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.
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12On some systems, code under the Frontier Artistic License
13(/libcompat/snprintf) might become compiled. This is compatible with the
14GPL.
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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
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25 Copyright (C) 2007 Free Software Foundation, Inc. <http://fsf.org/>
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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