Update license definition (#277)

Update the license from Elastic License to Elastic License v2.

(cherry picked from commit 432a347)

Author: bpintea

LICENSE.rtf

@@ -1,223 +1,93 @@
-ELASTIC LICENSE AGREEMENT
-
-PLEASE READ CAREFULLY THIS ELASTIC LICENSE AGREEMENT (THIS "AGREEMENT"), WHICH
-CONSTITUTES A LEGALLY BINDING AGREEMENT AND GOVERNS ALL OF YOUR USE OF ALL OF
-THE ELASTIC SOFTWARE WITH WHICH THIS AGREEMENT IS INCLUDED ("ELASTIC SOFTWARE")
-THAT IS PROVIDED IN OBJECT CODE FORMAT, AND, IN ACCORDANCE WITH SECTION 2 BELOW,
-CERTAIN OF THE ELASTIC SOFTWARE THAT IS PROVIDED IN SOURCE CODE FORMAT. BY
-INSTALLING OR USING ANY OF THE ELASTIC SOFTWARE GOVERNED BY THIS AGREEMENT, YOU
-ARE ASSENTING TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE
-WITH SUCH TERMS AND CONDITIONS, YOU MAY NOT INSTALL OR USE THE ELASTIC SOFTWARE
-GOVERNED BY THIS AGREEMENT. IF YOU ARE INSTALLING OR USING 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.
-
-Posted Date: April 20, 2018
-
-This Agreement is entered into by and between Elasticsearch BV ("Elastic") and
-You, or the legal entity on behalf of whom You are acting (as applicable,
-"You").
-
-1. OBJECT CODE END USER LICENSES, RESTRICTIONS AND THIRD PARTY OPEN SOURCE
-SOFTWARE
-
-  1.1 Object Code End User License. Subject to the terms and conditions of
-  Section 1.2 of this Agreement, Elastic hereby grants to You, AT NO CHARGE and
-  for so long as you are not in breach of any provision of this Agreement, a
-  License to the Basic Features and Functions of the Elastic Software.
-
-  1.2 Reservation of Rights; Restrictions. As between Elastic and You, Elastic
-  and its licensors own all right, title and interest in and to the Elastic
-  Software, and except as expressly set forth in Sections 1.1, and 2.1 of this
-  Agreement, no other license to the Elastic Software is granted to You under
-  this Agreement, by implication, estoppel or otherwise. You agree not to: (i)
-  reverse engineer or decompile, decrypt, disassemble or otherwise reduce any
-  Elastic Software provided to You in Object Code, or any portion thereof, to
-  Source Code, except and only to the extent any such restriction is prohibited
-  by applicable law, (ii) except as expressly permitted in this Agreement,
-  prepare derivative works from, modify, copy or use the Elastic Software Object
-  Code or the Commercial Software Source Code in any manner; (iii) except as
-  expressly permitted in Section 1.1 above, transfer, sell, rent, lease,
-  distribute, sublicense, loan or otherwise transfer, Elastic Software Object
-  Code, in whole or in part, to any third party; (iv) use Elastic Software
-  Object Code for providing time-sharing services, any software-as-a-service,
-  service bureau services or as part of an application services provider or
-  other service offering (collectively, "SaaS Offering") where obtaining access
-  to the Elastic Software or the features and functions of the Elastic Software
-  is a primary reason or substantial motivation for users of the SaaS Offering
-  to access and/or use the SaaS Offering ("Prohibited SaaS Offering"); (v)
-  circumvent the limitations on use of Elastic Software provided to You in
-  Object Code format that are imposed or preserved by any License Key, or (vi)
-  alter or remove any Marks and Notices in the Elastic Software. If You have any
-  question as to whether a specific SaaS Offering constitutes a Prohibited SaaS
-  Offering, or are interested in obtaining Elastic's permission to engage in
-  commercial or non-commercial distribution of the Elastic Software, please
-  contact [email protected].
-
-  1.3 Third Party Open Source Software. The Commercial Software may contain or
-  be provided with third party open source libraries, components, utilities and
-  other open source software (collectively, "Open Source Software"), which Open
-  Source Software may have applicable license terms as identified on a website
-  designated by Elastic. Notwithstanding anything to the contrary herein, use of
-  the Open Source Software shall be subject to the license terms and conditions
-  applicable to such Open Source Software, to the extent required by the
-  applicable licensor (which terms shall not restrict the license rights granted
-  to You hereunder, but may contain additional rights). To the extent any
-  condition of this Agreement conflicts with any license to the Open Source
-  Software, the Open Source Software license will govern with respect to such
-  Open Source Software only. Elastic may also separately provide you with
-  certain open source software that is licensed by Elastic. Your use of such
-  Elastic open source software will not be governed by this Agreement, but by
-  the applicable open source license terms.
-
-2. COMMERCIAL SOFTWARE SOURCE CODE
-
-  2.1 Limited License. Subject to the terms and conditions of Section 2.2 of
-  this Agreement, Elastic hereby grants to You, AT NO CHARGE and for so long as
-  you are not in breach of any provision of this Agreement, a limited,
-  non-exclusive, non-transferable, fully paid up royalty free right and license
-  to the Commercial Software in Source Code format, without the right to grant
-  or authorize sublicenses, to prepare Derivative Works of the Commercial
-  Software, provided You (i) do not hack the licensing mechanism, or otherwise
-  circumvent the intended limitations on the use of Elastic Software to enable
-  features other than Basic Features and Functions or those features You are
-  entitled to as part of a Subscription, and (ii) use the resulting object code
-  only for reasonable testing purposes.
-
-  2.2 Restrictions. Nothing in Section 2.1 grants You the right to (i) use the
-  Commercial Software Source Code other than in accordance with Section 2.1
-  above, (ii) use a Derivative Work of the Commercial Software outside of a
-  Non-production Environment, in any production capacity, on a temporary or
-  permanent basis, or (iii) transfer, sell, rent, lease, distribute, sublicense,
-  loan or otherwise make available the Commercial Software Source Code, in whole
-  or in part, to any third party. Notwithstanding the foregoing, You may
-  maintain a copy of the repository in which the Source Code of the Commercial
-  Software resides and that copy may be publicly accessible, provided that you
-  include this Agreement with Your copy of the repository.
-
-3. TERMINATION
-
-  3.1 Termination. This Agreement will automatically terminate, whether or not
-  You receive notice of such Termination from Elastic, if You breach any of its
-  provisions.
-
-  3.2 Post Termination. Upon any termination of this Agreement, for any reason,
-  You shall promptly cease the use of the Elastic Software in Object Code format
-  and cease use of the Commercial Software in Source Code format. For the
-  avoidance of doubt, termination of this Agreement will not affect Your right
-  to use Elastic Software, in either Object Code or Source Code formats, made
-  available under the Apache License Version 2.0.
-
-  3.3 Survival. Sections 1.2, 2.2. 3.3, 4 and 5 shall survive any termination or
-  expiration of this Agreement.
-
-4. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
-
-  4.1 Disclaimer of Warranties. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE
-  LAW, THE ELASTIC SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND,
-  AND ELASTIC AND ITS LICENSORS MAKE NO WARRANTIES WHETHER EXPRESSED, IMPLIED OR
-  STATUTORY REGARDING OR RELATING TO THE ELASTIC SOFTWARE. TO THE MAXIMUM EXTENT
-  PERMITTED UNDER APPLICABLE LAW, ELASTIC AND ITS LICENSORS SPECIFICALLY
-  DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
-  PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE ELASTIC SOFTWARE, AND WITH
-  RESPECT TO THE USE OF THE FOREGOING. FURTHER, ELASTIC DOES NOT WARRANT RESULTS
-  OF USE OR THAT THE ELASTIC SOFTWARE WILL BE ERROR FREE OR THAT THE USE OF THE
-  ELASTIC SOFTWARE WILL BE UNINTERRUPTED.
-
-  4.2 Limitation of Liability. IN NO EVENT SHALL ELASTIC OR ITS LICENSORS BE
-  LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT OR INDIRECT DAMAGES,
-  INCLUDING, WITHOUT LIMITATION, FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS
-  INTERRUPTION, LOSS OF DATA, COST OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY
-  SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, IN CONNECTION WITH
-  OR ARISING OUT OF THE USE OR INABILITY TO USE THE ELASTIC SOFTWARE, OR THE
-  PERFORMANCE OF OR FAILURE TO PERFORM THIS AGREEMENT, WHETHER ALLEGED AS A
-  BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN IF ELASTIC
-  HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
-
-5. MISCELLANEOUS
-
-  This Agreement completely and exclusively states the entire agreement of the
-  parties regarding the subject matter herein, and it supersedes, and its terms
-  govern, all prior proposals, agreements, or other communications between the
-  parties, oral or written, regarding such subject matter. This Agreement may be
-  modified by Elastic from time to time, and any such modifications will be
-  effective upon the "Posted Date" set forth at the top of the modified
-  Agreement. If any provision hereof is held unenforceable, this Agreement will
-  continue without said provision and be interpreted to reflect the original
-  intent of the parties. This Agreement and any non-contractual obligation
-  arising out of or in connection with it, is governed exclusively by Dutch law.
-  This Agreement shall not be governed by the 1980 UN Convention on Contracts
-  for the International Sale of Goods. All disputes arising out of or in
-  connection with this Agreement, including its existence and validity, shall be
-  resolved by the courts with jurisdiction in Amsterdam, The Netherlands, except
-  where mandatory law provides for the courts at another location in The
-  Netherlands to have jurisdiction. The parties hereby irrevocably waive any and
-  all claims and defenses either might otherwise have in any such action or
-  proceeding in any of such courts based upon any alleged lack of personal
-  jurisdiction, improper venue, forum non conveniens or any similar claim or
-  defense. A breach or threatened breach, by You of Section 2 may cause
-  irreparable harm for which damages at law may not provide adequate relief, and
-  therefore Elastic shall be entitled to seek injunctive relief without being
-  required to post a bond. You may not assign this Agreement (including by
-  operation of law in connection with a merger or acquisition), in whole or in
-  part to any third party without the prior written consent of Elastic, which
-  may be withheld or granted by Elastic in its sole and absolute discretion.
-  Any assignment in violation of the preceding sentence is void. Notices to
-  Elastic may also be sent to [email protected].
-
-6. DEFINITIONS
-
-  The following terms have the meanings ascribed:
-
-  6.1 "Affiliate" means, with respect to a party, any entity that controls, is
-  controlled by, or which is under common control with, such party, where
-  "control" means ownership of at least fifty percent (50%) of the outstanding
-  voting shares of the entity, or the contractual right to establish policy for,
-  and manage the operations of, the entity.
-
-  6.2 "Basic Features and Functions" means those features and functions of the
-  Elastic Software that are eligible for use under a Basic license, as set forth
-  at https://www.elastic.co/subscriptions, as may be modified by Elastic from
-  time to time.
-
-  6.3 "Commercial Software" means the Elastic Software Source Code in any file
-  containing a header stating the contents are subject to the Elastic License or
-  which is contained in the repository folder labeled "x-pack", unless a LICENSE
-  file present in the directory subtree declares a different license.
-
-  6.4 "Derivative Work of the Commercial Software" means, for purposes of this
-  Agreement, any modification(s) or enhancement(s) to the Commercial Software,
-  which represent, as a whole, an original work of authorship.
-
-  6.5 "License" means a limited, non-exclusive, non-transferable, fully paid up,
-  royalty free, right and license, without the right to grant or authorize
-  sublicenses, solely for Your internal business operations to (i) install and
-  use the applicable Features and Functions of the Elastic Software in Object
-  Code, and (ii) permit Contractors and Your Affiliates to use the Elastic
-  software as set forth in (i) above, provided that such use by Contractors must
-  be solely for Your benefit and/or the benefit of Your Affiliates, and You
-  shall be responsible for all acts and omissions of such Contractors and
-  Affiliates in connection with their use of the Elastic software that are
-  contrary to the terms and conditions of this Agreement.
-
-  6.6 "License Key" means a sequence of bytes, including but not limited to a
-  JSON blob, that is used to enable certain features and functions of the
-  Elastic Software.
-
-  6.7 "Marks and Notices" means all Elastic trademarks, trade names, logos and
-  notices present on the Documentation as originally provided by Elastic.
-
-  6.8 "Non-production Environment" means an environment for development, testing
-  or quality assurance, where software is not used for production purposes.
-
-  6.9 "Object Code" means any form resulting from mechanical transformation or
-  translation of Source Code form, including but not limited to compiled object
-  code, generated documentation, and conversions to other media types.
-
-  6.10 "Source Code" means the preferred form of computer software for making
-  modifications, including but not limited to software source code,
-  documentation source, and configuration files.
-
-  6.11 "Subscription" means the right to receive Support Services and a License
-  to the Commercial Software.
+Elastic License 2.0
+
+URL: https://www.elastic.co/licensing/elastic-license
+
+## Acceptance
+
+By using the software, you agree to all of the terms and conditions below.
+
+## Copyright License
+
+The licensor grants you a non-exclusive, royalty-free, worldwide,
+non-sublicensable, non-transferable license to use, copy, distribute, make
+available, and prepare derivative works of the software, in each case subject to
+the limitations and conditions below.
+
+## Limitations
+
+You may not provide the software to third parties as a hosted or managed
+service, where the service provides users with access to any substantial set of
+the features or functionality of the software.
+
+You may not move, change, disable, or circumvent the license key functionality
+in the software, and you may not remove or obscure any functionality in the
+software that is protected by the license key.
+
+You may not alter, remove, or obscure any licensing, copyright, or other notices
+of the licensor in the software. Any use of the licensor’s trademarks is subject
+to applicable law.
+
+## Patents
+
+The licensor grants you a license, under any patent claims the licensor can
+license, or becomes able to license, to make, have made, use, sell, offer for
+sale, import and have imported the software, in each case subject to the
+limitations and conditions in this license. This license does not cover any
+patent claims that you cause to be infringed by modifications or additions to
+the software. If you or your company make any written claim that the software
+infringes or contributes to infringement of any patent, your patent license for
+the software granted under these terms ends immediately. If your company makes
+such a claim, your patent license ends immediately for work on behalf of your
+company.
+
+## Notices
+
+You must ensure that anyone who gets a copy of any part of the software from you
+also gets a copy of these terms.
+
+If you modify the software, you must include in any modified copies of the
+software prominent notices stating that you have modified the software.
+
+## No Other Rights
+
+These terms do not imply any licenses other than those expressly granted in
+these terms.
+
+## Termination
+
+If you use the software in violation of these terms, such use is not licensed,
+and your licenses will automatically terminate. If the licensor provides you
+with a notice of your violation, and you cease all violation of this license no
+later than 30 days after you receive that notice, your licenses will be
+reinstated retroactively. However, if you violate these terms after such
+reinstatement, any additional violation of these terms will cause your licenses
+to terminate automatically and permanently.
+
+## No Liability
+
+*As far as the law allows, the software comes as is, without any warranty or
+condition, and the licensor will not be liable to you for any damages arising
+out of these terms or the use or nature of the software, under any kind of
+legal claim.*
+
+## Definitions
+
+The **licensor** is the entity offering these terms, and the **software** is the
+software the licensor makes available under these terms, including any portion
+of it.
+
+**you** refers to the individual or entity agreeing to these terms.
+
+**your company** is any legal entity, sole proprietorship, or other kind of
+organization that you work for, plus all organizations that have control over,
+are under the control of, or are under common control with that
+organization. **control** means ownership of substantially all the assets of an
+entity, or the power to direct its management and policies by vote, contract, or
+otherwise. Control can be direct or indirect.
+
+**your licenses** are all the licenses granted to you for the software under
+these terms.
+
+**use** means anything you do with the software requiring one of your licenses.
+
+**trademark** means trademarks, service marks, and similar rights.