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Daniel Shelepanov
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[PBCKP-441] license updated
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LICENSE

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PostgreSQL License
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POSTGRES PROFESSIONAL LICENSE
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FOR CUSTOMERS TO INTERNALLY USE POSTGRES PRO SOFTWARE
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Version 1.2, March 2022
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Copyright (c) 2019-2020, Postgres Professional
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0. Background. Postgres Professional publishes software in "source-available"
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or "open code" form. This means that source code of the software is available
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for inspection and modification.
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Permission to use, copy, modify, and distribute this software and its
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documentation for any purpose, without fee, and without a written agreement is
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hereby granted, provided that the above copyright notice and this paragraph
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and the following two paragraphs appear in all copies.
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1. LICENSE GRANT. If Postgres Professional LLC and Postgres Professional
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Europe Limited (collectively "PgPro") intentionally provides to a legal or
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natural person ("Customer") a copy of the Postgres Pro Software ("Software")
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with an express written statement that this Postgres Professional License
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("PgPro License") shall apply to such copy, then PgPro grants such Customer
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a royalty-free, non-exclusive, worldwide, personal, non-transferable,
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non-sublicensable right to copy, adapt and Internally Use the Software and
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derivative versions of the Software on the condition that Customer complies
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with all terms and limitations of this PgPro License and only to the extent
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expressly permitted under this PgPro License.
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IN NO EVENT SHALL Postgres Professional BE LIABLE TO ANY PARTY FOR DIRECT, INDIRECT,
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SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING
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OUT OF THE USE OF THIS SOFTWARE AND ITS DOCUMENTATION, EVEN IF Postgres Professional
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HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
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"Internally Use" means executing and utilizing the functionality of the
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Software by the Customer through statutory employees and individual
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independent contractors of the Customer, its Affiliates and Service
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Providers ("Customer's Extended Enterprise") for purposes of supporting the
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Customer's internal business processes, subject to written confidentiality
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and non-disclosure agreements that prohibit disclosures of the Software to
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anyone outside Customer's Extended Enterprise, and does not extend to any
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form of distribution, publication, public display, public performance or
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hosting for remote access by anyone who is not part of Customer's Extended
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Enterprise.
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Postgres Professional SPECIFICALLY DISCLAIMS ANY WARRANTIES, INCLUDING, BUT NOT
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LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
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PARTICULAR PURPOSE. THE SOFTWARE PROVIDED HEREUNDER IS ON AN "AS IS" BASIS,
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AND Postgres Professional HAS NO OBLIGATIONS TO PROVIDE MAINTENANCE, SUPPORT, UPDATES,
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ENHANCEMENTS, OR MODIFICATIONS.
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"Affiliate" means any legal entity that is wholly-owned by Customer,
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wholly-owns Customer or is under hundred percent common ownership with
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Customer.
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"Service Provider" means an entity that uses the Software or derivative
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version of the Software that Customer created, solely on behalf and in the
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interest of the Customer (and not for its own purposes or its other
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customers) to provide services other than technical support or modifications
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of the Software. For the avoidance of doubt, PgPro does not grant any
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license directly to Service Providers. Service Providers may only assist
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Customer in exercising Customer's rights under this License. Service
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Providers must not modify the Software or any derivative versions thereof or
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provide Customer with technical support or maintenance concerning the Software.
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2. LIMITATIONS. Customer must not use - or enable or permit anyone to use
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- the Software, except as expressly permitted in Section 1 (License Grant).
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For the avoidance of doubt, Customer must not disclose, distribute, sell,
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publicly display, publicly perform or host on a "cloud," "SaaS," "DBaaS" or
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other remote access basis.
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3. CONFIDENTIALITY. Customer must keep the Software confidential and not
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disclose or use the Software, except as permitted under this PgPro License.
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4. CUSTOMER LICENSE. If Customer shares any improvements, bug fixes, or
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modified versions of the Software or parts thereof or information related
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thereto ("Improvements") with PgPro, then Customer grants PgPro a
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royalty-free, non-exclusive, worldwide, transferable, sublicensable and
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irrevocable license to use, make, sell, import, export, disclose, copy,
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adapt, distribute, publicly display, publicly perform, host for remote
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access and commercialize or utilize in similar or other ways, at PgPro's
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sole discretion, the Improvements.
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5. DISCLAIMER. PGPRO DOES NOT EXTEND ANY EXPRESS REPRESENTATIONS OR
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WARRANTY AND HEREBY DISCLAIMS ANY IMPLIED WARRANTIES AND REPRESENTATIONS
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REGARDING THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY
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OF MERCHANTABILITY, FUNCTIONALITY, QUIET ENJOYMENT, NON-INFRINGEMENT AND
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PROFESSIONAL OR WORKMANLIKE SERVICES PERTAINING TO THE SOFTWARE. PGPRO
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SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST
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PROFITS, LOST DATA, LOST REVENUE, OR INDIRECT, CONSEQUENTIAL, SPECIAL OR
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OTHER DAMAGES CAUSED BY OR RELATED TO THE SOFTWARE.
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6. GENERAL TERMS. This PgPro License shall be governed by, and interpreted
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under, State of California, United States of America, law. Except as
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expressly agreed in a signed written agreement with Customer, PgPro may
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update the terms of this PgPro License at its sole discretion with 90 days
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prior notice to Customer and PgPro does not accept, and hereby expressly
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rejects, any additional or conflicting terms that Customer may propose or
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communicate in standard procurement terms or otherwise.

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