1This file contains a copy of: 2 31) The GNU General Public License version 3 41) The Commercial Open Source License (COSL) 5 6---------------------------------------------------------------------------- 7 8CFEngine is provided under the terms of the GNU General Public License version 3 9(below), with explicit permission to link with the OpenSSL library, BerkeleyDB 10library and and PCRE library. 11 12On some systems, code under the Frontier Artistic License 13(/libcompat/snprintf) might become compiled. This is compatible with the 14GPL. 15 16Users of the software may, at their option, choose the COSL license 17below as part of the enterprise CFEngine product. 18 19---------------------------------------------------------------------------- 20 21 22 GNU GENERAL PUBLIC LICENSE 23 Version 3, 29 June 2007 24 25 Copyright (C) 2007 Free Software Foundation, Inc. <http://fsf.org/> 26 Everyone is permitted to copy and distribute verbatim copies 27 of this license document, but changing it is not allowed. 28 29 Preamble 30 31 The GNU General Public License is a free, copyleft license for 32software and other kinds of works. 33 34 The licenses for most software and other practical works are designed 35to take away your freedom to share and change the works. By contrast, 36the GNU General Public License is intended to guarantee your freedom to 37share and change all versions of a program--to make sure it remains free 38software for all its users. 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If your rights have been terminated and not permanently 453reinstated, you do not qualify to receive new licenses for the same 454material under section 10. 455 456 9. Acceptance Not Required for Having Copies. 457 458 You are not required to accept this License in order to receive or 459run a copy of the Program. Ancillary propagation of a covered work 460occurring solely as a consequence of using peer-to-peer transmission 461to receive a copy likewise does not require acceptance. However, 462nothing other than this License grants you permission to propagate or 463modify any covered work. These actions infringe copyright if you do 464not accept this License. Therefore, by modifying or propagating a 465covered work, you indicate your acceptance of this License to do so. 466 467 10. 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Patents. 493 494 A "contributor" is a copyright holder who authorizes use under this 495License of the Program or a work on which the Program is based. The 496work thus licensed is called the contributor's "contributor version". 497 498 A contributor's "essential patent claims" are all patent claims 499owned or controlled by the contributor, whether already acquired or 500hereafter acquired, that would be infringed by some manner, permitted 501by this License, of making, using, or selling its contributor version, 502but do not include claims that would be infringed only as a 503consequence of further modification of the contributor version. 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"Knowingly relying" means you have 529actual knowledge that, but for the patent license, your conveying the 530covered work in a country, or your recipient's use of the covered work 531in a country, would infringe one or more identifiable patents in that 532country that you have reason to believe are valid. 533 534 If, pursuant to or in connection with a single transaction or 535arrangement, you convey, or propagate by procuring conveyance of, a 536covered work, and grant a patent license to some of the parties 537receiving the covered work authorizing them to use, propagate, modify 538or convey a specific copy of the covered work, then the patent license 539you grant is automatically extended to all recipients of the covered 540work and works based on it. 541 542 A patent license is "discriminatory" if it does not include within 543the scope of its coverage, prohibits the exercise of, or is 544conditioned on the non-exercise of one or more of the rights that are 545specifically granted under this License. You may not convey a covered 546work if you are a party to an arrangement with a third party that is 547in the business of distributing software, under which you make payment 548to the third party based on the extent of your activity of conveying 549the work, and under which the third party grants, to any of the 550parties who would receive the covered work from you, a discriminatory 551patent license (a) in connection with copies of the covered work 552conveyed by you (or copies made from those copies), or (b) primarily 553for and in connection with specific products or compilations that 554contain the covered work, unless you entered into that arrangement, 555or that patent license was granted, prior to 28 March 2007. 556 557 Nothing in this License shall be construed as excluding or limiting 558any implied license or other defenses to infringement that may 559otherwise be available to you under applicable patent law. 560 561 12. No Surrender of Others' Freedom. 562 563 If conditions are imposed on you (whether by court order, agreement or 564otherwise) that contradict the conditions of this License, they do not 565excuse you from the conditions of this License. If you cannot convey a 566covered work so as to satisfy simultaneously your obligations under this 567License and any other pertinent obligations, then as a consequence you may 568not convey it at all. For example, if you agree to terms that obligate you 569to collect a royalty for further conveying from those to whom you convey 570the Program, the only way you could satisfy both those terms and this 571License would be to refrain entirely from conveying the Program. 572 573 13. Use with the GNU Affero General Public License. 574 575 Notwithstanding any other provision of this License, you have 576permission to link or combine any covered work with a work licensed 577under version 3 of the GNU Affero General Public License into a single 578combined work, and to convey the resulting work. The terms of this 579License will continue to apply to the part which is the covered work, 580but the special requirements of the GNU Affero General Public License, 581section 13, concerning interaction through a network will apply to the 582combination as such. 583 584 14. Revised Versions of this License. 585 586 The Free Software Foundation may publish revised and/or new versions of 587the GNU General Public License from time to time. Such new versions will 588be similar in spirit to the present version, but may differ in detail to 589address new problems or concerns. 590 591 Each version is given a distinguishing version number. If the 592Program specifies that a certain numbered version of the GNU General 593Public License "or any later version" applies to it, you have the 594option of following the terms and conditions either of that numbered 595version or of any later version published by the Free Software 596Foundation. If the Program does not specify a version number of the 597GNU General Public License, you may choose any version ever published 598by the Free Software Foundation. 599 600 If the Program specifies that a proxy can decide which future 601versions of the GNU General Public License can be used, that proxy's 602public statement of acceptance of a version permanently authorizes you 603to choose that version for the Program. 604 605 Later license versions may give you additional or different 606permissions. However, no additional obligations are imposed on any 607author or copyright holder as a result of your choosing to follow a 608later version. 609 610 15. Disclaimer of Warranty. 611 612 THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY 613APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT 614HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY 615OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, 616THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR 617PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM 618IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF 619ALL NECESSARY SERVICING, REPAIR OR CORRECTION. 620 621 16. Limitation of Liability. 622 623 IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING 624WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MODIFIES AND/OR CONVEYS 625THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY 626GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE 627USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF 628DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD 629PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), 630EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF 631SUCH DAMAGES. 632 633 17. Interpretation of Sections 15 and 16. 634 635 If the disclaimer of warranty and limitation of liability provided 636above cannot be given local legal effect according to their terms, 637reviewing courts shall apply local law that most closely approximates 638an absolute waiver of all civil liability in connection with the 639Program, unless a warranty or assumption of liability accompanies a 640copy of the Program in return for a fee. 641 642 END OF TERMS AND CONDITIONS 643 644 How to Apply These Terms to Your New Programs 645 646 If you develop a new program, and you want it to be of the greatest 647possible use to the public, the best way to achieve this is to make it 648free software which everyone can redistribute and change under these terms. 649 650 To do so, attach the following notices to the program. It is safest 651to attach them to the start of each source file to most effectively 652state the exclusion of warranty; and each file should have at least 653the "copyright" line and a pointer to where the full notice is found. 654 655 <one line to give the program's name and a brief idea of what it does.> 656 Copyright (C) <year> <name of author> 657 658 This program is free software: you can redistribute it and/or modify 659 it under the terms of the GNU General Public License as published by 660 the Free Software Foundation, either version 3 of the License, or 661 (at your option) any later version. 662 663 This program is distributed in the hope that it will be useful, 664 but WITHOUT ANY WARRANTY; without even the implied warranty of 665 MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the 666 GNU General Public License for more details. 667 668 You should have received a copy of the GNU General Public License 669 along with this program. If not, see <http://www.gnu.org/licenses/>. 670 671Also add information on how to contact you by electronic and paper mail. 672 673 If the program does terminal interaction, make it output a short 674notice like this when it starts in an interactive mode: 675 676 <program> Copyright (C) <year> <name of author> 677 This program comes with ABSOLUTELY NO WARRANTY; for details type `show w'. 678 This is free software, and you are welcome to redistribute it 679 under certain conditions; type `show c' for details. 680 681The hypothetical commands `show w' and `show c' should show the appropriate 682parts of the General Public License. Of course, your program's commands 683might be different; for a GUI interface, you would use an "about box". 684 685 You should also get your employer (if you work as a programmer) or school, 686if any, to sign a "copyright disclaimer" for the program, if necessary. 687For more information on this, and how to apply and follow the GNU GPL, see 688<http://www.gnu.org/licenses/>. 689 690 The GNU General Public License does not permit incorporating your program 691into proprietary programs. If your program is a subroutine library, you 692may consider it more useful to permit linking proprietary applications with 693the library. If this is what you want to do, use the GNU Lesser General 694Public License instead of this License. But first, please read 695<http://www.gnu.org/philosophy/why-not-lgpl.html>. 696 697 698------------------------------------------------------------------------------ 699 700 701 COMMERCIAL OPEN SOURCE LICENSE 702 703This CFEngine commercial open source license ("COSL") is entered into 704between Northern.tech AS, a Norwegian company, as licensor and 705 706a) the Customer entity stipulated on a complete agreement front page (“Front page”), 707 708b) any entity or natural person downloading, installing or taking the 709Software or any part of it into use, or 710 711c) any entity or person who otherwise has agreed to be bound by these 712terms (collectively the "Licensee"). 713 7141 LICENSE 715 7161.1 General 717 718The Software is licensed on a consecutive basis (rental) or 719perpetually, as stipulated on the Front page. See 1.2 and 1.3 below 720respectively. The following shall apply to either type of license 721grants. 722 723Subject to the terms of this COSL and other agreement between the 724parties, Northern.tech hereby grants to Licensee a non-exclusive, 725non-transferable, non-sublicensable and limited license to install, 726use, study and modify the number of copies of the Software on the 727number of Instances stipulated on the Front page for use within its 728organization. 729 730The number of Instances the Software may be installed on may be 731changed by the Customer from time to time, provided ample notice is 732given to Northern.tech. See Front page for reporting. 733 734The Licensee may modify, adapt and create derivative works based upon 735the Software, for use within its organisation and for sharing between 736other consecutive licensees under the COSL. Therefore, the Licensee 737shall have access to the source code of the Software. However, the 738Licensee shall not reproduce, distribute, resell, rent, lease or 739disclose the Software in any manner or form to any other third party 740not holding a COSL to the Software. 741 742Licensee may not transfer any of its rights under this COSL without 743the prior and express written consent of Northern.tech. 744 745Any CFEngine software component used by both the CFEngine enterprise 746version and CFEngine community edition is licensed under the terms of 747this COSL if the Licensee does not state in writing to Northern.tech that 748the Licensee instead wish to license the component in question under 749the GNU General Public License (GPL) v.3.0 or other applicable 750license. 751 752Third party software is licensed under the license of such third 753party. 754 7551.2 Consecutive license grant (subscription) 756 757If the license grant is agreed to be consecutive (see stipulation on 758Front page), it shall be effective for the period the consecutive 759license fee (subscription fee) is paid and this license is otherwise 760complied to. The payment of the consecutive license fee entitles the 761Customer to Updates and New versions of the Software (as stipulated in 762appendix 1). 763 7641.3 Perpetual license grant 765 766If the license grant is agreed to be perpetual (see stipulation on 767Front page), the grant is for ever, provided the license terms are 768complied to. The perpetual license grant is limited to current the 769version of the Software at the Effective date. Updates or New versions 770of the Software are not included, unless stated on the Front page 771(subject to additional fee). 772 7732 DEFINITIONS 774 775The following definitions shall apply to the COSL: 776 777“Instances” means each physical or virtual computer (server or 778client), onto which an installation of the Software takes place. 779 780“New version” (of the Software) means a new edition of the Software 781containing functionality or properties not present in the previous 782edition of the Software. 783 784"Software" means: 785 786a) the CFEngine Enterprise data centre administration software 787downloaded by the Licensee or otherwise given access to including 788bundled documentation and other material, as described at 789http://www.cfengine.com/; and 790 791b) new versions and updates to such software provided by Northern.tech, and 792 793 794“Update” (of Software) means smaller adjustments of the Software with 795the existing functionality, normally by way of installation of new 796copy of the Software. 797 7983 FEES 799 800The Licensee shall pay a license fee per Instance the Software is 801installed on for the license granted herein; either: 802 803a) per time unit (as agreed) e.g. year, for consecutive license grants, or 804 805b) once, for perpetual license grants, for the number of Instances 806stated on the Front page, or any later adjustments. See the Front page 807for further details. 808 8094 INTELLECTUAL PROPERTY RIGHTS 810 811Northern.tech and its suppliers do not by this COSL transfer any 812copyrights or other intellectual property rights relating to the 813Software to the Licensee. Such rights are protected by intellectual 814property legislation in the United States, Europe and other 815jurisdictions and by international treaty provisions. Northern.tech and its 816suppliers retain all rights in the Software that are not expressly 817granted to the Licensee through this COSL. 818 819Licensee is not allowed to remove, alter or destroy any proprietary, 820trademark or copyright markings or notices placed upon or contained 821within the Software. 822 8235 TERMINATION 824 825Northern.tech may terminate the COSL if the Licensee fails to comply with 826the terms of this COSL, hereunder fails to pay the stipulated fees. In 827the event of such termination, the Licensee shall immediately stop 828using the Software, return any received media and documentation, and 829destroy or permanently delete any installed versions of the Software, 830and confirm such destruction or deletion in writing within 7 days. 831 8326 IDEMNIFICATION 833 834If the Software (except for third party software) during the term of 835the license grant is held by a court of competent jurisdiction to 836infringe any third party intellectual property rights and the Licensee 837incurs loss or expense as a result of such holding, then Licenee's 838sole remedy shall be, and Northern.tech will, at its option: (i) obtain the 839right for Licensse to continue to use the Software consistent with the 840COSL; (ii) modify the Software so that it becomes non-infringing; 841(iii) replace the infringing component with a non-infringing 842component, or (iv) refund monies paid by Licensee under the Agreement 843during the prior six (6) months to the court holding (for consecutive 844license grants) or a forth of any perpetual license fee paid, and all 845Licensees rights and licenses under this Agreement shall automatically 846terminate. 847 848The Licensee is aware that the Software is also comprised of third 849party software, mostly open source software. Such third party software 850are subject to its individual license terms, and any claims shall be 851directed at the ultimate right holder to that software. Consequently 852Northern.tech is not liable for any defective title in such third party 853software. See schedule 5 for a list of software contained by the 854Software with related licenses. 855 8567 NO WARRANTY 857 858To the maximum extent permitted by law, Northern.tech disclaims any 859warranty for the Software (except as stated in clause 6). The 860Software, any services and any related documentation is provided on an 861"as is" basis without warranty of any kind, whether express or 862implied, including, but not limited to, implied warranties of 863merchantability, fitness for a particular purpose or non-infringement 864(except as stated in clause 6). Hereunder the parties acknowledges 865that Northern.tech does not warrant for the performance of any data centre 866on which the Software runs, or the absence of any errors in the 867Software, and that any such errors does not constitute a contractual 868defect. 869 8708 LIABILITY 871 872The liability of the parties in contract, tort (including negligence) 873or otherwise shall for all incidents during the entire term of the 874COSL be limited to a fifth of the fees paid for a perpetual license or 875the annual consecutive license fees paid for the Software causing the 876damage or loss, up to a maximum of NOK 100 000. Northern.tech or its 877suppliers shall not be liable for any special, incidental, indirect or 878consequential damages whatsoever (including, without limitation, 879damages for loss of business profits, lost savings, business 880interruption, loss of business information, personal injury, loss of 881privacy, loss of goodwill or any other financial loss) arising out of 882the use of or inability to use the Software, even if advised of the 883possibility of such damages. 884 8859 THIRD-PARTY TERMS 886 887For third-party software that is made available to the Licensee by 888Northern.tech, the current terms of the relevant third party software 889supplier shall apply. 890 891