PLEASE READ THESE TERMS AND CONDITIONS (ESPECIALLY THE CONTENT HIGHLIGHTED IN BOLD) CAREFULLY BEFORE DOWNLOADING OR USING THE SOFTWARE ACCOMPANYING THIS AGREEMENT. BY USING THE SOFTWARE OR BY CLICKING A BUTTON MARKED “I ACCEPT” OR SOMETHING SIMILAR, YOU AGREE TO USE THE SOFTWARE SOLELY IN ACCORDANCE WITH THE FOLLOWING TERMS AND CONDITIONS OF THIS AGREEMENT.
This PingCAP Community Software License Agreement (this “Agreement”) is a legally binding contract between you and PingCAP (US), Inc. (hereinafter referred to as “PingCAP”, PingCAP and its affiliates hereinafter referred to as “PingCAP Group”) and governs your use of the PingCAP Community Software (as defined below). “PingCAP Community Software”, means the community software provided by PingCAP Group, including but not limited to TiDB (community edition), TiFlash Columnstore (community edition), TiSpark (community edition), TiDB Tools and Utilities (community edition), and any TiDB community services or updates for the foregoing software, in addition to all versions of PingCAP’s community software described in section 1 of this Agreement below.
BY INSTALLING OR OTHERWISE USING THE PINGCAP COMMUNITY SOFTWARE OR BY CLICKING A BUTTON MARKED “I ACCEPT”, YOU AGREE TO THE TERMS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THIS AGREEMENT AS OF THE DATE OF SUCH INSTALLMENT OR USE OF THE PINGCAP COMMUNITY SOFTWARE OR THE DATE OF CLICKING A BUTTON MARKED “I ACCEPT” (WHICH DATE IS EARLIEST).
YOU WARRANT THAT YOU ARE AT LEAST EIGHTEEN YEARS OLD AND THAT YOU HAVE THE LEGAL CAPACITY TO ENTER INTO CONTRACTS. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY, ORGANIZATION, OTHER ENTITY OR THEIR AFFILIATES, THEN (A) “YOU” AS USED HEREIN ADDITIONALLY REFERS TO THAT COMPANY, ORGANIZATION, ENTITY OR THEIR AFFILIATES; (B) YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH COMPANY, ORGANIZATION, OR ENTITY TO THE TERMS AND CONDITIONS SET FORTH HEREIN; (C) NO AUTHORIZATION OR APPROVAL FROM ANY THIRD PARTY IS REQUIRED IN CONNECTION WITH YOUR EXECUTION, DELIVERY OR PERFORMANCE OF THIS AGREEMENT; AND (D) THE EXECUTION, DELIVERY AND PERFORMANCE OF THE AGREEMENT DOES NOT AND WILL NOT VIOLATE THE TERMS OR CONDITIONS OF ANY OTHER AGREEMENT TO WHICH YOU ARE A PARTY OR BY WHICH IT IS OTHERWISE BOUND, OR ANY APPLICABLE LAW OR REGULATION. IF YOU DO NOT AGREE TO ANY TERMS OF THIS AGREEMENT OR If You do not have such authority TO EXECUTE THIS AGREEMENT, YOU MUST IMMEDIATELY CEASE USING THE PINGCAP COMMUNITY SOFTWARE AND UNINSTALL AND DELETE ALL COPIES.
- Application of Agreement. If you have installed or used any prior version(s) of the PingCAP Community Software under any other license terms, by installing or using the version of the PingCAP 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 PingCAP Community Software.
- 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 PingCAP Community Software in your possession or control; or (b) PingCAP terminates this Agreement. PingCAP 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 PingCAP notify you of our termination, you must uninstall and delete all copies of the Community Software in your possession or control.
- Modification of agreement. PingCAP may make announcements on https://pingcap.com/licenses/ in advance in case that modification or amendment is necessary to this Agreement; by continuing using the PingCAP Community Software after the announcement about the Agreement modification is made, you shall acknowledge that you have fully read, understood and accepted, and agreed to be bound by the modified Agreement. PingCAP may also modify this Agreement or replace this Agreement with new terms from time to time with any update or new version of the PingCAP Community Software or with notice to you.
- License Grant. The PingCAP Community Software is licensed, not sold, to you. During the term of this Agreement and subject to your compliance with this Agreement, PingCAP grant you a non-exclusive, non-transferable, non-assignable, non-sublicensable, revocable license to install and use the PingCAP Community Software at no charge for your internal business purposes and to develop or commercialize products that interact with the PingCAP Community Software, except the license as expressly stated herein, all related intellectual property rights with the PingCAP Community Software, will remain with PingCAP Group. Furthermore, you shall comply with the restrictions in Section 5 and shall ensure that users of your products also comply with the applicable restrictions in Section 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 PingCAP Community Software that only allow you to use the PingCAP Community Software in certain ways or any security device or protection used for or contained in the PingCAP Community Software; (b) decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the PingCAP 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 PingCAP Community Software); (c) use the PingCAP Community Software that is against the law, including but not limited to transferring the PingCAP 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 PingCAP Community Software on a standalone basis; (e) directly share, commercialize, sell, transfer, license or sublicense the PingCAP Community Software; (f) make any representations or warranties regarding the PingCAP 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; (g) provide any form of commercial technical services based on the PingCAP Community Software without the separate professional service qualification authorization from PingCAP; or (h) provide commercial cloud service or network service based on the PingCAP Community Software and main technical capability outputs without the formal authorization from PingCAP.
- Verification of Use. PingCAP Group may verify that you are using the PingCAP Community Software in compliance with this Agreement, including without limitation through technological features in the PingCAP Community Software that may transmit to us data relating to your use of the PingCAP Community Software. Upon our request, you will provide us with a system-generated information verifying that your use of the PingCAP 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 PingCAP 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 obtained the commercial/enterprise version PingCAP Group's software. PingCAP Group reserves all right to your unlicensed use of PingCAP Community Software.
- No Support Services. You hereby acknowledge and confirm that, PingCAP Community Software is the free community edition of our software, all PingCAP Community Software is provided “as is” with no services or support provided in conjunction with it. Although PingCAP Group organized the users’ community and organized the users of PingCAP Community Software to communicate PingCAP Community Software, PingCAP Group is under no obligation and liability to organize the users to communicate the PingCAP Community Software. PingCAP Group shall not be liable for the potential risks and the tangible or intangible economic losses and legal liabilities caused by the actual system failure of either party when discussing technologies related to the PingCAP community-based software in the user community. PingCAP Group is under no obligation to provide or continue to provide the Community Software (including any update, upgrade or new version) to you, nor liable for any loss and liability that may arise as a result of PingCAP Community Software.
- Disclaimer of Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (a) USE OF ANY PINGCAP 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 PINGCAP 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, PINGCAP 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.
- Limitation of Liability. To the maximum extent permitted by applicable law: in no event will PingCAP. be liable for any direct, 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 PingCAP Community Software.
- 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. PingCAP may, without your consent, transfer our rights or obligations under this Agreement to any member of the PingCAP Group or in connection with any merger or change of control of PingCAP or PingCAP Group provided that any such successor agrees to fulfill its obligations pursuant to this Agreement in our discretion.
- Applicable laws and Dispute Resolution. The laws of the People's Republic of China shall be applicable to the validity, interpretation, modification, implementation and dispute resolution of this Agreement. All disputes arising out of this Agreement shall be dealt with in accordance with the laws of the People's Republic of China, and be subject to the jurisdiction of local people's court where PingCAP is located.
- Language. This Agreement is written in both Chinese and English language. In case of any conflicts between the Chinese version and the English Version, the Chinese version shall prevail.