Couchbase.Lite 2.8.4 License Info

Couchbase.Lite 2.8.4

Last updated February 28, 2020. Replaces all prior versions.

Couchbase, Inc.
Community Edition License Agreement

This Couchbase Community Edition License Agreement between you and
Couchbase, Inc., governs your use of the community edition of Couchbase's
software accompanying this agreement, including but not limited to
Couchbase Server Community, Couchbase Synch Gateway Community and
Couchbase Lite Community, and any Couchbase services or updates for that
software, in addition to all versions of Couchbase's community software
described in section 1 below (together, the "Community Software").

BY INSTALLING OR OTHERWISE USING THE COMMUNITY SOFTWARE, YOU AGREE TO
THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ANY TERMS OF THIS
AGREEMENT, YOU MUST IMMEDIATELY CEASE USING THE COMMUNITY SOFTWARE AND
UNINSTALL AND DELETE ALL COPIES.

If you are installing or using the Community Software on behalf of an
organization or are otherwise entering into this agreement on behalf of an
organization, you represent and warrant that you are authorized to enter
into this agreement on behalf of your organization.  In consideration
of the rights granted to you in this agreement, you must comply with
all the terms in this agreement.

1. Application of Agreement. If you have installed or used any prior
version of the community edition of our software under any other license
terms, by installing or using the version of the Community Software that
accompanies this agreement, you agree that this agreement replaces those
other license terms in their entirety and will also govern your use of
all prior versions of Couchbase's community edition software.

2. Term and Termination.  This agreement will continue to apply until (a)
you terminate this agreement at any time by uninstalling and deleting
all copies of the Community Software in your possession or control; or
(b) we terminate this agreement. We may terminate this agreement at
any time for any reason (including but not limited to your breach of
this agreement) by providing you with notice. If we notify you of our
termination, you must uninstall and delete all copies of the Community
Software in your possession or control.

3. Modification of agreement. We may modify this agreement or replace
this agreement with new terms from time to time with any update or new
version of the Community Software or with notice to you.

4. License Grant. The Community Software is licensed, not sold, to you.
During the term of this agreement and subject to your compliance with this
agreement, we grant you a non-exclusive, non-transferable, non-assignable,
non-sublicensable, revocable and personal license to install and use the
Community Software at no charge for your internal business purposes and
to develop or commercialize products that interact with the Community
Software, subject to the restrictions in Section 5 and provided that
you ensure that users of your products also comply with the applicable
restrictions in Section 5.

5. License Restrictions. In addition to the other restrictions and
limitations in this agreement, you must not, and you must not assist or
authorize others to: (a) work around or bypass any technical limitations
in the Community Software that only allow you to use the Community
Software in certain ways or any security device or protection used
for or contained in the Community Software; (b) decompile, reverse
engineer, disassemble, attempt to derive the source code of, modify,
or create derivative works of the Community Software (except the extent
prohibited by applicable law or to the extent permitted by the licensing
terms governing use of any open source components included with the
Community Software); (c) use the Community Software that is against the
law, including but not limited to transferring the Community Software
to any country in violation of any export or re-export regulations
or laws, or that infringes, misappropriates or otherwise violates any
right of any third party; (d) sell, license, sublicense, distribute,
offer or provide the Community Software on a standalone basis; (e)
directly share, commercialize, sell, transfer, license or sublicense
the Community Software; or (f) make any representations or warranties
regarding the Community Software. This agreement does not grant any rights
to any commercial/enterprise (non-community) edition of our software or
services, which are subject to separate terms.

6. Verification of Use. We may verify that you are using the Community
Software in compliance with this agreement, including without limitation
through technological features in the Community Software that may
transmit to us data relating to your use of the Community Software. Upon
our request, you will provide us with a system-generated information
verifying that your use of the Community Software complies with this
agreement. If you are found to be using the Community Software in breach
of this agreement, then without limiting any other rights or remedies
we may have, you must immediately pay us a license fee for such usage of
the Community Software that is equal to the amount you would have paid if
you had licensed the commercial/enterprise version Couchbase's software.
If you do not comply with this agreement and we do not take immediate
action, we may still take action in the future.

7. Privacy and Data Security.  Our use of any personal data collected
by us under this agreement is governed by our privacy policy, currently
located at: https://www.couchbase.com/privacy-policy/. Your use of the
Community Software operates as a consent to the practices described in
our privacy policy.

8. No Support Services. Because this is the free community edition of
our software, all Community Software is provided "as is" with no services
or support provided in conjunction with it.  We are under no obligation
to provide or continue to provide the Community Software (including any
update, upgrade or new version) to you.

9. Disclaimer of Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW: (A) USE OF ANY COMMUNITY SOFTWARE IS AT YOUR SOLE RISK AND THE ENTIRE
RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS
WITH YOU; (B) THE COMMUNITY SOFTWARE IS LICENSED TO YOU ON AN "AS IS" AND
"AS AVAILABLE" BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND,
AND WE DISCLAIM ALL WARRANTIES, EITHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY,
SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET
ENJOYMENT, AVAILABILITY AND NON-INFRINGEMENT; AND (C) WITHOUT LIMITING THE
FOREGOING, WE DO NOT WARRANT THAT THE COMMUNITY SOFTWARE WILL MEET YOUR
REQUIREMENTS, THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE,
OR THAT DEFECTS WILL BE CORRECTED. NO INFORMATION OR ADVICE GIVEN BY US
WILL CREATE ANY WARRANTY.

10. Limitation of Liability. To the maximum extent permitted by
applicable law: (a) in no event will we be liable for any incidental,
special, indirect or consequential damages whatsoever, or damages for
loss of profits, loss of data, loss of goodwill, business interruption
or any other damages or losses, arising out of or related to your use
or inability to use the Community Software,; and (b) in no event will
our total liability to you for all loss, claims and damages exceed the
amount of fifty dollars (USD50.00).  All limitations and exclusions of
liability in this agreement will apply even if the above stated remedies
fail of their essential purpose and regardless of the form or source of
claim or loss, whether the claim or loss was foreseeable, and whether
we have been advised of the possibility of the claim or loss.

11. Non-Assignment. You may not assign or otherwise transfer your rights
and obligations under this agreement, in whole or in part, without our
written consent, and any such attempt will be void. We may transfer
our rights or obligations under this agreement to a third party in
our discretion.

12. Dispute Resolution. If you have any concern or dispute, you must first
try to resolve the dispute informally by contacting us. If a dispute is
not resolved within 30 days of submission, any resulting legal actions
must be resolved through final and binding arbitration. If you reside
in the Americas, JAMS will administer the arbitration in Santa Clara
County, California pursuant to its Comprehensive Arbitration Rules and
Procedures. If you reside in Australia, New Zealand, Japan, mainland
China, Hong Kong S.A.R., Macau S.A.R., Taiwan, South Korea, India,
Sri Lanka, Bangladesh, Nepal, or a member state of the Association
of Southeast Asian Nations (ASEAN), then the Singapore International
Arbitration Centre (SIAC) will administer the arbitration in Singapore
under its Rules of Arbitration, which rules are deemed to be incorporated
by reference in this section. Otherwise, the London Court of International
Arbitration (LCIA) will administer the arbitration in London under
the LCIA Arbitration Rules. You agree to appear in the identified
and applicable forum stated in this paragraph, and to be bound by the
results of the arbitration.  There will be one arbitrator that you and
we mutually select. The arbitration will be conducted in the English
language. Judgment upon the award rendered may be entered and will be
enforceable in any court of competent jurisdiction having jurisdiction
over you and us.

13. No Class Actions, Injunctive Relief, Governing Law, Severability. You
may only resolve disputes with us on an individual basis, and you may not
bring a claim as a plaintiff or a class member in a class, consolidated,
or representative action. Notwithstanding anything else in this agreement,
if you use the Community Software in violation of this agreement, we
are entitled to apply for injunctive remedies (or an equivalent type
of urgent legal relief) in any jurisdiction. This agreement will be
governed by and construed in accordance with the substantive laws of
the State of California. If any part of this agreement is held invalid,
the remainder of the agreement will continue in full force and effect.
If you have other rights not described in this agreement, including
consumer rights, under the laws of your state or country, this agreement
does not change those other rights if the laws of your state or country
do not permit it to do so.

CCELA/Feb2020/v2