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Update to Snowplow Community Licence (closes #27)
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251 changes: 50 additions & 201 deletions LICENSE
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# Snowplow Community License Agreement

Apache License
Version 2.0, January 2004
http://www.apache.org/licenses/

TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION

1. Definitions.

"License" shall mean the terms and conditions for use, reproduction,
and distribution as defined by Sections 1 through 9 of this document.

"Licensor" shall mean the copyright owner or entity authorized by
the copyright owner that is granting the License.

"Legal Entity" shall mean the union of the acting entity and all
other entities that control, are controlled by, or are under common
control with that entity. For the purposes of this definition,
"control" means (i) the power, direct or indirect, to cause the
direction or management of such entity, whether by contract or
otherwise, or (ii) ownership of fifty percent (50%) or more of the
outstanding shares, or (iii) beneficial ownership of such entity.

"You" (or "Your") shall mean an individual or Legal Entity
exercising permissions granted by this License.

"Source" form shall mean the preferred form for making modifications,
including but not limited to software source code, documentation
source, and configuration files.

"Object" form shall mean any form resulting from mechanical
transformation or translation of a Source form, including but
not limited to compiled object code, generated documentation,
and conversions to other media types.

"Work" shall mean the work of authorship, whether in Source or
Object form, made available under the License, as indicated by a
copyright notice that is included in or attached to the work
(an example is provided in the Appendix below).

"Derivative Works" shall mean any work, whether in Source or Object
form, that is based on (or derived from) the Work and for which the
editorial revisions, annotations, elaborations, or other modifications
represent, as a whole, an original work of authorship. For the purposes
of this License, Derivative Works shall not include works that remain
separable from, or merely link (or bind by name) to the interfaces of,
the Work and Derivative Works thereof.

"Contribution" shall mean any work of authorship, including
the original version of the Work and any modifications or additions
to that Work or Derivative Works thereof, that is intentionally
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means any form of electronic, verbal, or written communication sent
to the Licensor or its representatives, including but not limited to
communication on electronic mailing lists, source code control systems,
and issue tracking systems that are managed by, or on behalf of, the
Licensor for the purpose of discussing and improving the Work, but
excluding communication that is conspicuously marked or otherwise
designated in writing by the copyright owner as "Not a Contribution."

"Contributor" shall mean Licensor and any individual or Legal Entity
on behalf of whom a Contribution has been received by Licensor and
subsequently incorporated within the Work.

2. Grant of Copyright License. Subject to the terms and conditions of
this License, each Contributor hereby grants to You a perpetual,
worldwide, non-exclusive, no-charge, royalty-free, irrevocable
copyright license to reproduce, prepare Derivative Works of,
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Work and such Derivative Works in Source or Object form.

3. Grant of Patent License. Subject to the terms and conditions of
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(except as stated in this section) patent license to make, have made,
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where such license applies only to those patent claims licensable
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or a Contribution incorporated within the Work constitutes direct
or contributory patent infringement, then any patent licenses
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4. Redistribution. You may reproduce and distribute copies of the
Work or Derivative Works thereof in any medium, with or without
modifications, and in Source or Object form, provided that You
meet the following conditions:

(a) You must give any other recipients of the Work or
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(b) You must cause any modified files to carry prominent notices
stating that You changed the files; and

(c) You must retain, in the Source form of any Derivative Works
that You distribute, all copyright, patent, trademark, and
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(d) If the Work includes a "NOTICE" text file as part of its
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of the following places: within a NOTICE text file distributed
as part of the Derivative Works; within the Source form or
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do not modify the License. You may add Your own attribution
notices within Derivative Works that You distribute, alongside
or as an addendum to the NOTICE text from the Work, provided
that such additional attribution notices cannot be construed
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You may add Your own copyright statement to Your modifications and
may provide additional or different license terms and conditions
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for any such Derivative Works as a whole, provided Your use,
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the conditions stated in this License.

5. Submission of Contributions. Unless You explicitly state otherwise,
any Contribution intentionally submitted for inclusion in the Work
by You to the Licensor shall be under the terms and conditions of
this License, without any additional terms or conditions.
Notwithstanding the above, nothing herein shall supersede or modify
the terms of any separate license agreement you may have executed
with Licensor regarding such Contributions.

6. Trademarks. This License does not grant permission to use the trade
names, trademarks, service marks, or product names of the Licensor,
except as required for reasonable and customary use in describing the
origin of the Work and reproducing the content of the NOTICE file.

7. Disclaimer of Warranty. Unless required by applicable law or
agreed to in writing, Licensor provides the Work (and each
Contributor provides its Contributions) on an "AS IS" BASIS,
WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or
implied, including, without limitation, any warranties or conditions
of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A
PARTICULAR PURPOSE. You are solely responsible for determining the
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risks associated with Your exercise of permissions under this License.

8. Limitation of Liability. In no event and under no legal theory,
whether in tort (including negligence), contract, or otherwise,
unless required by applicable law (such as deliberate and grossly
negligent acts) or agreed to in writing, shall any Contributor be
liable to You for damages, including any direct, indirect, special,
incidental, or consequential damages of any character arising as a
result of this License or out of the use or inability to use the
Work (including but not limited to damages for loss of goodwill,
work stoppage, computer failure or malfunction, or any and all
other commercial damages or losses), even if such Contributor
has been advised of the possibility of such damages.

9. Accepting Warranty or Additional Liability. While redistributing
the Work or Derivative Works thereof, You may choose to offer,
and charge a fee for, acceptance of support, warranty, indemnity,
or other liability obligations and/or rights consistent with this
License. However, in accepting such obligations, You may act only
on Your own behalf and on Your sole responsibility, not on behalf
of any other Contributor, and only if You agree to indemnify,
defend, and hold each Contributor harmless for any liability
incurred by, or claims asserted against, such Contributor by reason
of your accepting any such warranty or additional liability.

END OF TERMS AND CONDITIONS

APPENDIX: How to apply the Apache License to your work.

To apply the Apache License to your work, attach the following
boilerplate notice, with the fields enclosed by brackets "[]"
replaced with your own identifying information. (Don't include
the brackets!) The text should be enclosed in the appropriate
comment syntax for the file format. We also recommend that a
file or class name and description of purpose be included on the
same "printed page" as the copyright notice for easier
identification within third-party archives.

Copyright 2021-2023 Snowplow Analytics Ltd.

Licensed under the Apache License, Version 2.0 (the "License");
you may not use this file except in compliance with the License.
You may obtain a copy of the License at

http://www.apache.org/licenses/LICENSE-2.0

Unless required by applicable law or agreed to in writing, software
distributed under the License is distributed on an "AS IS" BASIS,
WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.
See the License for the specific language governing permissions and
limitations under the License.
_Version 1.0, January 2023_

This Snowplow Community License Agreement, Version 1.0 (the “Agreement”) sets forth the terms on which Snowplow Analytics, Ltd. (“Snowplow”) makes available certain software made available by Snowplow under this Agreement (the “Software”). BY INSTALLING, DOWNLOADING, ACCESSING, OR USING ANY OF THE SOFTWARE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO SUCH TERMS AND CONDITIONS, YOU MUST NOT USE THE SOFTWARE. IF YOU ARE RECEIVING THE SOFTWARE ON BEHALF OF A LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE ACTUAL AUTHORITY TO AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT ON BEHALF OF SUCH ENTITY. “Licensee” means you, an individual, or the entity on whose behalf you are receiving the Software.

## LICENSE GRANT AND CONDITIONS

**1.1 License.** Subject to the terms and conditions of this Agreement, Snowplow hereby grants to Licensee a non-exclusive, royalty-free, worldwide, non-transferable, non-sublicenseable license during the term of this Agreement to: (a) use the Software; (b) prepare modifications and derivative works of the Software; and (c) reproduce copies of the Software (the “License”). No right to distribute or make available the Software is granted under this License. Licensee is not granted the right to, and Licensee shall not, exercise the License for an Excluded Purpose. For purposes of this Agreement, “Excluded Purpose” means making available any on-premises or distributed software product, software-as-a-service, platform-as-a-service, infrastructure-as-a-service, or other similar online service, that competes with any products or services that Snowplow or any of its affiliates provides using the Software.

**1.2 Conditions.** In consideration of the License, Licensee’s distribution of the Software is subject to the following conditions:

* **a.** Licensee must cause any Software modified by Licensee to carry prominent notices stating that Licensee modified the Software.

* **b.** On each Software copy, Licensee shall reproduce and not remove or alter all Snowplow or third party copyright or other proprietary notices contained in the Software, and Licensee must include the notice below on each copy.

```
This software is made available by Snowplow Analytics, Ltd.,
under the terms of the Snowplow Community License Agreement, Version 1.0
located at https://docs.snowplow.io/community-license-1.0
BY INSTALLING, DOWNLOADING, ACCESSING, USING OR DISTRIBUTING ANY OF THE SOFTWARE,
YOU AGREE TO THE TERMS OF SUCH LICENSE AGREEMENT.
```

**1.3 Licensee Modifications.** Licensee may add its own copyright notices to modifications made by Licensee.

**1.4 No Sublicensing.** The License does not include the right to sublicense the Software, however, each recipient to which Licensee provides the Software may exercise the Licenses so long as such recipient agrees to the terms and conditions of this Agreement.

## TERM AND TERMINATION

This Agreement will continue unless and until earlier terminated as set forth herein. If Licensee breaches any of its conditions or obligations under this Agreement, this Agreement will terminate automatically and the License will terminate automatically and permanently.

## INTELLECTUAL PROPERTY

As between the parties, Snowplow will retain all right, title, and interest in the Software, and all intellectual property rights therein. Snowplow hereby reserves all rights not expressly granted to Licensee in this Agreement. Snowplow hereby reserves all rights in its trademarks and service marks, and no licenses therein are granted in this Agreement.

## DISCLAIMER

SNOWPLOW HEREBY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE.

## LIMITATION OF LIABILITY

SNOWPLOW WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOST PROFITS OR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR DIRECT DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, ARISING OUT OF THIS AGREEMENT. THE FOREGOING SHALL APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

## GENERAL

**6.1 Governing Law.** This Agreement will be governed by and interpreted in accordance with the laws of the state of Delaware, without reference to its conflict of laws principles. If Licensee is located within the United States, all disputes arising out of this Agreement are subject to the exclusive jurisdiction of courts located in Delaware, USA. If Licensee is located outside of the United States, any dispute, controversy or claim arising out of or relating to this Agreement will be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. The tribunal will consist of one arbitrator. The place of arbitration will be in the State of Delaware, USA. The language to be used in the arbitral proceedings will be English. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

**6.2. Assignment.** Licensee is not authorized to assign its rights under this Agreement to any third party. Snowplow may freely assign its rights under this Agreement to any third party.

**6.3. Other.** This Agreement is the entire agreement between the parties regarding the subject matter hereof. No amendment or modification of this Agreement will be valid or binding upon the parties unless made in writing and signed by the duly authorized representatives of both parties. In the event that any provision, including without limitation any condition, of this Agreement is held to be unenforceable, this Agreement and all licenses and rights granted hereunder will immediately terminate. Waiver by Snowplow of a breach of any provision of this Agreement or the failure by Snowplow to exercise any right hereunder will not be construed as a waiver of any subsequent breach of that right or as a waiver of any other right.
9 changes: 4 additions & 5 deletions README.md
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Expand Up @@ -158,10 +158,9 @@ module "transformer_kinesis" {

# Copyright and license

The Terraform AWS Transformer Kinesis on EC2 project is Copyright 2021-2023 Snowplow Analytics Ltd.
The Terraform AWS Transformer Kinesis on EC2 project is Copyright 2021-present Snowplow Analytics Ltd.

Licensed under the [Apache License, Version 2.0][license] (the "License");
you may not use this software except in compliance with the License.
Licensed under the [Snowplow Community License](https://docs.snowplow.io/community-license-1.0). _(If you are uncertain how it applies to your use case, check our answers to [frequently asked questions](https://docs.snowplow.io/docs/contributing/community-license-faq/).)_

Unless required by applicable law or agreed to in writing, software
distributed under the License is distributed on an "AS IS" BASIS,
Expand All @@ -175,8 +174,8 @@ limitations under the License.
[ci]: https://github.com/snowplow-devops/terraform-aws-transformer-kinesis-ec2/actions?query=workflow%3Aci
[ci-image]: https://github.com/snowplow-devops/terraform-aws-transformer-kinesis-ec2/workflows/ci/badge.svg

[license]: https://www.apache.org/licenses/LICENSE-2.0
[license-image]: https://img.shields.io/badge/license-Apache--2-blue.svg?style=flat
[license]: https://docs.snowplow.io/docs/contributing/community-license-faq/
[license-image]: https://img.shields.io/badge/license-Snowplow--Community-blue.svg?style=flat

[registry]: https://registry.terraform.io/modules/snowplow-devops/transformer-kinesis-ec2/aws/latest
[registry-image]: https://img.shields.io/static/v1?label=Terraform&message=Registry&color=7B42BC&logo=terraform
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