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Docs - Ingestion License (#17893)
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Apache License
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Version 2.0, January 2004
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http://www.apache.org/licenses/
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Collate Community License Agreement
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Version 1.0
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TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
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This Collate Community License Agreement Version 1.0 (the “Agreement”) sets
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forth the terms on which Collate, Inc. (“Collate”) makes available certain
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software made available by Collate under this Agreement (the “Software”). BY
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INSTALLING, DOWNLOADING, ACCESSING, USING OR DISTRIBUTING ANY OF THE SOFTWARE,
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YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO
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SUCH TERMS AND CONDITIONS, YOU MUST NOT USE THE SOFTWARE. IF YOU ARE RECEIVING
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THE SOFTWARE ON BEHALF OF A LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU
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HAVE THE ACTUAL AUTHORITY TO AGREE TO THE TERMS AND CONDITIONS OF THIS
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AGREEMENT ON BEHALF OF SUCH ENTITY. “Licensee” means you, an individual, or
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the entity on whose behalf you are receiving the Software.
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1. Definitions.
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1. LICENSE GRANT AND CONDITIONS.
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"License" shall mean the terms and conditions for use, reproduction,
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and distribution as defined by Sections 1 through 9 of this document.
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1.1 License. Subject to the terms and conditions of this Agreement,
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Collate hereby grants to Licensee a non-exclusive, royalty-free,
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worldwide, non-transferable, non-sublicenseable license during the term
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of this Agreement to: (a) use the Software; (b) prepare modifications and
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derivative works of the Software; (c) distribute the Software (including
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without limitation in source code or object code form); and (d) reproduce
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copies of the Software (the “License”). Licensee is not granted the
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right to, and Licensee shall not, exercise the License for an Excluded
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Purpose. For purposes of this Agreement, “Excluded Purpose” means making
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available any software-as-a-service, platform-as-a-service,
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infrastructure-as-a-service or other similar online service that competes
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with Collate products or services that provide the Software.
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"Licensor" shall mean the copyright owner or entity authorized by
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the copyright owner that is granting the License.
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1.2 Conditions. In consideration of the License, Licensee’s distribution
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of the Software is subject to the following conditions:
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"Legal Entity" shall mean the union of the acting entity and all
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other entities that control, are controlled by, or are under common
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control with that entity. For the purposes of this definition,
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"control" means (i) the power, direct or indirect, to cause the
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direction or management of such entity, whether by contract or
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otherwise, or (ii) ownership of fifty percent (50%) or more of the
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outstanding shares, or (iii) beneficial ownership of such entity.
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(a) Licensee must cause any Software modified by Licensee to carry
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prominent notices stating that Licensee modified the Software.
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"You" (or "Your") shall mean an individual or Legal Entity
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exercising permissions granted by this License.
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(b) On each Software copy, Licensee shall reproduce and not remove or
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alter all Collate or third party copyright or other proprietary
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notices contained in the Software, and Licensee must provide the
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notice below with each copy.
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"Source" form shall mean the preferred form for making modifications,
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including but not limited to software source code, documentation
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source, and configuration files.
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“This software is made available by Collate, Inc., under the
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terms of the Collate Community License Agreement, Version 1.0
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located at http://www.getcollate.io/collate-community-license. BY
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INSTALLING, DOWNLOADING, ACCESSING, USING OR DISTRIBUTING ANY OF
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THE SOFTWARE, YOU AGREE TO THE TERMS OF SUCH LICENSE AGREEMENT.”
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"Object" form shall mean any form resulting from mechanical
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transformation or translation of a Source form, including but
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not limited to compiled object code, generated documentation,
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and conversions to other media types.
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1.3 Licensee Modifications. Licensee may add its own copyright notices
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to modifications made by Licensee and may provide additional or different
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license terms and conditions for use, reproduction, or distribution of
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Licensee’s modifications. While redistributing the Software or
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modifications thereof, Licensee may choose to offer, for a fee or free of
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charge, support, warranty, indemnity, or other obligations. Licensee, and
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not Collate, will be responsible for any such obligations.
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"Work" shall mean the work of authorship, whether in Source or
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Object form, made available under the License, as indicated by a
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copyright notice that is included in or attached to the work
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(an example is provided in the Appendix below).
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1.4 No Sublicensing. The License does not include the right to
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sublicense the Software, however, each recipient to which Licensee
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provides the Software may exercise the Licenses so long as such recipient
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agrees to the terms and conditions of this Agreement.
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"Derivative Works" shall mean any work, whether in Source or Object
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form, that is based on (or derived from) the Work and for which the
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editorial revisions, annotations, elaborations, or other modifications
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represent, as a whole, an original work of authorship. For the purposes
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of this License, Derivative Works shall not include works that remain
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separable from, or merely link (or bind by name) to the interfaces of,
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the Work and Derivative Works thereof.
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2. TERM AND TERMINATION. This Agreement will continue unless and until
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earlier terminated as set forth herein. If Licensee breaches any of its
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conditions or obligations under this Agreement, this Agreement will
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terminate automatically and the License will terminate automatically and
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permanently.
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"Contribution" shall mean any work of authorship, including
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the original version of the Work and any modifications or additions
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to that Work or Derivative Works thereof, that is intentionally
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submitted to Licensor for inclusion in the Work by the copyright owner
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or by an individual or Legal Entity authorized to submit on behalf of
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the copyright owner. For the purposes of this definition, "submitted"
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means any form of electronic, verbal, or written communication sent
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to the Licensor or its representatives, including but not limited to
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communication on electronic mailing lists, source code control systems,
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and issue tracking systems that are managed by, or on behalf of, the
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Licensor for the purpose of discussing and improving the Work, but
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excluding communication that is conspicuously marked or otherwise
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designated in writing by the copyright owner as "Not a Contribution."
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3. INTELLECTUAL PROPERTY. As between the parties, Collate will retain all
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right, title, and interest in the Software, and all intellectual property
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rights therein. Collate hereby reserves all rights not expressly granted
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to Licensee in this Agreement. Collate hereby reserves all rights in its
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trademarks and service marks, and no licenses therein are granted in this
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Agreement.
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"Contributor" shall mean Licensor and any individual or Legal Entity
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on behalf of whom a Contribution has been received by Licensor and
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subsequently incorporated within the Work.
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4. DISCLAIMER. COLLATE HEREBY DISCLAIMS ANY AND ALL WARRANTIES AND
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CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND SPECIFICALLY
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DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
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PURPOSE, WITH RESPECT TO THE SOFTWARE.
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2. Grant of Copyright License. Subject to the terms and conditions of
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this License, each Contributor hereby grants to You a perpetual,
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worldwide, non-exclusive, no-charge, royalty-free, irrevocable
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copyright license to reproduce, prepare Derivative Works of,
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publicly display, publicly perform, sublicense, and distribute the
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Work and such Derivative Works in Source or Object form.
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5. LIMITATION OF LIABILITY. COLLATE WILL NOT BE LIABLE FOR ANY DAMAGES OF
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ANY KIND, INCLUDING BUT NOT LIMITED TO, LOST PROFITS OR ANY CONSEQUENTIAL,
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SPECIAL, INCIDENTAL, INDIRECT, OR DIRECT DAMAGES, HOWEVER CAUSED AND ON ANY
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THEORY OF LIABILITY, ARISING OUT OF THIS AGREEMENT. THE FOREGOING SHALL
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APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
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3. Grant of Patent License. Subject to the terms and conditions of
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this License, each Contributor hereby grants to You a perpetual,
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worldwide, non-exclusive, no-charge, royalty-free, irrevocable
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(except as stated in this section) patent license to make, have made,
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use, offer to sell, sell, import, and otherwise transfer the Work,
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where such license applies only to those patent claims licensable
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by such Contributor that are necessarily infringed by their
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Contribution(s) alone or by combination of their Contribution(s)
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with the Work to which such Contribution(s) was submitted. If You
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institute patent litigation against any entity (including a
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cross-claim or counterclaim in a lawsuit) alleging that the Work
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or a Contribution incorporated within the Work constitutes direct
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or contributory patent infringement, then any patent licenses
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granted to You under this License for that Work shall terminate
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as of the date such litigation is filed.
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6.GENERAL.
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4. Redistribution. You may reproduce and distribute copies of the
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Work or Derivative Works thereof in any medium, with or without
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modifications, and in Source or Object form, provided that You
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meet the following conditions:
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6.1 Governing Law. This Agreement will be governed by and interpreted in
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accordance with the laws of the state of California, without reference to
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its conflict of laws principles. If Licensee is located within the
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United States, all disputes arising out of this Agreement are subject to
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the exclusive jurisdiction of courts located in Santa Clara County,
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California. USA. If Licensee is located outside of the United States,
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any dispute, controversy or claim arising out of or relating to this
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Agreement will be referred to and finally determined by arbitration in
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accordance with the JAMS International Arbitration Rules. The tribunal
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will consist of one arbitrator. The place of arbitration will be Palo
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Alto, California. The language to be used in the arbitral proceedings
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will be English. Judgment upon the award rendered by the arbitrator may
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be entered in any court having jurisdiction thereof.
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(a) You must give any other recipients of the Work or
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Derivative Works a copy of this License; and
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6.2 Assignment. Licensee is not authorized to assign its rights under
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this Agreement to any third party. Collate may freely assign its rights
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under this Agreement to any third party.
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(b) You must cause any modified files to carry prominent notices
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stating that You changed the files; and
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(c) You must retain, in the Source form of any Derivative Works
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that You distribute, all copyright, patent, trademark, and
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attribution notices from the Source form of the Work,
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excluding those notices that do not pertain to any part of
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the Derivative Works; and
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(d) If the Work includes a "NOTICE" text file as part of its
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distribution, then any Derivative Works that You distribute must
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include a readable copy of the attribution notices contained
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within such NOTICE file, excluding those notices that do not
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pertain to any part of the Derivative Works, in at least one
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of the following places: within a NOTICE text file distributed
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as part of the Derivative Works; within the Source form or
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documentation, if provided along with the Derivative Works; or,
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within a display generated by the Derivative Works, if and
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wherever such third-party notices normally appear. The contents
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of the NOTICE file are for informational purposes only and
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do not modify the License. You may add Your own attribution
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notices within Derivative Works that You distribute, alongside
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or as an addendum to the NOTICE text from the Work, provided
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that such additional attribution notices cannot be construed
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as modifying the License.
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You may add Your own copyright statement to Your modifications and
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may provide additional or different license terms and conditions
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for use, reproduction, or distribution of Your modifications, or
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for any such Derivative Works as a whole, provided Your use,
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reproduction, and distribution of the Work otherwise complies with
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the conditions stated in this License.
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5. Submission of Contributions. Unless You explicitly state otherwise,
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any Contribution intentionally submitted for inclusion in the Work
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by You to the Licensor shall be under the terms and conditions of
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this License, without any additional terms or conditions.
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Notwithstanding the above, nothing herein shall supersede or modify
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the terms of any separate license agreement you may have executed
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with Licensor regarding such Contributions.
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6. Trademarks. This License does not grant permission to use the trade
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names, trademarks, service marks, or product names of the Licensor,
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except as required for reasonable and customary use in describing the
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origin of the Work and reproducing the content of the NOTICE file.
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7. Disclaimer of Warranty. Unless required by applicable law or
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agreed to in writing, Licensor provides the Work (and each
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Contributor provides its Contributions) on an "AS IS" BASIS,
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WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or
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implied, including, without limitation, any warranties or conditions
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of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A
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PARTICULAR PURPOSE. You are solely responsible for determining the
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appropriateness of using or redistributing the Work and assume any
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risks associated with Your exercise of permissions under this License.
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8. Limitation of Liability. In no event and under no legal theory,
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whether in tort (including negligence), contract, or otherwise,
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unless required by applicable law (such as deliberate and grossly
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negligent acts) or agreed to in writing, shall any Contributor be
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liable to You for damages, including any direct, indirect, special,
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incidental, or consequential damages of any character arising as a
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result of this License or out of the use or inability to use the
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Work (including but not limited to damages for loss of goodwill,
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work stoppage, computer failure or malfunction, or any and all
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other commercial damages or losses), even if such Contributor
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has been advised of the possibility of such damages.
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9. Accepting Warranty or Additional Liability. While redistributing
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the Work or Derivative Works thereof, You may choose to offer,
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and charge a fee for, acceptance of support, warranty, indemnity,
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||||
or other liability obligations and/or rights consistent with this
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License. However, in accepting such obligations, You may act only
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on Your own behalf and on Your sole responsibility, not on behalf
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of any other Contributor, and only if You agree to indemnify,
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defend, and hold each Contributor harmless for any liability
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incurred by, or claims asserted against, such Contributor by reason
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of your accepting any such warranty or additional liability.
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END OF TERMS AND CONDITIONS
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APPENDIX: How to apply the Apache License to your work.
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To apply the Apache License to your work, attach the following
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boilerplate notice, with the fields enclosed by brackets "[]"
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replaced with your own identifying information. (Don't include
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the brackets!) The text should be enclosed in the appropriate
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comment syntax for the file format. We also recommend that a
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file or class name and description of purpose be included on the
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same "printed page" as the copyright notice for easier
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identification within third-party archives.
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Copyright [yyyy] [name of copyright owner]
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Licensed under the Apache License, Version 2.0 (the "License");
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you may not use this file except in compliance with the License.
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You may obtain a copy of the License at
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http://www.apache.org/licenses/LICENSE-2.0
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Unless required by applicable law or agreed to in writing, software
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distributed under the License is distributed on an "AS IS" BASIS,
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WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.
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See the License for the specific language governing permissions and
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limitations under the License.
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6.3 Other. This Agreement is the entire agreement between the parties
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regarding the subject matter hereof. No amendment or modification of
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this Agreement will be valid or binding upon the parties unless made in
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writing and signed by the duly authorized representatives of both
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parties. In the event that any provision, including without limitation
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any condition, of this Agreement is held to be unenforceable, this
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Agreement and all licenses and rights granted hereunder will immediately
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terminate. Waiver by Collate of a breach of any provision of this
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Agreement or the failure by Collate to exercise any right hereunder
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will not be construed as a waiver of any subsequent breach of that right
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or as a waiver of any other right.
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