouncycastle.txt (MIT License)
* HOMEPAGE:
* http://www.bouncycastle.org/
This product optionally depends on 'SLF4J', a simple logging facade for Java,
which can be obtained at:
* LICENSE:
* license/LICENSE.slf4j.txt (MIT License)
* HOMEPAGE:
* http://www.slf4j.org/
This product optionally depends on 'Apache Commons Logging', a logging
framework, which can be obtained at:
* LICENSE:
* license/LICENSE.commons-logging.txt (Apache License 2.0)
* HOMEPAGE:
* http://commons.apache.org/logging/
This product optionally depends on 'Apache Log4J', a logging framework,
which can be obtained at:
* LICENSE:
* license/LICENSE.log4j.txt (Apache License 2.0)
* HOMEPAGE:
* http://logging.apache.org/log4j/
This product optionally depends on 'JBoss Logging', a logging framework,
which can be obtained at:
* LICENSE:
* license/LICENSE.jboss-logging.txt (GNU LGPL 2.1)
* HOMEPAGE:
* http://anonsvn.jboss.org/repos/common/common-logging-spi/
This product optionally depends on 'Apache Felix', an open source OSGi
framework implementation, which can be obtained at:
* LICENSE:
* license/LICENSE.felix.txt (Apache License 2.0)
* HOMEPAGE:
* http://felix.apache.org/

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UnboundID LDAP SDK Free Use License
THIS IS AN AGREEMENT BETWEEN YOU ("YOU") AND UNBOUNDID CORP. ("UNBOUNDID")
REGARDING YOUR USE OF UNBOUNDID LDAP SDK FOR JAVA AND ANY ASSOCIATED
DOCUMENTATION, OBJECT CODE, COMPILED LIBRARIES, SOURCE CODE AND SOURCE FILES OR
OTHER MATERIALS MADE AVAILABLE BY UNBOUNDID (COLLECTIVELY REFERRED TO IN THIS
AGREEMENT AS THE ("SDK").
BY INSTALLING, ACCESSING OR OTHERWISE USING THE SDK, YOU ACCEPT THE TERMS OF
THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT
INSTALL, ACCESS OR USE THE SDK.
USE OF THE SDK. Subject to your compliance with this Agreement, UnboundID
grants to You a non-exclusive, royalty-free license, under UnboundID's
intellectual property rights in the SDK, to use, reproduce, modify and
distribute this release of the SDK; provided that no license is granted herein
under any patents that may be infringed by your modifications, derivative works
or by other works in which the SDK may be incorporated (collectively, your
"Applications"). You may reproduce and redistribute the SDK with your
Applications provided that you (i) include this license file and an
unmodified copy of the unboundid-ldapsdk-se.jar file; and (ii) such
redistribution is subject to a license whose terms do not conflict with or
contradict the terms of this Agreement. You may also reproduce and redistribute
the SDK without your Applications provided that you redistribute the SDK
complete and unmodified (i.e., with all "read me" files, copyright notices, and
other legal notices and terms that UnboundID has included in the SDK).
SCOPE OF LICENSES. This Agreement does not grant You the right to use any
UnboundID intellectual property which is not included as part of the SDK. The
SDK is licensed, not sold. This Agreement only gives You some rights to use
the SDK. UnboundID reserves all other rights. Unless applicable law gives You
more rights despite this limitation, You may use the SDK only as expressly
permitted in this Agreement.
SUPPORT. UnboundID is not obligated to provide any technical or other support
("Support Services") for the SDK to You under this Agreement. However, if
UnboundID chooses to provide any Support Services to You, Your use of such
Support Services will be governed by then-current UnboundID support policies.
TERMINATION. UnboundID reserves the right to discontinue offering the SDK and
to modify the SDK at any time in its sole discretion. Notwithstanding anything
contained in this Agreement to the contrary, UnboundID may also, in its sole
discretion, terminate or suspend access to the SDK to You or any end user at
any time. In addition, if you fail to comply with the terms of this Agreement,
then any rights granted herein will be automatically terminated if such failure
is not corrected within 30 days of the initial notification of such failure.
You acknowledge that termination and/or monetary damages may not be a
sufficient remedy if You breach this Agreement and that UnboundID will be
entitled, without waiving any other rights or remedies, to injunctive or
equitable relief as may be deemed proper by a court of competent jurisdiction
in the event of a breach. UnboundID may also terminate this Agreement if the
SDK becomes, or in UnboundID?s reasonable opinion is likely to become, the
subject of a claim of intellectual property infringement or trade secret
misappropriation. All rights and licenses granted herein will simultaneously
and automatically terminate upon termination of this Agreement for any reason.
DISCLAIMER OF WARRANTY. THE SDK IS PROVIDED "AS IS" AND UNBOUNDID DOES NOT
WARRANT THAT THE SDK WILL BE ERROR-FREE, VIRUS-FREE, WILL PERFORM IN AN
UNINTERRUPTED, SECURE OR TIMELY MANNER, OR WILL INTEROPERATE WITH OTHER
HARDWARE, SOFTWARE, SYSTEMS OR DATA. TO THE MAXIMUM EXTENT ALLOWED BY LAW, ALL
CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY
OR OTHERWISE INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF UNBOUNDID HAD BEEN
INFORMED OF SUCH PURPOSE), OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY
DISCLAIMED.
LIMITATION OF LIABILITY. IN NO EVENT WILL UNBOUNDID OR ITS SUPPLIERS BE LIABLE
FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS,
REVENUE, DATA OR DATA USE, BUSINESS INTERRUPTION, COST OF COVER, DIRECT,
INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND)
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SDK OR IN ANY WAY RELATED TO
THIS AGREEMENT, EVEN IF UNBOUNDID HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
ADDITIONAL RIGHTS. Certain states do not allow the exclusion of implied
warranties or limitation of liability for certain kinds of damages, so the
exclusion of limited warranties and limitation of liability set forth above may
not apply to You.
EXPORT RESTRICTIONS. The SDK is subject to United States export control laws.
You acknowledge and agree that You are responsible for compliance with all
domestic and international export laws and regulations that apply to the SDK.
MISCELLANEOUS. This Agreement constitutes the entire agreement with respect to
the SDK. If any provision of this Agreement shall be held to be invalid,
illegal or unenforceable, the validity, legality and enforceability of the
remaining provisions shall in no way be affected or impaired thereby. This
Agreement and performance hereunder shall be governed by and construed in
accordance with the laws of the State of Texas without regard to its conflict
of laws rules. Any disputes related to this Agreement shall be exclusively
litigated in the state or federal courts located in Travis County, Texas.

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COMMERCIAL SOFTWARE END USER LICENSE AGREEMENT
READ THIS COMMERCIAL SOFTWARE END USER LICENSE AGREEMENT CAREFULLY, WHICH CONSTITUTES A LEGALLY BINDING AGREEMENT AND GOVERNS YOUR USE OF ELASTIC’S PROPRIETARY SOFTWARE. BY INSTALLING AND/OR USING SUCH SOFTWARE, YOU ARE INDICATING THAT YOU AGREE TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. IF YOU DO NOT AGREE WITH SUCH TERMS AND CONDITIONS, YOU MAY NOT INSTALL OR USE ANY OF THE SOFTWARE. IF YOU ARE INSTALLING OR USING THE SOFTWARE ON BEHALF OF YOUR EMPLOYER OR ANOTHER ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE ACTUAL AUTHORITY TO AGREE TO THE TERMS AND CONDITIONS ON BEHALF OF SUCH EMPLOYER OR OTHER ENTITY.
This COMMERCIAL SOFTWARE END USER LICENSE AGREEMENT (this “Agreement") is entered into by and between the applicable Elastic entity referenced in Attachment 1 hereto (“Elastic”) and the person, or entity on behalf of whom you are acting, as applicable (“You” or “Customer”) that has downloaded any of Elastic’s proprietary software to which this Agreement is attached or in connection with which this Agreement is presented to You (collectively, the “Software”). This Agreement is effective upon the earliest date of the commencement of any License granted pursuant to Section 1.1. below (as applicable, the “Effective Date”).
1. SOFTWARE LICENSE AND RESTRICTIONS
1.1 License Grants.
(a) Trial Version License. Subject to the terms and conditions of this Agreement, Elastic agrees to grant, and does hereby grant to You, for a period of thirty (30) days from the date on which You first install the Software (the “Trial Term”), a License to use the Eligible Features and Functions of the Software that are applicable to the Trial Version of the Software.   You understand and agree that upon the expiration of a Trial Term, You will no longer be able to use the Software, unless you either (i) purchase a Subscription, in which case You will receive a License under Section 1.1(b) below to use the Eligible Features and Functions of the Software that are applicable to the Subscription level that You purchase, (ii) complete the Registration of Your use of the Software with Elastic, in which case, if available, You will receive a License under Section 1.1(c) below to the Basic Version of the Software or (iii) obtain from Elastic written consent (e-mail sufficient) to extend the Trial Term, which may be granted by Elastic in its sole and absolute discretion.
(b) Subscription License. If you enter into a Subscription Agreement with Elastic, then, subject to the terms and conditions of this Agreement and complete payment of any and all applicable Subscription fees, Elastic agrees to grant, and does hereby grant to You during the applicable Subscription Term, and for the restricted scope of this Agreement, a License to use the Eligible Features and Functions of the Software that are applicable to the Subscription level that You have purchased, for the number of Nodes and for the specific Project for which you have purchased a Subscription. The level of Subscription, the number of Nodes and specific Project for which you have purchased such Subscription, are set forth on the applicable ordering document entered into by Elastic and You for the purchase of the applicable Subscription (“Order Form”).
(c) Basic Version License. Subject to the terms and conditions of this Agreement, the availability of such a License for the applicable Software and any applicable limitation on the number of Nodes, and in consideration of the Registration of Your use the Software, Elastic agrees to grant, and does hereby grant to You, for a period of one (1) year from the date of Registration, a License to use the Eligible Features and Functions of the Software that are applicable to the Basic Version of the Software. The foregoing license may be renewed annually upon the mutual agreement of the parties.
1.2 Reservation of Rights; Restrictions. As between Elastic and You, Elastic owns all right title and interest in and to the Software and any derivative works thereof, and except as expressly set forth in Section 1.1 above, no other license to the Software is granted to You by implication, estoppel or otherwise. You agree not to: (i) reverse engineer or decompile, decrypt, disassemble or otherwise reduce any Software or any portion thereof to human-readable form, except and only to the extent any such restriction is prohibited by applicable law, (ii) deploy the Software on more Nodes than are permitted under the applicable License grant in Section 1.1 above, (iii) where You have purchased a Subscription, use the Software in connection with any Project other than the Project for which You have purchased such Subscription, as identified on the applicable Order Form, (iv) prepare derivative works from, modify, copy or use the Software in any manner except as expressly permitted in this Agreement; (v) except as expressly permitted in Section 1.1 above, transfer, sell, rent, lease, distribute, sublicense, loan or otherwise transfer the Software in whole or in part to any third party; (vi) except as may be expressly permitted on an applicable Order Form or in another agreement between the parties, use the Software for providing time-sharing services, any software-as-a-service offering (“SaaS”), service bureau services or as part of an application services provider or other service offering; (vii) circumvent the limitations on use of the Software that are imposed or preserved by any License Key, (viii) alter or remove any Marks and Notices in the Software; (ix) deploy the Commercial Software on or in connection with any third party infrastructure as a service that includes any Elastic-branded software as a service; or (x) make available to any third party any analysis of the results of operation of the Software, including benchmarking results, without the prior written consent of Elastic. The Software may contain or be provided with open source libraries, components, utilities and other open source software (collectively, “Open Source Software”), which Open Source Software may have applicable license terms as identified on a website designated by Elastic or otherwise provided with the Software or Documentation. Notwithstanding anything to the contrary herein, use of the Open Source Software shall be subject to the license terms and conditions applicable to such Open Source Software, to the extent required by the applicable licensor (which terms shall not restrict the license rights granted to You hereunder, but may contain additional rights).
1.3 Audit Rights. You agree that, unless such right is waived in writing by Elastic, Elastic shall have the right, upon fifteen (15) days’ notice to You, to audit Your use of the Software for compliance with any limitations on Your use of the Software that are set forth herein. You agree to provide Elastic with the necessary access to the Software to conduct such an audit either (i) remotely, or (ii) if remote performance is not possible, at Your facilities, during normal business hours and no more than one (1) time in any twelve (12) month period. In the event any such audit reveals that You have used the Software in excess of the applicable quantitative limitations, You agree to promptly pay to Elastic an amount equal to the difference between the fees actually paid and the fees that You should have paid to remain in compliance with such quantitative limitations. This Section 1.3 shall survive for a period of two (2) years from the termination or expiration of this Agreement.
1.4 Cluster Metadata. You understand and agree that once deployed, and on a daily basis, the Software may provide metadata to Elastic about Your cluster statistics and associates that metadata with Your IP address. However, no other information is provided to Elastic by the Software, including any information about the data You process or store in connection with Your use of the Software. Instructions for disabling this feature are contained in the Software, however leaving this feature active enables Elastic to gather cluster statistics and provide an improved level of support to You.
2. TERM AND TERMINATION
2.1 Term. Unless earlier terminated under Section 2.2 below, this Agreement shall commence on the Effective Date, and shall continue in force for the term of the last to expire applicable license set forth in Section 1.1 above.
2.2 Termination. Either party may, upon written notice to the other party, terminate this Agreement for material breach by the other party automatically and without any other formality, if such party has failed to cure such material breach within thirty (30) days of receiving written notice of such material breach from the non-breaching party. Notwithstanding the foregoing, this Agreement shall automatically terminate in the event that You intentionally breach the scope of a license granted in Section 1.1 of this Agreement, provided that Elastic reserves the right to retroactively waive such automatic termination upon written notice to You.
2.3 Post Termination or Expiration. Upon termination or expiration of this Agreement, for any reason, You shall promptly cease the use of the Software and Documentation and destroy (and certify to Elastic in writing the fact of such destruction), or return to Elastic, all copies of the Software and Documentation then in Your possession or under Your control.
2.4 Survival. Sections 2.3, 2.4, 3, 4, 5 and 6 (as any such Sections may be modified by Attachment 1, if applicable) shall survive any termination or expiration of this Agreement.
3. LIMITED WARRANTY AND DISCLAIMER OF WARRANTIES
3.1 Limited Performance Warranty. Subject to You purchasing a Subscription, Elastic warrants that during the applicable Subscription Term, the Software will perform in all material respects in accordance with the Documentation. In the event of a breach of the foregoing warranty, Elastic’s sole obligation, and Your exclusive remedy shall be for Elastic to (i) correct any failure(s) of the Software to perform in all material respects in accordance with the Documentation or (ii) if Elastic is unable to provide such a correction within thirty (30) days of receipt of notice of the applicable non-conformity, You may elect to terminate this Agreement and the associated Subscription, and Elastic will promptly refund to You any pre-paid, unused fees paid by You to Elastic for the applicable Subscription. The warranty set forth in this Section 3.1 does not apply if the applicable Software or any portion thereof: (a) has been altered, except by or on behalf Elastic; (b) has not been used, installed, operated, repaired, or maintained in accordance with this Agreement and/or the Documentation; (c) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident; or (d) is used on equipment, products, or systems not meeting specifications identified by Elastic in the Documentation. Additionally, the warranties set forth herein only apply when notice of a warranty claim is provided to Elastic within the applicable warranty period specified herein and do not apply to any bug, defect or error caused by or attributable to software or hardware not supplied by Elastic.
3.2 Malicious Code. Elastic represents and warrants that prior to making it available for delivery to You, Elastic will use standard industry practices including, without limitation, the use of an updated commercial anti-virus program, to test the Software for Malicious Code and remove any Malicious Code it discovers. In the event of a breach of the foregoing warranty, Elastic’s sole obligation, and Your exclusive remedy shall be for Elastic to replace the Software with Software that does not contain any Malicious Code.
3.3 Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 3, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, AND ELASTIC AND ITS LICENSORS MAKE NO WARRANTIES WHETHER EXPRESSED, IMPLIED OR STATUTORY REGARDING OR RELATING TO THE SOFTWARE OR DOCUMENTATION. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ELASTIC AND ITS LICENSORS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE AND DOCUMENTATION, AND WITH RESPECT TO THE USE OF THE FOREGOING. FURTHER, ELASTIC DOES NOT WARRANT RESULTS OF USE OR THAT THE SOFTWARE WILL BE ERROR FREE OR THAT THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED.
4. LIMITATION OF LIABILITY
The provisions of this Section 4, including to the extent modified by an applicable provision in Attachment 1 hereto, apply if You have not purchased a Subscription. If you have purchased a Subscription, then the limitations of liability set forth in the applicable Subscription Agreement will apply in lieu of those set forth in this Section 4, including to the extent modified by an applicable provision in Attachment 1 hereto.
4.1 Disclaimer of Certain Damages. IN NO EVENT SHALL YOU OR ELASTIC OR ITS LICENSORS BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, COST OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, OR THE PERFORMANCE OF OR FAILURE TO PERFORM THIS AGREEMENT, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN IF THE RESPONSIBLE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 4.1 SHALL NOT APPLY TO A BREACH THROUGH GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT BY YOU OF THE SCOPE OF THE LICENSE GRANTED IN SECTION 1.1 OR TO ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
4.2 Damages Cap. IN NO EVENT SHALL ELASTIC’S OR ITS LICENSORS’ AGGREGATE, CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED ONE THOUSAND DOLLARS ($1,000).
4.3 YOU AGREE THAT THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS ARE A REASONABLE ALLOCATION OF THE RISK BETWEEN THE PARTIES AND WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS IN ITS ESSENTIAL PURPOSE.
5. MISCELLANEOUS
This Agreement, including Attachment 1 hereto, which is hereby incorporated herein by this reference, as well as any applicable Order Form and Subscription Agreement, completely and exclusively state the entire agreement of the parties regarding the subject matter herein, and it supersedes, and its terms govern, all prior proposals, agreements, or other communications between the parties, oral or written, regarding such subject matter. In the event of any conflict between the terms and conditions of any of the foregoing documents, the conflict shall be resolved based on the following order of precedence: (i) an applicable Order Form (but only for the transaction thereunder), (ii) an applicable Subscription Agreement, (iii) the Support Services Policy and (iv) this Agreement. For the avoidance of doubt, the parties hereby expressly acknowledge and agree that if You issue any purchase order or similar document in connection with the purchase of a Subscription and/or obtaining of License to the Software, You will do so only for Your internal, administrative purposes and not with the intent to provide any contractual terms. This Agreement may not be modified except by a subsequently dated, written amendment that expressly amends this Agreement and which is signed on behalf of Elastic and You, by duly authorized representatives. If any provision hereof is held unenforceable, this Agreement will continue without said provision and be interpreted to reflect the original intent of the parties.
6. DEFINITIONS
The following terms have the meanings ascribed:
6.1 “Affiliate” means, with respect to a party, any entity that controls, is controlled by, or which is under common control with, such party, where “control” means ownership of at least fifty percent (50%) of the outstanding voting shares of the entity, or the contractual right to establish policy for, and manage the operations of, the entity.
6.2 “Basic Version” means that version of the Software available for use without the purchase of a Subscription, but which does require Registration.
6.3 “Contractor” means any third party contractor performing services on Your behalf.
6.4 “Documentation” means the published end user documentation provided by Elastic with the Software.
6.5 “Eligible Features and Functions” means those features and functions of the Software that are eligible for use with respect to the particular version of the Software licensed by You or the Subscription level purchased by You. A list of the Eligible Features and Functions that correspond to each version of the Software and Subscription levels may be found at https://www.elastic.co/subscriptions.
6.6 “License” means a limited, non-exclusive, non-transferable, fully paid up, right and license (without the right to grant or authorize sublicenses) solely for Your internal business operations to (i) install and use, in object code format, the Software, (ii) use, and distribute internally a reasonable number of copies of the Documentation, provided that You must include on such copies all Marks and Notices; (iii) permit Contractors and Your Affiliates to use the Software and Documentation as set forth in (i) and (ii) above, provided that such use by Contractors must be solely for Your benefit, and You shall be responsible for all acts and omissions of such Contractors and Affiliates in connection with their use of the Software that are contrary to the terms and conditions of this Agreement.
6.7 “License Key” means an alphanumeric code that enables the Eligible Features and Functions of the Software.
6.8 “Malicious Code” means any code that is designed to harm, or otherwise disrupt in any unauthorized manner, the operation of Your computer programs or computer systems or destroy or damage data. For clarity, Malicious Code shall not include any software bugs or errors handled through Support Services, or any standard features of functions of the Software and/or any License Key that are intended to enforce the temporal and/or other limitations on the scope of the use of the Software to the scope of the License granted to You.
6.9 “Marks and Notices” means all Elastic trademarks, trade names, logos and notices present on the Documentation as originally provided by Elastic.
6.10 “Node” means an instance of Software on a single physical server or virtual machine, provided that all client Nodes are excluded from calculating Subscription fees based on the number of Nodes.
6.11 “Project” means a specific use case for the Software, with Nodes being deployed for use in a logical grouping of functionality to support such use case.
6.12 “Registration” means Elastic’s then-current process under which You may register Your use of the Software with Elastic by providing certain information to Elastic regarding You and Your use of the Software.
6.13 “Subscription” means the right to receive Support Services and a License to the Software.
6.14 “Subscription Agreement” means a legally enforceable agreement between You and Elastic, under which You purchase a Subscription.
6.15 “Subscription Level” means the level of Subscription purchased by You. The Subscription Level purchased by You determines the specific Support Services that You are entitled to receive, and the specific Eligible Features and functions that You are entitled to use.
6.16 “Subscription Term” means the period of time for which You have purchased a Subscription.
6.17 “Trial Version” means that version of the Software available for use without the purchase of a Subscription and without Registration.
ATTACHMENT 1
ADDITIONAL TERMS AND CONDITIONS
A. The following additional terms and conditions apply to all Customers with principal offices in the United States of America:
(1) Applicable Elasticsearch Entity. The entity providing the license is Elasticsearch, Inc., a Delaware corporation.
(2) Government Rights. The Software product is "Commercial Computer Software," as that term is defined in 48 C.F.R. 2.101, and as the term is used in 48 C.F.R. Part 12, and is a Commercial Item comprised of "commercial computer software" and "commercial computer software documentation". If acquired by or on behalf of a civilian agency, the U.S. Government acquires this commercial computer software and/or commercial computer software documentation subject to the terms of this Agreement, as specified in 48 C.F.R. 12.212 (Computer Software) and 12.211 (Technical Data) of the Federal Acquisition Regulation ("FAR") and its successors. If acquired by or on behalf of any agency within the Department of Defense ("DOD"), the U.S. Government acquires this commercial computer software and/or commercial computer software documentation subject to the terms of the Elastic Software End User License Agreement as specified in 48 C.F.R. 227.7202-3 and 48 C.F.R. 227.7202-4 of the DOD FAR Supplement ("DFARS") and its successors, and consistent with 48 C.F.R. 227.7202. This U.S. Government Rights clause, consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202 is in lieu of, and supersedes, any other FAR, DFARS, or other clause or provision that addresses Government rights in computer software, computer software documentation or technical data related to the Software under this Agreement and in any Subcontract under which this commercial computer software and commercial computer software documentation is acquired or licensed.
(3) Export Control. You acknowledge that the goods, software and technology acquired from Elastic are subject to U.S. export control laws and regulations, including but not limited to the International Traffic In Arms Regulations (“ITAR”) (22 C.F.R. Parts 120-130 (2010)); the Export Administration Regulations ("EAR") (15 C.F.R. Parts 730-774 (2010)); the U.S. antiboycott regulations in the EAR and U.S. Department of the Treasury regulations; the economic sanctions regulations and guidelines of the U.S. Department of the Treasury, Office of Foreign Assets Control, and the USA Patriot Act (Title III of Pub. L. 107-56, signed into law October 26, 2001), as amended.  You are now and will remain in the future compliant with all such export control laws and regulations, and will not export, re-export, otherwise transfer any Elastic goods, software or technology or disclose any Elastic software or technology to any person contrary to such laws or regulations.  You acknowledge that remote access to the Software may in certain circumstances be considered a re-export of Software, and accordingly, may not be granted in contravention of U.S. export control laws and regulations.
(4) Governing Law, Jurisdiction and Venue.
(a) Customers in California. If Customer is located in California (as determined by the Customer address on the applicable Order Form, or for a trial license under 1.1(a), the location of person who installed the Software), this Agreement will be governed by the laws of the State of California, without regard to its conflict of laws principles, and all suits hereunder will be brought solely in Federal Court for the Northern District of California, or if that court lacks subject matter jurisdiction, in any California State Court located in Santa Clara County.
(b) Customers Outside of California. If Customer is located anywhere other than California (as determined by the Customer address on the applicable Order Form, or for a trial license under 1.1(a), the location of person who installed the Software), this Agreement will be governed by the laws of the State of Delaware, without regard to its conflict of laws principles, and all suits hereunder will be brought solely in Federal Court for the District of Delaware, or if that court lacks subject matter jurisdiction, in any Delaware State Court located in Wilmington, Delaware.
(c) All Customers. This Agreement shall not be governed by the 1980 UN Convention on Contracts for the International Sale of Goods. The parties hereby irrevocably waive any and all claims and defenses either might otherwise have in any action or proceeding in any of the applicable courts set forth in (a) or (b) above, based upon any alleged lack of personal jurisdiction, improper venue, forum non conveniens, or any similar claim or defense.
(d) Equitable Relief. A breach or threatened breach, by either party of Section 4 may cause irreparable harm for which the non-breaching party shall be entitled to seek injunctive relief without being required to post a bond.
B. The following additional terms and conditions apply to all Customers with principal offices in Canada:
(1) Applicable Elasticsearch Entity. The entity providing the license is Elasticsearch B.C. Ltd., a corporation incorporated under laws of the Province of British Columbia.
(2) Export Control. You acknowledge that the goods, software and technology acquired from Elastic are subject to the restrictions and controls set out in Section A(3) above as well as those imposed by the Export and Import Permits Act (Canada) and the regulations thereunder and that you will comply with all applicable laws and regulations. Without limitation, You acknowledge that the Software, or any portion thereof, will not be exported: (a) to any country on Canada's Area Control List; (b) to any country subject to UN Security Council embargo or action; or (c) contrary to Canada's Export Control List Item 5505. You are now and will remain in the future compliant with all such export control laws and regulations, and will not export, re-export, otherwise transfer any Elastic goods, software or technology or disclose any Elastic software or technology to any person contrary to such laws or regulations.  You will not export or re-export the Software, or any portion thereof, directly or indirectly, in violation of the Canadian export administration laws and regulations to any country or end user, or to any end user who you know or have reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons. You further acknowledge that the Software product may include technical data subject to such Canadian export regulations. Elastic does not represent that the Software is appropriate or available for use in all countries. Elastic prohibits accessing materials from countries or states where contents are illegal. You are using the Software on your own initiative and you are responsible for compliance with all applicable laws. You hereby agree to indemnify Elastic and its Affiliates from any claims, actions, liability or expenses (including reasonable lawyers' fees) resulting from Your failure to act in accordance with the acknowledgements, agreements, and representations in this Section B(2).
(3) Governing Law and Dispute Resolution. This Agreement shall be governed by the Province of Ontario and the federal laws of Canada applicable therein without regard to conflict of laws provisions. The parties hereby irrevocably waive any and all claims and defenses either might otherwise have in any such action or proceeding in any of such courts based upon any alleged lack of personal jurisdiction, improper venue, forum non conveniens or any similar claim or defense. Any dispute, claim or controversy arising out of or relating to this Agreement or the existence, breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, (each, a “Dispute”), which the parties are unable to resolve after good faith negotiations, shall be submitted first to the upper management level of the parties. The parties, through their upper management level representatives shall meet within thirty (30) days of the Dispute being referred to them and if the parties are unable to resolve such Dispute within thirty (30) days of meeting, the parties agree to seek to resolve the Dispute through mediation with ADR Chambers in the City of Toronto, Ontario, Canada before pursuing any other proceedings. The costs of the mediator shall be shared equally by the parties. If the Dispute has not been resolved within thirty (30) days of the notice to desire to mediate, any party may terminate the mediation and proceed to arbitration and the matter shall be referred to and finally resolved by arbitration at ADR Chambers pursuant to the general ADR Chambers Rules for Arbitration in the City of Toronto, Ontario, Canada. The arbitration shall proceed in accordance with the provisions of the Arbitration Act (Ontario). The arbitral panel shall consist of three (3) arbitrators, selected as follows: each party shall appoint one (1) arbitrator; and those two (2) arbitrators shall discuss and select a chairman. If the two (2) party-appointed arbitrators are unable to agree on the chairman, the chairman shall be selected in accordance with the applicable rules of the arbitration body. Each arbitrator shall be independent of each of the parties. The arbitrators shall have the authority to grant specific performance and to allocate between the parties the costs of arbitration (including service fees, arbitrator fees and all other fees related to the arbitration) in such equitable manner as the arbitrators may determine. The prevailing party in any arbitration shall be entitled to receive reimbursement of its reasonable expenses incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, Elastic shall have the right to institute an action in a court of proper jurisdiction for preliminary injunctive relief pending a final decision by the arbitrator, provided that a permanent injunction and damages shall only be awarded by the arbitrator. The language to be used in the arbitral proceedings shall be English.
(4) Language. Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English version, the English version of this Agreement shall govern. At the request of the parties, the official language of this Agreement and all communications and documents relating hereto is the English language, and the English-language version shall govern all interpretation of the Agreement.  À la demande des parties, la langue officielle de la présente convention ainsi que toutes communications et tous documents s'y rapportant est la langue anglaise, et la version anglaise est celle qui régit toute interprétation de la présente convention.
(5) Warranty Disclaimer. For Customers with principal offices in the Province of Québec, the following new sentence is to be added to the end of Section 3.3: “SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OR EXCLUSIONS OF CERTAIN TYPES OF DAMAGES AND/OR WARRANTIES AND CONDITIONS. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SET FORTH IN THIS AGREEMENT SHALL NOT APPLY IF AND ONLY IF AND TO THE EXTENT THAT THE LAWS OF A COMPETENT JURISDICTION REQUIRE LIABILITIES BEYOND AND DESPITE THESE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS.”
(6) Limitation of Liability. For Customers with principal offices in the Province of Québec, the following new sentence is to be added to the end of Section 4.1: “SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OR EXCLUSIONS OF CERTAIN TYPES OF DAMAGES AND/OR WARRANTIES AND CONDITIONS.  THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SET FORTH IN THIS AGREEMENT SHALL NOT APPLY IF AND ONLY IF AND TO THE EXTENT THAT THE LAWS OF A COMPETENT JURISDICTION REQUIRE LIABILITIES BEYOND AND DESPITE THESE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS.”
C. The following additional terms and conditions apply to all Customers with principal offices outside of the United States of America and Canada:
(1) Applicable Elasticsearch Entity. The entity providing the license in Germany is Elasticsearch Gmbh; in France is Elasticsearch SARL, in the United Kingdom is Elasticsearch Ltd, in Australia is Elasticsearch Pty Ltd., in Japan is Elasticsearch KK, in Sweden is Elasticsearch AB, in Norway is Elasticsearch AS and in all other countries is Elasticsearch BV.
(2) Choice of Law. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without reference to or application of choice of law rules or principles. Notwithstanding any choice of law provision or otherwise, the Uniform Computer Information Transactions Act (UCITA) and the United Nations Convention on the International Sale of Goods shall not apply.
(3) Arbitration. Any dispute, claim or controversy arising out of or relating to this Agreement or the existence, breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, (each, a “Dispute”) shall be referred to and finally resolved by arbitration under the rules and at the location identified below. The arbitral panel shall consist of three (3) arbitrators, selected as follows: each party shall appoint one (1) arbitrator; and those two (2) arbitrators shall discuss and select a chairman. If the two party-appointed arbitrators are unable to agree on the chairman, the chairman shall be selected in accordance with the applicable rules of the arbitration body. Each arbitrator shall be independent of each of the parties. The arbitrators shall have the authority to grant specific performance and to allocate between the parties the costs of arbitration (including service fees, arbitrator fees and all other fees related to the arbitration) in such equitable manner as the arbitrators may determine. The prevailing party in any arbitration shall be entitled to receive reimbursement of its reasonable expenses incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, Elastic shall have the right to institute an action in a court of proper jurisdiction for preliminary injunctive relief pending a final decision by the arbitrator, provided that a permanent injunction and damages shall only be awarded by the arbitrator. The language to be used in the arbitral proceedings shall be English.
In addition, the following terms only apply to Customers with principal offices within Europe, the Middle East or Africa (EMEA):
Arbitration Rules and Location. Any Dispute shall be referred to and finally resolved by arbitration under the London Court of International Arbitration (“LCIA”) Rules (which Rules are deemed to be incorporated by reference into this clause) on the basis that the governing law is the law of the State of New York, USA. The seat, or legal place, of arbitration shall be London, England.
(b) In addition, the following terms only apply to Customers with principal offices within Asia Pacific, Australia & New Zealand:
Arbitration Rules and Location. Any Dispute shall be referred to and finally resolved by arbitration under the Rules of Conciliation and Arbitration of the International Chamber of Commerce (“ICC”) in force on the date when the notice of arbitration is submitted in accordance with such Rules (which Rules are deemed to be incorporated by reference into this clause) on the basis that the governing law is the law of the State of New York, USA. The seat, or legal place, of arbitration shall be Singapore.
(c) In addition, the following terms only apply to Customers with principal offices within the Americas (excluding North America):
Arbitration Rules and Location. Any Dispute shall be referred to and finally resolved by arbitration under International Dispute Resolution Procedures of the American Arbitration Association (“AAA”) in force on the date when the notice of arbitration is submitted in accordance with such Procedures (which Procedures are deemed to be incorporated by reference into this clause) on the basis that the governing law is the law of the State of New York, USA. The seat, or legal place, of arbitration shall be New York, New York, USA.
(4) In addition, for Customers with principal offices within the UK, the following new sentence is added to the end of Section 4.1:
Nothing in this Agreement shall have effect so as to limit or exclude a party’s liability for death or personal injury caused by negligence or for fraud including fraudulent misrepresentation and this Section 4.1 shall take effect subject to this provision.
(5) In addition, for Customers with principal offices within France, Sections 1.2, 3 and 4.1 of the Agreement are deleted and replaced with the following new Sections 1.2, 3.3 and 4.1:
1.2 Reservation of Rights; Restrictions. Elastic owns all right title and interest in and to the Software and any derivative works thereof, and except as expressly set forth in Section 1.1 above, no other license to the Software is granted to You by implication, or otherwise. You agree not to prepare derivative works from, modify, copy or use the Software in any manner except as expressly permitted in this Agreement; provided that You may copy the Software for archival purposes, only where such software is provided on a non-durable medium; and You may decompile the Software, where necessary for interoperability purposes and where necessary for the correction of errors making the software unfit for its intended purpose, if such right is not reserved by Elastic as editor of the Software. Pursuant to article L122-6-1 of the French intellectual property code, Elastic reserves the right to correct any bugs as necessary for the Software to serve its intended purpose. You agree not to: (i) transfer, sell, rent, lease, distribute, sublicense, loan or otherwise transfer the Software in whole or in part to any third party; (ii) use the Software for providing time-sharing services, any software-as-a-service offering (“SaaS”), service bureau services or as part of an application services provider or other service offering; (iii) alter or remove any proprietary notices in the Software; or (iv) make available to any third party any analysis of the results of operation of the Software, including benchmarking results, without the prior written consent of Elastic.
3.3 Warranty Disclaimer. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, AND ELASTIC AND ITS LICENSORS MAKE NO WARRANTIES WHETHER EXPRESSED, IMPLIED OR STATUTORY REGARDING OR RELATING TO THE SOFTWARE OR DOCUMENTATION. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ELASTIC AND ITS LICENSORS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SOFTWARE AND DOCUMENTATION, AND WITH RESPECT TO THE USE OF THE FOREGOING. FURTHER, ELASTIC DOES NOT WARRANT RESULTS OF USE OR THAT THE SOFTWARE WILL BE ERROR FREE OR THAT THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED.
4.1 Disclaimer of Certain Damages. IN NO EVENT SHALL YOU OR ELASTIC OR ITS LICENSORS BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, COST OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT OR UNFORESEEABLE DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, OR THE PERFORMANCE OF OR FAILURE TO PERFORM THIS AGREEMENT, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE. THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 4.1 SHALL NOT APPLY TO A BREACH, THROUGH GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT BY YOU, OF THE SCOPE OF THE LICENSE GRANTED IN SECTION 1.1, OR IN CASE OF DEATH OR PERSONAL INJURY.
(6) In addition, for Customers located within Australia: (a) Sections 3.1, 3.2 and 3.3 of the Agreement are deleted and replaced with the following new Sections 3.1, 3.2, 3.3, 3.4 and 3.5; and (b) Sections 4.1, 4.2 and 4.3 of the Agreement are deleted and replaced with the following new Sections 4.1, 4.2, and 4.3:
3.1 Despite anything in this Agreement, Elastic’s goods come with guarantees that cannot be excluded under the Australian Consumer Law (as set out in the Competition and Consumer Act 2010 (Cth)). You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
3.2 Limited Performance Warranty. Subject to You purchasing a Subscription, Elastic warrants that during the applicable Subscription Term, the Software will perform in all material respects in accordance with the Documentation. In the event of a breach of the foregoing warranty during the Subscription Term and where You notify Elastic that the Software does not perform in all material respects in accordance with the Documentation, Elastic’s sole obligation, and Your exclusive remedy shall be for Elastic to (i) correct (at Elastic’s cost) any failure(s) of the Software to perform in all material respects in accordance with the Documentation or (ii) if Elastic is unable to provide such a correction within thirty (30) days of receipt of notice of the applicable non-conformity, You may elect to terminate this Agreement and the associated Subscription, and Elastic will promptly refund to You any pre-paid, unused fees paid by You to Elastic for the applicable Subscription. The warranty set forth in this Section 3.2 does not apply if the applicable Software or any portion thereof: (a) has been altered, except by or on behalf Elastic; (b) has not been used, installed, operated, repaired, or maintained in accordance with this Agreement and/or the Documentation; (c) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident; or (d) is used on equipment, products, or systems not meeting specifications identified by Elastic in the Documentation. Additionally, the warranties set forth herein only apply when notice of a warranty claim is provided to Elastic within the applicable warranty period specified herein and do not apply to any bug, defect or error caused by or attributable to software or hardware not supplied by Elastic.
3.3 For the purposes of Section 3.2, You must use the contact details set out below to notify Elastic that the Software does not perform in all material respects in accordance with the Documentation:
Elasticsearch Pty Ltd
4th Floor, 17-19 Alberta Street
Sydney, New South Wales, 2000, Australia
3.4 Malicious Code. Elastic represents and warrants that prior to making it available for delivery to You, Elastic will use standard industry practices including, without limitation, the use of an updated commercial anti-virus program, to test the Software for Malicious Code and remove any Malicious Code it discovers. In the event of a breach of the foregoing warranty, Elastic’s sole obligation, and Your exclusive remedy shall be, at Elastic’s option, for Elastic to replace the Software with Software that does not contain any Malicious Code or to pay for the cost of the Software to be replaced with Software that does not contain any Malicious Code.
3.5 Warranty Disclaimer. NOTHING IN THIS AGREEMENT IS INTENDED TO LIMIT CUSTOMER’S NON-EXCLUDABLE RIGHTS UNDER THE COMPETITION AND CONSUMER ACT 2010 (CTH). EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, AND ELASTIC AND ITS LICENSORS MAKE NO WARRANTIES WHETHER EXPRESSED, IMPLIED OR STATUTORY REGARDING OR RELATING TO THE SOFTWARE OR DOCUMENTATION. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW AND EXCEPT AS SET OUT IN THIS AGREEMENT, ELASTIC AND ITS LICENSORS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE AND DOCUMENTATION, AND WITH RESPECT TO THE USE OF THE FOREGOING. FURTHER, ELASTIC DOES NOT WARRANT RESULTS OF USE OR THAT THE SOFTWARE WILL BE ERROR FREE OR THAT THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED.
4.1 Disclaimer of Certain Damages. Subject to clause 4.3, a party is not liable for Consequential Loss however caused (including by the negligence of that party) suffered or incurred by the other party in connection with this agreement. “Consequential Loss” means loss of revenues, loss of reputation, indirect loss, loss of profits, consequential loss, loss of actual or anticipated savings, indirect loss, lost opportunities, including opportunities to enter into arrangements with third parties, loss or damage in connection with claims against by third parties, or loss or corruption or data.
4.2 Damages Cap. SUBJECT TO CLAUSES 4.1 AND 4.3, ANY LIABILITY OF ELASTIC FOR ANY LOSS OR DAMAGE, HOWEVER CAUSED (INCLUDING BY THE NEGLIGENCE OF ELASTIC), SUFFERED BY YOU IN CONNECTION WITH THIS AGREEMENT IS LIMITED TO ONE THOUSAND DOLLARS ($1,000). THE LIMITATION SET OUT IN THIS SECTION 4.2 IS AN AGGREGATE LIMIT FOR ALL CLAIMS, WHENEVER MADE.
4.3 Australian Consumer Law. IF THE COMPETITION AND CONSUMER ACT 2010 (CTH) OR ANY OTHER LEGISLATION STATES THAT THERE IS A GUARANTEE IN RELATION TO ANY GOOD OR SERVICE SUPPLIED BY ELASTIC IN CONNECTION WITH THIS AGREEMENT, AND ELASTIC’S LIABILITY FOR FAILING TO COMPLY WITH THAT GUARANTEE CANNOT BE EXCLUDED BUT MAY BE LIMITED, SECTIONS 4.1, 4.2 AND 4.3 DO NOT APPLY TO THAT LIABILITY. INSTEAD, ELASTIC’S LIABILITY FOR THAT FAILURE IS LIMITED TO (AT THE ELECTION OF ELASTIC), IN THE CASE OF A SUPPLY OF GOODS, ELASTIC REPLACING THE GOODS OR SUPPLYING EQUIVALENT GOODS OR REPAIRING THE GOODS, OR IN THE CASE OF A SUPPLY OF SERVICES, ELASTIC SUPPLYING THE SERVICES AGAIN OR PAYING THE COST OF HAVING THE SERVICES SUPPLIED AGAIN.
(7) In addition, for Customers with principal offices within Japan, Sections 1.2, 3 and 4.1 of the Agreement are deleted and replaced with the following new Sections 1.2, 3.3 and 4.1:
1.2 Reservation of Rights; Restrictions. As between Elastic and You, Elastic owns all right title and interest in and to the Software and any derivative works thereof, and except as expressly set forth in Section 1.1 above, no other license to the Software is granted to You by implication or otherwise. You agree not to: (i) prepare derivative works from, modify, copy or use the Software in any manner except as expressly permitted in this Agreement or applicable law; (ii) transfer, sell, rent, lease, distribute, sublicense, loan or otherwise transfer the Software in whole or in part to any third party; (iii) use the Software for providing time-sharing services, any software-as-a-service offering (“SaaS”), service bureau services or as part of an application services provider or other service offering; (iv) alter or remove any proprietary notices in the Software; or (v) make available to any third party any analysis of the results of operation of the Software, including benchmarking results, without the prior written consent of Elastic.
3.3 Warranty Disclaimer. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, AND ELASTIC AND ITS LICENSORS MAKE NO WARRANTIES WHETHER EXPRESSED, IMPLIED OR STATUTORY REGARDING OR RELATING TO THE SOFTWARE OR DOCUMENTATION. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ELASTIC AND ITS LICENSORS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE AND DOCUMENTATION, AND WITH RESPECT TO THE USE OF THE FOREGOING. FURTHER, ELASTIC DOES NOT WARRANT RESULTS OF USE OR THAT THE SOFTWARE WILL BE ERROR FREE OR THAT THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED.
4.1 Disclaimer of Certain Damages. IN NO EVENT SHALL YOU OR ELASTIC OR ITS LICENSORS BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, COST OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY SPECIALINDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, OR THE PERFORMANCE OF OR FAILURE TO PERFORM THIS AGREEMENT, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN IF THE RESPONSIBLE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 4.1 SHALL NOT APPLY TO A BREACH THROUGH GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT BY YOU OF THE SCOPE OF THE LICENSE GRANTED IN SECTION 1.1 OR TO ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

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Elasticsearch X-Pack
Copyright 2009-2017 Elasticsearch

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apply plugin: 'elasticsearch.build'
archivesBaseName = 'x-pack-watcher'
// TODO: enable this once we have tests
test.enabled=false
licenseHeaders.enabled = false
dependencyLicenses {
mapping from: /owasp-java-html-sanitizer.*/, to: 'owasp-java-html-sanitizer'
ignoreSha 'x-pack-common'
}
dependencies {
provided "org.elasticsearch:elasticsearch:${version}"
compile "org.elasticsearch:x-pack-common:${version}"
// watcher deps
compile 'com.googlecode.owasp-java-html-sanitizer:owasp-java-html-sanitizer:r239'
compile 'com.google.guava:guava:16.0.1' // needed by watcher for the html sanitizer and security tests for jimfs
compile 'com.sun.mail:javax.mail:1.5.6'
// HACK: java 9 removed javax.activation from the default modules, so instead of trying to add modules, which would have
// to be conditionalized for java 8/9, we pull in the classes directly
compile 'javax.activation:activation:1.1.1'
}
parent.bundlePlugin {
from jar
}
// classes are missing, e.g. com.ibm.icu.lang.UCharacter
thirdPartyAudit.excludes = [
// uses internal java api: sun.misc.Unsafe
'com.google.common.cache.Striped64',
'com.google.common.cache.Striped64$1',
'com.google.common.cache.Striped64$Cell',
'com.google.common.primitives.UnsignedBytes$LexicographicalComparatorHolder$UnsafeComparator',
'com.google.common.primitives.UnsignedBytes$LexicographicalComparatorHolder$UnsafeComparator$1',
// pulled in as external dependency to work on java 9
'com.sun.activation.registries.LineTokenizer',
'com.sun.activation.registries.LogSupport',
'com.sun.activation.registries.MailcapFile',
'com.sun.activation.registries.MailcapTokenizer',
'com.sun.activation.registries.MimeTypeEntry',
'com.sun.activation.registries.MimeTypeFile',
'javax.activation.MailcapCommandMap',
'javax.activation.MimetypesFileTypeMap',
]
// pulled in as external dependency to work on java 9
if (JavaVersion.current() <= JavaVersion.VERSION_1_8) {
thirdPartyAudit.excludes += [
'com.sun.activation.registries.MailcapParseException',
'javax.activation.ActivationDataFlavor',
'javax.activation.CommandInfo',
'javax.activation.CommandMap',
'javax.activation.CommandObject',
'javax.activation.DataContentHandler',
'javax.activation.DataContentHandlerFactory',
'javax.activation.DataHandler$1',
'javax.activation.DataHandler',
'javax.activation.DataHandlerDataSource',
'javax.activation.DataSource',
'javax.activation.DataSourceDataContentHandler',
'javax.activation.FileDataSource',
'javax.activation.FileTypeMap',
'javax.activation.MimeType',
'javax.activation.MimeTypeParameterList',
'javax.activation.MimeTypeParseException',
'javax.activation.ObjectDataContentHandler',
'javax.activation.SecuritySupport$1',
'javax.activation.SecuritySupport$2',
'javax.activation.SecuritySupport$3',
'javax.activation.SecuritySupport$4',
'javax.activation.SecuritySupport$5',
'javax.activation.SecuritySupport',
'javax.activation.URLDataSource',
'javax.activation.UnsupportedDataTypeException'
]
}

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485de3a253e23f645037828c07f1d7f1af40763a

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COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) Version 1.0
1. Definitions.
1.1. Contributor means each individual or entity that creates or contributes to the creation of Modifications.
1.2. Contributor Version means the combination of the Original Software, prior Modifications used by a Contributor (if any), and the Modifications made by that particular Contributor.
1.3. Covered Software means (a) the Original Software, or (b) Modifications, or (c) the combination of files containing Original Software with files containing Modifications, in each case including portions thereof.
1.4. Executable means the Covered Software in any form other than Source Code.
1.5. Initial Developer means the individual or entity that first makes Original Software available under this License.
1.6. Larger Work means a work which combines Covered Software or portions thereof with code not governed by the terms of this License.
1.7. License means this document.
1.8. Licensable means having the right to grant, to the maximum extent possible, whether at the time of the initial grant or subsequently acquired, any and all of the rights conveyed herein.
1.9. Modifications means the Source Code and Executable form of any of the following:
A. Any file that results from an addition to, deletion from or modification of the contents of a file containing Original Software or previous Modifications;
B. Any new file that contains any part of the Original Software or previous Modification; or
C. Any new file that is contributed or otherwise made available under the terms of this License.
1.10. Original Software means the Source Code and Executable form of computer software code that is originally released under this License.
1.11. Patent Claims means any patent claim(s), now owned or hereafter acquired, including without limitation, method, process, and apparatus claims, in any patent Licensable by grantor.
1.12. Source Code means (a) the common form of computer software code in which modifications are made and (b) associated documentation included in or with such code.
1.13. You (or Your) means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License. For legal entities, You includes any entity which controls, is controlled by, or is under common control with You. For purposes of this definition, control means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of more than fifty percent (50%) of the outstanding shares or beneficial ownership of such entity.
2. License Grants.
2.1. The Initial Developer Grant.
Conditioned upon Your compliance with Section 3.1 below and subject to third party intellectual property claims, the Initial Developer hereby grants You a world-wide, royalty-free, non-exclusive license:
(a) under intellectual property rights (other than patent or trademark) Licensable by Initial Developer, to use, reproduce, modify, display, perform, sublicense and distribute the Original Software (or portions thereof), with or without Modifications, and/or as part of a Larger Work; and
(b) under Patent Claims infringed by the making, using or selling of Original Software, to make, have made, use, practice, sell, and offer for sale, and/or otherwise dispose of the Original Software (or portions thereof).
(c) The licenses granted in Sections 2.1(a) and (b) are effective on the date Initial Developer first distributes or otherwise makes the Original Software available to a third party under the terms of this License.
(d) Notwithstanding Section 2.1(b) above, no patent license is granted: (1) for code that You delete from the Original Software, or (2) for infringements caused by: (i) the modification of the Original Software, or (ii) the combination of the Original Software with other software or devices.
2.2. Contributor Grant.
Conditioned upon Your compliance with Section 3.1 below and subject to third party intellectual property claims, each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license:
(a) under intellectual property rights (other than patent or trademark) Licensable by Contributor to use, reproduce, modify, display, perform, sublicense and distribute the Modifications created by such Contributor (or portions thereof), either on an unmodified basis, with other Modifications, as Covered Software and/or as part of a Larger Work; and
(b) under Patent Claims infringed by the making, using, or selling of Modifications made by that Contributor either alone and/or in combination with its Contributor Version (or portions of such combination), to make, use, sell, offer for sale, have made, and/or otherwise dispose of: (1) Modifications made by that Contributor (or portions thereof); and (2) the combination of Modifications made by that Contributor with its Contributor Version (or portions of such combination).
(c) The licenses granted in Sections 2.2(a) and 2.2(b) are effective on the date Contributor first distributes or otherwise makes the Modifications available to a third party.
(d) Notwithstanding Section 2.2(b) above, no patent license is granted: (1) for any code that Contributor has deleted from the Contributor Version; (2) for infringements caused by: (i) third party modifications of Contributor Version, or (ii) the combination of Modifications made by that Contributor with other software (except as part of the Contributor Version) or other devices; or (3) under Patent Claims infringed by Covered Software in the absence of Modifications made by that Contributor.
3. Distribution Obligations.
3.1. Availability of Source Code.
Any Covered Software that You distribute or otherwise make available in Executable form must also be made available in Source Code form and that Source Code form must be distributed only under the terms of this License. You must include a copy of this License with every copy of the Source Code form of the Covered Software You distribute or otherwise make available. You must inform recipients of any such Covered Software in Executable form as to how they can obtain such Covered Software in Source Code form in a reasonable manner on or through a medium customarily used for software exchange.
3.2. Modifications.
The Modifications that You create or to which You contribute are governed by the terms of this License. You represent that You believe Your Modifications are Your original creation(s) and/or You have sufficient rights to grant the rights conveyed by this License.
3.3. Required Notices.
You must include a notice in each of Your Modifications that identifies You as the Contributor of the Modification. You may not remove or alter any copyright, patent or trademark notices contained within the Covered Software, or any notices of licensing or any descriptive text giving attribution to any Contributor or the Initial Developer.
3.4. Application of Additional Terms.
You may not offer or impose any terms on any Covered Software in Source Code form that alters or restricts the applicable version of this License or the recipients rights hereunder. You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Covered Software. However, you may do so only on Your own behalf, and not on behalf of the Initial Developer or any Contributor. You must make it absolutely clear that any such warranty, support, indemnity or liability obligation is offered by You alone, and You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of warranty, support, indemnity or liability terms You offer.
3.5. Distribution of Executable Versions.
You may distribute the Executable form of the Covered Software under the terms of this License or under the terms of a license of Your choice, which may contain terms different from this License, provided that You are in compliance with the terms of this License and that the license for the Executable form does not attempt to limit or alter the recipients rights in the Source Code form from the rights set forth in this License. If You distribute the Covered Software in Executable form under a different license, You must make it absolutely clear that any terms which differ from this License are offered by You alone, not by the Initial Developer or Contributor. You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of any such terms You offer.
3.6. Larger Works.
You may create a Larger Work by combining Covered Software with other code not governed by the terms of this License and distribute the Larger Work as a single product. In such a case, You must make sure the requirements of this License are fulfilled for the Covered Software.
4. Versions of the License.
4.1. New Versions.
Sun Microsystems, Inc. is the initial license steward and may publish revised and/or new versions of this License from time to time. Each version will be given a distinguishing version number. Except as provided in Section 4.3, no one other than the license steward has the right to modify this License.
4.2. Effect of New Versions.
You may always continue to use, distribute or otherwise make the Covered Software available under the terms of the version of the License under which You originally received the Covered Software. If the Initial Developer includes a notice in the Original Software prohibiting it from being distributed or otherwise made available under any subsequent version of the License, You must distribute and make the Covered Software available under the terms of the version of the License under which You originally received the Covered Software. Otherwise, You may also choose to use, distribute or otherwise make the Covered Software available under the terms of any subsequent version of the License published by the license steward.
4.3. Modified Versions.
When You are an Initial Developer and You want to create a new license for Your Original Software, You may create and use a modified version of this License if You: (a) rename the license and remove any references to the name of the license steward (except to note that the license differs from this License); and (b) otherwise make it clear that the license contains terms which differ from this License.
5. DISCLAIMER OF WARRANTY.
COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN AS IS BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
6. TERMINATION.
6.1. This License and the rights granted hereunder will terminate automatically if You fail to comply with terms herein and fail to cure such breach within 30 days of becoming aware of the breach. Provisions which, by their nature, must remain in effect beyond the termination of this License shall survive.
6.2. If You assert a patent infringement claim (excluding declaratory judgment actions) against Initial Developer or a Contributor (the Initial Developer or Contributor against whom You assert such claim is referred to as Participant) alleging that the Participant Software (meaning the Contributor Version where the Participant is a Contributor or the Original Software where the Participant is the Initial Developer) directly or indirectly infringes any patent, then any and all rights granted directly or indirectly to You by such Participant, the Initial Developer (if the Initial Developer is not the Participant) and all Contributors under Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from Participant terminate prospectively and automatically at the expiration of such 60 day notice period, unless if within such 60 day period You withdraw Your claim with respect to the Participant Software against such Participant either unilaterally or pursuant to a written agreement with Participant.
6.3. In the event of termination under Sections 6.1 or 6.2 above, all end user licenses that have been validly granted by You or any distributor hereunder prior to termination (excluding licenses granted to You by any distributor) shall survive termination.
7. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTYS NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
8. U.S. GOVERNMENT END USERS.
The Covered Software is a commercial item, as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of commercial computer software (as that term is defined at 48 C.F.R.  252.227-7014(a)(1)) and commercial computer software documentation as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Software with only those rights set forth herein. This U.S. Government Rights clause is in lieu of, and supersedes, any other FAR, DFAR, or other clause or provision that addresses Government rights in computer software under this License.
9. MISCELLANEOUS.
This License represents the complete agreement concerning subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This License shall be governed by the law of the jurisdiction specified in a notice contained within the Original Software (except to the extent applicable law, if any, provides otherwise), excluding such jurisdictions conflict-of-law provisions. Any litigation relating to this License shall be subject to the jurisdiction of the courts located in the jurisdiction and venue specified in a notice contained within the Original Software, with the losing party responsible for costs, including, without limitation, court costs and reasonable attorneys fees and expenses. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this License. You agree that You alone are responsible for compliance with the United States export administration regulations (and the export control laws and regulation of any other countries) when You use, distribute or otherwise make available any Covered Software.
10. RESPONSIBILITY FOR CLAIMS.
As between Initial Developer and the Contributors, each party is responsible for claims and damages arising, directly or indirectly, out of its utilization of rights under this License and You agree to work with Initial Developer and Contributors to distribute such responsibility on an equitable basis. Nothing herein is intended or shall be deemed to constitute any admission of liability.
NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL)
The GlassFish code released under the CDDL shall be governed by the laws of the State of California (excluding conflict-of-law provisions). Any litigation relating to this License shall be subject to the jurisdiction of the Federal Courts of the Northern District of California and the state courts of the State of California, with venue lying in Santa Clara County, California.

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Apache License
Version 2.0, January 2004
http://www.apache.org/licenses/
TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
1. Definitions.
"License" shall mean the terms and conditions for use, reproduction,
and distribution as defined by Sections 1 through 9 of this document.
"Licensor" shall mean the copyright owner or entity authorized by
the copyright owner that is granting the License.
"Legal Entity" shall mean the union of the acting entity and all
other entities that control, are controlled by, or are under common
control with that entity. For the purposes of this definition,
"control" means (i) the power, direct or indirect, to cause the
direction or management of such entity, whether by contract or
otherwise, or (ii) ownership of fifty percent (50%) or more of the
outstanding shares, or (iii) beneficial ownership of such entity.
"You" (or "Your") shall mean an individual or Legal Entity
exercising permissions granted by this License.
"Source" form shall mean the preferred form for making modifications,
including but not limited to software source code, documentation
source, and configuration files.
"Object" form shall mean any form resulting from mechanical
transformation or translation of a Source form, including but
not limited to compiled object code, generated documentation,
and conversions to other media types.
"Work" shall mean the work of authorship, whether in Source or
Object form, made available under the License, as indicated by a
copyright notice that is included in or attached to the work
(an example is provided in the Appendix below).
"Derivative Works" shall mean any work, whether in Source or Object
form, that is based on (or derived from) the Work and for which the
editorial revisions, annotations, elaborations, or other modifications
represent, as a whole, an original work of authorship. For the purposes
of this License, Derivative Works shall not include works that remain
separable from, or merely link (or bind by name) to the interfaces of,
the Work and Derivative Works thereof.
"Contribution" shall mean any work of authorship, including
the original version of the Work and any modifications or additions
to that Work or Derivative Works thereof, that is intentionally
submitted to Licensor for inclusion in the Work by the copyright owner
or by an individual or Legal Entity authorized to submit on behalf of
the copyright owner. For the purposes of this definition, "submitted"
means any form of electronic, verbal, or written communication sent
to the Licensor or its representatives, including but not limited to
communication on electronic mailing lists, source code control systems,
and issue tracking systems that are managed by, or on behalf of, the
Licensor for the purpose of discussing and improving the Work, but
excluding communication that is conspicuously marked or otherwise
designated in writing by the copyright owner as "Not a Contribution."
"Contributor" shall mean Licensor and any individual or Legal Entity
on behalf of whom a Contribution has been received by Licensor and
subsequently incorporated within the Work.
2. Grant of Copyright License. Subject to the terms and conditions of
this License, each Contributor hereby grants to You a perpetual,
worldwide, non-exclusive, no-charge, royalty-free, irrevocable
copyright license to reproduce, prepare Derivative Works of,
publicly display, publicly perform, sublicense, and distribute the
Work and such Derivative Works in Source or Object form.
3. Grant of Patent License. Subject to the terms and conditions of
this License, each Contributor hereby grants to You a perpetual,
worldwide, non-exclusive, no-charge, royalty-free, irrevocable
(except as stated in this section) patent license to make, have made,
use, offer to sell, sell, import, and otherwise transfer the Work,
where such license applies only to those patent claims licensable
by such Contributor that are necessarily infringed by their
Contribution(s) alone or by combination of their Contribution(s)
with the Work to which such Contribution(s) was submitted. If You
institute patent litigation against any entity (including a
cross-claim or counterclaim in a lawsuit) alleging that the Work
or a Contribution incorporated within the Work constitutes direct
or contributory patent infringement, then any patent licenses
granted to You under this License for that Work shall terminate
as of the date such litigation is filed.
4. Redistribution. You may reproduce and distribute copies of the
Work or Derivative Works thereof in any medium, with or without
modifications, and in Source or Object form, provided that You
meet the following conditions:
(a) You must give any other recipients of the Work or
Derivative Works a copy of this License; and
(b) You must cause any modified files to carry prominent notices
stating that You changed the files; and
(c) You must retain, in the Source form of any Derivative Works
that You distribute, all copyright, patent, trademark, and
attribution notices from the Source form of the Work,
excluding those notices that do not pertain to any part of
the Derivative Works; and
(d) If the Work includes a "NOTICE" text file as part of its
distribution, then any Derivative Works that You distribute must
include a readable copy of the attribution notices contained
within such NOTICE file, excluding those notices that do not
pertain to any part of the Derivative Works, in at least one
of the following places: within a NOTICE text file distributed
as part of the Derivative Works; within the Source form or
documentation, if provided along with the Derivative Works; or,
within a display generated by the Derivative Works, if and
wherever such third-party notices normally appear. The contents
of the NOTICE file are for informational purposes only and
do not modify the License. You may add Your own attribution
notices within Derivative Works that You distribute, alongside
or as an addendum to the NOTICE text from the Work, provided
that such additional attribution notices cannot be construed
as modifying the License.
You may add Your own copyright statement to Your modifications and
may provide additional or different license terms and conditions
for use, reproduction, or distribution of Your modifications, or
for any such Derivative Works as a whole, provided Your use,
reproduction, and distribution of the Work otherwise complies with
the conditions stated in this License.
5. Submission of Contributions. Unless You explicitly state otherwise,
any Contribution intentionally submitted for inclusion in the Work
by You to the Licensor shall be under the terms and conditions of
this License, without any additional terms or conditions.
Notwithstanding the above, nothing herein shall supersede or modify
the terms of any separate license agreement you may have executed
with Licensor regarding such Contributions.
6. Trademarks. This License does not grant permission to use the trade
names, trademarks, service marks, or product names of the Licensor,
except as required for reasonable and customary use in describing the
origin of the Work and reproducing the content of the NOTICE file.
7. Disclaimer of Warranty. Unless required by applicable law or
agreed to in writing, Licensor provides the Work (and each
Contributor provides its Contributions) on an "AS IS" BASIS,
WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or
implied, including, without limitation, any warranties or conditions
of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A
PARTICULAR PURPOSE. You are solely responsible for determining the
appropriateness of using or redistributing the Work and assume any
risks associated with Your exercise of permissions under this License.
8. Limitation of Liability. In no event and under no legal theory,
whether in tort (including negligence), contract, or otherwise,
unless required by applicable law (such as deliberate and grossly
negligent acts) or agreed to in writing, shall any Contributor be
liable to You for damages, including any direct, indirect, special,
incidental, or consequential damages of any character arising as a
result of this License or out of the use or inability to use the
Work (including but not limited to damages for loss of goodwill,
work stoppage, computer failure or malfunction, or any and all
other commercial damages or losses), even if such Contributor
has been advised of the possibility of such damages.
9. Accepting Warranty or Additional Liability. While redistributing
the Work or Derivative Works thereof, You may choose to offer,
and charge a fee for, acceptance of support, warranty, indemnity,
or other liability obligations and/or rights consistent with this
License. However, in accepting such obligations, You may act only
on Your own behalf and on Your sole responsibility, not on behalf
of any other Contributor, and only if You agree to indemnify,
defend, and hold each Contributor harmless for any liability
incurred by, or claims asserted against, such Contributor by reason
of your accepting any such warranty or additional liability.
END OF TERMS AND CONDITIONS
APPENDIX: How to apply the Apache License to your work.
To apply the Apache License to your work, attach the following
boilerplate notice, with the fields enclosed by brackets "[]"
replaced with your own identifying information. (Don't include
the brackets!) The text should be enclosed in the appropriate
comment syntax for the file format. We also recommend that a
file or class name and description of purpose be included on the
same "printed page" as the copyright notice for easier
identification within third-party archives.
Copyright [yyyy] [name of copyright owner]
Licensed under the Apache License, Version 2.0 (the "License");
you may not use this file except in compliance with the License.
You may obtain a copy of the License at
http://www.apache.org/licenses/LICENSE-2.0
Unless required by applicable law or agreed to in writing, software
distributed under the License is distributed on an "AS IS" BASIS,
WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.
See the License for the specific language governing permissions and
limitations under the License.

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COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) Version 1.1
1. Definitions.
1.1. "Contributor" means each individual or entity that creates or
contributes to the creation of Modifications.
1.2. "Contributor Version" means the combination of the Original
Software, prior Modifications used by a Contributor (if any), and
the Modifications made by that particular Contributor.
1.3. "Covered Software" means (a) the Original Software, or (b)
Modifications, or (c) the combination of files containing Original
Software with files containing Modifications, in each case including
portions thereof.
1.4. "Executable" means the Covered Software in any form other than
Source Code.
1.5. "Initial Developer" means the individual or entity that first
makes Original Software available under this License.
1.6. "Larger Work" means a work which combines Covered Software or
portions thereof with code not governed by the terms of this License.
1.7. "License" means this document.
1.8. "Licensable" means having the right to grant, to the maximum
extent possible, whether at the time of the initial grant or
subsequently acquired, any and all of the rights conveyed herein.
1.9. "Modifications" means the Source Code and Executable form of
any of the following:
A. Any file that results from an addition to, deletion from or
modification of the contents of a file containing Original Software
or previous Modifications;
B. Any new file that contains any part of the Original Software or
previous Modification; or
C. Any new file that is contributed or otherwise made available
under the terms of this License.
1.10. "Original Software" means the Source Code and Executable form
of computer software code that is originally released under this
License.
1.11. "Patent Claims" means any patent claim(s), now owned or
hereafter acquired, including without limitation, method, process,
and apparatus claims, in any patent Licensable by grantor.
1.12. "Source Code" means (a) the common form of computer software
code in which modifications are made and (b) associated
documentation included in or with such code.
1.13. "You" (or "Your") means an individual or a legal entity
exercising rights under, and complying with all of the terms of,
this License. For legal entities, "You" includes any entity which
controls, is controlled by, or is under common control with You. For
purposes of this definition, "control" means (a) the power, direct
or indirect, to cause the direction or management of such entity,
whether by contract or otherwise, or (b) ownership of more than
fifty percent (50%) of the outstanding shares or beneficial
ownership of such entity.
2. License Grants.
2.1. The Initial Developer Grant.
Conditioned upon Your compliance with Section 3.1 below and subject
to third party intellectual property claims, the Initial Developer
hereby grants You a world-wide, royalty-free, non-exclusive license:
(a) under intellectual property rights (other than patent or
trademark) Licensable by Initial Developer, to use, reproduce,
modify, display, perform, sublicense and distribute the Original
Software (or portions thereof), with or without Modifications,
and/or as part of a Larger Work; and
(b) under Patent Claims infringed by the making, using or selling of
Original Software, to make, have made, use, practice, sell, and
offer for sale, and/or otherwise dispose of the Original Software
(or portions thereof).
(c) The licenses granted in Sections 2.1(a) and (b) are effective on
the date Initial Developer first distributes or otherwise makes the
Original Software available to a third party under the terms of this
License.
(d) Notwithstanding Section 2.1(b) above, no patent license is
granted: (1) for code that You delete from the Original Software, or
(2) for infringements caused by: (i) the modification of the
Original Software, or (ii) the combination of the Original Software
with other software or devices.
2.2. Contributor Grant.
Conditioned upon Your compliance with Section 3.1 below and subject
to third party intellectual property claims, each Contributor hereby
grants You a world-wide, royalty-free, non-exclusive license:
(a) under intellectual property rights (other than patent or
trademark) Licensable by Contributor to use, reproduce, modify,
display, perform, sublicense and distribute the Modifications
created by such Contributor (or portions thereof), either on an
unmodified basis, with other Modifications, as Covered Software
and/or as part of a Larger Work; and
(b) under Patent Claims infringed by the making, using, or selling
of Modifications made by that Contributor either alone and/or in
combination with its Contributor Version (or portions of such
combination), to make, use, sell, offer for sale, have made, and/or
otherwise dispose of: (1) Modifications made by that Contributor (or
portions thereof); and (2) the combination of Modifications made by
that Contributor with its Contributor Version (or portions of such
combination).
(c) The licenses granted in Sections 2.2(a) and 2.2(b) are effective
on the date Contributor first distributes or otherwise makes the
Modifications available to a third party.
(d) Notwithstanding Section 2.2(b) above, no patent license is
granted: (1) for any code that Contributor has deleted from the
Contributor Version; (2) for infringements caused by: (i) third
party modifications of Contributor Version, or (ii) the combination
of Modifications made by that Contributor with other software
(except as part of the Contributor Version) or other devices; or (3)
under Patent Claims infringed by Covered Software in the absence of
Modifications made by that Contributor.
3. Distribution Obligations.
3.1. Availability of Source Code.
Any Covered Software that You distribute or otherwise make available
in Executable form must also be made available in Source Code form
and that Source Code form must be distributed only under the terms
of this License. You must include a copy of this License with every
copy of the Source Code form of the Covered Software You distribute
or otherwise make available. You must inform recipients of any such
Covered Software in Executable form as to how they can obtain such
Covered Software in Source Code form in a reasonable manner on or
through a medium customarily used for software exchange.
3.2. Modifications.
The Modifications that You create or to which You contribute are
governed by the terms of this License. You represent that You
believe Your Modifications are Your original creation(s) and/or You
have sufficient rights to grant the rights conveyed by this License.
3.3. Required Notices.
You must include a notice in each of Your Modifications that
identifies You as the Contributor of the Modification. You may not
remove or alter any copyright, patent or trademark notices contained
within the Covered Software, or any notices of licensing or any
descriptive text giving attribution to any Contributor or the
Initial Developer.
3.4. Application of Additional Terms.
You may not offer or impose any terms on any Covered Software in
Source Code form that alters or restricts the applicable version of
this License or the recipients' rights hereunder. You may choose to
offer, and to charge a fee for, warranty, support, indemnity or
liability obligations to one or more recipients of Covered Software.
However, you may do so only on Your own behalf, and not on behalf of
the Initial Developer or any Contributor. You must make it
absolutely clear that any such warranty, support, indemnity or
liability obligation is offered by You alone, and You hereby agree
to indemnify the Initial Developer and every Contributor for any
liability incurred by the Initial Developer or such Contributor as a
result of warranty, support, indemnity or liability terms You offer.
3.5. Distribution of Executable Versions.
You may distribute the Executable form of the Covered Software under
the terms of this License or under the terms of a license of Your
choice, which may contain terms different from this License,
provided that You are in compliance with the terms of this License
and that the license for the Executable form does not attempt to
limit or alter the recipient's rights in the Source Code form from
the rights set forth in this License. If You distribute the Covered
Software in Executable form under a different license, You must make
it absolutely clear that any terms which differ from this License
are offered by You alone, not by the Initial Developer or
Contributor. You hereby agree to indemnify the Initial Developer and
every Contributor for any liability incurred by the Initial
Developer or such Contributor as a result of any such terms You offer.
3.6. Larger Works.
You may create a Larger Work by combining Covered Software with
other code not governed by the terms of this License and distribute
the Larger Work as a single product. In such a case, You must make
sure the requirements of this License are fulfilled for the Covered
Software.
4. Versions of the License.
4.1. New Versions.
Oracle is the initial license steward and may publish revised and/or
new versions of this License from time to time. Each version will be
given a distinguishing version number. Except as provided in Section
4.3, no one other than the license steward has the right to modify
this License.
4.2. Effect of New Versions.
You may always continue to use, distribute or otherwise make the
Covered Software available under the terms of the version of the
License under which You originally received the Covered Software. If
the Initial Developer includes a notice in the Original Software
prohibiting it from being distributed or otherwise made available
under any subsequent version of the License, You must distribute and
make the Covered Software available under the terms of the version
of the License under which You originally received the Covered
Software. Otherwise, You may also choose to use, distribute or
otherwise make the Covered Software available under the terms of any
subsequent version of the License published by the license steward.
4.3. Modified Versions.
When You are an Initial Developer and You want to create a new
license for Your Original Software, You may create and use a
modified version of this License if You: (a) rename the license and
remove any references to the name of the license steward (except to
note that the license differs from this License); and (b) otherwise
make it clear that the license contains terms which differ from this
License.
5. DISCLAIMER OF WARRANTY.
COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS,
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE
IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR
NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF
THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY COVERED SOFTWARE PROVE
DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY
OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING,
REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN
ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED SOFTWARE IS
AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
6. TERMINATION.
6.1. This License and the rights granted hereunder will terminate
automatically if You fail to comply with terms herein and fail to
cure such breach within 30 days of becoming aware of the breach.
Provisions which, by their nature, must remain in effect beyond the
termination of this License shall survive.
6.2. If You assert a patent infringement claim (excluding
declaratory judgment actions) against Initial Developer or a
Contributor (the Initial Developer or Contributor against whom You
assert such claim is referred to as "Participant") alleging that the
Participant Software (meaning the Contributor Version where the
Participant is a Contributor or the Original Software where the
Participant is the Initial Developer) directly or indirectly
infringes any patent, then any and all rights granted directly or
indirectly to You by such Participant, the Initial Developer (if the
Initial Developer is not the Participant) and all Contributors under
Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice
from Participant terminate prospectively and automatically at the
expiration of such 60 day notice period, unless if within such 60
day period You withdraw Your claim with respect to the Participant
Software against such Participant either unilaterally or pursuant to
a written agreement with Participant.
6.3. If You assert a patent infringement claim against Participant
alleging that the Participant Software directly or indirectly
infringes any patent where such claim is resolved (such as by
license or settlement) prior to the initiation of patent
infringement litigation, then the reasonable value of the licenses
granted by such Participant under Sections 2.1 or 2.2 shall be taken
into account in determining the amount or value of any payment or
license.
6.4. In the event of termination under Sections 6.1 or 6.2 above,
all end user licenses that have been validly granted by You or any
distributor hereunder prior to termination (excluding licenses
granted to You by any distributor) shall survive termination.
7. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE
INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF
COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE
TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER
FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR
LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE
POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT
APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH
PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH
LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION
AND LIMITATION MAY NOT APPLY TO YOU.
8. U.S. GOVERNMENT END USERS.
The Covered Software is a "commercial item," as that term is defined
in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer
software" (as that term is defined at 48 C.F.R. §
252.227-7014(a)(1)) and "commercial computer software documentation"
as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent
with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4
(June 1995), all U.S. Government End Users acquire Covered Software
with only those rights set forth herein. This U.S. Government Rights
clause is in lieu of, and supersedes, any other FAR, DFAR, or other
clause or provision that addresses Government rights in computer
software under this License.
9. MISCELLANEOUS.
This License represents the complete agreement concerning subject
matter hereof. If any provision of this License is held to be
unenforceable, such provision shall be reformed only to the extent
necessary to make it enforceable. This License shall be governed by
the law of the jurisdiction specified in a notice contained within
the Original Software (except to the extent applicable law, if any,
provides otherwise), excluding such jurisdiction's conflict-of-law
provisions. Any litigation relating to this License shall be subject
to the jurisdiction of the courts located in the jurisdiction and
venue specified in a notice contained within the Original Software,
with the losing party responsible for costs, including, without
limitation, court costs and reasonable attorneys' fees and expenses.
The application of the United Nations Convention on Contracts for
the International Sale of Goods is expressly excluded. Any law or
regulation which provides that the language of a contract shall be
construed against the drafter shall not apply to this License. You
agree that You alone are responsible for compliance with the United
States export administration regulations (and the export control
laws and regulation of any other countries) when You use, distribute
or otherwise make available any Covered Software.
10. RESPONSIBILITY FOR CLAIMS.
As between Initial Developer and the Contributors, each party is
responsible for claims and damages arising, directly or indirectly,
out of its utilization of rights under this License and You agree to
work with Initial Developer and Contributors to distribute such
responsibility on an equitable basis. Nothing herein is intended or
shall be deemed to constitute any admission of liability.
------------------------------------------------------------------------
NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND DISTRIBUTION
LICENSE (CDDL)
The code released under the CDDL shall be governed by the laws of the
State of California (excluding conflict-of-law provisions). Any
litigation relating to this License shall be subject to the jurisdiction
of the Federal Courts of the Northern District of California and the
state courts of the State of California, with venue lying in Santa Clara
County, California.
The GNU General Public License (GPL) Version 2, June 1991
Copyright (C) 1989, 1991 Free Software Foundation, Inc.
51 Franklin Street, Fifth Floor
Boston, MA 02110-1335
USA
Everyone is permitted to copy and distribute verbatim copies
of this license document, but changing it is not allowed.
Preamble
The licenses for most software are designed to take away your freedom to
share and change it. By contrast, the GNU General Public License is
intended to guarantee your freedom to share and change free software--to
make sure the software is free for all its users. This General Public
License applies to most of the Free Software Foundation's software and
to any other program whose authors commit to using it. (Some other Free
Software Foundation software is covered by the GNU Library General
Public License instead.) You can apply it to your programs, too.
When we speak of free software, we are referring to freedom, not price.
Our General Public Licenses are designed to make sure that you have the
freedom to distribute copies of free software (and charge for this
service if you wish), that you receive source code or can get it if you
want it, that you can change the software or use pieces of it in new
free programs; and that you know you can do these things.
To protect your rights, we need to make restrictions that forbid anyone
to deny you these rights or to ask you to surrender the rights. These
restrictions translate to certain responsibilities for you if you
distribute copies of the software, or if you modify it.
For example, if you distribute copies of such a program, whether gratis
or for a fee, you must give the recipients all the rights that you have.
You must make sure that they, too, receive or can get the source code.
And you must show them these terms so they know their rights.
We protect your rights with two steps: (1) copyright the software, and
(2) offer you this license which gives you legal permission to copy,
distribute and/or modify the software.
Also, for each author's protection and ours, we want to make certain
that everyone understands that there is no warranty for this free
software. If the software is modified by someone else and passed on, we
want its recipients to know that what they have is not the original, so
that any problems introduced by others will not reflect on the original
authors' reputations.
Finally, any free program is threatened constantly by software patents.
We wish to avoid the danger that redistributors of a free program will
individually obtain patent licenses, in effect making the program
proprietary. To prevent this, we have made it clear that any patent must
be licensed for everyone's free use or not licensed at all.
The precise terms and conditions for copying, distribution and
modification follow.
TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
0. This License applies to any program or other work which contains a
notice placed by the copyright holder saying it may be distributed under
the terms of this General Public License. The "Program", below, refers
to any such program or work, and a "work based on the Program" means
either the Program or any derivative work under copyright law: that is
to say, a work containing the Program or a portion of it, either
verbatim or with modifications and/or translated into another language.
(Hereinafter, translation is included without limitation in the term
"modification".) Each licensee is addressed as "you".
Activities other than copying, distribution and modification are not
covered by this License; they are outside its scope. The act of running
the Program is not restricted, and the output from the Program is
covered only if its contents constitute a work based on the Program
(independent of having been made by running the Program). Whether that
is true depends on what the Program does.
1. You may copy and distribute verbatim copies of the Program's source
code as you receive it, in any medium, provided that you conspicuously
and appropriately publish on each copy an appropriate copyright notice
and disclaimer of warranty; keep intact all the notices that refer to
this License and to the absence of any warranty; and give any other
recipients of the Program a copy of this License along with the Program.
You may charge a fee for the physical act of transferring a copy, and
you may at your option offer warranty protection in exchange for a fee.
2. You may modify your copy or copies of the Program or any portion of
it, thus forming a work based on the Program, and copy and distribute
such modifications or work under the terms of Section 1 above, provided
that you also meet all of these conditions:
a) You must cause the modified files to carry prominent notices
stating that you changed the files and the date of any change.
b) You must cause any work that you distribute or publish, that in
whole or in part contains or is derived from the Program or any part
thereof, to be licensed as a whole at no charge to all third parties
under the terms of this License.
c) If the modified program normally reads commands interactively
when run, you must cause it, when started running for such
interactive use in the most ordinary way, to print or display an
announcement including an appropriate copyright notice and a notice
that there is no warranty (or else, saying that you provide a
warranty) and that users may redistribute the program under these
conditions, and telling the user how to view a copy of this License.
(Exception: if the Program itself is interactive but does not
normally print such an announcement, your work based on the Program
is not required to print an announcement.)
These requirements apply to the modified work as a whole. If
identifiable sections of that work are not derived from the Program, and
can be reasonably considered independent and separate works in
themselves, then this License, and its terms, do not apply to those
sections when you distribute them as separate works. But when you
distribute the same sections as part of a whole which is a work based on
the Program, the distribution of the whole must be on the terms of this
License, whose permissions for other licensees extend to the entire
whole, and thus to each and every part regardless of who wrote it.
Thus, it is not the intent of this section to claim rights or contest
your rights to work written entirely by you; rather, the intent is to
exercise the right to control the distribution of derivative or
collective works based on the Program.
In addition, mere aggregation of another work not based on the Program
with the Program (or with a work based on the Program) on a volume of a
storage or distribution medium does not bring the other work under the
scope of this License.
3. You may copy and distribute the Program (or a work based on it,
under Section 2) in object code or executable form under the terms of
Sections 1 and 2 above provided that you also do one of the following:
a) Accompany it with the complete corresponding machine-readable
source code, which must be distributed under the terms of Sections 1
and 2 above on a medium customarily used for software interchange; or,
b) Accompany it with a written offer, valid for at least three
years, to give any third party, for a charge no more than your cost
of physically performing source distribution, a complete
machine-readable copy of the corresponding source code, to be
distributed under the terms of Sections 1 and 2 above on a medium
customarily used for software interchange; or,
c) Accompany it with the information you received as to the offer to
distribute corresponding source code. (This alternative is allowed
only for noncommercial distribution and only if you received the
program in object code or executable form with such an offer, in
accord with Subsection b above.)
The source code for a work means the preferred form of the work for
making modifications to it. For an executable work, complete source code
means all the source code for all modules it contains, plus any
associated interface definition files, plus the scripts used to control
compilation and installation of the executable. However, as a special
exception, the source code distributed need not include anything that is
normally distributed (in either source or binary form) with the major
components (compiler, kernel, and so on) of the operating system on
which the executable runs, unless that component itself accompanies the
executable.
If distribution of executable or object code is made by offering access
to copy from a designated place, then offering equivalent access to copy
the source code from the same place counts as distribution of the source
code, even though third parties are not compelled to copy the source
along with the object code.
4. You may not copy, modify, sublicense, or distribute the Program
except as expressly provided under this License. Any attempt otherwise
to copy, modify, sublicense or distribute the Program is void, and will
automatically terminate your rights under this License. However, parties
who have received copies, or rights, from you under this License will
not have their licenses terminated so long as such parties remain in
full compliance.
5. You are not required to accept this License, since you have not
signed it. However, nothing else grants you permission to modify or
distribute the Program or its derivative works. These actions are
prohibited by law if you do not accept this License. Therefore, by
modifying or distributing the Program (or any work based on the
Program), you indicate your acceptance of this License to do so, and all
its terms and conditions for copying, distributing or modifying the
Program or works based on it.
6. Each time you redistribute the Program (or any work based on the
Program), the recipient automatically receives a license from the
original licensor to copy, distribute or modify the Program subject to
these terms and conditions. You may not impose any further restrictions
on the recipients' exercise of the rights granted herein. You are not
responsible for enforcing compliance by third parties to this License.
7. If, as a consequence of a court judgment or allegation of patent
infringement or for any other reason (not limited to patent issues),
conditions are imposed on you (whether by court order, agreement or
otherwise) that contradict the conditions of this License, they do not
excuse you from the conditions of this License. If you cannot distribute
so as to satisfy simultaneously your obligations under this License and
any other pertinent obligations, then as a consequence you may not
distribute the Program at all. For example, if a patent license would
not permit royalty-free redistribution of the Program by all those who
receive copies directly or indirectly through you, then the only way you
could satisfy both it and this License would be to refrain entirely from
distribution of the Program.
If any portion of this section is held invalid or unenforceable under
any particular circumstance, the balance of the section is intended to
apply and the section as a whole is intended to apply in other
circumstances.
It is not the purpose of this section to induce you to infringe any
patents or other property right claims or to contest validity of any
such claims; this section has the sole purpose of protecting the
integrity of the free software distribution system, which is implemented
by public license practices. Many people have made generous
contributions to the wide range of software distributed through that
system in reliance on consistent application of that system; it is up to
the author/donor to decide if he or she is willing to distribute
software through any other system and a licensee cannot impose that choice.
This section is intended to make thoroughly clear what is believed to be
a consequence of the rest of this License.
8. If the distribution and/or use of the Program is restricted in
certain countries either by patents or by copyrighted interfaces, the
original copyright holder who places the Program under this License may
add an explicit geographical distribution limitation excluding those
countries, so that distribution is permitted only in or among countries
not thus excluded. In such case, this License incorporates the
limitation as if written in the body of this License.
9. The Free Software Foundation may publish revised and/or new
versions of the General Public License from time to time. Such new
versions will be similar in spirit to the present version, but may
differ in detail to address new problems or concerns.
Each version is given a distinguishing version number. If the Program
specifies a version number of this License which applies to it and "any
later version", you have the option of following the terms and
conditions either of that version or of any later version published by
the Free Software Foundation. If the Program does not specify a version
number of this License, you may choose any version ever published by the
Free Software Foundation.
10. If you wish to incorporate parts of the Program into other free
programs whose distribution conditions are different, write to the
author to ask for permission. For software which is copyrighted by the
Free Software Foundation, write to the Free Software Foundation; we
sometimes make exceptions for this. Our decision will be guided by the
two goals of preserving the free status of all derivatives of our free
software and of promoting the sharing and reuse of software generally.
NO WARRANTY
11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO
WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW.
EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR
OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE
ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH
YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL
NECESSARY SERVICING, REPAIR OR CORRECTION.
12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN
WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY
AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR
DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM
(INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED
INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF
THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR
OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
END OF TERMS AND CONDITIONS
How to Apply These Terms to Your New Programs
If you develop a new program, and you want it to be of the greatest
possible use to the public, the best way to achieve this is to make it
free software which everyone can redistribute and change under these terms.
To do so, attach the following notices to the program. It is safest to
attach them to the start of each source file to most effectively convey
the exclusion of warranty; and each file should have at least the
"copyright" line and a pointer to where the full notice is found.
One line to give the program's name and a brief idea of what it does.
Copyright (C) <year> <name of author>
This program is free software; you can redistribute it and/or modify
it under the terms of the GNU General Public License as published by
the Free Software Foundation; either version 2 of the License, or
(at your option) any later version.
This program is distributed in the hope that it will be useful, but
WITHOUT ANY WARRANTY; without even the implied warranty of
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU
General Public License for more details.
You should have received a copy of the GNU General Public License
along with this program; if not, write to the Free Software
Foundation, Inc., 51 Franklin Street, Fifth Floor, Boston, MA 02110-1335 USA
Also add information on how to contact you by electronic and paper mail.
If the program is interactive, make it output a short notice like this
when it starts in an interactive mode:
Gnomovision version 69, Copyright (C) year name of author
Gnomovision comes with ABSOLUTELY NO WARRANTY; for details type
`show w'. This is free software, and you are welcome to redistribute
it under certain conditions; type `show c' for details.
The hypothetical commands `show w' and `show c' should show the
appropriate parts of the General Public License. Of course, the commands
you use may be called something other than `show w' and `show c'; they
could even be mouse-clicks or menu items--whatever suits your program.
You should also get your employer (if you work as a programmer) or your
school, if any, to sign a "copyright disclaimer" for the program, if
necessary. Here is a sample; alter the names:
Yoyodyne, Inc., hereby disclaims all copyright interest in the
program `Gnomovision' (which makes passes at compilers) written by
James Hacker.
signature of Ty Coon, 1 April 1989
Ty Coon, President of Vice
This General Public License does not permit incorporating your program
into proprietary programs. If your program is a subroutine library, you
may consider it more useful to permit linking proprietary applications
with the library. If this is what you want to do, use the GNU Library
General Public License instead of this License.
#
Certain source files distributed by Oracle America, Inc. and/or its
affiliates are subject to the following clarification and special
exception to the GPLv2, based on the GNU Project exception for its
Classpath libraries, known as the GNU Classpath Exception, but only
where Oracle has expressly included in the particular source file's
header the words "Oracle designates this particular file as subject to
the "Classpath" exception as provided by Oracle in the LICENSE file
that accompanied this code."
You should also note that Oracle includes multiple, independent
programs in this software package. Some of those programs are provided
under licenses deemed incompatible with the GPLv2 by the Free Software
Foundation and others. For example, the package includes programs
licensed under the Apache License, Version 2.0. Such programs are
licensed to you under their original licenses.
Oracle facilitates your further distribution of this package by adding
the Classpath Exception to the necessary parts of its GPLv2 code, which
permits you to use that code in combination with other independent
modules not licensed under the GPLv2. However, note that this would
not permit you to commingle code under an incompatible license with
Oracle's GPLv2 licensed code by, for example, cutting and pasting such
code into a file also containing Oracle's GPLv2 licensed code and then
distributing the result. Additionally, if you were to remove the
Classpath Exception from any of the files to which it applies and
distribute the result, you would likely be required to license some or
all of the other code in that distribution under the GPLv2 as well, and
since the GPLv2 is incompatible with the license terms of some items
included in the distribution by Oracle, removing the Classpath
Exception could therefore effectively compromise your ability to
further distribute the package.
Proceed with caution and we recommend that you obtain the advice of a
lawyer skilled in open source matters before removing the Classpath
Exception or making modifications to this package which may
subsequently be redistributed and/or involve the use of third party
software.
CLASSPATH EXCEPTION
Linking this library statically or dynamically with other modules is
making a combined work based on this library. Thus, the terms and
conditions of the GNU General Public License version 2 cover the whole
combination.
As a special exception, the copyright holders of this library give you
permission to link this library with independent modules to produce an
executable, regardless of the license terms of these independent
modules, and to copy and distribute the resulting executable under
terms of your choice, provided that you also meet, for each linked
independent module, the terms and conditions of the license of that
module. An independent module is a module which is not derived from or
based on this library. If you modify this library, you may extend this
exception to your version of the library, but you are not obligated to
do so. If you do not wish to do so, delete this exception statement
from your version.

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You may use under either the Apache License Version 2.0 or the BSD
3-Clause License.
------------------------------------------------------------------
Apache License
Version 2.0, January 2004
http://www.apache.org/licenses/
TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
1. Definitions.
"License" shall mean the terms and conditions for use, reproduction,
and distribution as defined by Sections 1 through 9 of this document.
"Licensor" shall mean the copyright owner or entity authorized by
the copyright owner that is granting the License.
"Legal Entity" shall mean the union of the acting entity and all
other entities that control, are controlled by, or are under common
control with that entity. For the purposes of this definition,
"control" means (i) the power, direct or indirect, to cause the
direction or management of such entity, whether by contract or
otherwise, or (ii) ownership of fifty percent (50%) or more of the
outstanding shares, or (iii) beneficial ownership of such entity.
"You" (or "Your") shall mean an individual or Legal Entity
exercising permissions granted by this License.
"Source" form shall mean the preferred form for making modifications,
including but not limited to software source code, documentation
source, and configuration files.
"Object" form shall mean any form resulting from mechanical
transformation or translation of a Source form, including but
not limited to compiled object code, generated documentation,
and conversions to other media types.
"Work" shall mean the work of authorship, whether in Source or
Object form, made available under the License, as indicated by a
copyright notice that is included in or attached to the work
(an example is provided in the Appendix below).
"Derivative Works" shall mean any work, whether in Source or Object
form, that is based on (or derived from) the Work and for which the
editorial revisions, annotations, elaborations, or other modifications
represent, as a whole, an original work of authorship. For the purposes
of this License, Derivative Works shall not include works that remain
separable from, or merely link (or bind by name) to the interfaces of,
the Work and Derivative Works thereof.
"Contribution" shall mean any work of authorship, including
the original version of the Work and any modifications or additions
to that Work or Derivative Works thereof, that is intentionally
submitted to Licensor for inclusion in the Work by the copyright owner
or by an individual or Legal Entity authorized to submit on behalf of
the copyright owner. For the purposes of this definition, "submitted"
means any form of electronic, verbal, or written communication sent
to the Licensor or its representatives, including but not limited to
communication on electronic mailing lists, source code control systems,
and issue tracking systems that are managed by, or on behalf of, the
Licensor for the purpose of discussing and improving the Work, but
excluding communication that is conspicuously marked or otherwise
designated in writing by the copyright owner as "Not a Contribution."
"Contributor" shall mean Licensor and any individual or Legal Entity
on behalf of whom a Contribution has been received by Licensor and
subsequently incorporated within the Work.
2. Grant of Copyright License. Subject to the terms and conditions of
this License, each Contributor hereby grants to You a perpetual,
worldwide, non-exclusive, no-charge, royalty-free, irrevocable
copyright license to reproduce, prepare Derivative Works of,
publicly display, publicly perform, sublicense, and distribute the
Work and such Derivative Works in Source or Object form.
3. Grant of Patent License. Subject to the terms and conditions of
this License, each Contributor hereby grants to You a perpetual,
worldwide, non-exclusive, no-charge, royalty-free, irrevocable
(except as stated in this section) patent license to make, have made,
use, offer to sell, sell, import, and otherwise transfer the Work,
where such license applies only to those patent claims licensable
by such Contributor that are necessarily infringed by their
Contribution(s) alone or by combination of their Contribution(s)
with the Work to which such Contribution(s) was submitted. If You
institute patent litigation against any entity (including a
cross-claim or counterclaim in a lawsuit) alleging that the Work
or a Contribution incorporated within the Work constitutes direct
or contributory patent infringement, then any patent licenses
granted to You under this License for that Work shall terminate
as of the date such litigation is filed.
4. Redistribution. You may reproduce and distribute copies of the
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(a) You must give any other recipients of the Work or
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stating that You changed the files; and
(c) You must retain, in the Source form of any Derivative Works
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(d) If the Work includes a "NOTICE" text file as part of its
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You may add Your own copyright statement to Your modifications and
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for use, reproduction, or distribution of Your modifications, or
for any such Derivative Works as a whole, provided Your use,
reproduction, and distribution of the Work otherwise complies with
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5. Submission of Contributions. Unless You explicitly state otherwise,
any Contribution intentionally submitted for inclusion in the Work
by You to the Licensor shall be under the terms and conditions of
this License, without any additional terms or conditions.
Notwithstanding the above, nothing herein shall supersede or modify
the terms of any separate license agreement you may have executed
with Licensor regarding such Contributions.
6. Trademarks. This License does not grant permission to use the trade
names, trademarks, service marks, or product names of the Licensor,
except as required for reasonable and customary use in describing the
origin of the Work and reproducing the content of the NOTICE file.
7. Disclaimer of Warranty. Unless required by applicable law or
agreed to in writing, Licensor provides the Work (and each
Contributor provides its Contributions) on an "AS IS" BASIS,
WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or
implied, including, without limitation, any warranties or conditions
of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A
PARTICULAR PURPOSE. You are solely responsible for determining the
appropriateness of using or redistributing the Work and assume any
risks associated with Your exercise of permissions under this License.
8. Limitation of Liability. In no event and under no legal theory,
whether in tort (including negligence), contract, or otherwise,
unless required by applicable law (such as deliberate and grossly
negligent acts) or agreed to in writing, shall any Contributor be
liable to You for damages, including any direct, indirect, special,
incidental, or consequential damages of any character arising as a
result of this License or out of the use or inability to use the
Work (including but not limited to damages for loss of goodwill,
work stoppage, computer failure or malfunction, or any and all
other commercial damages or losses), even if such Contributor
has been advised of the possibility of such damages.
9. Accepting Warranty or Additional Liability. While redistributing
the Work or Derivative Works thereof, You may choose to offer,
and charge a fee for, acceptance of support, warranty, indemnity,
or other liability obligations and/or rights consistent with this
License. However, in accepting such obligations, You may act only
on Your own behalf and on Your sole responsibility, not on behalf
of any other Contributor, and only if You agree to indemnify,
defend, and hold each Contributor harmless for any liability
incurred by, or claims asserted against, such Contributor by reason
of your accepting any such warranty or additional liability.
END OF TERMS AND CONDITIONS
APPENDIX: How to apply the Apache License to your work.
To apply the Apache License to your work, attach the following
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------------------------------------------------------------------
Copyright (c) 2011, Mike Samuel
All rights reserved.
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notice, this list of conditions and the following disclaimer in the
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THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
"AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
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A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT
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LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,
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COMMERCIAL SOFTWARE END USER LICENSE AGREEMENT
READ THIS COMMERCIAL SOFTWARE END USER LICENSE AGREEMENT CAREFULLY, WHICH CONSTITUTES A LEGALLY BINDING AGREEMENT AND GOVERNS YOUR USE OF ELASTIC’S PROPRIETARY SOFTWARE. BY INSTALLING AND/OR USING SUCH SOFTWARE, YOU ARE INDICATING THAT YOU AGREE TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. IF YOU DO NOT AGREE WITH SUCH TERMS AND CONDITIONS, YOU MAY NOT INSTALL OR USE ANY OF THE SOFTWARE. IF YOU ARE INSTALLING OR USING THE SOFTWARE ON BEHALF OF YOUR EMPLOYER OR ANOTHER ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE ACTUAL AUTHORITY TO AGREE TO THE TERMS AND CONDITIONS ON BEHALF OF SUCH EMPLOYER OR OTHER ENTITY.
This COMMERCIAL SOFTWARE END USER LICENSE AGREEMENT (this “Agreement") is entered into by and between the applicable Elastic entity referenced in Attachment 1 hereto (“Elastic”) and the person, or entity on behalf of whom you are acting, as applicable (“You” or “Customer”) that has downloaded any of Elastic’s proprietary software to which this Agreement is attached or in connection with which this Agreement is presented to You (collectively, the “Software”). This Agreement is effective upon the earliest date of the commencement of any License granted pursuant to Section 1.1. below (as applicable, the “Effective Date”).
1. SOFTWARE LICENSE AND RESTRICTIONS
1.1 License Grants.
(a) Trial Version License. Subject to the terms and conditions of this Agreement, Elastic agrees to grant, and does hereby grant to You, for a period of thirty (30) days from the date on which You first install the Software (the “Trial Term”), a License to use the Eligible Features and Functions of the Software that are applicable to the Trial Version of the Software.   You understand and agree that upon the expiration of a Trial Term, You will no longer be able to use the Software, unless you either (i) purchase a Subscription, in which case You will receive a License under Section 1.1(b) below to use the Eligible Features and Functions of the Software that are applicable to the Subscription level that You purchase, (ii) complete the Registration of Your use of the Software with Elastic, in which case, if available, You will receive a License under Section 1.1(c) below to the Basic Version of the Software or (iii) obtain from Elastic written consent (e-mail sufficient) to extend the Trial Term, which may be granted by Elastic in its sole and absolute discretion.
(b) Subscription License. If you enter into a Subscription Agreement with Elastic, then, subject to the terms and conditions of this Agreement and complete payment of any and all applicable Subscription fees, Elastic agrees to grant, and does hereby grant to You during the applicable Subscription Term, and for the restricted scope of this Agreement, a License to use the Eligible Features and Functions of the Software that are applicable to the Subscription level that You have purchased, for the number of Nodes and for the specific Project for which you have purchased a Subscription. The level of Subscription, the number of Nodes and specific Project for which you have purchased such Subscription, are set forth on the applicable ordering document entered into by Elastic and You for the purchase of the applicable Subscription (“Order Form”).
(c) Basic Version License. Subject to the terms and conditions of this Agreement, the availability of such a License for the applicable Software and any applicable limitation on the number of Nodes, and in consideration of the Registration of Your use the Software, Elastic agrees to grant, and does hereby grant to You, for a period of one (1) year from the date of Registration, a License to use the Eligible Features and Functions of the Software that are applicable to the Basic Version of the Software. The foregoing license may be renewed annually upon the mutual agreement of the parties.
1.2 Reservation of Rights; Restrictions. As between Elastic and You, Elastic owns all right title and interest in and to the Software and any derivative works thereof, and except as expressly set forth in Section 1.1 above, no other license to the Software is granted to You by implication, estoppel or otherwise. You agree not to: (i) reverse engineer or decompile, decrypt, disassemble or otherwise reduce any Software or any portion thereof to human-readable form, except and only to the extent any such restriction is prohibited by applicable law, (ii) deploy the Software on more Nodes than are permitted under the applicable License grant in Section 1.1 above, (iii) where You have purchased a Subscription, use the Software in connection with any Project other than the Project for which You have purchased such Subscription, as identified on the applicable Order Form, (iv) prepare derivative works from, modify, copy or use the Software in any manner except as expressly permitted in this Agreement; (v) except as expressly permitted in Section 1.1 above, transfer, sell, rent, lease, distribute, sublicense, loan or otherwise transfer the Software in whole or in part to any third party; (vi) except as may be expressly permitted on an applicable Order Form or in another agreement between the parties, use the Software for providing time-sharing services, any software-as-a-service offering (“SaaS”), service bureau services or as part of an application services provider or other service offering; (vii) circumvent the limitations on use of the Software that are imposed or preserved by any License Key, (viii) alter or remove any Marks and Notices in the Software; (ix) deploy the Commercial Software on or in connection with any third party infrastructure as a service that includes any Elastic-branded software as a service; or (x) make available to any third party any analysis of the results of operation of the Software, including benchmarking results, without the prior written consent of Elastic. The Software may contain or be provided with open source libraries, components, utilities and other open source software (collectively, “Open Source Software”), which Open Source Software may have applicable license terms as identified on a website designated by Elastic or otherwise provided with the Software or Documentation. Notwithstanding anything to the contrary herein, use of the Open Source Software shall be subject to the license terms and conditions applicable to such Open Source Software, to the extent required by the applicable licensor (which terms shall not restrict the license rights granted to You hereunder, but may contain additional rights).
1.3 Audit Rights. You agree that, unless such right is waived in writing by Elastic, Elastic shall have the right, upon fifteen (15) days’ notice to You, to audit Your use of the Software for compliance with any limitations on Your use of the Software that are set forth herein. You agree to provide Elastic with the necessary access to the Software to conduct such an audit either (i) remotely, or (ii) if remote performance is not possible, at Your facilities, during normal business hours and no more than one (1) time in any twelve (12) month period. In the event any such audit reveals that You have used the Software in excess of the applicable quantitative limitations, You agree to promptly pay to Elastic an amount equal to the difference between the fees actually paid and the fees that You should have paid to remain in compliance with such quantitative limitations. This Section 1.3 shall survive for a period of two (2) years from the termination or expiration of this Agreement.
1.4 Cluster Metadata. You understand and agree that once deployed, and on a daily basis, the Software may provide metadata to Elastic about Your cluster statistics and associates that metadata with Your IP address. However, no other information is provided to Elastic by the Software, including any information about the data You process or store in connection with Your use of the Software. Instructions for disabling this feature are contained in the Software, however leaving this feature active enables Elastic to gather cluster statistics and provide an improved level of support to You.
2. TERM AND TERMINATION
2.1 Term. Unless earlier terminated under Section 2.2 below, this Agreement shall commence on the Effective Date, and shall continue in force for the term of the last to expire applicable license set forth in Section 1.1 above.
2.2 Termination. Either party may, upon written notice to the other party, terminate this Agreement for material breach by the other party automatically and without any other formality, if such party has failed to cure such material breach within thirty (30) days of receiving written notice of such material breach from the non-breaching party. Notwithstanding the foregoing, this Agreement shall automatically terminate in the event that You intentionally breach the scope of a license granted in Section 1.1 of this Agreement, provided that Elastic reserves the right to retroactively waive such automatic termination upon written notice to You.
2.3 Post Termination or Expiration. Upon termination or expiration of this Agreement, for any reason, You shall promptly cease the use of the Software and Documentation and destroy (and certify to Elastic in writing the fact of such destruction), or return to Elastic, all copies of the Software and Documentation then in Your possession or under Your control.
2.4 Survival. Sections 2.3, 2.4, 3, 4, 5 and 6 (as any such Sections may be modified by Attachment 1, if applicable) shall survive any termination or expiration of this Agreement.
3. LIMITED WARRANTY AND DISCLAIMER OF WARRANTIES
3.1 Limited Performance Warranty. Subject to You purchasing a Subscription, Elastic warrants that during the applicable Subscription Term, the Software will perform in all material respects in accordance with the Documentation. In the event of a breach of the foregoing warranty, Elastic’s sole obligation, and Your exclusive remedy shall be for Elastic to (i) correct any failure(s) of the Software to perform in all material respects in accordance with the Documentation or (ii) if Elastic is unable to provide such a correction within thirty (30) days of receipt of notice of the applicable non-conformity, You may elect to terminate this Agreement and the associated Subscription, and Elastic will promptly refund to You any pre-paid, unused fees paid by You to Elastic for the applicable Subscription. The warranty set forth in this Section 3.1 does not apply if the applicable Software or any portion thereof: (a) has been altered, except by or on behalf Elastic; (b) has not been used, installed, operated, repaired, or maintained in accordance with this Agreement and/or the Documentation; (c) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident; or (d) is used on equipment, products, or systems not meeting specifications identified by Elastic in the Documentation. Additionally, the warranties set forth herein only apply when notice of a warranty claim is provided to Elastic within the applicable warranty period specified herein and do not apply to any bug, defect or error caused by or attributable to software or hardware not supplied by Elastic.
3.2 Malicious Code. Elastic represents and warrants that prior to making it available for delivery to You, Elastic will use standard industry practices including, without limitation, the use of an updated commercial anti-virus program, to test the Software for Malicious Code and remove any Malicious Code it discovers. In the event of a breach of the foregoing warranty, Elastic’s sole obligation, and Your exclusive remedy shall be for Elastic to replace the Software with Software that does not contain any Malicious Code.
3.3 Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 3, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, AND ELASTIC AND ITS LICENSORS MAKE NO WARRANTIES WHETHER EXPRESSED, IMPLIED OR STATUTORY REGARDING OR RELATING TO THE SOFTWARE OR DOCUMENTATION. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ELASTIC AND ITS LICENSORS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE AND DOCUMENTATION, AND WITH RESPECT TO THE USE OF THE FOREGOING. FURTHER, ELASTIC DOES NOT WARRANT RESULTS OF USE OR THAT THE SOFTWARE WILL BE ERROR FREE OR THAT THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED.
4. LIMITATION OF LIABILITY
The provisions of this Section 4, including to the extent modified by an applicable provision in Attachment 1 hereto, apply if You have not purchased a Subscription. If you have purchased a Subscription, then the limitations of liability set forth in the applicable Subscription Agreement will apply in lieu of those set forth in this Section 4, including to the extent modified by an applicable provision in Attachment 1 hereto.
4.1 Disclaimer of Certain Damages. IN NO EVENT SHALL YOU OR ELASTIC OR ITS LICENSORS BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, COST OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, OR THE PERFORMANCE OF OR FAILURE TO PERFORM THIS AGREEMENT, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN IF THE RESPONSIBLE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 4.1 SHALL NOT APPLY TO A BREACH THROUGH GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT BY YOU OF THE SCOPE OF THE LICENSE GRANTED IN SECTION 1.1 OR TO ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
4.2 Damages Cap. IN NO EVENT SHALL ELASTIC’S OR ITS LICENSORS’ AGGREGATE, CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED ONE THOUSAND DOLLARS ($1,000).
4.3 YOU AGREE THAT THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS ARE A REASONABLE ALLOCATION OF THE RISK BETWEEN THE PARTIES AND WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS IN ITS ESSENTIAL PURPOSE.
5. MISCELLANEOUS
This Agreement, including Attachment 1 hereto, which is hereby incorporated herein by this reference, as well as any applicable Order Form and Subscription Agreement, completely and exclusively state the entire agreement of the parties regarding the subject matter herein, and it supersedes, and its terms govern, all prior proposals, agreements, or other communications between the parties, oral or written, regarding such subject matter. In the event of any conflict between the terms and conditions of any of the foregoing documents, the conflict shall be resolved based on the following order of precedence: (i) an applicable Order Form (but only for the transaction thereunder), (ii) an applicable Subscription Agreement, (iii) the Support Services Policy and (iv) this Agreement. For the avoidance of doubt, the parties hereby expressly acknowledge and agree that if You issue any purchase order or similar document in connection with the purchase of a Subscription and/or obtaining of License to the Software, You will do so only for Your internal, administrative purposes and not with the intent to provide any contractual terms. This Agreement may not be modified except by a subsequently dated, written amendment that expressly amends this Agreement and which is signed on behalf of Elastic and You, by duly authorized representatives. If any provision hereof is held unenforceable, this Agreement will continue without said provision and be interpreted to reflect the original intent of the parties.
6. DEFINITIONS
The following terms have the meanings ascribed:
6.1 “Affiliate” means, with respect to a party, any entity that controls, is controlled by, or which is under common control with, such party, where “control” means ownership of at least fifty percent (50%) of the outstanding voting shares of the entity, or the contractual right to establish policy for, and manage the operations of, the entity.
6.2 “Basic Version” means that version of the Software available for use without the purchase of a Subscription, but which does require Registration.
6.3 “Contractor” means any third party contractor performing services on Your behalf.
6.4 “Documentation” means the published end user documentation provided by Elastic with the Software.
6.5 “Eligible Features and Functions” means those features and functions of the Software that are eligible for use with respect to the particular version of the Software licensed by You or the Subscription level purchased by You. A list of the Eligible Features and Functions that correspond to each version of the Software and Subscription levels may be found at https://www.elastic.co/subscriptions.
6.6 “License” means a limited, non-exclusive, non-transferable, fully paid up, right and license (without the right to grant or authorize sublicenses) solely for Your internal business operations to (i) install and use, in object code format, the Software, (ii) use, and distribute internally a reasonable number of copies of the Documentation, provided that You must include on such copies all Marks and Notices; (iii) permit Contractors and Your Affiliates to use the Software and Documentation as set forth in (i) and (ii) above, provided that such use by Contractors must be solely for Your benefit, and You shall be responsible for all acts and omissions of such Contractors and Affiliates in connection with their use of the Software that are contrary to the terms and conditions of this Agreement.
6.7 “License Key” means an alphanumeric code that enables the Eligible Features and Functions of the Software.
6.8 “Malicious Code” means any code that is designed to harm, or otherwise disrupt in any unauthorized manner, the operation of Your computer programs or computer systems or destroy or damage data. For clarity, Malicious Code shall not include any software bugs or errors handled through Support Services, or any standard features of functions of the Software and/or any License Key that are intended to enforce the temporal and/or other limitations on the scope of the use of the Software to the scope of the License granted to You.
6.9 “Marks and Notices” means all Elastic trademarks, trade names, logos and notices present on the Documentation as originally provided by Elastic.
6.10 “Node” means an instance of Software on a single physical server or virtual machine, provided that all client Nodes are excluded from calculating Subscription fees based on the number of Nodes.
6.11 “Project” means a specific use case for the Software, with Nodes being deployed for use in a logical grouping of functionality to support such use case.
6.12 “Registration” means Elastic’s then-current process under which You may register Your use of the Software with Elastic by providing certain information to Elastic regarding You and Your use of the Software.
6.13 “Subscription” means the right to receive Support Services and a License to the Software.
6.14 “Subscription Agreement” means a legally enforceable agreement between You and Elastic, under which You purchase a Subscription.
6.15 “Subscription Level” means the level of Subscription purchased by You. The Subscription Level purchased by You determines the specific Support Services that You are entitled to receive, and the specific Eligible Features and functions that You are entitled to use.
6.16 “Subscription Term” means the period of time for which You have purchased a Subscription.
6.17 “Trial Version” means that version of the Software available for use without the purchase of a Subscription and without Registration.
ATTACHMENT 1
ADDITIONAL TERMS AND CONDITIONS
A. The following additional terms and conditions apply to all Customers with principal offices in the United States of America:
(1) Applicable Elasticsearch Entity. The entity providing the license is Elasticsearch, Inc., a Delaware corporation.
(2) Government Rights. The Software product is "Commercial Computer Software," as that term is defined in 48 C.F.R. 2.101, and as the term is used in 48 C.F.R. Part 12, and is a Commercial Item comprised of "commercial computer software" and "commercial computer software documentation". If acquired by or on behalf of a civilian agency, the U.S. Government acquires this commercial computer software and/or commercial computer software documentation subject to the terms of this Agreement, as specified in 48 C.F.R. 12.212 (Computer Software) and 12.211 (Technical Data) of the Federal Acquisition Regulation ("FAR") and its successors. If acquired by or on behalf of any agency within the Department of Defense ("DOD"), the U.S. Government acquires this commercial computer software and/or commercial computer software documentation subject to the terms of the Elastic Software End User License Agreement as specified in 48 C.F.R. 227.7202-3 and 48 C.F.R. 227.7202-4 of the DOD FAR Supplement ("DFARS") and its successors, and consistent with 48 C.F.R. 227.7202. This U.S. Government Rights clause, consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202 is in lieu of, and supersedes, any other FAR, DFARS, or other clause or provision that addresses Government rights in computer software, computer software documentation or technical data related to the Software under this Agreement and in any Subcontract under which this commercial computer software and commercial computer software documentation is acquired or licensed.
(3) Export Control. You acknowledge that the goods, software and technology acquired from Elastic are subject to U.S. export control laws and regulations, including but not limited to the International Traffic In Arms Regulations (“ITAR”) (22 C.F.R. Parts 120-130 (2010)); the Export Administration Regulations ("EAR") (15 C.F.R. Parts 730-774 (2010)); the U.S. antiboycott regulations in the EAR and U.S. Department of the Treasury regulations; the economic sanctions regulations and guidelines of the U.S. Department of the Treasury, Office of Foreign Assets Control, and the USA Patriot Act (Title III of Pub. L. 107-56, signed into law October 26, 2001), as amended.  You are now and will remain in the future compliant with all such export control laws and regulations, and will not export, re-export, otherwise transfer any Elastic goods, software or technology or disclose any Elastic software or technology to any person contrary to such laws or regulations.  You acknowledge that remote access to the Software may in certain circumstances be considered a re-export of Software, and accordingly, may not be granted in contravention of U.S. export control laws and regulations.
(4) Governing Law, Jurisdiction and Venue.
(a) Customers in California. If Customer is located in California (as determined by the Customer address on the applicable Order Form, or for a trial license under 1.1(a), the location of person who installed the Software), this Agreement will be governed by the laws of the State of California, without regard to its conflict of laws principles, and all suits hereunder will be brought solely in Federal Court for the Northern District of California, or if that court lacks subject matter jurisdiction, in any California State Court located in Santa Clara County.
(b) Customers Outside of California. If Customer is located anywhere other than California (as determined by the Customer address on the applicable Order Form, or for a trial license under 1.1(a), the location of person who installed the Software), this Agreement will be governed by the laws of the State of Delaware, without regard to its conflict of laws principles, and all suits hereunder will be brought solely in Federal Court for the District of Delaware, or if that court lacks subject matter jurisdiction, in any Delaware State Court located in Wilmington, Delaware.
(c) All Customers. This Agreement shall not be governed by the 1980 UN Convention on Contracts for the International Sale of Goods. The parties hereby irrevocably waive any and all claims and defenses either might otherwise have in any action or proceeding in any of the applicable courts set forth in (a) or (b) above, based upon any alleged lack of personal jurisdiction, improper venue, forum non conveniens, or any similar claim or defense.
(d) Equitable Relief. A breach or threatened breach, by either party of Section 4 may cause irreparable harm for which the non-breaching party shall be entitled to seek injunctive relief without being required to post a bond.
B. The following additional terms and conditions apply to all Customers with principal offices in Canada:
(1) Applicable Elasticsearch Entity. The entity providing the license is Elasticsearch B.C. Ltd., a corporation incorporated under laws of the Province of British Columbia.
(2) Export Control. You acknowledge that the goods, software and technology acquired from Elastic are subject to the restrictions and controls set out in Section A(3) above as well as those imposed by the Export and Import Permits Act (Canada) and the regulations thereunder and that you will comply with all applicable laws and regulations. Without limitation, You acknowledge that the Software, or any portion thereof, will not be exported: (a) to any country on Canada's Area Control List; (b) to any country subject to UN Security Council embargo or action; or (c) contrary to Canada's Export Control List Item 5505. You are now and will remain in the future compliant with all such export control laws and regulations, and will not export, re-export, otherwise transfer any Elastic goods, software or technology or disclose any Elastic software or technology to any person contrary to such laws or regulations.  You will not export or re-export the Software, or any portion thereof, directly or indirectly, in violation of the Canadian export administration laws and regulations to any country or end user, or to any end user who you know or have reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons. You further acknowledge that the Software product may include technical data subject to such Canadian export regulations. Elastic does not represent that the Software is appropriate or available for use in all countries. Elastic prohibits accessing materials from countries or states where contents are illegal. You are using the Software on your own initiative and you are responsible for compliance with all applicable laws. You hereby agree to indemnify Elastic and its Affiliates from any claims, actions, liability or expenses (including reasonable lawyers' fees) resulting from Your failure to act in accordance with the acknowledgements, agreements, and representations in this Section B(2).
(3) Governing Law and Dispute Resolution. This Agreement shall be governed by the Province of Ontario and the federal laws of Canada applicable therein without regard to conflict of laws provisions. The parties hereby irrevocably waive any and all claims and defenses either might otherwise have in any such action or proceeding in any of such courts based upon any alleged lack of personal jurisdiction, improper venue, forum non conveniens or any similar claim or defense. Any dispute, claim or controversy arising out of or relating to this Agreement or the existence, breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, (each, a “Dispute”), which the parties are unable to resolve after good faith negotiations, shall be submitted first to the upper management level of the parties. The parties, through their upper management level representatives shall meet within thirty (30) days of the Dispute being referred to them and if the parties are unable to resolve such Dispute within thirty (30) days of meeting, the parties agree to seek to resolve the Dispute through mediation with ADR Chambers in the City of Toronto, Ontario, Canada before pursuing any other proceedings. The costs of the mediator shall be shared equally by the parties. If the Dispute has not been resolved within thirty (30) days of the notice to desire to mediate, any party may terminate the mediation and proceed to arbitration and the matter shall be referred to and finally resolved by arbitration at ADR Chambers pursuant to the general ADR Chambers Rules for Arbitration in the City of Toronto, Ontario, Canada. The arbitration shall proceed in accordance with the provisions of the Arbitration Act (Ontario). The arbitral panel shall consist of three (3) arbitrators, selected as follows: each party shall appoint one (1) arbitrator; and those two (2) arbitrators shall discuss and select a chairman. If the two (2) party-appointed arbitrators are unable to agree on the chairman, the chairman shall be selected in accordance with the applicable rules of the arbitration body. Each arbitrator shall be independent of each of the parties. The arbitrators shall have the authority to grant specific performance and to allocate between the parties the costs of arbitration (including service fees, arbitrator fees and all other fees related to the arbitration) in such equitable manner as the arbitrators may determine. The prevailing party in any arbitration shall be entitled to receive reimbursement of its reasonable expenses incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, Elastic shall have the right to institute an action in a court of proper jurisdiction for preliminary injunctive relief pending a final decision by the arbitrator, provided that a permanent injunction and damages shall only be awarded by the arbitrator. The language to be used in the arbitral proceedings shall be English.
(4) Language. Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English version, the English version of this Agreement shall govern. At the request of the parties, the official language of this Agreement and all communications and documents relating hereto is the English language, and the English-language version shall govern all interpretation of the Agreement.  À la demande des parties, la langue officielle de la présente convention ainsi que toutes communications et tous documents s'y rapportant est la langue anglaise, et la version anglaise est celle qui régit toute interprétation de la présente convention.
(5) Warranty Disclaimer. For Customers with principal offices in the Province of Québec, the following new sentence is to be added to the end of Section 3.3: “SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OR EXCLUSIONS OF CERTAIN TYPES OF DAMAGES AND/OR WARRANTIES AND CONDITIONS. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SET FORTH IN THIS AGREEMENT SHALL NOT APPLY IF AND ONLY IF AND TO THE EXTENT THAT THE LAWS OF A COMPETENT JURISDICTION REQUIRE LIABILITIES BEYOND AND DESPITE THESE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS.”
(6) Limitation of Liability. For Customers with principal offices in the Province of Québec, the following new sentence is to be added to the end of Section 4.1: “SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OR EXCLUSIONS OF CERTAIN TYPES OF DAMAGES AND/OR WARRANTIES AND CONDITIONS.  THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SET FORTH IN THIS AGREEMENT SHALL NOT APPLY IF AND ONLY IF AND TO THE EXTENT THAT THE LAWS OF A COMPETENT JURISDICTION REQUIRE LIABILITIES BEYOND AND DESPITE THESE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS.”
C. The following additional terms and conditions apply to all Customers with principal offices outside of the United States of America and Canada:
(1) Applicable Elasticsearch Entity. The entity providing the license in Germany is Elasticsearch Gmbh; in France is Elasticsearch SARL, in the United Kingdom is Elasticsearch Ltd, in Australia is Elasticsearch Pty Ltd., in Japan is Elasticsearch KK, in Sweden is Elasticsearch AB, in Norway is Elasticsearch AS and in all other countries is Elasticsearch BV.
(2) Choice of Law. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without reference to or application of choice of law rules or principles. Notwithstanding any choice of law provision or otherwise, the Uniform Computer Information Transactions Act (UCITA) and the United Nations Convention on the International Sale of Goods shall not apply.
(3) Arbitration. Any dispute, claim or controversy arising out of or relating to this Agreement or the existence, breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, (each, a “Dispute”) shall be referred to and finally resolved by arbitration under the rules and at the location identified below. The arbitral panel shall consist of three (3) arbitrators, selected as follows: each party shall appoint one (1) arbitrator; and those two (2) arbitrators shall discuss and select a chairman. If the two party-appointed arbitrators are unable to agree on the chairman, the chairman shall be selected in accordance with the applicable rules of the arbitration body. Each arbitrator shall be independent of each of the parties. The arbitrators shall have the authority to grant specific performance and to allocate between the parties the costs of arbitration (including service fees, arbitrator fees and all other fees related to the arbitration) in such equitable manner as the arbitrators may determine. The prevailing party in any arbitration shall be entitled to receive reimbursement of its reasonable expenses incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, Elastic shall have the right to institute an action in a court of proper jurisdiction for preliminary injunctive relief pending a final decision by the arbitrator, provided that a permanent injunction and damages shall only be awarded by the arbitrator. The language to be used in the arbitral proceedings shall be English.
In addition, the following terms only apply to Customers with principal offices within Europe, the Middle East or Africa (EMEA):
Arbitration Rules and Location. Any Dispute shall be referred to and finally resolved by arbitration under the London Court of International Arbitration (“LCIA”) Rules (which Rules are deemed to be incorporated by reference into this clause) on the basis that the governing law is the law of the State of New York, USA. The seat, or legal place, of arbitration shall be London, England.
(b) In addition, the following terms only apply to Customers with principal offices within Asia Pacific, Australia & New Zealand:
Arbitration Rules and Location. Any Dispute shall be referred to and finally resolved by arbitration under the Rules of Conciliation and Arbitration of the International Chamber of Commerce (“ICC”) in force on the date when the notice of arbitration is submitted in accordance with such Rules (which Rules are deemed to be incorporated by reference into this clause) on the basis that the governing law is the law of the State of New York, USA. The seat, or legal place, of arbitration shall be Singapore.
(c) In addition, the following terms only apply to Customers with principal offices within the Americas (excluding North America):
Arbitration Rules and Location. Any Dispute shall be referred to and finally resolved by arbitration under International Dispute Resolution Procedures of the American Arbitration Association (“AAA”) in force on the date when the notice of arbitration is submitted in accordance with such Procedures (which Procedures are deemed to be incorporated by reference into this clause) on the basis that the governing law is the law of the State of New York, USA. The seat, or legal place, of arbitration shall be New York, New York, USA.
(4) In addition, for Customers with principal offices within the UK, the following new sentence is added to the end of Section 4.1:
Nothing in this Agreement shall have effect so as to limit or exclude a party’s liability for death or personal injury caused by negligence or for fraud including fraudulent misrepresentation and this Section 4.1 shall take effect subject to this provision.
(5) In addition, for Customers with principal offices within France, Sections 1.2, 3 and 4.1 of the Agreement are deleted and replaced with the following new Sections 1.2, 3.3 and 4.1:
1.2 Reservation of Rights; Restrictions. Elastic owns all right title and interest in and to the Software and any derivative works thereof, and except as expressly set forth in Section 1.1 above, no other license to the Software is granted to You by implication, or otherwise. You agree not to prepare derivative works from, modify, copy or use the Software in any manner except as expressly permitted in this Agreement; provided that You may copy the Software for archival purposes, only where such software is provided on a non-durable medium; and You may decompile the Software, where necessary for interoperability purposes and where necessary for the correction of errors making the software unfit for its intended purpose, if such right is not reserved by Elastic as editor of the Software. Pursuant to article L122-6-1 of the French intellectual property code, Elastic reserves the right to correct any bugs as necessary for the Software to serve its intended purpose. You agree not to: (i) transfer, sell, rent, lease, distribute, sublicense, loan or otherwise transfer the Software in whole or in part to any third party; (ii) use the Software for providing time-sharing services, any software-as-a-service offering (“SaaS”), service bureau services or as part of an application services provider or other service offering; (iii) alter or remove any proprietary notices in the Software; or (iv) make available to any third party any analysis of the results of operation of the Software, including benchmarking results, without the prior written consent of Elastic.
3.3 Warranty Disclaimer. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, AND ELASTIC AND ITS LICENSORS MAKE NO WARRANTIES WHETHER EXPRESSED, IMPLIED OR STATUTORY REGARDING OR RELATING TO THE SOFTWARE OR DOCUMENTATION. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ELASTIC AND ITS LICENSORS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SOFTWARE AND DOCUMENTATION, AND WITH RESPECT TO THE USE OF THE FOREGOING. FURTHER, ELASTIC DOES NOT WARRANT RESULTS OF USE OR THAT THE SOFTWARE WILL BE ERROR FREE OR THAT THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED.
4.1 Disclaimer of Certain Damages. IN NO EVENT SHALL YOU OR ELASTIC OR ITS LICENSORS BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, COST OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT OR UNFORESEEABLE DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, OR THE PERFORMANCE OF OR FAILURE TO PERFORM THIS AGREEMENT, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE. THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 4.1 SHALL NOT APPLY TO A BREACH, THROUGH GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT BY YOU, OF THE SCOPE OF THE LICENSE GRANTED IN SECTION 1.1, OR IN CASE OF DEATH OR PERSONAL INJURY.
(6) In addition, for Customers located within Australia: (a) Sections 3.1, 3.2 and 3.3 of the Agreement are deleted and replaced with the following new Sections 3.1, 3.2, 3.3, 3.4 and 3.5; and (b) Sections 4.1, 4.2 and 4.3 of the Agreement are deleted and replaced with the following new Sections 4.1, 4.2, and 4.3:
3.1 Despite anything in this Agreement, Elastic’s goods come with guarantees that cannot be excluded under the Australian Consumer Law (as set out in the Competition and Consumer Act 2010 (Cth)). You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
3.2 Limited Performance Warranty. Subject to You purchasing a Subscription, Elastic warrants that during the applicable Subscription Term, the Software will perform in all material respects in accordance with the Documentation. In the event of a breach of the foregoing warranty during the Subscription Term and where You notify Elastic that the Software does not perform in all material respects in accordance with the Documentation, Elastic’s sole obligation, and Your exclusive remedy shall be for Elastic to (i) correct (at Elastic’s cost) any failure(s) of the Software to perform in all material respects in accordance with the Documentation or (ii) if Elastic is unable to provide such a correction within thirty (30) days of receipt of notice of the applicable non-conformity, You may elect to terminate this Agreement and the associated Subscription, and Elastic will promptly refund to You any pre-paid, unused fees paid by You to Elastic for the applicable Subscription. The warranty set forth in this Section 3.2 does not apply if the applicable Software or any portion thereof: (a) has been altered, except by or on behalf Elastic; (b) has not been used, installed, operated, repaired, or maintained in accordance with this Agreement and/or the Documentation; (c) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident; or (d) is used on equipment, products, or systems not meeting specifications identified by Elastic in the Documentation. Additionally, the warranties set forth herein only apply when notice of a warranty claim is provided to Elastic within the applicable warranty period specified herein and do not apply to any bug, defect or error caused by or attributable to software or hardware not supplied by Elastic.
3.3 For the purposes of Section 3.2, You must use the contact details set out below to notify Elastic that the Software does not perform in all material respects in accordance with the Documentation:
Elasticsearch Pty Ltd
4th Floor, 17-19 Alberta Street
Sydney, New South Wales, 2000, Australia
3.4 Malicious Code. Elastic represents and warrants that prior to making it available for delivery to You, Elastic will use standard industry practices including, without limitation, the use of an updated commercial anti-virus program, to test the Software for Malicious Code and remove any Malicious Code it discovers. In the event of a breach of the foregoing warranty, Elastic’s sole obligation, and Your exclusive remedy shall be, at Elastic’s option, for Elastic to replace the Software with Software that does not contain any Malicious Code or to pay for the cost of the Software to be replaced with Software that does not contain any Malicious Code.
3.5 Warranty Disclaimer. NOTHING IN THIS AGREEMENT IS INTENDED TO LIMIT CUSTOMER’S NON-EXCLUDABLE RIGHTS UNDER THE COMPETITION AND CONSUMER ACT 2010 (CTH). EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, AND ELASTIC AND ITS LICENSORS MAKE NO WARRANTIES WHETHER EXPRESSED, IMPLIED OR STATUTORY REGARDING OR RELATING TO THE SOFTWARE OR DOCUMENTATION. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW AND EXCEPT AS SET OUT IN THIS AGREEMENT, ELASTIC AND ITS LICENSORS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE AND DOCUMENTATION, AND WITH RESPECT TO THE USE OF THE FOREGOING. FURTHER, ELASTIC DOES NOT WARRANT RESULTS OF USE OR THAT THE SOFTWARE WILL BE ERROR FREE OR THAT THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED.
4.1 Disclaimer of Certain Damages. Subject to clause 4.3, a party is not liable for Consequential Loss however caused (including by the negligence of that party) suffered or incurred by the other party in connection with this agreement. “Consequential Loss” means loss of revenues, loss of reputation, indirect loss, loss of profits, consequential loss, loss of actual or anticipated savings, indirect loss, lost opportunities, including opportunities to enter into arrangements with third parties, loss or damage in connection with claims against by third parties, or loss or corruption or data.
4.2 Damages Cap. SUBJECT TO CLAUSES 4.1 AND 4.3, ANY LIABILITY OF ELASTIC FOR ANY LOSS OR DAMAGE, HOWEVER CAUSED (INCLUDING BY THE NEGLIGENCE OF ELASTIC), SUFFERED BY YOU IN CONNECTION WITH THIS AGREEMENT IS LIMITED TO ONE THOUSAND DOLLARS ($1,000). THE LIMITATION SET OUT IN THIS SECTION 4.2 IS AN AGGREGATE LIMIT FOR ALL CLAIMS, WHENEVER MADE.
4.3 Australian Consumer Law. IF THE COMPETITION AND CONSUMER ACT 2010 (CTH) OR ANY OTHER LEGISLATION STATES THAT THERE IS A GUARANTEE IN RELATION TO ANY GOOD OR SERVICE SUPPLIED BY ELASTIC IN CONNECTION WITH THIS AGREEMENT, AND ELASTIC’S LIABILITY FOR FAILING TO COMPLY WITH THAT GUARANTEE CANNOT BE EXCLUDED BUT MAY BE LIMITED, SECTIONS 4.1, 4.2 AND 4.3 DO NOT APPLY TO THAT LIABILITY. INSTEAD, ELASTIC’S LIABILITY FOR THAT FAILURE IS LIMITED TO (AT THE ELECTION OF ELASTIC), IN THE CASE OF A SUPPLY OF GOODS, ELASTIC REPLACING THE GOODS OR SUPPLYING EQUIVALENT GOODS OR REPAIRING THE GOODS, OR IN THE CASE OF A SUPPLY OF SERVICES, ELASTIC SUPPLYING THE SERVICES AGAIN OR PAYING THE COST OF HAVING THE SERVICES SUPPLIED AGAIN.
(7) In addition, for Customers with principal offices within Japan, Sections 1.2, 3 and 4.1 of the Agreement are deleted and replaced with the following new Sections 1.2, 3.3 and 4.1:
1.2 Reservation of Rights; Restrictions. As between Elastic and You, Elastic owns all right title and interest in and to the Software and any derivative works thereof, and except as expressly set forth in Section 1.1 above, no other license to the Software is granted to You by implication or otherwise. You agree not to: (i) prepare derivative works from, modify, copy or use the Software in any manner except as expressly permitted in this Agreement or applicable law; (ii) transfer, sell, rent, lease, distribute, sublicense, loan or otherwise transfer the Software in whole or in part to any third party; (iii) use the Software for providing time-sharing services, any software-as-a-service offering (“SaaS”), service bureau services or as part of an application services provider or other service offering; (iv) alter or remove any proprietary notices in the Software; or (v) make available to any third party any analysis of the results of operation of the Software, including benchmarking results, without the prior written consent of Elastic.
3.3 Warranty Disclaimer. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, AND ELASTIC AND ITS LICENSORS MAKE NO WARRANTIES WHETHER EXPRESSED, IMPLIED OR STATUTORY REGARDING OR RELATING TO THE SOFTWARE OR DOCUMENTATION. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ELASTIC AND ITS LICENSORS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE AND DOCUMENTATION, AND WITH RESPECT TO THE USE OF THE FOREGOING. FURTHER, ELASTIC DOES NOT WARRANT RESULTS OF USE OR THAT THE SOFTWARE WILL BE ERROR FREE OR THAT THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED.
4.1 Disclaimer of Certain Damages. IN NO EVENT SHALL YOU OR ELASTIC OR ITS LICENSORS BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, COST OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY SPECIALINDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, OR THE PERFORMANCE OF OR FAILURE TO PERFORM THIS AGREEMENT, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN IF THE RESPONSIBLE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 4.1 SHALL NOT APPLY TO A BREACH THROUGH GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT BY YOU OF THE SCOPE OF THE LICENSE GRANTED IN SECTION 1.1 OR TO ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

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