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This software license applies to the repositories, directories, or files that it has been associated with (referred to here as “the Software”). In order to get any license under these terms, you must agree to them as both strict obligations and conditions to all your licenses.
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### License
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New Relic grants you a license for the Software to do everything you might do with the Software that would otherwise infringe the New Relic’s copyrights or patent rights, conditional on only using the Software for Permitted Purposes and compliance with all other Restrictions on Use. All other uses are prohibited.
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### Permitted Purposes
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The Software is solely for use with New Relic’s proprietary SaaS service (“New Relic Service”). To use the Software you must have a valid and active subscription agreement to the New Relic Service. You may not use the Software in conjunction with any other similar service.
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### Restrictions on Use
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1. The use of the Software is limited to you and your organization. You cannot expose the Software to third parties via the network or use the Software on behalf of anyone else.
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2. You cannot modify the Software. You can compile or link the Software into your programs as described in the New Relic Documentation, but you cannot otherwise make any derivative works of the Software.
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3. You cannot reverse engineer or decompile the Software.
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4. You cannot use the Software for competitive analysis, benchmarking, or any purposes that compete with or are intended to compete with New Relic.
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5. You cannot remove or obscure any proprietary notices in the Software.
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6. You can only copy the Software to the extent needed to use the Software within your organization. You cannot distribute the Software to any third parties.
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7. You can only use the New Relic Services and the Software consistent with your subscription agreement with New Relic, New Relic’s product Documentation and Acceptable Use Policy.
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### Intellectual Property
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Any feedback provided to New Relic about the Software, including feedback provided as source code, comments, or other copyrightable or patentable material, is provided to New Relic under the terms of the Apache Software License, version 2. If you do not provide attribution information or a copy of the license with your feedback, you waive the performance of those requirements of the Apache License with respect to New Relic. The license grant regarding any feedback is irrevocable and persists past the termination of this license.
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### Termination
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This license terminates when the Software stops being provided by New Relic or when described by the New Relic subscription agreement, whichever comes first. When this license terminates, you have a commercially reasonable time to either remove the Software from your systems.
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### Other Terms
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1. The Software is provided “AS IS.” New Relic disclaims all warranties, whether express, implied, statutory or otherwise, including warranties of merchantability, fitness for a particular purpose, title, and noninfringement.
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2. To the full extent permitted by law, New Relic will have no liability arising from or related to the Software or from this license for any direct, indirect, special, incidental, or consequential damages of any kind, even if advised of their possibility in advance, and regardless of legal theory (whether contract, tort, negligence, strict liability or otherwise).
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3. The Software may contain third-party software, including open source software (“OSS”). The third party software is governed by its own license and subject to its own terms, disclosed in the provided licensing information associated with the third party components. If a source code disclosure is required under the terms of the license covering any OSS component, the source code can be requested of New Relic by emailing [email protected].
To secure commitments from participants for the full text of a Community or Business Group Report, the group may call for voluntary commitments to the following terms; a "summary" is available. See also the related "W3C Community Contributor License Agreement".
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1. The Purpose of this Agreement.
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This Agreement sets forth the terms under which I make certain copyright and patent rights available to you for your implementation of the Specification.
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Any other capitalized terms not specifically defined herein have the same meaning as those terms have in the "W3C Patent Policy", and if not defined there, in the "W3C Process Document".
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2. Copyrights.
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2.1. Copyright Grant. I grant to you a perpetual (for the duration of the applicable copyright), worldwide, non-exclusive, no-charge, royalty-free, copyright license, without any obligation for accounting to me, to reproduce, prepare derivative works of, publicly display, publicly perform, sublicense, distribute, and implement the Specification to the full extent of my copyright interest in the Specification.
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2.2. Attribution. As a condition of the copyright grant, you must include an attribution to the Specification in any derivative work you make based on the Specification. That attribution must include, at minimum, the Specification name and version number.
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3. Patents.
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3.1. Patent Licensing Commitment. I agree to license my Essential Claims under the W3C Community RF Licensing Requirements. This requirement includes Essential Claims that I own and any that I have the right to license without obligation of payment or other consideration to an unrelated third party. W3C Community RF Licensing Requirements obligations made concerning the Specification and described in this policy are binding on me for the life of the patents in question and encumber the patents containing Essential Claims, regardless of changes in participation status or W3C Membership. I also agree to license my Essential Claims under the W3C Community RF Licensing Requirements in derivative works of the Specification so long as all normative portions of the Specification are maintained and that this licensing commitment does not extend to any portion of the derivative work that was not included in the Specification.
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3.2. Optional, Additional Patent Grant. In addition to the provisions of Section 3.1, I may also, at my option, make certain intellectual property rights infringed by implementations of the Specification, including Essential Claims, available by providing those terms via the W3C Web site.
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4. No Other Rights. Except as specifically set forth in this Agreement, no other express or implied patent, trademark, copyright, or other property rights are granted under this Agreement, including by implication, waiver, or estoppel.
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5. Antitrust Compliance. I acknowledge that I may compete with other participants, that I am under no obligation to implement the Specification, that each participant is free to develop competing technologies and standards, and that each party is free to license its patent rights to third parties, including for the purpose of enabling competing technologies and standards.
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6. Non-Circumvention. I agree that I will not intentionally take or willfully assist any third party to take any action for the purpose of circumventing my obligations under this Agreement.
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7. Transition to W3C Recommendation Track. The Specification developed by the Project may transition to the W3C Recommendation Track. The W3C Team is responsible for notifying me that a Corresponding Working Group has been chartered. I have no obligation to join the Corresponding Working Group. If the Specification developed by the Project transitions to the W3C Recommendation Track, the following terms apply:
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7.1. If I join the Corresponding Working Group. If I join the Corresponding Working Group, I will be subject to all W3C rules, obligations, licensing commitments, and policies that govern that Corresponding Working Group.
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7.2. If I Do Not Join the Corresponding Working Group.
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7.2.1. Licensing Obligations to Resulting Specification. If I do not join the Corresponding Working Group, I agree to offer patent licenses according to the W3C Royalty-Free licensing requirements described in Section 5 of the W3C Patent Policy for the portions of the Specification included in the resulting Recommendation. This licensing commitment does not extend to any portion of an implementation of the Recommendation that was not included in the Specification. This licensing commitment may not be revoked but may be modified through the exclusion process defined in Section 4 of the W3C Patent Policy. I am not required to join the Corresponding Working Group to exclude patents from the W3C Royalty-Free licensing commitment, but must otherwise follow the normal exclusion procedures defined by the W3C Patent Policy. The W3C Team will notify me of any Call for Exclusion in the Corresponding Working Group as set forth in Section 4.5 of the W3C Patent Policy.
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7.2.2. No Disclosure Obligation. If I do not join the Corresponding Working Group, I have no patent disclosure obligations outside of those set forth in Section 6 of the W3C Patent Policy.
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8. Conflict of Interest. I will disclose significant relationships when those relationships might reasonably be perceived as creating a conflict of interest with my role. I will notify W3C of any change in my affiliation using W3C-provided mechanisms.
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9. Representations, Warranties and Disclaimers. I represent and warrant that I am legally entitled to grant the rights and promises set forth in this Agreement. IN ALL OTHER RESPECTS THE SPECIFICATION IS PROVIDED “AS IS.” The entire risk as to implementing or otherwise using the Specification is assumed by the implementer and user. Except as stated herein, I expressly disclaim any warranties (express, implied, or otherwise), including implied warranties of merchantability, non-infringement, fitness for a particular purpose, or title, related to the Specification. IN NO EVENT WILL ANY PARTY BE LIABLE TO ANY OTHER PARTY FOR LOST PROFITS OR ANY FORM OF INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER FROM ANY CAUSES OF ACTION OF ANY KIND WITH RESPECT TO THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. All of my obligations under Section 3 regarding the transfer, successors in interest, or assignment of Granted Claims will be satisfied if I notify the transferee or assignee of any patent that I know contains Granted Claims of the obligations under Section 3. Nothing in this Agreement requires me to undertake a patent search.
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10. Definitions.
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10.1. Agreement. “Agreement” means this W3C Community Final Specification Agreement.
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10.2. Corresponding Working Group. “Corresponding Working Group” is a W3C Working Group that is chartered to develop a Recommendation, as defined in the W3C Process Document, that takes the Specification as an input.
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10.3. Essential Claims. “Essential Claims” shall mean all claims in any patent or patent application in any jurisdiction in the world that would necessarily be infringed by implementation of the Specification. A claim is necessarily infringed hereunder only when it is not possible to avoid infringing it because there is no non-infringing alternative for implementing the normative portions of the Specification. Existence of a non-infringing alternative shall be judged based on the state of the art at the time of the publication of the Specification. The following are expressly excluded from and shall not be deemed to constitute Essential Claims:
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10.3.1. any claims other than as set forth above even if contained in the same patent as Essential Claims; and
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10.3.2. claims which would be infringed only by:
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portions of an implementation that are not specified in the normative portions of the Specification, or
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enabling technologies that may be necessary to make or use any product or portion thereof that complies with the Specification and are not themselves expressly set forth in the Specification (e.g., semiconductor manufacturing technology, compiler technology, object-oriented technology, basic operating system technology, and the like); or
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the implementation of technology developed elsewhere and merely incorporated by reference in the body of the Specification.
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10.3.3. design patents and design registrations.
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For purposes of this definition, the normative portions of the Specification shall be deemed to include only architectural and interoperability requirements. Optional features in the RFC 2119 sense are considered normative unless they are specifically identified as informative. Implementation examples or any other material that merely illustrate the requirements of the Specification are informative, rather than normative.
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10.4. I, Me, or My. “I,” “me,” or “my” refers to the signatory.
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10.5 Project. “Project” means the W3C Community Group or Business Group for which I executed this Agreement.
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10.6. Specification. “Specification” means the Specification identified by the Project as the target of this agreement in a call for Final Specification Commitments. W3C shall provide the authoritative mechanisms for the identification of this Specification.
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10.7. W3C Community RF Licensing Requirements. “W3C Community RF Licensing Requirements” license shall mean a non-assignable, non-sublicensable license to make, have made, use, sell, have sold, offer to sell, import, and distribute and dispose of implementations of the Specification that:
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10.7.1. shall be available to all, worldwide, whether or not they are W3C Members;
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10.7.2. shall extend to all Essential Claims owned or controlled by me;
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10.7.3. may be limited to implementations of the Specification, and to what is required by the Specification;
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10.7.4. may be conditioned on a grant of a reciprocal RF license (as defined in this policy) to all Essential Claims owned or controlled by the licensee. A reciprocal license may be required to be available to all, and a reciprocal license may itself be conditioned on a further reciprocal license from all.
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10.7.5. may not be conditioned on payment of royalties, fees or other consideration;
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10.7.6. may be suspended with respect to any licensee when licensor issued by licensee for infringement of claims essential to implement the Specification or any W3C Recommendation;
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10.7.7. may not impose any further conditions or restrictions on the use of any technology, intellectual property rights, or other restrictions on behavior of the licensee, but may include reasonable, customary terms relating to operation or maintenance of the license relationship such as the following: choice of law and dispute resolution;
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10.7.8. shall not be considered accepted by an implementer who manifests an intent not to accept the terms of the W3C Community RF Licensing Requirements license as offered by the licensor.
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10.7.9. The RF license conforming to the requirements in this policy shall be made available by the licensor as long as the Specification is in effect. The term of such license shall be for the life of the patents in question.
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I am encouraged to provide a contact from which licensing information can be obtained and other relevant licensing information. Any such information will be made publicly available.
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10.8. You or Your. “You,” “you,” or “your” means any person or entity who exercises copyright or patent rights granted under this Agreement, and any person that person or entity controls.
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