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Driver terms
Driver terms
Last Updated: February 21, 2024
THE CHARGELAB SOLUTION IS PROVIDED BY CHARGELAB. THESE TERMS OF USE ARE ENTERED INTO BETWEEN YOU AND CHARGELAB, REGARDLESS OF WHETHER THE CHARGELAB SOLUTION DISPLAYS THIRD-PARTY BRANDING.
The following terms of use, together with any additional terms they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of: (i) any EVCS operating on or otherwise using our proprietary charger management software for controlling access to and operation of the EVCS (the “Network Services”); (ii) any other mobile device software provided by us to you, including our ChargeLab mobile application and our ChargeLab web application available at https://www.chargelab.co/app (such website, the “ChargeLab Website”, and together with our mobile application and web application and any Reseller Application, the “ChargeLab Application”); (iii) any text, pictures, media, data, information and other materials or content contained on or provided through the ChargeLab Application (collectively, the “Content”); and (iv) all other content, products or services provided by us to you, as more particularly described on the ChargeLab Application, including, unless otherwise stated in ChargeLab Reseller Terms, the Payment Processing Services. The foregoing (i) through (iv) is collectively referred to as the “ChargeLab Solution” throughout these Terms of Use. The term “EVCS” means electric vehicle charging station(s) and related equipment. The term “ChargeLab Reseller Terms” refers to the agreement between ChargeLab and its applicable Reseller.
These Terms of Use form an agreement between you and: (i) ChargeLab Inc. if you are using the ChargeLab Solution in Canada; or (ii) ChargeLab USA Inc. if you are using the ChargeLab Solution in the United States (collectively, “ChargeLab”, “us”, “we”, “our”). The term “you” or “User” refers to the person or entity browsing, installing, downloading, accessing or otherwise using the ChargeLab Solution (“use” or “using” in these Terms of Use will mean any of the foregoing).
These terms of use are entered into by you and ChargeLab, regardless of whether the EVCS or the application from which you access the ChargeLab Solution displays the branding of ChargeLab or a third party. These Terms of Use relate to the ChargeLab Solution only and do not alter in any way the terms or conditions of any agreement (“Site Host Agreement”) that you may have entered into with a third party (each, a “Site Host”) that owns, operates or otherwise controls a particular EVCS at a particular location (an “EVCS Location”) or any agreement that you may have entered into, directly or indirectly, with one of our authorized resellers, network operators or distributors (each, a “Reseller”) for the access to or use of the Network Services (“Reseller Agreement”).
IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE, YOU MUST NOT ACCESS OR USE AND WILL IMMEDIATELY CEASE ANY FURTHER ACCESS OR USE OF THE EVCS OR OTHER CHARGELAB SOLUTION. BY CLICKING TO ACCEPT THESE TERMS OF USE, SIGNING IN TO THE CHARGELAB SOLUTION USING YOUR EMAIL ADDRESS OR PHONE NUMBER, OR BY USING THE CHARGELAB SOLUTION IN ANY WAY, YOU: (A) REPRESENT AND WARRANT THAT (I) YOU HAVE REACHED THE LEGAL AGE OF MAJORITY IN YOUR JURISDICTION, (II) YOU HAVE THE CAPACITY TO ENTER INTO BINDING OBLIGATIONS, AND (III) ALL INFORMATION PROVIDED BY YOU TO US THROUGH THE CHARGELAB SOLUTION IS TRUE, ACCURATE, CURRENT, AND COMPLETE; AND (B) AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS OF USE, AS UPDATED FROM TIME TO TIME IN ACCORDANCE WITH SECTION 1.
YOU FURTHER UNDERSTAND AND AGREE THAT: (A) CHARGELAB WILL COLLECT, USE AND DISCLOSE YOUR PERSONAL INFORMATION (INCLUDING INFORMATION ABOUT YOUR CHARGING SESSIONS) IN CONNECTION WITH PROVIDING THE CHARGELAB SOLUTION; (B) CHARGELAB MAY DISCLOSE YOUR PERSONAL INFORMATION TO THE APPLICABLE SITE HOST OF EACH EVCS LOCATION FROM WHICH YOU’VE ACCESSED THE NETWORK SERVICES AND TO ANY APPLICABLE RESELLER THAT YOU USE TO ACCESS THE NETWORK SERVICES; (C) YOU AUTHORIZE CHARGELAB TO TREAT YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THE CHARGELAB PRIVACY POLICY AVAILABLE BELOW AS UPDATED BY CHARGELAB FROM TIME TO TIME; (D) YOU AUTHORIZE RESELLERS AND SITE HOSTS TO TREAT YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THEIR OWN SEPARATE PRACTICES AND PRIVACY POLICIES WHICH YOU SHOULD OBTAIN AND REVIEW. PLEASE NOTE THAT THESE TERMS OF USE CONTAIN PROVISIONS THAT GOVERN CLAIMS BETWEEN CHARGELAB AND YOU. PLEASE SEE SECTION 12 (DISCLAIMER), SECTION 13 (LIMITATION OF LIABILITY) AND SECTION 14 (INDEMNIFICATION) FOR MORE DETAILS.
If you have any questions or comments regarding these Terms of Use, or if you believe that ChargeLab has not complied with these Terms of Use, please contact us using the contact information available at https://chargelab.co/chargelab-forms/driver-inquiry. We will do our best to address your questions or concerns.
- Changes to these Terms of Use and the ChargeLab Solution
- Except where prohibited or restricted by applicable law, we reserve the right, in our sole discretion, to change any element of these Terms of Use or the ChargeLab Solution at any time. When we change these Terms of Use, we will post the updated version of these Terms of Use to the ChargeLab Application. If required by applicable law, we will also provide you with prior notice of the change by sending you an email or notifying you by some other means.
- If you reside in Canada and you do not agree with the change, you may cancel these Terms of Use as set out herein. If required by applicable law, we may require you to provide consent to the change in a specified manner. If you do not agree to the change after receiving a notice from us of such change, you will stop using the ChargeLab Solution. Otherwise, your continued access to or use of the ChargeLab Solution after any changes to these Terms of Use or the ChargeLab Solution indicates your acceptance of such changes.
- If you reside in the United States, unless you first reject the updated Terms of Use by discontinuing all use of the ChargeLab Solution and sending a notice of termination using the following link: https://chargelab.co/chargelab-forms/driver-inquiry. You will be deemed to accept the changes and they will take effect at the “Update Effective Time”, which is the earlier of: (a) 11:00 a.m. Eastern time on the 30th day after ChargeLab posts them (or a later date that we specify in the update, if any); (b) your first ever use of a new or changed feature of the ChargeLab Solution that is subject to the updated part of the Terms of Use, or (c) your taking some other action to specifically accept the updated Terms of Use, such as clicking to accept them. You must promptly cooperate with any request from us to authenticate that you are the account holder and that you are the actual sender of the termination notice. You agree to review these Terms of Use periodically to ensure that you are familiar with the most recent version. You are prohibited from using the ChargeLab Solution after sending a notice of termination, except as may be necessary to follow any instructions we may provide for authentication of your identity and request. If you violate this requirement and do use the ChargeLab Solution after sending a notice of termination, your termination notice will be void as if it had never taken effect, and the updated Terms of Use will take effect (or will have taken effect) at the Update Effective Time.
- We may, at our discretion, suspend your access to or use of the ChargeLab Solution or any component thereof: (i) for scheduled maintenance; (ii) if you violate any provision of these Terms of Use; (iii) to address any emergency security concerns; (iv) to modify the ChargeLab Solution; or (v) if required to do so or permitted by applicable law. You may need to update third party software from time to time, at your sole cost and expense, in order to use the ChargeLab Solution.
- Your User ID and Account
- In order to charge your electric vehicle with an EVCS and to access certain other features of the ChargeLab Solution, you will be required to successfully sign up for a ChargeLab user account either: (i) through the ChargeLab Application; or (ii) through a Reseller’s website or mobile application (a “Reseller Application”) using login credentials (the “User ID”) and the available interfaces within the ChargeLab Application or Reseller Application, as applicable (an “Account”).
- CHARGELAB OFFERS A SINGLE SIGN-ON EXPERIENCE FOR THE CHARGELAB APPLICATION AND ALL RESELLER APPLICATIONS. THEREFORE, YOU WILL BE REQUIRED TO SIGN UP FOR AN ACCOUNT REGARDLESS OF WHETHER THE EVCS OR THE APPLICATION FROM WHICH YOU ACCESS THE CHARGELAB SOLUTION DISPLAYS THE BRANDING OF CHARGELAB OR A THIRD PARTY. IN ADDITION, BY CREATING AN ACCOUNT ON A RESELLER APPLICATION, YOUR ACCOUNT ON THE CHARGELAB APPLICATION AND ALL OTHER RESELLER APPLICATIONS WILL SIMULTANEOUSLY AND AUTOMATICALLY BE CREATED USING THE SAME USER ID. SIMILARLY, BY CREATING AN ACCOUNT ON THE CHARGELAB APPLICATION, YOUR ACCOUNT ON ALL RESELLER APPLICATIONS WILL SIMULTANEOUSLY AND AUTOMATICALLY BE CREATED USING THE SAME USER ID. ACCORDINGLY, YOU MUST USE THE SAME USER ID ASSOCIATED WITH YOUR ACCOUNT ON THE CHARGELAB APPLICATION AND EACH RESELLER APPLICATION YOU CHOOSE TO USE. REFERENCE IN THESE TERMS OF USE TO THE CHARGELAB APPLICATION INCLUDES THE RESELLER APPLICATION, AS APPLICABLE.
- After completing registration for an Account, you will be permitted to charge your electric vehicle at an EVCS using the ChargeLab Solution or a valid authentication method that is linked to your Account, which may include an RFID access card or any other authentication method that we make available to you from time to time (each, an “Authentication Method”). You will keep your User ID, Account and Authentication Method secure and will not grant access to or otherwise share your User ID, Account and Authentication Method with any other person. Except for access to elements of the ChargeLab Solution in jurisdictions that mandate the availability of account-free access to such elements of the ChargeLab Solution, you will only access and use the ChargeLab Solution using your Account or Authentication Method. Nothing herein shall be interpreted to require you use an account, subscription or membership in a jurisdiction that prohibits such requirements. You will immediately notify us if your User ID or Authentication Method is lost or stolen or if you become aware of any actual or suspected unauthorized use of your Account or Authentication Method.
- You must provide us with true, accurate, current, and complete information relating to your Account. If we believe or suspect that your information is not true, accurate, current, or complete, we may deny or terminate your access to or use of the ChargeLab Solution. We reserve the right to disable any Account or Authentication Method issued to you at any time in our sole discretion. If we disable access to your Account or Authentication Method, you may be prevented from accessing or using the ChargeLab Solution or any portion thereof.
- You agree to monitor and control all activity associated with your Account. ChargeLab is entitled to act on instructions received through your Account. ChargeLab is not responsible for any actions taken or transactions made to or from your Account by any other party using your User ID or Authentication Method. You are solely responsible for any and all use of your User ID, Authentication Method and all transactions or activities that occur under or in connection with the User ID and Authentication Method, including any charges incurred due to usage of the lost or stolen or unauthorized access to your User ID or Authentication Method. Without limiting any rights which we may otherwise have, we reserve the right to take any and all action, as we deem necessary or reasonable, to ensure the security of the ChargeLab Solution and your Account, including terminating your Account or Authentication Method or changing your User ID. We may also request additional information from you to authenticate your Account prior to authorizing transactions on your Account. You agree to be responsible for any act or omission of any persons that access the ChargeLab Solution under your User ID and Authentication Method that, if undertaken by you, would be deemed a violation of these Terms of Use.
- Electronic Communications
- When you use or view the ChargeLab Solution or send e-mails, texts or other electronic messages to us, you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you by telephone, e-mail, by text message or by posting notices on the ChargeLab Solution. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- If you elect to receive text messages from us, including to receive one-time passcodes to log in to your Account if you forget your User ID, data and message rates may apply. Any and all such charges, fees or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees or costs may apply to your use of the ChargeLab Solution. If you elected to receive text messages, you may withdraw your consent to receive such text messages by replying “STOP” to the phone number that you received the text messages from.
- By creating an Account to access the ChargeLab Solution, you acknowledge and agree that ChargeLab may send you service-related transactional e-mails relating to your Account, including service updates and invoices.
- You are solely responsible for providing ChargeLab with accurate contact information for the purposes of any electronic communications between us and you, including your mobile device number and email address. Please keep us informed of any changes in your mobile device number, email, or mailing address so that you continue to receive all communications without interruption.
- User Data
- Except as expressly set forth in these Terms of Use, nothing in these Terms of Use assigns or grants to ChargeLab any right, title or interest, including any intellectual property rights, in and to, the data, information, records and files that you load, transmit to or enter into, or that we otherwise collect from your access to or use of, the ChargeLab Solution (collectively, the “User Data”). You are responsible for maintaining, protecting, and making backups of all User Data. To the extent permitted by applicable law, ChargeLab will not be liable for any failure to store, or for loss or corruption of any User Data.
- You grant to us and our affiliates and service providers, and each of our respective licensees, successors and assigns, an irrevocable, worldwide, non-exclusive, royalty-free, fully paid-up, transferable and sublicensable licence to access, collect, use, process, store, disclose, transmit, copy, modify and display User Data (other than any User Data that constitutes personal information) to: (i) to develop, enhance, improve and make available the ChargeLab Solution, including for troubleshooting and reporting; (ii) to develop, enhance, improve and make available ChargeLab’s other products and services; (iii) to produce data, information, or other materials that are not identified as relating to a particular individual or company (such data, information and materials, the “Aggregated Data”); and (iv) file, claim, retain or share Carbon Credits. The term “Carbon Credits” means low-carbon fuel standard credits, carbon offsets, renewable fuels credits, emissions reduction units, or other credits, benefits, reductions, offsets, and allowances available to ChargeLab. We and our affiliates and service providers, and each of our respective licensees, successors and assigns are free to create, process, store, transmit, disclose and otherwise use Aggregated Data during and after the Term for any purpose and without obligations of any kind. Aggregated Data is not User Data.
- Privacy
As noted above, you authorize ChargeLab to collect, use, disclose, and otherwise handle personal information for the purposes set forth in Section 4(b) above, as well as for other purposes in accordance with the ChargeLab Privacy Policy available below, as updated by ChargeLab from time to time. We may disclose your personal information (including information about your charging session) to the applicable Site Host of each EVCS Location from which you’ve accessed the Network Services and to any applicable Reseller that you use to access the Network Services for the purposes of providing customer support, troubleshooting issues related to the EVCS, and to validate payment remittances from ChargeLab. You authorize the Reseller and Site Host to collect, use, disclose and otherwise handle your personal information in accordance with their own practices or privacy policies which we recommend that you obtain and review carefully. - Confidentiality
We do not guarantee the security of data transmitted in connection with your use of the ChargeLab Solution. You acknowledge that in the course of using the ChargeLab Solution, you may come into contact with our confidential information, and you agree to protect and keep confidential such confidential information and disclose it only as necessary to comply with these Terms of Use or with any applicable laws compelling disclosure. You agree that upon expiration or termination of these Terms of Use, you will destroy, return or delete any such confidential information in your possession. - Fees and Payment
- Unless otherwise indicated on the EVCS, each time you charge your vehicle at an EVCS utilizing the ChargeLab Solution (each, a “Charging Session”) you will be required to pay usage fees to the Site Host that owns, operates or otherwise controls the EVCS Location (“EVCS Usage Fees”). The EVCS Usage Fees will include any and all excise, sales, use, value-added or other applicable taxes. The EVCS Usage Fees will be calculated using the usage rate determined by the applicable Site Host and will be displayed in the ChargeLab Solution. If required by the applicable Reseller or Site Host, you may also be required to pay an access fee the amount of which will be set out in the ChargeLab Solution (an “Access Fee”, and together with the EVCS Usage Fees, the “Fees”) for your access to an EVCS Location. You acknowledge and agree that, unless otherwise set out in an applicable Reseller Agreement or Site Host Agreement, ChargeLab will collect your payment of the Fees on behalf of the Site Host and remit such payment (less any amounts owing by the Site Host to ChargeLab) to the Site Host (collectively, the “Payment Processing Services”).
- YOU ACKNOWLEDGE AND AGREE THAT: (I) THE FEES ARE ESTABLISHED BY THE SITE HOST; (II) EVCS USAGE FEES MAY VARY BASED ON THE APPLICABLE SITE HOST OR THE APPLICABLE EVCS LOCATION; AND (III) A SITE HOST MAY, IN ITS DISCRETION, CHANGE EITHER OR BOTH OF: (A) THE EVCS USAGE FEES; AND (B) THE ACCESS FEE. IT IS YOUR OWN RESPONSIBILITY TO REMAIN INFORMED ABOUT THE CURRENT FEES FOR THE EVCS YOU USE BEFORE STARTING A CHARGING SESSION. TO THE EXTENT PERMITTED BY APPLICABLE LAW, CHARGELAB HEREBY DISCLAIMS ALL LIABILITY FOR ANY CLAIMS ARISING FROM, IN CONNECTION WITH OR RELATING TO THE FEES. YOU HEREBY REMISE, RELEASE AND FOREVER DISCHARGE CHARGELAB AND THE CHARGELAB PARTIES OF AND FROM ANY AND ALL CLAIMS WHATSOEVER WHICH YOU EVER HAD, NOW HAVE OR MAY HEREAFTER HAVE, WHETHER AT COMMON LAW, IN EQUITY, BY STATUTE OR OTHERWISE, WHETHER NOW KNOWN OR UNKNOWN, ARISING FROM, IN CONNECTION WITH OR IN RESPECT OF THE FEES.
- At ChargeLab’s option and election and subject to Section 7(e), we may: (i) charge you the EVCS Usage Fees at the end of each Charging Session; or (ii) delay immediate processing of the charges for a particular Charging Session and later charge you the aggregate Fees you incurred in the immediately preceding 30-day period (the “Billing Cycle”). If we do not charge you at the end of each Charging Session, we may nonetheless process a pre-authorization for the amount of the Fees owing. All Fees payable by you will be set out in the ChargeLab Application and ChargeLab will prepare and send to you, at the then-current contact information that you have on file with us, an invoice for the total amount of Fees incurred in connection with each Charging Session. You agree to remit payment for all such Fees in accordance with the payment terms set out in this Section 7.
- All Fees paid by you to ChargeLab are final and non-refundable, unless otherwise determined by ChargeLab. Unless otherwise itemized in the ChargeLab Application, the Fees include all applicable taxes. All EVCS Usage Fees will be in the currency identified in the ChargeLab Application for the applicable Fees.
- If you charge your electric vehicle with an EVCS branded with Ontario Charging Network LP, Silver Comet Energy, Inc. or Intertie branding or the application from which you access the ChargeLab Solution is branded with Ontario Charging Network LP, Silver Comet Energy, Inc. or Intertie branding, then Ontario Charging Network LP, Silver Comet Energy, Inc. or Intertie, as applicable, may charge you EVCS Usage Fees and process your payments in accordance with their respective terms and privacy policy.
- If ChargeLab is collecting your payment of the Fees, then you will provide ChargeLab or, if applicable, a third-party payment processor (the “Payment Processor”) with the information necessary to process a payment from you, including the billing information requested on the ChargeLab Solution or the applicable Payment Processor’s platform. The processing of payments and your relationship with the Payment Processor will be subject to the terms, conditions, practices and privacy policies of the Payment Processor, if any, in addition to these Terms of Use, including https://stripe.com/legal/consumer and https://stripe.com/privacy where Stripe is the Payment Processor. We are not responsible for any error by, or other acts or omissions of, any Payment Processor. You may pay for each Charging Session by credit card or any other manner then available on the ChargeLab Solution or applicable Payment Processor’s platform. By submitting your payment information to us or the Payment Processor, you authorize us or the Payment Processor to charge the applicable payment method at our or their convenience, or as provided in the applicable payment network rules, including multiple attempts to charge the applicable payment method where prior charging attempts are unsuccessful. You represent and warrant that you will not use any credit card or other form of payment, unless you have all necessary authorization to do so. We and any Payment Processor are not liable in the event persons acting with or without your permission use your credit card or other method of payment to make purchases on or through the ChargeLab Solution or the Payment Processor’s platform. We reserve the right to correct any errors or mistakes that any Payment Processor makes even if it has already requested or received payment. We reserve the right to remove or block any payment methods where such payment method has been repeatedly declined.
- If ChargeLab is collecting your payment of the Fees, you must provide current, complete and accurate information for any billing relating to your Account. You must promptly update all information to keep the billing information relating to your Account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify us if your payment method is cancelled (e.g., for loss or theft). Changes to such information can be made in your Account settings through the ChargeLab Solution. If you fail to provide any of the foregoing information, you agree that we reserve the right to suspend your access to the ChargeLab Solution until all due amounts are paid in full and terminate your Account and these Terms of Use.
- ChargeLab may terminate these Terms of Use and your access to the ChargeLab Solution if you fail to pay any Fees or other amounts payable to ChargeLab by the date such payment becomes due.
- License to and Ownership of the ChargeLab Solution
Subject to these Terms of Use, we grant you a worldwide, non-exclusive, non-transferable, non-sublicensable and revocable licence during the Term to access and use the ChargeLab Solution, including to download and display local Content solely in connection with using the ChargeLab Solution, in accordance with these Terms of Use. Neither these Terms of Use nor your use of the ChargeLab Solution grants you ownership in the ChargeLab Solution or the Content you access through the ChargeLab Solution. These Terms of Use do not grant you any right to use ChargeLab’s trademarks or other brand elements. All right, title and interest, including intellectual property rights, in the ChargeLab Solution and all other materials provided by us hereunder, and any updates, adaptation, translation, customization or derivative works thereof, will remain the sole property of ChargeLab (or our third-party suppliers, if applicable). Any use of third party software provided in connection with the ChargeLab Solution will be governed by such third parties’ licenses and not by these Terms of Use. All rights not expressly granted to you in these Terms of Use are reserved by ChargeLab. - Your Use of the ChargeLab Solution Responsibilities
- You will not use the ChargeLab Solution in violation of these Terms of Use or in violation of any applicable law. You will:
- use best efforts to prevent unauthorized access to or use of the ChargeLab Solution;
- promptly notify us if you become aware or reasonably suspect any illegal or unauthorized activity or a security breach involving your Account, User ID or Authentication Method, including any loss, theft, or unauthorized disclosure or use of your Account, User ID or Authentication Method;
- ensure that the electric vehicle that you use with the EVCS is in good working order and has a working electrical system and adequate battery power;
- observe and obey any and all rules that may apply to any EVCS Location, including general customer or visitor conduct, parking restrictions, parking time limitations, and hours of operation;
- only use standard, industry-manufactured and recognized electric vehicles and charging adapters with the EVCS;
- refrain from using the ChargeLab Solution with any home-built electric vehicle, home-built onboard charging adapters, vehicles that contain personally modified chargers or charging adapters, or any other similar vehicles or charging equipment;
- not, and will not permit anyone else to:
- sub-license, sell, rent, lend, lease or distribute the ChargeLab Solution or any intellectual property rights therein or otherwise make the ChargeLab Solution available to others;
- disable, overly burden, impair, or otherwise interfere with servers or networks connected to the ChargeLab Solution (e.g., a denial of service attack), including by accessing or using the ChargeLab Solution to permit timesharing, service bureau use or commercially exploit the ChargeLab Solution;
- use or access the ChargeLab Solution in violation of any applicable law or intellectual property right, in a manner that threatens the security or functionality of the ChargeLab Solution or for any purpose or in any manner not expressly permitted in this Agreement, including to harvest or otherwise collect or store any information (including personal information) about other individuals or to send commercial electronic messages;
- use the ChargeLab Solution to create, collect, transmit, store, use or process any User Data or other information: (A) that contains any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data; (B) that you do not have the lawful right to create, collect, transmit, store, use or process; (C) in a manner that violates any applicable laws, or infringes, violates or otherwise misappropriates the intellectual property or other rights of any third party (including any moral right, privacy right or right of publicity);
- attempt to gain unauthorized access to the ChargeLab Solution, or bypass any measures we may use to prevent or restrict access to the ChargeLab Solution, including by performing any vulnerability, penetration or similar testing of the ChargeLab Solution;
- modify, reverse engineer, reverse assemble, disassemble, or decompile the ChargeLab Solution (any part thereof) or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the ChargeLab Solution;
- access or use the ChargeLab Solution for the purpose of building a similar or competitive product or service;
- violate the terms of use of any third party website that is linked to the ChargeLab Solution;
- remove or obscure any proprietary notices or labels on the ChargeLab Solution, including brand, copyright, trademark and patent or patent pending notices; and
- encourage or engage in any other conduct that restricts or inhibits any other user’s access or use of the ChargeLab Solution, or which, as determined by us, may harm the ChargeLab Solution or users of the ChargeLab Solution or expose them to liability.
- YOU ACKNOWLEDGE AND AGREE THAT IN THE EVENT OF AN EMERGENCY OR ANY OTHER SIMILAR SITUATION THAT CAUSES OR MAY CAUSE PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE WHILE YOU ARE USING AN EVCS, YOU WILL IMMEDIATELY CONTACT THE EMERGENCY SERVICES IN YOUR AREA AND FOLLOW THE INSTRUCTIONS YOU ARE GIVEN;
- You acknowledge and agree that you are solely responsible for: (i) the proper maintenance of your electric vehicle and its systems; (ii) ensuring that your electric vehicle’s battery is sufficiently charged to meet your needs; (iii) ensuring that all charging is done in accordance with the manufacturer’s recommendations regarding the type, frequency and duration of charging for your electric vehicle; and (iv) any damage, fees, penalties or loss caused by your noncompliance of any rules that may apply to any EVCS Location.
- You acknowledge and agree that ChargeLab does not own or otherwise hold any property rights in and to the EVCS and is not responsible for supplying the EVCS to you. To the maximum extent permitted by applicable law, ChargeLab hereby disclaims all liability for any claims arising from, in connection with or relating to: (i) the EVCS; and (ii) your electric vehicle. You hereby remise, release and forever discharge ChargeLab and the ChargeLab Parties of and from any and all claims whatsoever you ever had, now have or may hereafter have, whether at common law, in equity, by statute or otherwise, whether now known or unknown, arising from, in connection with or in respect of: (i) the EVCS; or (ii) your electric vehicle. If you are a California resident, you waive California Civil Code Section 1542, which provides:
- A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
- You acknowledge and agree that ChargeLab does not own or otherwise hold any property rights in and to the EVCS and is not responsible for supplying the EVCS to you. To the maximum extent permitted by applicable law, ChargeLab hereby disclaims all liability for any claims arising from, in connection with or relating to: (i) the EVCS; and (ii) your electric vehicle. You hereby remise, release and forever discharge ChargeLab and the ChargeLab Parties of and from any and all claims whatsoever you ever had, now have or may hereafter have, whether at common law, in equity, by statute or otherwise, whether now known or unknown, arising from, in connection with or in respect of: (i) the EVCS; or (ii) your electric vehicle. If you are a California resident, you waive California Civil Code Section 1542, which provides:
- You will not use the ChargeLab Solution in violation of these Terms of Use or in violation of any applicable law. You will:
- Feedback
You agree that any suggestion or idea provided by you (such suggestions or ideas, “Feedback”) will not be treated as confidential, and nothing in these Terms of Use will restrict our right to use, profit from, disclose, publish or otherwise exploit any Feedback, without compensation to you and without any obligation to you. You grant to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, a fully paid-up, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, translate, distribute, publicly perform, publicly display, import, sell, offer for sale, make, have made, derive revenue or other remuneration from, and otherwise exploit and disclose to third parties the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. - Malicious Code and Security
The downloading and viewing of Content are done at your own risk. We do not guarantee or warrant that the ChargeLab Solution is compatible with your computer system or mobile device or that the ChargeLab Solution, or any links from the ChargeLab Solution, will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system or mobile device, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system or mobile device that may be necessary as a result of your use of the ChargeLab Solution. - Disclaimer
THIS SECTION 12 DOES NOT APPLY IN ANY JURISDICTION IN WHICH IT IS EXPRESSLY PROHIBITED BY APPLICABLE LAW. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT THE CHARGELAB SOLUTION IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN OR AS OTHERWISE REQUIRED BY LAW, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR RESELLERS DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE CHARGELAB SOLUTION WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING ANY WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY, DURABILITY, COMPATIBILITY, TITLE, SECURITY, RELIABILITY, COMPLETENESS, ACCURACY, CURRENCY, TIMELINESS, INTEGRATION, FITNESS FOR A PARTICULAR OR GENERAL PURPOSE AND NON-INFRINGEMENT, OR ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, OR THAT THE CHARGELAB SOLUTION IS OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE EVCS AND THE NETWORK SERVICES IS DONE AT YOUR OWN RISK AND THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR RESELLERS DISCLAIM ANY LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF, RELATING TO OR IN CONNECTION WITH YOUR USE OF ANY EVCS OR THE NETWORK SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR RESELLERS DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THIRD PARTY COMMUNICATIONS AND ANY THIRD PARTY WEBSITES OR CONTENT DIRECTLY OR INDIRECTLY ACCESSED THROUGH THE CHARGELAB SOLUTION. - Limitation of Liability
- THIS SECTION 13 DOES NOT APPLY IN ANY JURISDICTION IN WHICH IT IS EXPRESSLY PROHIBITED BY APPLICABLE LAW. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR AFFILIATES OR OUR RESELLERS OR OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, LICENSEES AND SERVICES PROVIDERS AND ANY SUCCESSORS AND ASSIGNS OF THE FOREGOING (COLLECTIVELY WITH CHARGELAB, THE “CHARGELAB PARTIES”) BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES; OR LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, PROPERTY DAMAGE, FINES, FEES, PENALTIES OR OTHER LIABILITIES, IN EACH CASE, WHETHER OR NOT WE WERE ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THE CHARGELAB SOLUTION OR THE INABILITY TO MAKE USE OF THE CHARGELAB SOLUTION, OR THESE TERMS OF USE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE CHARGELAB SOLUTION, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE CHARGELAB SOLUTION.
- TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF THE CHARGELAB PARTIES IN CONNECTION WITH OR UNDER THESE TERMS OF USE, OR YOUR USE OF, OR INABILITY TO MAKE USE OF, THE CHARGELAB SOLUTION, EXCEED $100 CAD. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS OF USE WILL NOT INCREASE THIS MAXIMUM LIABILITY AMOUNT.
- WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL ANY OF THE CHARGELAB PARTIES BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ANY EVENT OR CIRCUMSTANCES BEYOND OUR OR THEIR REASONABLE CONTROL, INCLUDING INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOUR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOUR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, PANDEMICS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES.
- Indemnification
YOU WILL DEFEND, INDEMNIFY AND HOLD HARMLESS THE CHARGELAB PARTIES FROM AND AGAINST ANY CLAIMS, CAUSES OF ACTION, DEMANDS, RECOVERIES, LOSSES, DAMAGES, FINES, PENALTIES OR OTHER COSTS OR EXPENSES OF ANY KIND OR NATURE, INCLUDING REASONABLE LEGAL AND ACCOUNTING FEES, INCLUDING IN EACH CASE AS A RESULT OF A CLAIM OR ACTION BY A THIRD PARTY, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR USER DATA; (B) YOUR USE OF THE CHARGELAB SOLUTION (EXCEPT TO THE EXTENT RESTRICTED OR PROHIBITED BY APPLICABLE LAW), INCLUDING ANY PERSONAL INJURY, DEATH OR PROPERTY DAMAGE ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE CHARGELAB SOLUTION; (C) YOUR BREACH OF ANY PROVISION OF THESE TERMS OF USE OR ANY DOCUMENTS REFERENCED HEREIN; OR (D) YOUR VIOLATION OF ANY APPLICABLE LAW OR THE RIGHTS OF A THIRD PARTY (INCLUDING INTELLECTUAL PROPERTY RIGHTS). CHARGELAB RESERVES THE RIGHT, AT YOUR COST, TO ASSUME THE EXCLUSIVE DEFENCE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL FULLY COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENCES. - Term and Termination; Survival
- These Terms of Use will commence on the day you first use the ChargeLab Solution and will remain in effect until terminated by either party in accordance with the provisions of these Terms of Use (the “Term”). We may terminate these Terms of Use at any time and with immediate effect by giving notice to you, at our discretion, by email (at your current email address on file with us) or through the ChargeLab Solution. You may terminate these Terms of Use at any time and with immediate effect by deleting your Account using the interfaces of the ChargeLab Application, ceasing use of the ChargeLab Solution and uninstalling and deleting the ChargeLab Application. Notwithstanding the foregoing, if you continue to use any portion of the ChargeLab Solution that is publicly available after these Terms of Use have been terminated, these Terms of Use will continue to apply to the extent of such use.
- Upon termination of these Terms of Use all amounts you owe to ChargeLab up to and including the date of termination will immediately become due and payable to ChargeLab in accordance with Section 7(f). The following Sections, together with any other provision of these Terms of Use which expressly or by its nature survives termination or expiration, or which contemplates performance or observance subsequent to termination or expiration of these Terms of Use, will survive expiration or termination of these Terms of Use for any reason: Sections 4 (User Data and Privacy), 7 (Fees and Payment), 8 (License to and Ownership of the ChargeLab Solution), 10 (Feedback), 11 (Malicious Code and Security), 12 (Disclaimer), 13 (Limitation of Liability), 14 (Indemnification), 15(b) (Term and Termination; Survival), and 16 (General Provisions).
- General Provisions
- Choice of Law. Except as prohibited or restricted by applicable law, these Terms of Use will be governed by the laws of: (i) the Province of Ontario and the federal laws of Canada applicable therein in the case of a User using the ChargeLab Solution in Canada; or (ii) the State of Delaware and the federal laws of the United States of America applicable therein in the case of a User using the ChargeLab Solution in the United States, without giving effect to any principles of conflicts of law and such laws apply to your access to or use of the ChargeLab Solution, notwithstanding your domicile, residency or physical location. You will only use the ChargeLab Solution in jurisdictions where the ChargeLab Solution may lawfully be used. Except as prohibited or restricted by applicable law, you hereby consent to the exclusive jurisdiction and venue of courts in: (ii) Toronto, Ontario in the case of a User using the ChargeLab Solution in Canada; or (ii) New Castle County, Delaware in the case of a User using the ChargeLab Solution in the United States, in all disputes arising out of or relating to the use of the ChargeLab Solution. The U.N. Convention on Contracts for the International Sale of Goods will not apply to these Terms of Use. This choice of jurisdiction does not prevent us from seeking injunctive relief with respect to a violation of intellectual property rights or confidentiality obligations in any appropriate jurisdiction.
- Entire Agreement. These Terms of Use constitute the entire agreement between you and us pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the ChargeLab Solution.
- Waiver. Our failure to insist upon or enforce strict performance of any provision of these Terms of Use will not be construed as a waiver of any provision or right. A waiver of any provision of these Terms of Use must be in writing and a waiver in one instance will not preclude enforcement of such provision on other occasions.
- Severable. These Terms of Use apply to the extent permitted by applicable law and unless restricted or prohibited by applicable law. If any of the provisions contained in these Terms of Use are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such provision will be severed from these Terms of Use and all other provisions of these Terms of Use will remain in full force and effect.
- Assignment. You will not assign these Terms of Use to any third party without our prior written consent. We may assign these Terms of Use or any rights under these Terms of Use to any third party without your consent. Any attempted assignment, subcontract, delegation, or transfer in violation of this Section will be null and void. These Terms of Use will inure to the benefit of and be binding upon the parties, their permitted successors and permitted assignees.
- English Language. It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.
- Construction. The terms “include” and “including” mean, respectively, “include without limitation” and “including without limitation.” The headings of sections of these Terms of Use are for reference purposes only and have no substantive effect. The terms “consent” or “discretion” mean the right of a party to withhold such consent or exercise such discretion, as applicable, arbitrarily and without any implied obligation to act reasonably or explain its decision to the other party.
- Apple App Store Additional License Terms
If the ChargeLab Application is provided to you through the Apple Inc. (Apple Inc. together with all of its affiliates, “Apple”) App Store, the following terms and conditions apply to you in addition to all the other terms and conditions of these Terms of Use:- The parties acknowledge these Terms of Use are concluded between the parties, and not with Apple. The responsibility for the ChargeLab Application and content thereof is governed by these Terms of Use.
- Notwithstanding anything to the contrary hereunder, you may use the ChargeLab Application only on an iPhone, iPad or iPod Touch that you own or control.
- You and we acknowledge that Apple has no obligation to furnish any maintenance or support services with respect to the ChargeLab Application.
- In the event of any failure of the ChargeLab Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the ChargeLab Application (if any) to you. Except for the foregoing, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the ChargeLab Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be governed by these Terms of Use.
- Any claim in connection with the ChargeLab Application related to product liability, a failure to conform to applicable legal or regulatory requirements, or claims under consumer protection or similar legislation is governed by these Terms of Use, and Apple is not responsible for such claim.
- Any third party claim that the ChargeLab Application or your possession and use of the ChargeLab Application infringes that third party’s intellectual property rights will be governed by these Terms of Use, and Apple will not be responsible for the investigation, defense, settlement and discharge of such intellectual property infringement claim.
- You represent and warrant that you are not: (i) located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; or (ii) listed on any U.S. Government list of prohibited or restricted parties.
- You may contact us in writing regarding any notices, questions, complaints or claims with respect to the ChargeLab Application using the contact information available at https://www.chargelab.co/contact.
- Apple is a third party beneficiary to these Terms of Use and may enforce these Terms of Use against you.
- If any of the terms and conditions in these Terms of Use are inconsistent or in conflict with Apple’s applicable instructions for Minimum Terms for Developer’s End User License Agreement (the current version as of the date these Terms of Use was last updated is located at: http://www.apple.com/legal/internet-services/itunes/appstore/dev/minterms/) or the App Store Terms of Service (the current version as of the date these Terms of Use was last updated is located at: http://www.apple.com/legal/internet-services/itunes/ca/terms.html), the terms and conditions of Apple’s instructions for Minimum Terms for Developer’s End User License Agreement or App Store Terms of Service, as applicable, will apply to the extent of such inconsistency or conflict.
- Google Play
If the ChargeLab Application is provided to you through the Google Inc. (Google Inc. together with all of its affiliates, “Google”) Google Play store, the following terms and conditions apply to you in addition to all the other terms and conditions of these Terms of Use: (a) you acknowledge that Google is not responsible for providing support services for the ChargeLab Application; and (b) if any of the terms and conditions in these Terms of Use are inconsistent or in conflict with the Google Play Developer Distribution Agreement (the current version as of the date these Terms of Use was last updated is located at https://play.google.com/about/developer-distribution-agreement.html), the terms and conditions of Google’s Google Play Developer Distribution Agreement will apply to the extent of such inconsistency or conflict.
Refund Policy
Last Updated: September 24, 2024
Introduction
Thank you for choosing ChargeLab Inc. (“ChargeLab”, “we”, “us” or “our”). This ChargeLab User Refund Policy (“Refund Policy”) supplements our terms of use available on this page (the “Terms of Use”) and outlines the circumstances under which ChargeLab may issue a refund of EVCS Usage Fees to User.
Terminology
Capitalized terms used but not otherwise defined in this Refund Policy will have the meanings ascribed to them in the Terms of Use.
Scope of Refund Policy
This Refund Policy applies to EVCS Usage Fees that are collected by ChargeLab from User on behalf of a Site Host that are then processed by ChargeLab or its Payment Processor. This Refund Policy does not apply when EVCS Usage Fees are collected directly by a Site Host or Reseller. The goal of this Refund Policy is to help User and Site Hosts resolve issues efficiently when discrepancies arise during charging sessions. There is a separate Refund Policy for Site Hosts.
We will provide you with written notice of our decision to issue a refund upon receipt of your ticket requesting a refund.
Eligibility
Generally, it is ChargeLab’s policy that all EVCS Usage Fees paid by User are non-refundable. However, ChargeLab may, but is not required to, issue a refund to User in its sole discretion.
The following are examples of where ChargeLab may, but is not required to issue a refund to User:
- EVCS Malfunction or Site Host Data or User Data Error: ChargeLab may, but is not required to, issue a refund of EVCS Usage Fees to User where ChargeLab has validated a discrepancy between the actual charging session provided to User and the charging session recorded or billed through the Network Services. This includes situations where the amount of the EVCS Usage Fee charged does not accurately reflect the charging session received due to a malfunction in the EVCS. ChargeLab relies on OCPP logs to validate discrepancies without additional investigation or verification.
- Price Rules and Customers Experience: ChargeLab does not issue refunds to User as a result of a misunderstanding regarding pricing rates or rules. User is responsible for understanding the pricing rates and rules associated with each EVCS prior to initiating a charging session. Notwithstanding the foregoing, ChargeLab may, but is not required to, issue a refund to User in the following circumstances:
- Time Plugged-in Charge. If User did not know that they would be charged for time plugged-in instead of kWh consumption, User may be eligible for a one-time refund. ChargeLab will reject all subsequent requests for refunds from User for the same time plugged-in charge issue.
- Idle Fees. ChargeLab will not refund idle fees in all cases. However, refunds of idle fees may be considered in cases where significant hardware or software errors with the EVCS resulted in the idle fees or where ChargeLab failed to provide the User with notification that idle fees would be applied; provided, however, that ChargeLab will be deemed to have provided this notification where ChargeLab provides the notification but User has disabled the receipt of notifications from ChargeLab.
Refund Process
- Request Submission: ChargeLab will not provide refunds for any refund requests not submitted within thirty (30) days of User’s payment of the EVCS Usage Fees. ChargeLab will only process refund requests that are submitted using the feedback form available on https://chargelab.co/contact and that include the following documentation:
- the email address linked to User’s Account;
- detailed receipts or transaction proof;
- screenshots of actual charges; and
- additional evidence supporting the claim, such as logs from the vehicle’s application.
- Credit: ChargeLab will credit any refunded amounts back to the original payment method used by the User to pay the EVCS Usage Fee being refunded.
Additional Terms
- Reseller Refund Policies: This Refund Policy relates to the ChargeLab Solution only and does not alter in any way the terms or conditions of any Site Host Agreement that you may have entered into with a Site Host that owns, operates or otherwise controls a particular EVCS at a particular EVCS Location or any Reseller Agreement.
- Pre-authorization Holds: Pre-authorization holds are released automatically. We cannot guarantee the timing of these refunds as it is dependent on a User’s financial institution.
- Financial Institution Fees: Any extra fees applied by a User’s financial institution, such as foreign transaction fees or service fees, are not eligible for refund.
Modifications to Refund Policy
We may modify this Refund Policy at any time by posting a revised version on this page or by otherwise notifying you in accordance with Section 1 of the Terms of Use.
Contact
For any refund inquiries, User may contact ChargeLab at https://chargelab.co/contact.
Site host terms
ChargeLab Network Services Terms of Service
Last Updated: February 21, 2024
THE NETWORK SERVICES (AS DEFINED BELOW) IS PROVIDED BY CHARGELAB INC. THESE TERMS OF SERVICE ARE ENTERED INTO BETWEEN YOU AND CHARGELAB INC., REGARDLESS OF WHETHER THE NETWORK SERVICES DISPLAYS THIRD PARTY BRANDING.
These ChargeLab network services terms of service (“Terms of Service”, together with Order Forms (if any, as defined below), Supplementary Terms and Conditions (if any, as defined below), and any other attachments, exhibits, or addendums hereto, the “Agreement”) contains the terms and conditions that govern your access to and use of the Network Services (as defined below) and is an agreement between ChargeLab Inc. (“ChargeLab”, “we”, “us” or “our”), an Ontario corporation with a mailing address at 122 Judge Road, Etobicoke, Ontario M8Z 5B7 Canada and the entity that purchases the Network Services from ChargeLab directly or through a Reseller (as defined below) (“Site Host”, “you” or “your”). THIS AGREEMENT IS EFFECTIVE WHEN YOU CLICK AN “I ACCEPT” OR “I AGREE” BUTTON OR CHECK THE BOX PRESENTED WITH THESE TERMS OF SERVICE OR, IF EARLIER, WHEN YOU AGREE TO AN ORDER FORM (IF ANY), OR YOUR USE ANY OF THE NETWORK SERVICES (THE “EFFECTIVE DATE”). BY CLICKING THE “I ACCEPT” OR “I AGREE” BUTTON OR CHECKING THE BOX PRESENTED WITH THESE TERMS OF SERVICE OR OTHERWISE USING THE NETWORK SERVICES, INCLUDING LOGGING INTO THE DASHBOARD MADE AVAILABLE BY CHARGELAB (THE “DASHBOARD”), SITE HOST HEREBY ACKNOWLEDGES THAT SITE HOST HAS READ, ACCEPTS, AND AGREES TO BE BOUND BY AND COMPLY WITH THE TERMS OF SERVICE SET OUT IN THIS AGREEMENT, AS AMENDED FROM TIME TO TIME IN ACCORDANCE WITH SECTION 11.1. THESE TERMS OF SERVICE ARE ENTERED INTO BY THE SITE HOST AND CHARGELAB, REGARDLESS OF WHETHER THE NETWORK SERVICES, INCLUDING THE DASHBOARD, DISPLAYS THIRD PARTY BRANDING. IF SITE HOST DOES NOT ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT, SITE HOST WILL IMMEDIATELY CEASE ANY FURTHER USE OF THE NETWORK SERVICES. BY SITE HOST’S USE OF THE NETWORK SERVICES, SITE HOST REPRESENTS AND WARRANTS TO CHARGELAB THAT: (A) SITE HOST HAS THE CAPACITY TO ENTER INTO THIS LEGALLY BINDING AGREEMENT; AND (B) IF SITE HOST IS USING THE NETWORK SERVICES ON BEHALF OF ANOTHER PERSON, SITE HOST HAS THE AUTHORITY TO BIND SUCH PERSON TO THIS AGREEMENT.
These Terms of Service may incorporate supplementary terms and conditions depending on the products and services ordered or used by Site Host (“Supplementary Terms and Conditions”) and order forms agreed to either between ChargeLab and Site Host or where applicable between Reseller and Site Host (each an “Order Form”). In this Agreement, each of ChargeLab and Site Host are a “Party” and together, the “Parties”. THE PARTIES ACKNOWLEDGE THIS AGREEMENT IS CONCLUDED BETWEEN SITE HOST AND CHARGELAB, AND NOT THE APPLICABLE RESELLER. IN THE EVENT OF CONFLICT BETWEEN THE RESELLER SITE HOST AGREEMENT, CHARGELAB RESELLER TERMS, AND THESE TERMS OF SERVICE, THIS AGREEMENT WILL PREVAIL.
1. Network Services and Support
1.1. Subject to and conditional on Site Host having entered into an agreement: (a) directly with ChargeLab; or (b) with a ChargeLab authorized reseller, network operator or distributor for the access to and use of the Network Services (each a “Reseller” and such agreement, a “Reseller Site Host Agreement”) and provided that ChargeLab has separately entered into an agreement, directly or indirectly, with such Reseller for the provision of the Network Services to site hosts (“ChargeLab Reseller Terms”), during the Term, ChargeLab will make available the Network Services to Site Host and any individuals authorized by Site Host (each such individual, an “Authorized User”), solely in respect to EVCS (defined below) that are already, or will be, installed by a third party at properties owned or managed by Site Host, as specified in the Dashboard or Order Form (if any) (“Sites”). For the purposes of this Agreement, the term “Network Services” means: (i) the services through which ChargeLab or its affiliates may host or make available the ChargeLab Network as may be further described on the online sign-up portal, Dashboard or in an applicable Order Form (if any); and (ii) any component or Modifications to (i). The term “Network Services” excludes any professional services or Third-Party Products (defined below). In this Agreement, the term “ChargeLab Network” means ChargeLab’s proprietary charger management software for controlling access to and operation of EVCS. “EVCS” consist of electric vehicle supply equipment, including electric vehicle charging station(s), transformer upgrade, service wire, conduit and other secondary materials installed at the Site. In this Agreement, the term “Documentation” means any documentation provided by ChargeLab related to the Network Services.
1.2. As part of the Network Services, ChargeLab will make the Network Services available to individual end users of the EVCS owned or managed by Reseller or Site Host, as applicable (each, an “End User”). The access to and use of the Network Services by End Users will be subject to separate end user terms and conditions to be agreed to between ChargeLab and such End User. The current version of the End User terms is located on this page (“End User Terms”) and may be updated by ChargeLab in its sole discretion from time to time. If Site Host charges for EVCS’ access and use, the Network Services will be configured to charge End Users a fee set by the Site Host (“EVCS Usage Fees”). Unless otherwise agreed to between ChargeLab and Reseller, Site Host hereby grants ChargeLab exclusive rights to bill EVCS Usage Fees to End Users.
1.3. Certain EVCS may be eligible to generate low-carbon fuel standard credits, carbon offsets, renewable fuels credits, emissions reduction units, or other credits, benefits, reductions, offsets, and allowances (“Carbon Credits”). ChargeLab maintains registration and administrative reporting cadences with various governing entities for the purpose of claiming Carbon Credits related to the use of the EVCS. As part of the Network Services, ChargeLab may file, claim, and retain (unless expressly agreed otherwise in an Order Form) all Carbon Credits. Site Host hereby grants ChargeLab exclusive rights to claim Carbon Credits related to the use of the EVCS, unless otherwise agreed to in writing by both Parties.
1.4. Site Host will generally have access to ChargeLab’s technical support services (“Support Services”) where qualified technicians respond to all Site Host inquiries escalated within 24 hours of such escalation (excluding weekends or official holidays observed by ChargeLab). End Users will have access to support from ChargeLab 24 hours a day and seven days a week in accordance with the End User Terms. If the issue identified by a Site Host is determined to be a Network Services issue, reasonable guidance will be provided. If the issue is not a connectivity issue, Site Host should contact the responsible original equipment manufacturer for guidance. ChargeLab does not guarantee that all inquiries will be resolved by ChargeLab. If ChargeLab incurs any costs and expenses in resolving inquiries, ChargeLab may require that Site Host reimburse ChargeLab for such costs and expenses. ChargeLab will not be held responsible for support failures caused by failures in telecommunications networks, misuse of the EVCS by End Users, or other events outside ChargeLab’s reasonable control.
2.1. Site Host will be responsible for obtaining, installing, and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Network Services, including, without limitation, EVCS firmware, Site Host Systems (defined below), modems, networking, electrical wire, conduit, transformers, disconnects, breakers, panels, hardware and the like (“Equipment”). Use of the Network Services may require updates provided by third party manufacturers to EVCS firmware of EVCS owned or managed by Site Host or Reseller (if applicable). As a result, such updates to EVCS firmware may be automatically downloaded and installed from time to time from ChargeLab. These updates are designed to improve, enhance, and further develop the EVCS and the Network Services and may take the form of bug fixes, enhanced functions, new software modules, and new versions. Site Host consents to the installation of such EVCS firmware, including updates and upgrades (and authorizes ChargeLab to deliver these to Site Host) as part of Site Host’s use of the Network Services. Site Host acknowledges that EVCS firmware causes Site Host’s systems (“Site Host Systems”) to communicate with the Network Services for the purposes described above. ChargeLab will use reasonable efforts to provide notice in advance of any upcoming significant releases, maintenance, or other event that may affect the Network Services. Some emergency updates may be communicated after they are delivered. Site Host, at its sole expense, agrees to provide compatible Site Host Systems and other Equipment as applicable for the activation of EVCS firmware including updates and upgrades, and is responsible for upgrading and configuring Site Host Systems to remain compatible with any minimum system requirements as required by ChargeLab, during the Term. Site Host is required to accept all patches, bug fixes, and updates made by or on behalf of ChargeLab to the Network Services. Subject to Site Host’s and its Authorized Users’ compliance with the terms and conditions of this Agreement, ChargeLab grants to Site Host a revocable, non-exclusive, non-transferrable, non sublicensable, limited license to use and run the EVCS firmware and applicable Documentation solely for the purpose of facilitating access to certain functionalities of the Network Services during the Term. CHARGELAB IS NOT RESPONSIBLE FOR ANY CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS, OR EXPENSES BETWEEN RESELLER (IF APPLICABLE), SITE HOST, AND ANY THIRD-PARTY MANUFACTURER, OR OTHERWISE ARISING FROM THE ACTS OR OMISSIONS OF INSTALLER OF ANY EQUIPMENT OR RELATED TO ANY EVCS FIRMWARE UPDATE OR EVCS FIRMWARE UPGRADE. Site Host will be responsible for maintaining the security of the Equipment, Site Host account, passwords (including but not limited to administrative and user passwords), and files, and for all uses of Site Host account or the Equipment with or without Site Host’s knowledge or consent. Site Host will promptly notify ChargeLab of any actual or suspected unauthorized use of the Network Services. ChargeLab does not guarantee that the EVCS or any other Equipment of the Site Host will be compatible with the Network Services, including the EVCS that have been configured with the open charge point protocol. If a Site Host has installed EVCS or other Equipment that is not compatible with the Network Services, then ChargeLab reserves the right to charge Site Host for any costs associated with ChargeLab’s testing or troubleshooting of such EVCS or other Equipment. Site Host acknowledges that ChargeLab is not a telecommunications or cellular data provider. Site Host will be responsible for verifying the signal strength at the applicable Site. ChargeLab may, in its discretion, provide Site Host with SIM cards that can be used with an EVCS that has been approved by ChargeLab. If ChargeLab has provided Site Host with a SIM card, Site Host will only use the SIM card for connectivity purposes in the approved EVCS. ChargeLab will not be responsible for the maintenance, installation, or removal of the SIM cards. If ChargeLab determines that a replacement SIM card is necessary, ChargeLab may, in its discretion, provide such replacement SIM card and Site Host will be responsible for any costs associated with the provision of such replacement SIM card. ChargeLab reserves the right to suspend, deactivate, or replace an Authorized User’s account, access credentials or password, if it determines that an Authorized User’s account may have been used for an unauthorized purpose. Site Host will ensure that all individual users of the applicable Network Services, including Authorized Users, comply with this Agreement. Site Host acknowledges and agrees that ChargeLab may de-activate or turn-off an EVCS through the Network Services if ChargeLab has notified Site Host of issues with such EVCS and Site Host has not responded to ChargeLab within a reasonable period of time or remediated such issues.
3.2. During the Term and at all times thereafter, the Receiving Party agrees: (a) to take reasonable precautions to protect such Confidential Information; and (b) not to use any such Confidential Information except to exercise its rights or perform its obligations under this Agreement. During the Term and at all times thereafter it will not, except to exercise its rights or perform its obligations under this Agreement, disclose Confidential Information of the Disclosing Party to any person, except: (i) in the case of the Site Host to its Authorized Users if and to extent such Authorized Users have a “need to know” such Confidential Information and provided that such Authorized Users are required, as a condition of their employment or otherwise through written agreements, to maintain confidentiality of the Confidential Information in a manner no less protective of such Confidential Information than this Agreement; or (ii) in the case of ChargeLab to ChargeLab’s: (A) employees, independent contractors, advisors, consultants, agents and its affiliates, if and to the extent that such persons have a “need to know” such Confidential Information for the purposes of receiving or providing the Network Services and that have entered into written agreements no less protective of such Confidential Information than this Agreement; (B) Resellers (if applicable), subcontractors and sub-processors for the purpose of providing the Network Services; and (C) as otherwise permitted by this Agreement. Confidential Information will not include any information that the Receiving Party can document: (1) is or becomes generally available to the public; (2) was in its possession or known by it prior to receipt from the Disclosing Party; (3) was rightfully disclosed to it without restriction by a third party; or (4) was independently developed without use of any Confidential Information of the Disclosing Party.
3.3. Notwithstanding Section 3.2, Receiving Party agrees that it may disclose Disclosing Party’s Confidential Information: (a) to the extent that such disclosure is required by applicable law or by the order of a court or similar judicial or administrative body, provided that, except to the extent prohibited by law, the Receiving Party promptly notifies Disclosing Party in writing of such required disclosure and cooperates with Disclosing Party to seek an appropriate protective order; (b) to its legal counsel and other professional advisors if and to the extent such persons need to know such Confidential Information in order to provide applicable professional advisory services in connection with the Party’s business; or (c) in the case of ChargeLab, to potential assignees, acquirers or successors of ChargeLab if and to the extent such persons need to know such Confidential Information in connection with a potential sale, merger, amalgamation or other corporate transaction involving the business or assets of ChargeLab.
3.4. Each Party acknowledges and agrees that a breach or threatened breach by such Party of any of its obligations under this Section 3 would cause the other Party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party will be entitled to equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity or otherwise.
3.5. Upon the termination or expiration of this Agreement, each Party will promptly return to the other Party or destroy all Confidential Information (except for Site Host Data) of the other Party in its possession or control within a reasonable amount of time in accordance with the Receiving Party’s data destruction practices. Notwithstanding the foregoing, ChargeLab may retain any electronically archived Site Host’s Confidential Information, provided that such retained information remains subject to the confidentiality obligations in this Agreement.
4.1. Site Host understands and agrees that ChargeLab will collect and use Personal Information from End Users in order to provide the Network Services. “Personal Information” means information about an identifiable individual. Such Personal Information will be treated in accordance with the ChargeLab Privacy Policy available on this page (“Privacy Policy”). ChargeLab will make available limited Personal Information of End Users to Site Host (“End User Data”) through the Network Services. Site Host will access and Process such End User Data solely to the extent necessary for the purposes of customer support, troubleshooting issues related to the EVCS and to validate payment remittances from ChargeLab. Site Host will not Process the End User Data for any other purpose (including, for clarity, any marketing or advertising purpose) unless it obtains consent from End Users and prior approval from ChargeLab. Site Host will Process all such End User Data in accordance with applicable federal, provincial, state and local privacy laws (“Privacy Laws”), including by providing the level of privacy protection that such Privacy Laws require, and will maintain and provide to End Users a copy of the Privacy Policy that describes its collection, use and disclosure of End User Personal Information and that complies with applicable Privacy Laws.
4.2. Without limiting Section 4.1, if Site Host obtains the Network Services through a Reseller Site Host Agreement, then Site Host acknowledges and agrees that ChargeLab has collected the End User Data on behalf of such Reseller and Site Host will Process any End User Data made available to Site Host by ChargeLab in accordance with any additional restrictions set out in the applicable Reseller Site Host Agreement.
4.3. Site Host will implement all necessary physical, technical and administrative safeguards to ensure the confidentiality, integrity and security of End User Data, including to protect the End User Data from loss, theft, unavailability or unauthorized access, use, disclosure and other Processing. Site Host will limit access to End User Data to those employees, contractors and authorized agents of Site Host that need to have access and that have been properly trained of the requirements of Site Host under this Agreement and applicable Privacy Laws. Site Host will ensure or cause each of its employees, contractors, and agents to agree, in writing, to protect the confidentiality and security of the End User Data in accordance with the terms of this Agreement and applicable Privacy Laws. Notwithstanding anything to the contrary in this Agreement, Site Host will not retain End User Data for longer than necessary to fulfill the identified purposes.
4.4. Site Host will not disclose or transfer (and not allow any of its employees, contractors, or agents to disclose or transfer) in any manner whatsoever any End User Data to any third party except as required by Privacy Laws. Site Host will immediately notify ChargeLab in writing of any legal requirement to disclose End User Data order, demand, warrant or any other document purporting to compel the production, disclosure or transfer of any End User Data and, before complying with or responding to any such communication, promptly comply and fully cooperate with all reasonable directions of ChargeLab relating thereto.
4.5. Site Host will promptly notify ChargeLab if: (a) it receives notice from any governmental authority alleging that ChargeLab or Site Host has failed to comply with Privacy Law in connection with this Agreement, (b) Site Host otherwise becomes aware that the ChargeLab or Site Host may have failed or may in the future fail to comply with Privacy Law in connection with this Agreement; or (c) Site Host receives any complaints or inquiries regarding the treatment of Personal Information in connection with this Agreement. Site Host will provide reasonable assistance to ChargeLab, and promptly take such steps as necessary and appropriate to remedy such non-compliance or respond to such complaint or inquiry.
4.6. Site Host will notify ChargeLab of any loss, theft, unavailability or unauthorized access, use, disclosure or Processing of End User Data (“Security Incident”) and co-operate with ChargeLab to assist ChargeLab in the management of any consequences arising from a Security Incident, including providing ChargeLab with information reasonably requested to assist ChargeLab in remediating the Security Incident and implementing its information security response program. If directed by ChargeLab, Site Host will be solely responsible for notifying any relevant governmental authority, affected individuals, or other organizations, if notification is required by applicable law.
4.7. ChargeLab has the right (i) to take reasonable and appropriate steps to ensure that Site Host Processes End User Data in a manner consistent with ChargeLab’s obligations under Privacy Laws and (ii) upon notice, to take reasonable and appropriate steps to stop and remediate unauthorized use of End User Data.
5. Proprietary Rights
5.1. ChargeLab or its licensors retain all right, title and interest including all intellectual property rights in and to: (a) the Network Services; (b) Documentation; (c) anything used, developed or delivered by or on behalf of ChargeLab under this Agreement including without limitation any Aggregated Data (defined below); (d) ChargeLab’s Confidential Information; and (e) any Modifications to any of the foregoing (collectively, the “ChargeLab Property”). All rights not expressly granted by ChargeLab to Site Host under this Agreement are reserved.
5.2. As between ChargeLab and Site Host, Site Host owns or manages all EVCS and any wiring connected to such EVCS.
5.3. The Site Host will be responsible for maintaining, protecting, and making backups of Site Host Data. To the extent permitted by applicable law, ChargeLab will not be liable for any failure to store, or for loss or corruption of Site Host Data. Site Host may from time to time provide certain Site Host Data to ChargeLab. If Site Host is obtaining the Network Services through a Reseller Site Host Agreement and the applicable Reseller has granted ChargeLab the right to access, collect, use, process, store, disclose, transmit, transfer, copy, Modify, or display (collectively, “Process”) the Site Host Data under the ChargeLab Reseller Terms, then ChargeLab will Process the Site Host Data, as applicable, in accordance with the applicable ChargeLab Reseller Terms. If Site Host is obtaining the Network Services directly from ChargeLab or if Site Host is obtaining the Network Services through a Reseller Site Host Agreement but the applicable Reseller has not granted ChargeLab any rights to Process Site Host Data in the ChargeLab Reseller Terms, then Site Host hereby grants to ChargeLab, Its affiliates, its Resellers (if applicable), its licensors, and each of their respective employees, officers, directors, contractors, and representatives: (a) a nonexclusive, worldwide, royalty-free, transferable, sublicensable, and fully paid-up license during the Term (defined below) to Process Site Host Data to provide the Network Services including where applicable to share and transmit such Site Host Data to Reseller; and (b) a nonexclusive, perpetual, worldwide, royalty-free, irrevocable, transferable, sublicensable and fully paid-up license to Process Site Host Data to: (i) improve and enhance the Network Services and its other offerings; and (ii) generate data, information or other materials that are not identified as relating to a particular individual or company (such data, information and materials, the “Aggregated Data”) and to Process the Aggregated Data for any purpose and without restriction or obligation to the Site Host of any kind. To clarify, Aggregated Data is not Site Host Data and is not the Site Host’s Confidential Information.
5.4. Nothing in this Agreement assigns or grants to Site Host any right, title or interest including any intellectual property rights in or to End User Data. For clarity, Site Host Data excludes End User Data.
5.5. Site Host grants to ChargeLab and its affiliates a worldwide, perpetual, irrevocable, transferable, sublicensable and fully paid-up royalty-free license to use, incorporate into the Network Services, and otherwise exploit in any manner any suggestion, enhancement request, recommendation, correction, or other feedback provided by Site Host or Authorized Users relating to the operation of Network Services or any of ChargeLab’s affiliates’ services (“Feedback”). Nothing in this Agreement will restrict ChargeLab’s right to use, profit from, disclose, publish or otherwise exploit any Feedback, without compensation to the Site Host or Authorized Users and without any obligation to the Site Host or any Authorized User. ChargeLab is not obligated to use any Feedback.
6. Payment of Fees
6.1. Pursuant to the End User Terms ChargeLab or the Reseller (if applicable) will bill and collect the EVCS Usage Fees from the End Users using a third-party payment processor. Following the end of each calendar month or after each use of the EVCS by End Users, as determined by ChargeLab in its sole discretion, ChargeLab will remit to Site Host the EVCS Usage Fees collected during that month less: (a) the transaction fees (the “Transaction Fees”); and (b) any applicable Taxes on such Transaction Fees. If the ChargeLab Reseller Terms require that the Reseller collect EVCS Usage Fees directly from End Users, then ChargeLab will not be responsible for remitting any amounts to Site Host. The remittance of any EVCS Usage Fees collected directly by Reseller will be made pursuant to the Reseller Site Host Agreement. ChargeLab will only be responsible to remit those EVCS Usage Fees that ChargeLab has collected from End Users. ChargeLab will not be responsible for and will have no liability for the payment of any fees to Site Host for amounts that ChargeLab has not collected from End Users.
6.2. If Site Host has agreed to pay any amounts to ChargeLab in an Order Form or any other agreement that incorporates this Agreement by reference, then Site Host will pay all such amounts plus all applicable Taxes on such amounts to ChargeLab in accordance with the terms set out in such Order Form or other agreement. Any late payment will be increased by the costs of collection (if any) and will incur interest at the rate of one and a half percent (1.5%) compounded monthly (19.56% annually), or the maximum legal rate (if less), plus all expenses of collection, until fully paid.
6.3. If Site Host’s access and use of the Network Services exceeds ordinary data usage, as determined by ChargeLab, then ChargeLab reserves the right to charge Site Host additional fees for such data usage overage at ChargeLab’s then-current data usage overage fees plus all applicable Taxes.
6.4. Site Host will provide ChargeLab or, if applicable, a third-party payment processor (the “Payment Processor”) with the information necessary to process payments from Site Host, including the billing information requested on the Dashboard or the applicable Payment Processor’s platform. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor, if any, in addition to this Agreement. ChargeLab is not responsible for any error by, or other acts or omissions of, any Payment Processor. By submitting Site Host’s payment information to ChargeLab or the Payment Processor, Site Host authorizes ChargeLab or the Payment Processor to charge the applicable payment method at ChargeLab’s discretion for any amounts owed to ChargeLab. Site Host represents and warrants to and covenants with ChargeLab that it will not use any credit card or other form of payment unless it has all necessary authorization to do so. ChargeLab reserves the right to correct any errors or mistakes that any Payment Processor makes even if it has already requested or received payment.
6.5. Unless otherwise directed by ChargeLab, Site Host will be responsible for collecting all excise, sales, use, value-added and other applicable taxes (collectively “Taxes”) on EVCS Usage Fees and remitting such Taxes to the applicable governmental authority. Site Host will ensure that at all times Site Host is registered for GST/HST and that ChargeLab has Site Host’s applicable GST/HST registration numbers (and Quebec Sales Tax registration numbers if applicable). Site Host will indemnify ChargeLab for any GST/HST assessed against ChargeLab due to Site Host’s failure to remit any Taxes to the applicable governmental authority. In the event ChargeLab directs Site Host that it will collect and remit applicable Taxes such Taxes will be deducted from the EVCS Usage Fees that ChargeLab remits to Site Host in accordance with Section 6.1.
6.6. If Site Host wishes to dispute the amount of EVCS Usage Fees remitted to Site Host, the Transaction Fees retained by ChargeLab, or any amounts payable by Site Host, Site Host must contact ChargeLab no later than 30 days following the end of the applicable calendar month in which the error or problem appeared, in order to receive an adjustment or credit. Such adjustment or credit will be determined by ChargeLab in its sole discretion. Inquiries should be directed to accounting@chargelab.co.
6.7. All references herein and in the Order Form (if any) or the Dashboard to currency are in the local currency of where the Site Host is located.
7. Term and Termination
7.1. The term of this Agreement will commence on the Effective Date and will remain in effect for a term (the “Term”) as follows: (a) if Site Host has entered into a Reseller Site Host Agreement or an Order Form this Agreement will remain in effect for the term set out in the Reseller Site Host Agreement or Order Form, as applicable; or (b) if Site Host has not entered into a Reseller Site Host Agreement or an Order Form this Agreement will remain in effect for a period of one month (the “Initial Term”) and will automatically renew for successive one month periods (each a “Renewal Term” and together with the Initial Term, the “Term”) unless either Party provides the other Party with notice of its intention not to renew no less than 30 days prior to the end of the Initial Term or then-current Renewal Term.
7.2. You may terminate this Agreement for any reason by providing us notice and closing your account for all Network Services for which we provide an account closing mechanism. When you terminate, if we request, you must promptly cooperate with us to identify your account, authenticate that you are the account holder, and confirm your termination notice.
7.3. Notwithstanding anything to the contrary set out in the Reseller Site Host Agreement: (a) a Party may terminate this Agreement: (i) upon thirty (30) days written notice of the other Party’s material breach unless the breach is cured during that thirty (30) day period; and (ii) immediately, if the other Party files for bankruptcy, becomes insolvent, or makes an assignment for the benefit of creditors; (b) to the extent applicable, we may also terminate this Agreement immediately upon notice to you: (i) if your Reseller Site Host Agreement expires or terminates, or if you are in default under your Reseller Site Host Agreement; (ii) if our relationship with a third-party partner who provides software or other technology we use to provide the Network Services expires, terminates or requires us to change the way we provide the software or other technology as part of the Network Services, or (iii) in order to comply with applicable law or requests of governmental entities; and (c) to the extent applicable, if our ChargeLab Reseller Terms expire or terminate, then pursuant to our ChargeLab Reseller Terms, we may terminate this Agreement immediately upon notice to you or continue providing the Network Services to you (including with our own branding, if applicable).
7.4. Upon any expiration or termination of this Agreement: (a) all subscriptions to the Network Services will terminate and no new subscriptions may be entered into upon the termination of this Agreement, unless agreed to by ChargeLab in writing; and (b) Site Host must: (i) immediately cease (and ensure that all Authorized Users immediately cease) accessing or using the Network Services; (ii) promptly deliver to ChargeLab all of ChargeLab’s Confidential Information; and (iii) immediately pay all outstanding amounts due and payable to ChargeLab under this Agreement, any Order Form, or any other agreement between ChargeLab and Site Host that incorporates this Agreement by reference.
7.5. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality and privacy obligations, warranty disclaimers, and limitations of liability.
8. Site Host Warranty; Policies; Disclaimer
8.1. Site Host represents and warrants to and covenants with, ChargeLab that: (a) it has provided all notices, obtained all consents and otherwise has the lawful authority to provide ChargeLab with the Site Host Data, as required by applicable laws including applicable privacy laws, to enable ChargeLab to provide the Network Services; (b) Site Host will not use End User Data except as expressly permitted under this Agreement; (c) Site Host and its Authorized Users will comply with all applicable laws; and (d) Site Host is not named on any Canadian, U.S., or other list of persons or entities prohibited from receiving Canadian or U.S. exports, or from transacting with any Canadian; or U.S. entity and it is not a national of, or a company registered in, any jurisdiction in which the provision of the provision of the other party’s goods or services is prohibited under Canadian, U.S., or other applicable laws.
8.2. SITE HOST AGREES THAT IT IS SOLELY SITE HOST’S RESPONSIBILITY TO (A) INFORM ANY AUTHORIZED USERS OF ANY RELEVANT CHARGELAB POLICIES (EACH A “POLICY”) AND PRACTICES AND ANY SETTINGS THAT MAY IMPACT THE PROCESSING OF SITE HOST DATA; (B) OBTAIN ANY RIGHTS, PERMISSIONS OR CONSENTS FROM SITE HOST AND ANY AUTHORIZED USERS THAT ARE NECESSARY FOR THE LAWFUL USE OF SITE HOST DATA AND THE OPERATION OF THE NETWORK SERVICES; AND (C) RESPOND TO AND RESOLVE ANY DISPUTE WITH SITE HOST AND ANY AUTHORIZED USER RELATING TO OR BASED ON SITE HOST DATA, THE NETWORK SERVICES OR SITE HOST’S FAILURE TO FULFILL THESE OBLIGATIONS.
8.3. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CHARGELAB, ITS AFFILIATES, ITS RESELLERS, THIRD-PARTY SUPPLIERS, ITS THIRD-PARTY PRODUCT PROVIDERS, AND ITS LICENSORS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND REPRESENTATIVES, SUCCESSORS AND ASSIGNS: (A) DO NOT WARRANT THAT THE NETWORK SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ALL ERRORS CAN OR WILL BE CORRECTED; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE NETWORK SERVICES. THE NETWORK SERVICES (OR ANY PART THEREOF), AND ANY OTHER PRODUCTS AND SERVICES PROVIDED BY CHARGELAB TO SITE HOST, AUTHORIZED USERS OR END USERS ARE PROVIDED “AS IS” AND “AS AVAILABLE”; AND (B) HEREBY DISCLAIM ALL EXPRESS, IMPLIED, COLLATERAL OR STATUTORY WARRANTIES, REPRESENTATIONS AND CONDITIONS, WHETHER WRITTEN OR ORAL, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF: (I) MERCHANTABILITY, MERCHANTABLE QUALITY, COMPATIBILITY, TITLE, NON INFRINGEMENT, SECURITY, RELIABILITY, COMPLETENESS, ACCURACY, QUALITY, INTEGRATION OR FITNESS FOR A PARTICULAR PURPOSE OR USE, OR ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.; (II) ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE; (III) THAT THE NETWORK SERVICES OR CHARGELAB PROPERTY OR THIRD PARTY PRODUCTS WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS; AND (IV) THAT ANY NETWORK SERVICES OR CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR ALTERED. WITHOUT LIMITING THE FOREGOING, CHARGELAB, ITS AFFILIATES, ITS RESELLERS AND ITS LICENSORS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND REPRESENTATIVES, SUCCESSORS AND ASSIGNS WILL HAVE NO LIABILITY WHATSOEVER FOR ANY SITE HOST’S EQUIPMENT AND THIRD-PARTY PRODUCTS, INCLUDING FOR ANY THIRD-PARTY PRODUCTS USED FOR PROVIDING THE SUPPORT SERVICES, SIM CARD CAPABILITIES, OR PAYMENT PROCESSING.
9. Indemnity
11.1. WE MAY MODIFY THIS AGREEMENT (INCLUDING POLICIES AND ANY SUPPLEMENTARY TERMS AND CONDITIONS) AT ANY TIME BY POSTING A REVISED VERSION ON THE WEBSITE, DASHBOARD OR BY OTHERWISE NOTIFYING YOU IN ACCORDANCE WITH THIS SECTION.
11.1.1. IF YOU RESIDE IN THE UNITED STATES, THEN UNLESS YOU FIRST REJECT THE UPDATED AGREEMENT BY DISCONTINUING ALL USE OF THE CHARGELAB NETWORK, NETWORK SERVICES, AND THE SUPPORT SERVICES AND TERMINATING THE AGREEMENT AS SET FORTH IN SECTION 7.2, YOU WILL BE DEEMED TO ACCEPT THE CHANGES AND THEY WILL TAKE EFFECT AT THE “UPDATE EFFECTIVE TIME”, WHICH IS THE EARLIER OF: (A) 11:00 A.M. EASTERN TIME ON THE 30TH DAY AFTER CHARGELAB POSTS IT OR OTHERWISE NOTIFIES YOU IN ACCORDANCE WITH THIS SECTION (OR A LATER DATE THAT WE SPECIFY IN THE UPDATE, IF ANY); (B) YOUR FIRST EVER USE OF A NEW OR CHANGED FEATURE OF THE CHARGELAB NETWORK, NETWORK SERVICES, OR THE SUPPORT SERVICES THAT IS SUBJECT TO THE UPDATED PART OF THE AGREEMENT, OR (C) YOUR TAKING SOME OTHER ACTION TO SPECIFICALLY ACCEPT THE UPDATED AGREEMENT, SUCH AS CLICKING TO ACCEPT IT OR THE UPDATED PORTION OF IT. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO ENSURE THAT YOU ARE FAMILIAR WITH THE MOST RECENT VERSION. YOU ARE PROHIBITED FROM USING THE CHARGELAB NETWORK, NETWORK SERVICES, AND THE SUPPORT SERVICES AFTER SENDING A NOTICE OF TERMINATION, EXCEPT AS MAY BE NECESSARY TO FOLLOW ANY INSTRUCTIONS WE MAY PROVIDE VIA EMAIL FOR AUTHENTICATION OF YOUR IDENTITY AND REQUEST. IF YOU VIOLATE THIS REQUIREMENT AND DO USE THE CHARGELAB NETWORK, NETWORK SERVICES, OR THE SUPPORT SERVICES AFTER SENDING A NOTICE OF TERMINATION, YOUR TERMINATION NOTICE WILL BE VOID AS IF IT HAD NEVER TAKEN EFFECT, AND THE UPDATED AGREEMENT WILL TAKE EFFECT (OR WILL HAVE TAKEN EFFECT) AT THE UPDATE EFFECTIVE TIME.
11.1.2. IF YOU RESIDE IN CANADA, THE MODIFIED TERMS WILL BECOME EFFECTIVE UPON POSTING OR, WE MAY NOTIFY YOU VIA EMAIL OF MATERIAL CHANGES AND IF WE NOTIFY YOU BY EMAIL, WILL BECOME EFFECTIVE AS OF THE DATE AS STATED IN THE EMAIL MESSAGE. BY CONTINUING TO USE THE NETWORK SERVICES AFTER THE EFFECTIVE DATE OF ANY MODIFICATIONS TO THIS AGREEMENT, YOU AGREE TO BE BOUND BY THE MODIFIED TERMS. IT IS YOUR RESPONSIBILITY TO CHECK THE DASHBOARD AND OUR WEBSITE REGULARLY FOR MODIFICATIONS TO THIS AGREEMENT. WE LAST MODIFIED THIS AGREEMENT ON THE DATE LISTED AT THE BEGINNING OF THIS AGREEMENT.
11.2. The Network Services may be subject to Canadian export control laws. The Site Host will not, directly or indirectly, export, re-export, or release the Network Services to, or make the Network Services accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule, or regulation. The Site Host will comply with all applicable federal laws, regulations, and rules and complete all required undertakings (including obtaining any necessary permissions, permits, export licences or other governmental approval), before exporting, re-exporting, releasing, or otherwise making the Network Services available outside Canada.
11.3. Neither Party will be liable for delays caused by any event or circumstances beyond that Party’s reasonable control, including acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labour problems (other than those involving that Party’s employees), Internet service failures or delays, or the unavailability or Modification by third parties of telecommunications or hosting infrastructure or third-party websites (“Force Majeure”). This Section does not apply to any of Site Host’s obligations under Sections 2, Section 3, Section 4, Section 6, and Section 9.
11.4. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by Site Host except with ChargeLab’s prior written consent. ChargeLab may transfer, assign, or subcontract any of its rights and obligations under this Agreement without consent. Any attempt by a Party to assign its rights or obligations under this Agreement, other than as permitted by this Section, will be void and of no effect. Subject to the foregoing, this Agreement inures to the benefit of and is binding upon the Parties and their respective successors and permitted assigns. This Agreement (including Supplementary Terms and Conditions and Order Forms (if any)), is the complete and exclusive statement of the mutual understanding of the Parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both Parties, except as otherwise provided herein. Any terms and conditions appearing on a purchase order or similar document issued by Site Host, or in Site Host’s procurement, invoicing, or vendor onboarding portal: (a) do not apply to the Network Services; (b) do not override or form a part of this Agreement; and (c) are void. Site Host acknowledges that ChargeLab gives no person any authority to agree to terms or conditions on its behalf through such a mechanism, and that anybody who purports to do so or to have such authority is acting without authority, even if the person takes the action that Site Host specifies as acceptance of such terms, such as clicking to accept something. The Parties are independent contractors, and no partnership, franchise, joint venture, agency, fiduciary or employment relationship between the Parties is created by the Agreement. In any action or proceeding to enforce rights under this Agreement, the prevailing Party will be entitled to recover costs and legal fees. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. Nothing contained in this Agreement is intended to, or will be construed to, confer upon any third parties any rights or benefits of any kind, and except as provided in Section 9, no such third parties will be deemed a third-party beneficiary under this Agreement. This Agreement will be governed and construed in accordance with the laws of (i) the Province of Ontario and the federal laws of Canada applicable therein in the case of a Site Host using the Network Services in Canada; or (ii) the State of Delaware and the federal laws of the United States of America applicable therein in the case of a Site Host using the Network Services in the United States, without regard to conflict of laws principles. The Parties will initiate any lawsuits in connection with this Agreement in (iii) Toronto, Ontario in the case of a Site Host using the Network Services in Canada; or (iv) New Castle County, Delaware in the case of a Site Host using the Network Services in the United States, Canada, and irrevocably attorn to the exclusive personal jurisdiction and venue of the courts sitting therein. Notwithstanding the foregoing, a Party may commence lawsuits to seek injunctive relief with respect to a violation of its intellectual property rights or breach of confidentiality obligations, in each case, in any appropriate jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement. The terms “include” and “including” mean, respectively, “include without limitation” and “including without limitation.” The headings of sections of this Agreement are for reference purposes only and have no substantive effect. It is the express wish of the Parties that this Agreement and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.
Supplementary Terms and Conditions for Power Management
Last Updated: February 21, 2024
These Supplementary Terms and Conditions will apply if Site Host has subscribed to Power Management under the Reseller Site Host Agreement with a Reseller. In this Agreement, the term “Power Management” means a feature of the Network Services that can be used to facilitate power management between compatible EVCS. These Supplementary Terms and Conditions are incorporated into, and form part of, this Agreement. Capitalized terms not otherwise defined in these Supplementary Terms and Conditions will have the meanings ascribed to such terms in the Terms of Service.
1. Configuring Power Management
1.1. As part of configuring Power Management, Site Host is responsible for timely providing ChargeLab all information that ChargeLab has requested with regards to Site Host’s setup of EVCS at the applicable Site (“Power Management Set Up Information”). Such Power Management Set Up Information may be requested by ChargeLab through the Dashboard or through other means. Site Host represents and warrants that all such information is true, complete and accurate.
1.2. Site Host agrees that only those EVCS models that have been pre-approved by ChargeLab may be used by Site Host in connection with Power Management.
1.3. Site Host will comply with all Policies for Power Management in the guide or other documentation provided by Reseller or ChargeLab.
2. Power Management Disclaimers
IN ADDITION TO ANY DISCLAIMERS OR LIMITATIONS OF LIABILITY SET OUT IN THE TERMS OF SERVICE, CHARGELAB AND ITS SUPPLIERS, LICENSORS, OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES WILL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY FOR ANY DAMAGES INCURRED BY SITE HOST (INCLUDING DAMAGES TO SITE HOST’S EQUIPMENT OR SITE) IN CONNECTION WITH POWER MANAGEMENT IF: (A) SITE HOST HAS PROVIDED CHARGELAB WITH ANY INCORRECT, INCOMPLETE OR INACCURATE POWER MANAGEMENT SET UP INFORMATION PURSUANT TO SECTION 1.1; (B) SITE HOST’S EVCS HAVE BEEN RECONFIGURED OR ARE FACTORY RESET UNLESS SUCH RECONFIGURATION OR FACTORY RESET WAS EXPRESSLY REQUESTED BY CHARGELAB; (C) EVCS ARE DISCONNECTED OR REPLACED WITH EVCS THAT HAVE NOT BEEN SET UP OR CONFIGURED TO FUNCTION WITH POWER MANAGEMENT; (D) SITE HOST’S EQUIPMENT EXPERIENCES ANY BUGS, ERRORS, OR ISSUES; OR (E) IF SUCH DAMAGES AROSE DUE TO ANY FAILURES IN TELECOMMUNICATION NETWORKS, MISUSE OF EVCS BY END USERS, OR ANY OTHER FACTORS OUTSIDE THE REASONABLE CONTROL OF CHARGELAB.
3. Power Management Letter
If Reseller or Site Host has previously agreed to a power management configuration letter with ChargeLab, then notwithstanding anything to the contrary in such letter, this Agreement, including these Supplementary Terms and Conditions, supersedes and replaces any prior letters or order forms executed by the Reseller or Site Host or any other terms provided by Reseller (including in any purchase order acknowledgment or other form) with respect Power Management related to the Site and the Network Services.
Site Host Refund Policy
Last Updated: September 24, 2024
Introduction
Thank you for choosing ChargeLab Inc. (“ChargeLab”, “we”, “us” or “our”). This ChargeLab Site Host Refund Policy (“Refund Policy”) supplements our terms of service available on this page (the “Terms of Service”) and outlines the circumstances under which ChargeLab may issue a refund of EVCS Usage Fees to End Users.
Terminology
Capitalized terms used but not otherwise defined in this Refund Policy will have the meanings ascribed to them in the Terms of Service.
Scope of Refund Policy
This Refund Policy applies to EVCS Usage Fees that are collected by ChargeLab from End Users on behalf of Site Host that are then processed by ChargeLab or its Payment Processor. This Refund Policy does not apply when EVCS Usage Fees are collected directly by Site Host or a Reseller. The goal of this Refund Policy is to help Site Host and End Users resolve issues efficiently when discrepancies arise during charging sessions. There is a separate Refund Policy for End Users.
Upon our receipt of an End User ticket requesting a refund, we will notify you of the ticket along with any supporting information and provide you with written notice of our decision to issue a refund.
If Site Host elects to offer discounts or promotions that are not set through the Network Services (“Out-of-Scope Refunds”), then Site Host is responsible for promptly responding to inquiries from End Users relating to such Out of Scope Refunds. If an End User submits a ticket to ChargeLab with respect to an Out-of-Scope Refund, ChargeLab will notify Site Host of the ticket and provide Site Host with supporting information. Site Host is solely responsible for responding to and resolving Out of Scope Refunds with End Users.
If the resolution of an Out-of-Scope Refund requires a refund of EVCS Usage Fees to an End User and ChargeLab collected the EVCS Usage Fees on behalf of Site Host, then Site Host may submit a ticket to ChargeLab requesting that ChargeLab refund the End User (“Out-of-Scope Refund Ticket”). ChargeLab will only be responsible for processing Out-of-Scope Refunds where Site Host has submitted the Out-of-Scope Refund Ticket to ChargeLab within sixty (60) days of the date User paid the EVCS Usage Fees.
We reserve the right, at our sole discretion, to make the final decision on and issue refunds to End Users of EVCS Usage Fees that we collect on your behalf. ChargeLab is not obligated to provide you with detailed evidence validating an issued refund. In the event we issue a refund to an End User, the refunded amount will be deducted from the EVCS Usage Fees that we collected on your behalf.
Site Host Obligations
In order to ensure a good End User experience, Site Host will comply with the following requirements:
- Designate a Point of Contact: Site Host will ensure that an appropriate point of contact for refund notifications is designated at all times on the banking information form accessible through the Dashboard.
- Timely Response: Within 48 Business Hours of receipt of notice from ChargeLab, Site Host will resolve any issues or discrepancies related to EVCS Usage Fees, including replacing or repairing any EVCS where the EVCS is the cause of the issue or discrepancy. “Business Hours” means the hours between 9:00 a.m. and 5:00 p.m. on weekdays, excluding statutory holidays, during which businesses are commonly open and operational.
- Operational Standards: Site Host will monitor and maintain operational standards at charging stations, including installing all firmware updates and performing all necessary maintenance to ensure optimal charging station functionality and performance.
- Financial Accountability: Site Host will be solely responsible for all EVCS Usage Fees refunded to End Users in accordance with this Refund Policy. ChargeLab will deduct all refunds issued to End Users pursuant to this Refund Policy from the EVCS Usage Fees that we collect on your behalf.
Site Host acknowledges and agrees that failure to comply with the foregoing will constitute a material breach of the Terms of Service, giving rise to ChargeLab’s termination right under Section 7.3 of the Terms of Service.
Eligibility
Generally, it is ChargeLab’s policy that all EVCS Usage Fees paid by End Users are non-refundable. However, ChargeLab will consider refund requests from End Users in the following circumstances:
- EVCS Malfunction or Site Host Data or End User Data Error: ChargeLab may issue a refund of EVCS Usage Fees to an End User where ChargeLab has validated a discrepancy between the actual charging session provided to the End User and the charging session recorded or billed through the Network Services. This includes situations where the amount of the EVCS Usage Fee charged does not accurately reflect the charging session received due to a malfunction in the EVCS or an inaccuracy or error in the Site Host Data or End User Data. ChargeLab relies on OCPP logs to validate discrepancies without additional investigation or verification.
- Price Rules and Customers Experience: Subject to the following, ChargeLab will not issue a refund to an End User as a result of a misunderstanding regarding pricing rates or rules. End Users are responsible for understanding the pricing rates and rules associated with each EVCS prior to initiating a charging session. Notwithstanding the foregoing, ChargeLab may issue a refund to an End User in the following circumstances:
- Time Plugged-in Charge. If an End User did not know that they would be charged for time plugged-in instead of kWh consumption, the End User may be eligible for a one-time refund. ChargeLab will reject all subsequent requests for refunds from the same End User for the same time plugged-in charge issue.
- Idle Fees. ChargeLab will not refund idle fees in all cases. However, refunds of idle fees may be considered in cases where significant hardware or software errors with the EVCS resulted in the idle fees or where ChargeLab failed to provide the End User with notification that idle fees would be applied; provided, however, that ChargeLab will be deemed to have provided this notification where ChargeLab provides the notification but the End User has disabled the receipt of notifications from ChargeLab.
- Customer Experience. Ensuring End User satisfaction is important to ChargeLab. ChargeLab reserves the right to issue refunds of EVCS Usage Fees to address End User satisfaction issues.
- As Required by Law. If applicable laws require a refund of EVCS Usage Fees to the End User.
Refund Process
- EVCS Malfunction or Site Host Data or End User Data Error: ChargeLab will endeavor to process the refund for the applicable End User within 48 Business Hours following ChargeLab’s verification of the error. ChargeLab will provide Site Host with a notification that a refund has been issued and any relevant information related to such refund. ChargeLab will credit any refunded amounts back to the original payment method used by the End User to pay the EVCS Usage Fee being refunded.
- Price Rules and Customers Experience: ChargeLab will endeavor to process the refund to the applicable End User within 96 Business Hours following its determination that the End User is eligible for the refund. ChargeLab will provide Site Host with a notification that a refund has been issued and any relevant information related to such refund. ChargeLab will credit any refunded amounts back to the original payment method used by the End User to pay the EVCS Usage Fee being refunded.
- Refund Receipt: ChargeLab will provide Site Host with a transaction receipt for refunds issued pursuant to this Refund Policy.
Additional Terms
- Reseller Refund Policies: If Site Host is a party to a Reseller Site Host Agreement, additional or different refund terms may apply. However, ChargeLab will not be bound by the terms of any Reseller refund policy. In the event of an inconsistency between the terms of this Refund Policy and the terms of a Reseller refund policy, this Refund Policy will govern.
- Pre-authorization Holds: Pre-authorization holds are released automatically. We cannot guarantee the timing of these refunds as it is dependent on an End User’s financial institution.
- Financial Institution Fees: Any extra fees applied by an End User’s financial institution, such as foreign transaction fees or service fees, are not eligible for refund.
Modifications to Refund Policy
We may modify this Refund Policy at any time by posting a revised version on this page, Dashboard or by otherwise notifying you in accordance with Section 11 of the Terms of Service.
Privacy policy
Privacy policy
Last updated: October 3, 2024
This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Services and tells You about Your privacy rights and how the law protects You.
We use Your Personal data to provide and improve the Services. By using the Services, You agree to the collection and use of information in accordance with this Privacy Policy.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of this Privacy Policy:
- Account means a unique account created for You to access our Services or parts of our Services.
- Company (referred to as either "the Company", "We", "Us"; or "Our"; in this Agreement) refers to (i) ChargeLab Inc., a company registered in Ontario with a mailing address of 122 Judge Road, Etobicoke, ON M8Z 5B7 if you are using the Services in Canada; or (ii) ChargeLab USA Inc., a company registered in Delaware with a mailing address of 1049 El Monte Ave, Suite C #592, Mountain View, CA 94040 if you are using the Services in the United States.
- Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
- Country refers the United States or Canada.
- Device means any device that can access the Services such as a computer, a cellphone or a digital tablet.
- Personal Data is any information that relates to an identified or identifiable individual.
- Services refers to Websites owned by ChargeLab (www.chargelab.co, www.chargelab.io, www.chargelab.app, www.charge.id, www.chrg.co); the ChargeLab app for iOS and Android; electric vehicle charger (EVC) connectivity and usage services; and other services that ChargeLab may offer from time to time.
- Services Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Services, to provide the Services on behalf of the Company, to perform services related to the Services or to assist the Company in analyzing how the Services is used.
- Usage Data refers to data collected automatically, either generated by the use of the Services or from the Services infrastructure itself (for example, the duration of a page visit or data related to an electric vehicle charging session).
- Websites refers to ChargeLab's websites, accessible from www.chargelab.co, www.chargelab.io, www.chargelab.app, www.charge.id, or www.chrg.co.
- You means the individual accessing or using the Services, or the company, or other legal entity on behalf of which such individual is accessing or using the Services, as applicable.
Collecting and Using Your Personal Data
Types of Data Collected
Personal Data
While using Our Services, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to email address; first and last name; phone number; address, city, state/province, ZIP/postal code; company; and usage data.
Usage Data
Usage Data is collected automatically when using the Services.
Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Services that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When You access the Services by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our Services or when You access the Services by or through a mobile device.
Tracking Technologies and Cookies
We use Cookies and similar tracking technologies to track the activity on Our Services and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Services.
You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Services.
For more information about the cookies we use and your choices regarding cookies, please read our Cookie Policy above.
Use of Your Personal Data
The Company may use Personal Data for the following purposes:
- To provide and maintain our Services, including to monitor the usage of our Services.
- To manage Your Account: to manage Your registration as a user of the Services. The Personal Data You provide can give You access to different functionalities of the Services that are available to You as a registered user.
- For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Services.
- To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
- To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
- To manage Your requests: To attend and manage Your requests to Us.
We may share your personal information in the following situations:
- With Services Providers: We may share Your personal information with Services Providers to monitor and analyze the use of our Services, to contact You.
- For Business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of our business to another company.
- With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy.
- With Business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
- With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If You interact with other users or register through a Third-Party Social Media Service, Your contacts on the Third-Party Social Media Service may see Your name, profile, pictures and description of Your activity. Similarly, other users will be able to view descriptions of Your activity, communicate with You and view Your profile.
- With your Electricity Provider: We may share or Transfer Your personal information to Your local Electricity Provider, including the Jamaica Public Service Company Limited if You access our Services from Jamaica.
Retention of Your Personal Data
The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Services, or We are legally obligated to retain this data for longer time periods.
Personal user data is retained indefinitely, but will be deleted within 60 days of contract termination or account deletion. Users can delete their account from within the app.
Transfer of Your Personal Data
Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to—and maintained on—computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.
Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.
The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.
Disclosure of Your Personal Data
Business Transactions
If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.
Law enforcement
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Other legal requirements
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to: comply with a legal obligation; protect and defend the rights or property of the Company; prevent or investigate possible wrongdoing in connection with the Services; protect the personal safety of Users of the Services or the public; protect against legal liability.
Security of Your Personal Data
The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
Your California Privacy Rights (California's Shine the Light law)
Under California Civil Code Section 1798 (California's Shine the Light law), California residents with an established business relationship with us can request information once a year about sharing their Personal Data with third parties for the third parties' direct marketing purposes.
If you'd like to request more information under the California Shine the Light law, and if you are a California resident, You can contact Us using the contact information provided below.
California Privacy Rights for Minor Users (California Business and Professions Code Section 22581)
California Business and Professions Code section 22581 allow California residents under the age of 18 who are registered users of online sites, services or applications to request and obtain removal of content or information they have publicly posted.
To request removal of such data, and if you are a California resident, You can contact Us using the contact information provided below, and include the email address associated with Your account.
Be aware that Your request does not guarantee complete or comprehensive removal of content or information posted online and that the law may not permit or require removal in certain circumstances.
Links to Other Websites
Our Services may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party's site. We strongly advise You to review the Privacy Policy of every site You visit.
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Changes to this Privacy Policy
We may update our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.
We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the "Last updated" date at the top of this Privacy Policy.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
Contact Us
If you have any questions about this Privacy Policy, You can contact us:
- By email: support@chargelab.co
- By visiting this page on our website: www.chargelab.co/contact
- By toll-free phone call from the United States or Canada: 1 (800) 636-0986
- By U.S. mail: 1049 El Monte Ave, Suite C #592, Mountain View, CA 94040
- By Canadian mail: 122 Judge Road, Etobicoke, ON M8Z 5B7
Cookie policy
Cookie Policy
Last updated: October 3, 2024
This Cookies Policy explains what Cookies are and how We use them. You should read this policy so You can understand what type of cookies We use, or the information We collect using Cookies and how that information is used.
Cookies do not typically contain any information that personally identifies a user, but personal information that we store about You may be linked to the information stored in and obtained from Cookies. For further information on how We use, store and keep your personal data secure, see our Privacy Policy.
We do not store sensitive personal information, such as mailing addresses, account passwords, etc. in the Cookies We use.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of this Cookies Policy:
- Company (referred to as either "the Company", "We", "Us"; or "Our"; in this Agreement) refers to (i) ChargeLab Inc., a company registered in Ontario with a mailing address of 122 Judge Road, Etobicoke, ON M8Z 5B7 if you are accessing the Websites from Canada; or (ii) ChargeLab USA Inc., a company registered in Delaware with a mailing address of 1049 El Monte Ave, Suite C #592, Mountain View, CA 94040 if you are accessing the Websites from the United States.
- Cookies means small files that are placed on Your computer, mobile device or any other device by a website, containing details of your browsing history on that website among its many uses.
- Websites refers to ChargeLab's websites, accessible from www.chargelab.co, www.chargelab.io, www.chargelab.app, www.charge.id, or www.chrg.co.
- You means the individual accessing or using the Websites, or a company, or any legal entity on behalf of which such individual is accessing or using the Websites, as applicable.
The use of the Cookies
Type of Cookies We Use
Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close your web browser.
We use both session and persistent Cookies for the purposes set out below:
Necessary / Essential Cookies
- Type: Session Cookies
- Administered by: Us
- Purpose: These Cookies are essential to provide You with services available through the Websites and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
Functionality Cookies
- Type: Persistent Cookies
- Administered by: Us
- Purpose: These Cookies allow us to remember choices You make when You use the Websites, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Websites.
Your Choices Regarding Cookies
If You prefer to avoid the use of Cookies on the Websites, first You must disable the use of Cookies in your browser and then delete the Cookies saved in your browser associated with this website. You may use this option for preventing the use of Cookies at any time.
If You do not accept Our Cookies, You may experience some inconvenience in your use of the Websites and some features may not function properly.
If You'd like to delete Cookies or instruct your web browser to delete or refuse Cookies, please visit the help pages of your web browser.
- For the Chrome web browser, please visit this page from Google: https://support.google.com/accounts/answer/32050
- For the Internet Explorer web browser, please visit this page from Microsoft: http://support.microsoft.com/kb/278835
- For the Firefox web browser, please visit this page from Mozilla: https://support.mozilla.org/en-US/kb/delete-cookies-remove-info-websites-stored
- For the Safari web browser, please visit this page from Apple: https://support.apple.com/guide/safari/manage-cookies-and-website-data-sfri11471/mac
For any other web browser, please visit your web browser's official web pages.
More Information about Cookies
You can learn more about cookies at www.termsfeed.com/blog/cookies/
Contact Us
If you have any questions about this Cookies Policy, You can contact us:
- By email: support@chargelab.co
- By visiting this page on our website: www.chargelab.co/contact
- By toll-free phone call from the United States or Canada: 1 (800) 636-0986
- By U.S. mail: 1049 El Monte Ave, Suite C #592, Mountain View, CA 94040
- By Canadian mail: 122 Judge Road, Etobicoke, ON M8Z 5B7
Third-party notices
Third-party notices
THE FOLLOWING SETS FORTH ATTRIBUTION NOTICES FOR THIRD-PARTY SOFTWARE THAT MAY BE CONTAINED IN PORTIONS OF THE CHARGELAB PRODUCT.
Apache-2.0
The following components are licensed under the Apache-2.0 license reproduced below.
• HikariCP |
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• spring-aop • spring-aspects • spring-beans • spring-boot • spring-boot-autoconfigure • spring-boot-starter • spring-boot-starter-aop • spring-boot-starter-data-jpa • spring-boot-starter-jdbc • spring-boot-starter-json • spring-boot-starter-log4j2 • spring-boot-starter-reactor-netty • spring-boot-starter-thymeleaf • spring-boot-starter-tomcat • spring-boot-starter-web • spring-boot-starter-webflux • spring-context • spring-core • spring-data-commons • spring-data-jpa • spring-expression • spring-jcl • spring-jdbc • spring-orm • spring-tx • spring-web • spring-webflux • spring-webmvc • sqs • third-party-jackson-core • thymeleaf • thymeleaf-extras-java8time • thymeleaf-spring5 • tomcat-embed-core • tomcat-embed-el • tomcat-embed-websocket • unbescape • utils • validation-api • vertx-auth-common • vertx-bridge-common • vertx-core • vertx-mysql-client • vertx-pg-client • vertx-redis-client • vertx-sql-client • vertx-stomp • vertx-uri-template • vertx-web • vertx-web-client • vertx-web-common • woodstox-coreApache License |
Version 2.0, January 2004
http://www.apache.org/licenses/
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Copyright [yyyy] [name of copyright owner]
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.
BSD-2-ClauseThe following component are licensed under the BSD-2-Clause license reproduced below.
• postgresql
• zstd-jniCopyright (c)
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
BSD-3-ClauseThe following component are licensed under the BSD-3-Clause license reproduced below.
• antlr
• istack-commons-runtime
• jakarta.activation
• jakarta.persistence-api
• jakarta.xml.bind-api
• jaxb-runtime
• protobuf-java
• txw2Copyright (c) .
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
3. Neither the name of the copyright holder nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
BSD-4-ClauseThe following component are licensed under the BSD-4-Clause license reproduced below.
• stax2-apiCopyright (c) . All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
3. All advertising materials mentioning features or use of this software must display the following acknowledgement:
This product includes software developed by the organization.
4. Neither the name of the copyright holder nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY COPYRIGHT HOLDER "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL COPYRIGHT HOLDER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Bouncy Castle LicenceThe following component are licensed under the Bouncy Castle Licence license reproduced below.
• bcprov-ext-jdk18onCopyright (c) 2000 - 2024 The Legion of the Bouncy Castle Inc. (https://www.bouncycastle.org)
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.EPL-1.0The following component are licensed under the EPL-1.0 license reproduced below.
• vertx-auth-common
• vertx-bridge-common
• vertx-redis-client
• vertx-stomp
• vertx-uri-template
• vertx-web-client
• vertx-web-commonEclipse Public License - v 1.0
THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
1. DEFINITIONS
"Contribution" means:
a) in the case of the initial Contributor, the initial code and documentation distributed under this Agreement, and
b) in the case of each subsequent Contributor:
i) changes to the Program, and
ii) additions to the Program;
where such changes and/or additions to the Program originate from and are distributed by that particular Contributor. A Contribution 'originates' from a Contributor if it was added to the Program by such Contributor itself or anyone acting on such Contributor's behalf. Contributions do not include additions to the Program which: (i) are separate modules of software distributed in conjunction with the Program under their own license agreement, and (ii) are not derivative works of the Program.
"Contributor" means any person or entity that distributes the Program.
"Licensed Patents" mean patent claims licensable by a Contributor which are necessarily infringed by the use or sale of its Contribution alone or when combined with the Program.
"Program" means the Contributions distributed in accordance with this Agreement.
"Recipient" means anyone who receives the Program under this Agreement, including all Contributors.
2. GRANT OF RIGHTS
a) Subject to the terms of this Agreement, each Contributor hereby grants Recipient a non-exclusive, worldwide, royalty-free copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, distribute and sublicense the Contribution of such Contributor, if any, and such derivative works, in source code and object code form.
b) Subject to the terms of this Agreement, each Contributor hereby grants Recipient a non-exclusive, worldwide, royalty-free patent license under Licensed Patents to make, use, sell, offer to sell, import and otherwise transfer the Contribution of such Contributor, if any, in source code and object code form. This patent license shall apply to the combination of the Contribution and the Program if, at the time the Contribution is added by the Contributor, such addition of the Contribution causes such combination to be covered by the Licensed Patents. The patent license shall not apply to any other combinations which include the Contribution. No hardware per se is licensed hereunder.
c) Recipient understands that although each Contributor grants the licenses to its Contributions set forth herein, no assurances are provided by any Contributor that the Program does not infringe the patent or other intellectual property rights of any other entity. Each Contributor disclaims any liability to Recipient for claims brought by any other entity based on infringement of intellectual property rights or otherwise. As a condition to exercising the rights and licenses granted hereunder, each Recipient hereby assumes sole responsibility to secure any other intellectual property rights needed, if any. For example, if a third party patent license is required to allow Recipient to distribute the Program, it is Recipient's responsibility to acquire that license before distributing the Program.
d) Each Contributor represents that to its knowledge it has sufficient copyright rights in its Contribution, if any, to grant the copyright license set forth in this Agreement.
3. REQUIREMENTS
A Contributor may choose to distribute the Program in object code form under its own license agreement, provided that:
a) it complies with the terms and conditions of this Agreement; and
b) its license agreement:
i) effectively disclaims on behalf of all Contributors all warranties and conditions, express and implied, including warranties or conditions of title and non-infringement, and implied warranties or conditions of merchantability and fitness for a particular purpose;
ii) effectively excludes on behalf of all Contributors all liability for damages, including direct, indirect, special, incidental and consequential damages, such as lost profits;
iii) states that any provisions which differ from this Agreement are offered by that Contributor alone and not by any other party; and
iv) states that source code for the Program is available from such Contributor, and informs licensees how to obtain it in a reasonable manner on or through a medium customarily used for software exchange.
When the Program is made available in source code form:
a) it must be made available under this Agreement; and
b) a copy of this Agreement must be included with each copy of the Program.
Contributors may not remove or alter any copyright notices contained within the Program.
Each Contributor must identify itself as the originator of its Contribution, if any, in a manner that reasonably allows subsequent Recipients to identify the originator of the Contribution.
4. COMMERCIAL DISTRIBUTION
Commercial distributors of software may accept certain responsibilities with respect to end users, business partners and the like. While this license is intended to facilitate the commercial use of the Program, the Contributor who includes the Program in a commercial product offering should do so in a manner which does not create potential liability for other Contributors. Therefore, if a Contributor includes the Program in a commercial product offering, such Contributor ("Commercial Contributor") hereby agrees to defend and indemnify every other Contributor ("Indemnified Contributor") against any losses, damages and costs (collectively "Losses") arising from claims, lawsuits and other legal actions brought by a third party against the Indemnified Contributor to the extent caused by the acts or omissions of such Commercial Contributor in connection with its distribution of the Program in a commercial product offering. The obligations in this section do not apply to any claims or Losses relating to any actual or alleged intellectual property infringement. In order to qualify, an Indemnified Contributor must: a) promptly notify the Commercial Contributor in writing of such claim, and b) allow the Commercial Contributor to control, and cooperate with the Commercial Contributor in, the defense and any related settlement negotiations. The Indemnified Contributor may participate in any such claim at its own expense.
For example, a Contributor might include the Program in a commercial product offering, Product X. That Contributor is then a Commercial Contributor. If that Commercial Contributor then makes performance claims, or offers warranties related to Product X, those performance claims and warranties are such Commercial Contributor's responsibility alone. Under this section, the Commercial Contributor would have to defend claims against the other Contributors related to those performance claims and warranties, and if a court requires any other Contributor to pay any damages as a result, the Commercial Contributor must pay those damages.
5. NO WARRANTY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED 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. Each Recipient is solely responsible for determining the appropriateness of using and distributing the Program and assumes all risks associated with its exercise of rights under this Agreement , including but not limited to the risks and costs of program errors, compliance with applicable laws, damage to or loss of data, programs or equipment, and unavailability or interruption of operations.
6. DISCLAIMER OF LIABILITY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. GENERAL
If any provision of this Agreement is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this Agreement, and without further action by the parties hereto, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
If Recipient institutes patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Program itself (excluding combinations of the Program with other software or hardware) infringes such Recipient's patent(s), then such Recipient's rights granted under Section 2(b) shall terminate as of the date such litigation is filed.
All Recipient's rights under this Agreement shall terminate if it fails to comply with any of the material terms or conditions of this Agreement and does not cure such failure in a reasonable period of time after becoming aware of such noncompliance. If all Recipient's rights under this Agreement terminate, Recipient agrees to cease use and distribution of the Program as soon as reasonably practicable. However, Recipient's obligations under this Agreement and any licenses granted by Recipient relating to the Program shall continue and survive.
Everyone is permitted to copy and distribute copies of this Agreement, but in order to avoid inconsistency the Agreement is copyrighted and may only be modified in the following manner. The Agreement Steward reserves the right to publish new versions (including revisions) of this Agreement from time to time. No one other than the Agreement Steward has the right to modify this Agreement. The Eclipse Foundation is the initial Agreement Steward. The Eclipse Foundation may assign the responsibility to serve as the Agreement Steward to a suitable separate entity. Each new version of the Agreement will be given a distinguishing version number. The Program (including Contributions) may always be distributed subject to the version of the Agreement under which it was received. In addition, after a new version of the Agreement is published, Contributor may elect to distribute the Program (including its Contributions) under the new version. Except as expressly stated in Sections 2(a) and 2(b) above, Recipient receives no rights or licenses to the intellectual property of any Contributor under this Agreement, whether expressly, by implication, estoppel or otherwise. All rights in the Program not expressly granted under this Agreement are reserved.
This Agreement is governed by the laws of the State of New York and the intellectual property laws of the United States of America. No party to this Agreement will bring a legal action under this Agreement more than one year after the cause of action arose. Each party waives its rights to a jury trial in any resulting litigation.
EPL-2.0The following component are licensed under the EPL-2.0 license reproduced below.
• aspectjweaver
• ecj
• jakarta.annotation-api
• jakarta.el
• jakarta.persistence-api
• jakarta.transaction-api
• vertx-core
• vertx-webEclipse Public License - v 2.0
THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE PUBLIC LICENSE (“AGREEMENT”). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
1. DEFINITIONS
“Contribution” means:
a) in the case of the initial Contributor, the initial content Distributed under this Agreement, and
b) in the case of each subsequent Contributor:
i) changes to the Program, and
ii) additions to the Program;
where such changes and/or additions to the Program originate from and are Distributed by that particular Contributor. A Contribution “originates” from a Contributor if it was added to the Program by such Contributor itself or anyone acting on such Contributor's behalf. Contributions do not include changes or additions to the Program that are not Modified Works.
“Contributor” means any person or entity that Distributes the Program.
“Licensed Patents” mean patent claims licensable by a Contributor which are necessarily infringed by the use or sale of its Contribution alone or when combined with the Program.
“Program” means the Contributions Distributed in accordance with this Agreement.
“Recipient” means anyone who receives the Program under this Agreement or any Secondary License (as applicable), including Contributors.
“Derivative Works” shall mean any work, whether in Source Code or other form, that is based on (or derived from) the Program and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship.
“Modified Works” shall mean any work in Source Code or other form that results from an addition to, deletion from, or modification of the contents of the Program, including, for purposes of clarity any new file in Source Code form that contains any contents of the Program. Modified Works shall not include works that contain only declarations, interfaces, types, classes, structures, or files of the Program solely in each case in order to link to, bind by name, or subclass the Program or Modified Works thereof.
“Distribute” means the acts of a) distributing or b) making available in any manner that enables the transfer of a copy.
“Source Code” means the form of a Program preferred for making modifications, including but not limited to software source code, documentation source, and configuration files.
“Secondary License” means either the GNU General Public License, Version 2.0, or any later versions of that license, including any exceptions or additional permissions as identified by the initial Contributor.
2. GRANT OF RIGHTS
a) Subject to the terms of this Agreement, each Contributor hereby grants Recipient a non-exclusive, worldwide, royalty-free copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, Distribute and sublicense the Contribution of such Contributor, if any, and such Derivative Works.
b) Subject to the terms of this Agreement, each Contributor hereby grants Recipient a non-exclusive, worldwide, royalty-free patent license under Licensed Patents to make, use, sell, offer to sell, import and otherwise transfer the Contribution of such Contributor, if any, in Source Code or other form. This patent license shall apply to the combination of the Contribution and the Program if, at the time the Contribution is added by the Contributor, such addition of the Contribution causes such combination to be covered by the Licensed Patents. The patent license shall not apply to any other combinations which include the Contribution. No hardware per se is licensed hereunder.
c) Recipient understands that although each Contributor grants the licenses to its Contributions set forth herein, no assurances are provided by any Contributor that the Program does not infringe the patent or other intellectual property rights of any other entity. Each Contributor disclaims any liability to Recipient for claims brought by any other entity based on infringement of intellectual property rights or otherwise. As a condition to exercising the rights and licenses granted hereunder, each Recipient hereby assumes sole responsibility to secure any other intellectual property rights needed, if any. For example, if a third party patent license is required to allow Recipient to Distribute the Program, it is Recipient's responsibility to acquire that license before distributing the Program.
d) Each Contributor represents that to its knowledge it has sufficient copyright rights in its Contribution, if any, to grant the copyright license set forth in this Agreement.
e) Notwithstanding the terms of any Secondary License, no Contributor makes additional grants to any Recipient (other than those set forth in this Agreement) as a result of such Recipient's receipt of the Program under the terms of a Secondary License (if permitted under the terms of Section 3).
3. REQUIREMENTS
3.1 If a Contributor Distributes the Program in any form, then:
a) the Program must also be made available as Source Code, in accordance with section 3.2, and the Contributor must accompany the Program with a statement that the Source Code for the Program is available under this Agreement, and informs Recipients how to obtain it in a reasonable manner on or through a medium customarily used for software exchange; and
b) the Contributor may Distribute the Program under a license different than this Agreement, provided that such license:
i) effectively disclaims on behalf of all other Contributors all warranties and conditions, express and implied, including warranties or conditions of title and non-infringement, and implied warranties or conditions of merchantability and fitness for a particular purpose;
ii) effectively excludes on behalf of all other Contributors all liability for damages, including direct, indirect, special, incidental and consequential damages, such as lost profits;
iii) does not attempt to limit or alter the recipients' rights in the Source Code under section 3.2; and
iv) requires any subsequent distribution of the Program by any party to be under a license that satisfies the requirements of this section 3.
3.2 When the Program is Distributed as Source Code:
a) it must be made available under this Agreement, or if the Program (i) is combined with other material in a separate file or files made available under a Secondary License, and (ii) the initial Contributor attached to the Source Code the notice described in Exhibit A of this Agreement, then the Program may be made available under the terms of such Secondary Licenses, and
b) a copy of this Agreement must be included with each copy of the Program.
3.3 Contributors may not remove or alter any copyright, patent, trademark, attribution notices, disclaimers of warranty, or limitations of liability (‘notices’) contained within the Program from any copy of the Program which they Distribute, provided that Contributors may add their own appropriate notices.
4. COMMERCIAL DISTRIBUTION
Commercial distributors of software may accept certain responsibilities with respect to end users, business partners and the like. While this license is intended to facilitate the commercial use of the Program, the Contributor who includes the Program in a commercial product offering should do so in a manner which does not create potential liability for other Contributors. Therefore, if a Contributor includes the Program in a commercial product offering, such Contributor (“Commercial Contributor”) hereby agrees to defend and indemnify every other Contributor (“Indemnified Contributor”) against any losses, damages and costs (collectively “Losses”) arising from claims, lawsuits and other legal actions brought by a third party against the Indemnified Contributor to the extent caused by the acts or omissions of such Commercial Contributor in connection with its distribution of the Program in a commercial product offering. The obligations in this section do not apply to any claims or Losses relating to any actual or alleged intellectual property infringement. In order to qualify, an Indemnified Contributor must: a) promptly notify the Commercial Contributor in writing of such claim, and b) allow the Commercial Contributor to control, and cooperate with the Commercial Contributor in, the defense and any related settlement negotiations. The Indemnified Contributor may participate in any such claim at its own expense.
For example, a Contributor might include the Program in a commercial product offering, Product X. That Contributor is then a Commercial Contributor. If that Commercial Contributor then makes performance claims, or offers warranties related to Product X, those performance claims and warranties are such Commercial Contributor's responsibility alone. Under this section, the Commercial Contributor would have to defend claims against the other Contributors related to those performance claims and warranties, and if a court requires any other Contributor to pay any damages as a result, the Commercial Contributor must pay those damages.
5. NO WARRANTY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE PROGRAM IS PROVIDED 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. Each Recipient is solely responsible for determining the appropriateness of using and distributing the Program and assumes all risks associated with its exercise of rights under this Agreement, including but not limited to the risks and costs of program errors, compliance with applicable laws, damage to or loss of data, programs or equipment, and unavailability or interruption of operations.
6. DISCLAIMER OF LIABILITY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER RECIPIENT NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. GENERAL
If any provision of this Agreement is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this Agreement, and without further action by the parties hereto, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
If Recipient institutes patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Program itself (excluding combinations of the Program with other software or hardware) infringes such Recipient's patent(s), then such Recipient's rights granted under Section 2(b) shall terminate as of the date such litigation is filed.
All Recipient's rights under this Agreement shall terminate if it fails to comply with any of the material terms or conditions of this Agreement and does not cure such failure in a reasonable period of time after becoming aware of such noncompliance. If all Recipient's rights under this Agreement terminate, Recipient agrees to cease use and distribution of the Program as soon as reasonably practicable. However, Recipient's obligations under this Agreement and any licenses granted by Recipient relating to the Program shall continue and survive.
Everyone is permitted to copy and distribute copies of this Agreement, but in order to avoid inconsistency the Agreement is copyrighted and may only be modified in the following manner. The Agreement Steward reserves the right to publish new versions (including revisions) of this Agreement from time to time. No one other than the Agreement Steward has the right to modify this Agreement. The Eclipse Foundation is the initial Agreement Steward. The Eclipse Foundation may assign the responsibility to serve as the Agreement Steward to a suitable separate entity. Each new version of the Agreement will be given a distinguishing version number. The Program (including Contributions) may always be Distributed subject to the version of the Agreement under which it was received. In addition, after a new version of the Agreement is published, Contributor may elect to Distribute the Program (including its Contributions) under the new version.
Except as expressly stated in Sections 2(a) and 2(b) above, Recipient receives no rights or licenses to the intellectual property of any Contributor under this Agreement, whether expressly, by implication, estoppel or otherwise. All rights in the Program not expressly granted under this Agreement are reserved. Nothing in this Agreement is intended to be enforceable by any entity that is not a Contributor or Recipient. No third-party beneficiary rights are created under this Agreement.
Exhibit A – Form of Secondary Licenses Notice
“This Source Code may also be made available under the following Secondary Licenses when the conditions for such availability set forth in the Eclipse Public License, v. 2.0 are satisfied: {name license(s), version(s), and exceptions or additional permissions here}.”
Simply including a copy of this Agreement, including this Exhibit A is not sufficient to license the Source Code under Secondary Licenses.
If it is not possible or desirable to put the notice in a particular file, then You may include the notice in a location (such as a LICENSE file in a relevant directory) where a recipient would be likely to look for such a notice.
You may add additional accurate notices of copyright ownership.
GNU Lesser General Public Licence
The following component are licensed under the GNU Lesser General Public Licence license reproduced below.
• jasperreports
• jcommon
• jfreechart
GNU LESSER GENERAL PUBLIC LICENSE
Version 3, 29 June 2007
Copyright (C) 2007 Free Software Foundation, Inc.
Everyone is permitted to copy and distribute verbatim copies
of this license document, but changing it is not allowed.
This version of the GNU Lesser General Public License incorporates
the terms and conditions of version 3 of the GNU General Public
License, supplemented by the additional permissions listed below.
0. Additional Definitions.
As used herein, "this License" refers to version 3 of the GNU Lesser
General Public License, and the "GNU GPL" refers to version 3 of the GNU
General Public License.
"The Library" refers to a covered work governed by this License,
other than an Application or a Combined Work as defined below.
An "Application" is any work that makes use of an interface provided
by the Library, but which is not otherwise based on the Library.
Defining a subclass of a class defined by the Library is deemed a mode
of using an interface provided by the Library.
A "Combined Work" is a work produced by combining or linking an
Application with the Library. The particular version of the Library
with which the Combined Work was made is also called the "Linked
Version".
The "Minimal Corresponding Source" for a Combined Work means the
Corresponding Source for the Combined Work, excluding any source code
for portions of the Combined Work that, considered in isolation, are
based on the Application, and not on the Linked Version.
The "Corresponding Application Code" for a Combined Work means the
object code and/or source code for the Application, including any data
and utility programs needed for reproducing the Combined Work from the
Application, but excluding the System Libraries of the Combined Work.
1. Exception to Section 3 of the GNU GPL.
You may convey a covered work under sections 3 and 4 of this License
without being bound by section 3 of the GNU GPL.
2. Conveying Modified Versions.
If you modify a copy of the Library, and, in your modifications, a
facility refers to a function or data to be supplied by an Application
that uses the facility (other than as an argument passed when the
facility is invoked), then you may convey a copy of the modified
version:
a) under this License, provided that you make a good faith effort to
ensure that, in the event an Application does not supply the
function or data, the facility still operates, and performs
whatever part of its purpose remains meaningful, or
b) under the GNU GPL, with none of the additional permissions of
this License applicable to that copy.
3. Object Code Incorporating Material from Library Header Files.
The object code form of an Application may incorporate material from
a header file that is part of the Library. You may convey such object
code under terms of your choice, provided that, if the incorporated
material is not limited to numerical parameters, data structure
layouts and accessors, or small macros, inline functions and templates
(ten or fewer lines in length), you do both of the following:
a) Give prominent notice with each copy of the object code that the
Library is used in it and that the Library and its use are
covered by this License.
b) Accompany the object code with a copy of the GNU GPL and this license
document.
4. Combined Works.
You may convey a Combined Work under terms of your choice that,
taken together, effectively do not restrict modification of the
portions of the Library contained in the Combined Work and reverse
engineering for debugging such modifications, if you also do each of
the following:
a) Give prominent notice with each copy of the Combined Work that
the Library is used in it and that the Library and its use are
covered by this License.
b) Accompany the Combined Work with a copy of the GNU GPL and this license
document.
c) For a Combined Work that displays copyright notices during
execution, include the copyright notice for the Library among
these notices, as well as a reference directing the user to the
copies of the GNU GPL and this license document.
d) Do one of the following:
0) Convey the Minimal Corresponding Source under the terms of this
License, and the Corresponding Application Code in a form
suitable for, and under terms that permit, the user to
recombine or relink the Application with a modified version of
the Linked Version to produce a modified Combined Work, in the
manner specified by section 6 of the GNU GPL for conveying
Corresponding Source.
1) Use a suitable shared library mechanism for linking with the
Library. A suitable mechanism is one that (a) uses at run time
a copy of the Library already present on the user's computer
system, and (b) will operate properly with a modified version
of the Library that is interface-compatible with the Linked
Version.
e) Provide Installation Information, but only if you would otherwise
be required to provide such information under section 6 of the
GNU GPL, and only to the extent that such information is
necessary to install and execute a modified version of the
Combined Work produced by recombining or relinking the
Application with a modified version of the Linked Version. (If
you use option 4d0, the Installation Information must accompany
the Minimal Corresponding Source and Corresponding Application
Code. If you use option 4d1, you must provide the Installation
Information in the manner specified by section 6 of the GNU GPL
for conveying Corresponding Source.)
5. Combined Libraries.
You may place library facilities that are a work based on the
Library side by side in a single library together with other library
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under Section 2) in object code or executable form under the terms of
Sections 1 and 2 above provided that you also do one of the following:
a) Accompany it with the complete corresponding machine-readable
source code, which must be distributed under the terms of Sections
1 and 2 above on a medium customarily used for software interchange; or,
b) Accompany it with a written offer, valid for at least three
years, to give any third party, for a charge no more than your
cost of physically performing source distribution, a complete
machine-readable copy of the corresponding source code, to be
distributed under the terms of Sections 1 and 2 above on a medium
customarily used for software interchange; or,
c) Accompany it with the information you received as to the offer
to distribute corresponding source code. (This alternative is
allowed only for noncommercial distribution and only if you
received the program in object code or executable form with such
an offer, in accord with Subsection b above.)
The source code for a work means the preferred form of the work for
making modifications to it. For an executable work, complete source
code means all the source code for all modules it contains, plus any
associated interface definition files, plus the scripts used to
control compilation and installation of the executable. However, as a
special exception, the source code distributed need not include
anything that is normally distributed (in either source or binary
form) with the major components (compiler, kernel, and so on) of the
operating system on which the executable runs, unless that component
itself accompanies the executable.
If distribution of executable or object code is made by offering
access to copy from a designated place, then offering equivalent
access to copy the source code from the same place counts as
distribution of the source code, even though third parties are not
compelled to copy the source along with the object code.
4. You may not copy, modify, sublicense, or distribute the Program
except as expressly provided under this License. Any attempt
otherwise to copy, modify, sublicense or distribute the Program is
void, and will automatically terminate your rights under this License.
However, parties who have received copies, or rights, from you under
this License will not have their licenses terminated so long as such
parties remain in full compliance.
5. You are not required to accept this License, since you have not
signed it. However, nothing else grants you permission to modify or
distribute the Program or its derivative works. These actions are
prohibited by law if you do not accept this License. Therefore, by
modifying or distributing the Program (or any work based on the
Program), you indicate your acceptance of this License to do so, and
all its terms and conditions for copying, distributing or modifying
the Program or works based on it.
6. Each time you redistribute the Program (or any work based on the
Program), the recipient automatically receives a license from the
original licensor to copy, distribute or modify the Program subject to
these terms and conditions. You may not impose any further
restrictions on the recipients' exercise of the rights granted herein.
You are not responsible for enforcing compliance by third parties to
this License.
7. If, as a consequence of a court judgment or allegation of patent
infringement or for any other reason (not limited to patent issues),
conditions are imposed on you (whether by court order, agreement or
otherwise) that contradict the conditions of this License, they do not
excuse you from the conditions of this License. If you cannot
distribute so as to satisfy simultaneously your obligations under this
License and any other pertinent obligations, then as a consequence you
may not distribute the Program at all. For example, if a patent
license would not permit royalty-free redistribution of the Program by
all those who receive copies directly or indirectly through you, then
the only way you could satisfy both it and this License would be to
refrain entirely from distribution of the Program.
If any portion of this section is held invalid or unenforceable under
any particular circumstance, the balance of the section is intended to
apply and the section as a whole is intended to apply in other
circumstances.
It is not the purpose of this section to induce you to infringe any
patents or other property right claims or to contest validity of any
such claims; this section has the sole purpose of protecting the
integrity of the free software distribution system, which is
implemented by public license practices. Many people have made
generous contributions to the wide range of software distributed
through that system in reliance on consistent application of that
system; it is up to the author/donor to decide if he or she is willing
to distribute software through any other system and a licensee cannot
impose that choice.
This section is intended to make thoroughly clear what is believed to
be a consequence of the rest of this License.
8. If the distribution and/or use of the Program is restricted in
certain countries either by patents or by copyrighted interfaces, the
original copyright holder who places the Program under this License
may add an explicit geographical distribution limitation excluding
those countries, so that distribution is permitted only in or among
countries not thus excluded. In such case, this License incorporates
the limitation as if written in the body of this License.
9. The Free Software Foundation may publish revised and/or new versions
of the General Public License from time to time. Such new versions will
be similar in spirit to the present version, but may differ in detail to
address new problems or concerns.
Each version is given a distinguishing version number. If the Program
specifies a version number of this License which applies to it and "any
later version", you have the option of following the terms and conditions
either of that version or of any later version published by the Free
Software Foundation. If the Program does not specify a version number of
this License, you may choose any version ever published by the Free Software
Foundation.
10. If you wish to incorporate parts of the Program into other free
programs whose distribution conditions are different, write to the author
to ask for permission. For software which is copyrighted by the Free
Software Foundation, write to the Free Software Foundation; we sometimes
make exceptions for this. Our decision will be guided by the two goals
of preserving the free status of all derivatives of our free software and
of promoting the sharing and reuse of software generally.
NO WARRANTY
11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY
FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN
OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES
PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS
TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE
PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION.
12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING
WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR
REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES,
INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING
OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED
TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY
YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER
PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
END OF TERMS AND CONDITIONS
How to Apply These Terms to Your New Programs
If you develop a new program, and you want it to be of the greatest
possible use to the public, the best way to achieve this is to make it
free software which everyone can redistribute and change under these terms.
To do so, attach the following notices to the program. It is safest
to attach them to the start of each source file to most effectively
convey the exclusion of warranty; and each file should have at least
the "copyright" line and a pointer to where the full notice is found.
Copyright (C)
This program is free software; you can redistribute it and/or modify
it under the terms of the GNU General Public License as published by
the Free Software Foundation; either version 2 of the License, or
(at your option) any later version.
This program is distributed in the hope that it will be useful,
but WITHOUT ANY WARRANTY; without even the implied warranty of
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the
GNU General Public License for more details.
You should have received a copy of the GNU General Public License along
with this program; if not, write to the Free Software Foundation, Inc.,
51 Franklin Street, Fifth Floor, Boston, MA 02110-1301 USA.
Also add information on how to contact you by electronic and paper mail.
If the program is interactive, make it output a short notice like this
when it starts in an interactive mode:
Gnomovision version 69, Copyright (C) year name of author
Gnomovision comes with ABSOLUTELY NO WARRANTY; for details type `show w'.
This is free software, and you are welcome to redistribute it
under certain conditions; type `show c' for details.
The hypothetical commands `show w' and `show c' should show the appropriate
parts of the General Public License. Of course, the commands you use may
be called something other than `show w' and `show c'; they could even be
mouse-clicks or menu items--whatever suits your program.
You should also get your employer (if you work as a programmer) or your
school, if any, to sign a "copyright disclaimer" for the program, if
necessary. Here is a sample; alter the names:
Yoyodyne, Inc., hereby disclaims all copyright interest in the program
`Gnomovision' (which makes passes at compilers) written by James Hacker.
, 1 April 1989
Ty Coon, President of Vice
This General Public License does not permit incorporating your program into
proprietary programs. If your program is a subroutine library, you may
consider it more useful to permit linking proprietary applications with the
library. If this is what you want to do, use the GNU Lesser General
Public License instead of this License.
GPL-2.0-with-classpath-exceptionThe following component are licensed under the GPL-2.0-with-classpath-exception license reproduced below.
• jakarta.annotation-api
• jakarta.el
• jakarta.transaction-api
GNU GENERAL PUBLIC LICENSE
Version 2, June 1991
Copyright (C) 1989, 1991 Free Software Foundation, Inc.,
51 Franklin Street, Fifth Floor, Boston, MA 02110-1301 USA
Everyone is permitted to copy and distribute verbatim copies
of this license document, but changing it is not allowed.
Preamble
The licenses for most software are designed to take away your
freedom to share and change it. By contrast, the GNU General Public
License is intended to guarantee your freedom to share and change free
software--to make sure the software is free for all its users. This
General Public License applies to most of the Free Software
Foundation's software and to any other program whose authors commit to
using it. (Some other Free Software Foundation software is covered by
the GNU Lesser General Public License instead.) You can apply it to
your programs, too.
When we speak of free software, we are referring to freedom, not
price. Our General Public Licenses are designed to make sure that you
have the freedom to distribute copies of free software (and charge for
this service if you wish), that you receive source code or can get it
if you want it, that you can change the software or use pieces of it
in new free programs; and that you know you can do these things.
To protect your rights, we need to make restrictions that forbid
anyone to deny you these rights or to ask you to surrender the rights.
These restrictions translate to certain responsibilities for you if you
distribute copies of the software, or if you modify it.
For example, if you distribute copies of such a program, whether
gratis or for a fee, you must give the recipients all the rights that
you have. You must make sure that they, too, receive or can get the
source code. And you must show them these terms so they know their
rights.
We protect your rights with two steps: (1) copyright the software, and
(2) offer you this license which gives you legal permission to copy,
distribute and/or modify the software.
Also, for each author's protection and ours, we want to make certain
that everyone understands that there is no warranty for this free
software. If the software is modified by someone else and passed on, we
want its recipients to know that what they have is not the original, so
that any problems introduced by others will not reflect on the original
authors' reputations.
Finally, any free program is threatened constantly by software
patents. We wish to avoid the danger that redistributors of a free
program will individually obtain patent licenses, in effect making the
program proprietary. To prevent this, we have made it clear that any
patent must be licensed for everyone's free use or not licensed at all.
The precise terms and conditions for copying, distribution and
modification follow.
GNU GENERAL PUBLIC LICENSE
TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
0. This License applies to any program or other work which contains
a notice placed by the copyright holder saying it may be distributed
under the terms of this General Public License. The "Program", below,
refers to any such program or work, and a "work based on the Program"
means either the Program or any derivative work under copyright law:
that is to say, a work containing the Program or a portion of it,
either verbatim or with modifications and/or translated into another
language. (Hereinafter, translation is included without limitation in
the term "modification".) Each licensee is addressed as "you".
Activities other than copying, distribution and modification are not
covered by this License; they are outside its scope. The act of
running the Program is not restricted, and the output from the Program
is covered only if its contents constitute a work based on the
Program (independent of having been made by running the Program).
Whether that is true depends on what the Program does.
1. You may copy and distribute verbatim copies of the Program's
source code as you receive it, in any medium, provided that you
conspicuously and appropriately publish on each copy an appropriate
copyright notice and disclaimer of warranty; keep intact all the
notices that refer to this License and to the absence of any warranty;
and give any other recipients of the Program a copy of this License
along with the Program.
You may charge a fee for the physical act of transferring a copy, and
you may at your option offer warranty protection in exchange for a fee.
2. You may modify your copy or copies of the Program or any portion
of it, thus forming a work based on the Program, and copy and
distribute such modifications or work under the terms of Section 1
above, provided that you also meet all of these conditions:
a) You must cause the modified files to carry prominent notices
stating that you changed the files and the date of any change.
b) You must cause any work that you distribute or publish, that in
whole or in part contains or is derived from the Program or any
part thereof, to be licensed as a whole at no charge to all third
parties under the terms of this License.
c) If the modified program normally reads commands interactively
when run, you must cause it, when started running for such
interactive use in the most ordinary way, to print or display an
announcement including an appropriate copyright notice and a
notice that there is no warranty (or else, saying that you provide
a warranty) and that users may redistribute the program under
these conditions, and telling the user how to view a copy of this
License. (Exception: if the Program itself is interactive but
does not normally print such an announcement, your work based on
the Program is not required to print an announcement.)
These requirements apply to the modified work as a whole. If
identifiable sections of that work are not derived from the Program,
and can be reasonably considered independent and separate works in
themselves, then this License, and its terms, do not apply to those
sections when you distribute them as separate works. But when you
distribute the same sections as part of a whole which is a work based
on the Program, the distribution of the whole must be on the terms of
this License, whose permissions for other licensees extend to the
entire whole, and thus to each and every part regardless of who wrote it.
Thus, it is not the intent of this section to claim rights or contest
your rights to work written entirely by you; rather, the intent is to
exercise the right to control the distribution of derivative or
collective works based on the Program.
In addition, mere aggregation of another work not based on the Program
with the Program (or with a work based on the Program) on a volume of
a storage or distribution medium does not bring the other work under
the scope of this License.
3. You may copy and distribute the Program (or a work based on it,
under Section 2) in object code or executable form under the terms of
Sections 1 and 2 above provided that you also do one of the following:
a) Accompany it with the complete corresponding machine-readable
source code, which must be distributed under the terms of Sections
1 and 2 above on a medium customarily used for software interchange; or,
b) Accompany it with a written offer, valid for at least three
years, to give any third party, for a charge no more than your
cost of physically performing source distribution, a complete
machine-readable copy of the corresponding source code, to be
distributed under the terms of Sections 1 and 2 above on a medium
customarily used for software interchange; or,
c) Accompany it with the information you received as to the offer
to distribute corresponding source code. (This alternative is
allowed only for noncommercial distribution and only if you
received the program in object code or executable form with such
an offer, in accord with Subsection b above.)
The source code for a work means the preferred form of the work for
making modifications to it. For an executable work, complete source
code means all the source code for all modules it contains, plus any
associated interface definition files, plus the scripts used to
control compilation and installation of the executable. However, as a
special exception, the source code distributed need not include
anything that is normally distributed (in either source or binary
form) with the major components (compiler, kernel, and so on) of the
operating system on which the executable runs, unless that component
itself accompanies the executable.
If distribution of executable or object code is made by offering
access to copy from a designated place, then offering equivalent
access to copy the source code from the same place counts as
distribution of the source code, even though third parties are not
compelled to copy the source along with the object code.
4. You may not copy, modify, sublicense, or distribute the Program
except as expressly provided under this License. Any attempt
otherwise to copy, modify, sublicense or distribute the Program is
void, and will automatically terminate your rights under this License.
However, parties who have received copies, or rights, from you under
this License will not have their licenses terminated so long as such
parties remain in full compliance.
5. You are not required to accept this License, since you have not
signed it. However, nothing else grants you permission to modify or
distribute the Program or its derivative works. These actions are
prohibited by law if you do not accept this License. Therefore, by
modifying or distributing the Program (or any work based on the
Program), you indicate your acceptance of this License to do so, and
all its terms and conditions for copying, distributing or modifying
the Program or works based on it.
6. Each time you redistribute the Program (or any work based on the
Program), the recipient automatically receives a license from the
original licensor to copy, distribute or modify the Program subject to
these terms and conditions. You may not impose any further
restrictions on the recipients' exercise of the rights granted herein.
You are not responsible for enforcing compliance by third parties to
this License.
7. If, as a consequence of a court judgment or allegation of patent
infringement or for any other reason (not limited to patent issues),
conditions are imposed on you (whether by court order, agreement or
otherwise) that contradict the conditions of this License, they do not
excuse you from the conditions of this License. If you cannot
distribute so as to satisfy simultaneously your obligations under this
License and any other pertinent obligations, then as a consequence you
may not distribute the Program at all. For example, if a patent
license would not permit royalty-free redistribution of the Program by
all those who receive copies directly or indirectly through you, then
the only way you could satisfy both it and this License would be to
refrain entirely from distribution of the Program.
If any portion of this section is held invalid or unenforceable under
any particular circumstance, the balance of the section is intended to
apply and the section as a whole is intended to apply in other
circumstances.
It is not the purpose of this section to induce you to infringe any
patents or other property right claims or to contest validity of any
such claims; this section has the sole purpose of protecting the
integrity of the free software distribution system, which is
implemented by public license practices. Many people have made
generous contributions to the wide range of software distributed
through that system in reliance on consistent application of that
system; it is up to the author/donor to decide if he or she is willing
to distribute software through any other system and a licensee cannot
impose that choice.
This section is intended to make thoroughly clear what is believed to
be a consequence of the rest of this License.
8. If the distribution and/or use of the Program is restricted in
certain countries either by patents or by copyrighted interfaces, the
original copyright holder who places the Program under this License
may add an explicit geographical distribution limitation excluding
those countries, so that distribution is permitted only in or among
countries not thus excluded. In such case, this License incorporates
the limitation as if written in the body of this License.
9. The Free Software Foundation may publish revised and/or new versions
of the General Public License from time to time. Such new versions will
be similar in spirit to the present version, but may differ in detail to
address new problems or concerns.
Each version is given a distinguishing version number. If the Program
specifies a version number of this License which applies to it and "any
later version", you have the option of following the terms and conditions
either of that version or of any later version published by the Free
Software Foundation. If the Program does not specify a version number of
this License, you may choose any version ever published by the Free Software
Foundation.
10. If you wish to incorporate parts of the Program into other free
programs whose distribution conditions are different, write to the author
to ask for permission. For software which is copyrighted by the Free
Software Foundation, write to the Free Software Foundation; we sometimes
make exceptions for this. Our decision will be guided by the two goals
of preserving the free status of all derivatives of our free software and
of promoting the sharing and reuse of software generally.
NO WARRANTY
11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY
FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN
OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES
PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS
TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE
PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION.
12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING
WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR
REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES,
INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING
OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED
TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY
YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER
PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
END OF TERMS AND CONDITIONS
How to Apply These Terms to Your New Programs
If you develop a new program, and you want it to be of the greatest
possible use to the public, the best way to achieve this is to make it
free software which everyone can redistribute and change under these terms.
To do so, attach the following notices to the program. It is safest
to attach them to the start of each source file to most effectively
convey the exclusion of warranty; and each file should have at least
the "copyright" line and a pointer to where the full notice is found.
Copyright (C)
This program is free software; you can redistribute it and/or modify
it under the terms of the GNU General Public License as published by
the Free Software Foundation; either version 2 of the License, or
(at your option) any later version.
This program is distributed in the hope that it will be useful,
but WITHOUT ANY WARRANTY; without even the implied warranty of
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the
GNU General Public License for more details.
You should have received a copy of the GNU General Public License along
with this program; if not, write to the Free Software Foundation, Inc.,
51 Franklin Street, Fifth Floor, Boston, MA 02110-1301 USA.
Also add information on how to contact you by electronic and paper mail.
If the program is interactive, make it output a short notice like this
when it starts in an interactive mode:
Gnomovision version 69, Copyright (C) year name of author
Gnomovision comes with ABSOLUTELY NO WARRANTY; for details type `show w'.
This is free software, and you are welcome to redistribute it
under certain conditions; type `show c' for details.
The hypothetical commands `show w' and `show c' should show the appropriate
parts of the General Public License. Of course, the commands you use may
be called something other than `show w' and `show c'; they could even be
mouse-clicks or menu items--whatever suits your program.
You should also get your employer (if you work as a programmer) or your
school, if any, to sign a "copyright disclaimer" for the program, if
necessary. Here is a sample; alter the names:
Yoyodyne, Inc., hereby disclaims all copyright interest in the program
`Gnomovision' (which makes passes at compilers) written by James Hacker.
, 1 April 1989
Ty Coon, President of Vice
This General Public License does not permit incorporating your program into
proprietary programs. If your program is a subroutine library, you may
consider it more useful to permit linking proprietary applications with the
library. If this is what you want to do, use the GNU Lesser General
Public License instead of this License.
Class Path Exception
Linking this library statically or dynamically with other modules is making a combined work based on this library. Thus, the terms and conditions of the GNU General Public License cover the whole combination.
As a special exception, the copyright holders of this library give you permission to link this library with independent modules to produce an executable, regardless of the license terms of these independent modules, and to copy and distribute the resulting executable under terms of your choice, provided that you also meet, for each linked independent module, the terms and conditions of the license of that module. An independent module is a module which is not derived from or based on this library. If you modify this library, you may extend this exception to your version of the library, but you are not obligated to do so. If you do not wish to do so, delete this exception statement from your version.LGPL-2.1+The following component are licensed under the LGPL-2.1+ license reproduced below.
• hibernate-commons-annotations
• hibernate-core
GNU LESSER GENERAL PUBLIC LICENSE
Version 2.1, February 1999
Copyright (C) 1991, 1999 Free Software Foundation, Inc.
51 Franklin Street, Fifth Floor, Boston, MA 02110-1301 USA
Everyone is permitted to copy and distribute verbatim copies
of this license document, but changing it is not allowed.
[This is the first released version of the Lesser GPL. It also counts
as the successor of the GNU Library Public License, version 2, hence
the version number 2.1.]
Preamble
The licenses for most software are designed to take away your
freedom to share and change it. By contrast, the GNU General Public
Licenses are intended to guarantee your freedom to share and change
free software--to make sure the software is free for all its users.
This license, the Lesser General Public License, applies to some
specially designated software packages--typically libraries--of the
Free Software Foundation and other authors who decide to use it. You
can use it too, but we suggest you first think carefully about whether
this license or the ordinary General Public License is the better
strategy to use in any particular case, based on the explanations below.
When we speak of free software, we are referring to freedom of use,
not price. Our General Public Licenses are designed to make sure that
you have the freedom to distribute copies of free software (and charge
for this service if you wish); that you receive source code or can get
it if you want it; that you can change the software and use pieces of
it in new free programs; and that you are informed that you can do
these things.
To protect your rights, we need to make restrictions that forbid
distributors to deny you these rights or to ask you to surrender these
rights. These restrictions translate to certain responsibilities for
you if you distribute copies of the library or if you modify it.
For example, if you distribute copies of the library, whether gratis
or for a fee, you must give the recipients all the rights that we gave
you. You must make sure that they, too, receive or can get the source
code. If you link other code with the library, you must provide
complete object files to the recipients, so that they can relink them
with the library after making changes to the library and recompiling
it. And you must show them these terms so they know their rights.
We protect your rights with a two-step method: (1) we copyright the
library, and (2) we offer you this license, which gives you legal
permission to copy, distribute and/or modify the library.
To protect each distributor, we want to make it very clear that
there is no warranty for the free library. Also, if the library is
modified by someone else and passed on, the recipients should know
that what they have is not the original version, so that the original
author's reputation will not be affected by problems that might be
introduced by others.
Finally, software patents pose a constant threat to the existence of
any free program. We wish to make sure that a company cannot
effectively restrict the users of a free program by obtaining a
restrictive license from a patent holder. Therefore, we insist that
any patent license obtained for a version of the library must be
consistent with the full freedom of use specified in this license.
Most GNU software, including some libraries, is covered by the
ordinary GNU General Public License. This license, the GNU Lesser
General Public License, applies to certain designated libraries, and
is quite different from the ordinary General Public License. We use
this license for certain libraries in order to permit linking those
libraries into non-free programs.
When a program is linked with a library, whether statically or using
a shared library, the combination of the two is legally speaking a
combined work, a derivative of the original library. The ordinary
General Public License therefore permits such linking only if the
entire combination fits its criteria of freedom. The Lesser General
Public License permits more lax criteria for linking other code with
the library.
We call this license the "Lesser" General Public License because it
does Less to protect the user's freedom than the ordinary General
Public License. It also provides other free software developers Less
of an advantage over competing non-free programs. These disadvantages
are the reason we use the ordinary General Public License for many
libraries. However, the Lesser license provides advantages in certain
special circumstances.
For example, on rare occasions, there may be a special need to
encourage the widest possible use of a certain library, so that it becomes
a de-facto standard. To achieve this, non-free programs must be
allowed to use the library. A more frequent case is that a free
library does the same job as widely used non-free libraries. In this
case, there is little to gain by limiting the free library to free
software only, so we use the Lesser General Public License.
In other cases, permission to use a particular library in non-free
programs enables a greater number of people to use a large body of
free software. For example, permission to use the GNU C Library in
non-free programs enables many more people to use the whole GNU
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c) Accompany the work with a written offer, valid for at least three years, to give the same user the materials specified in Subsection 6a, above, for a charge no more than the cost of performing this distribution.
d) If distribution of the work is made by offering access to copy from a designated place, offer equivalent access to copy the above specified materials from the same place.
e) Verify that the user has already received a copy of these materials or that you have already sent this user a copy.
For an executable, the required form of the "work that uses the Library" must include any data and utility programs needed for reproducing the executable from it. However, as a special exception, the materials to be distributed need not include anything that is normally distributed (in either source or binary form) with the major components (compiler, kernel, and so on) of the operating system on which the executable runs, unless that component itself accompanies the executable.
It may happen that this requirement contradicts the license restrictions of other proprietary libraries that do not normally accompany the operating system. Such a contradiction means you cannot use both them and the Library together in an executable that you distribute.
7. You may place library facilities that are a work based on the Library side-by-side in a single library together with other library facilities not covered by this License, and distribute such a combined library, provided that the separate distribution of the work based on the Library and of the other library facilities is otherwise permitted, and provided that you do these two things:
a) Accompany the combined library with a copy of the same work based on the Library, uncombined with any other library facilities. This must be distributed under the terms of the Sections above.
b) Give prominent notice with the combined library of the fact that part of it is a work based on the Library, and explaining where to find the accompanying uncombined form of the same work.
8. You may not copy, modify, sublicense, link with, or distribute the Library except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense, link with, or distribute the Library is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance.
9. You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to modify or distribute the Library or its derivative works. These actions are prohibited by law if you do not accept this License. Therefore, by modifying or distributing the Library (or any work based on the Library), you indicate your acceptance of this License to do so, and all its terms and conditions for copying, distributing or modifying the Library or works based on it.
10. Each time you redistribute the Library (or any work based on the Library), the recipient automatically receives a license from the original licensor to copy, distribute, link with or modify the Library subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties with this License.
11. If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Library at all. For example, if a patent license would not permit royalty-free redistribution of the Library by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Library.
If any portion of this section is held invalid or unenforceable under any particular circumstance, the balance of the section is intended to apply, and the section as a whole is intended to apply in other circumstances.
It is not the purpose of this section to induce you to infringe any patents or other property right claims or to contest validity of any such claims; this section has the sole purpose of protecting the integrity of the free software distribution system which is implemented by public license practices. Many people have made generous contributions to the wide range of software distributed through that system in reliance on consistent application of that system; it is up to the author/donor to decide if he or she is willing to distribute software through any other system and a licensee cannot impose that choice.
This section is intended to make thoroughly clear what is believed to be a consequence of the rest of this License.
12. If the distribution and/or use of the Library is restricted in certain countries either by patents or by copyrighted interfaces, the original copyright holder who places the Library under this License may add an explicit geographical distribution limitation excluding those countries, so that distribution is permitted only in or among countries not thus excluded. In such case, this License incorporates the limitation as if written in the body of this License.
13. The Free Software Foundation may publish revised and/or new versions of the Lesser General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns.
Each version is given a distinguishing version number. If the Library specifies a version number of this License which applies to it and "any later version", you have the option of following the terms and conditions either of that version or of any later version published by the Free Software Foundation. If the Library does not specify a license version number, you may choose any version ever published by the Free Software Foundation.
14. If you wish to incorporate parts of the Library into other free programs whose distribution conditions are incompatible with these, write to the author to ask for permission. For software which is copyrighted by the Free Software Foundation, write to the Free Software Foundation; we sometimes make exceptions for this. Our decision will be guided by the two goals of preserving the free status of all derivatives of our free software and of promoting the sharing and reuse of software generally.
NO WARRANTY
15. BECAUSE THE LIBRARY IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE LIBRARY, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE LIBRARY "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE LIBRARY IS WITH YOU. SHOULD THE LIBRARY PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
16. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE LIBRARY AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE LIBRARY (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE LIBRARY TO OPERATE WITH ANY OTHER SOFTWARE), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
END OF TERMS AND CONDITIONS
How to Apply These Terms to Your New Libraries
If you develop a new library, and you want it to be of the greatest possible use to the public, we recommend making it free software that everyone can redistribute and change. You can do so by permitting redistribution under these terms (or, alternatively, under the terms of the ordinary General Public License).
To apply these terms, attach the following notices to the library. It is safest to attach them to the start of each source file to most effectively convey the exclusion of warranty; and each file should have at least the "copyright" line and a pointer to where the full notice is found.
one line to give the library's name and an idea of what it does.
Copyright (C) year name of author
This library is free software; you can redistribute it and/or modify it under the terms of the GNU Lesser General Public License as published by the Free Software Foundation; either version 2.1 of the License, or (at your option) any later version.
This library is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU Lesser General Public License for more details.
You should have received a copy of the GNU Lesser General Public License along with this library; if not, write to the Free Software Foundation, Inc., 51 Franklin Street, Fifth Floor, Boston, MA 02110-1301 USA Also add information on how to contact you by electronic and paper mail.
You should also get your employer (if you work as a programmer) or your school, if any, to sign a "copyright disclaimer" for the library, if necessary. Here is a sample; alter the names:
Yoyodyne, Inc., hereby disclaims all copyright interest in
the library `Frob' (a library for tweaking knobs) written
by James Random Hacker.
signature of Ty Coon, 1 April 1990
Ty Coon, President of Vice
That's all there is to it!
MITThe following component are licensed under the MIT license reproduced below.
• checker-qual
• geojson-proto
• jul-to-slf4j
• slf4j-api
• stripe-java
• timeshapeMIT License
Copyright (c)
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
MIT-0The following component are licensed under the MIT-0 license reproduced below.
• reactive-streamsMIT No Attribution
Copyright
Permission is hereby granted, free of charge, to any person obtaining a copy of this
software and associated documentation files (the "Software"), to deal in the Software
without restriction, including without limitation the rights to use, copy, modify,
merge, publish, distribute, sublicense, and/or sell copies of the Software, and to
permit persons to whom the Software is furnished to do so.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT
HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION
OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE
SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
MPL-1.1The following component are licensed under the MPL-1.1 license reproduced below.
• javassistMozilla Public License Version 1.1
1. Definitions.
1.0.1. "Commercial Use" means distribution or otherwise making the Covered Code available to a third party.
1.1. "Contributor" means each entity that creates or contributes to the creation of Modifications.
1.2. "Contributor Version" means the combination of the Original Code, prior Modifications used by a Contributor, and the Modifications made by that particular Contributor.
1.3. "Covered Code" means the Original Code or Modifications or the combination of the Original Code and Modifications, in each case including portions thereof.
1.4. "Electronic Distribution Mechanism" means a mechanism generally accepted in the software development community for the electronic transfer of data.
1.5. "Executable" means Covered Code in any form other than Source Code.
1.6. "Initial Developer" means the individual or entity identified as the Initial Developer in the Source Code notice required by Exhibit A.
1.7. "Larger Work" means a work which combines Covered Code or portions thereof with code not governed by the terms of this License.
1.8. "License" means this document.
1.8.1. "Licensable" means having the right to grant, to the maximum extent possible, whether at the time of the initial grant or subsequently acquired, any and all of the rights conveyed herein.
1.9. "Modifications" means any addition to or deletion from the substance or structure of either the Original Code or any previous Modifications. When Covered Code is released as a series of files, a Modification is:
Any addition to or deletion from the contents of a file containing Original Code or previous Modifications.
Any new file that contains any part of the Original Code or previous Modifications.
1.10. "Original Code" means Source Code of computer software code which is described in the Source Code notice required by Exhibit A as Original Code, and which, at the time of its release under this License is not already Covered Code governed by this License.
1.10.1. "Patent Claims" means any patent claim(s), now owned or hereafter acquired, including without limitation, method, process, and apparatus claims, in any patent Licensable by grantor.
1.11. "Source Code" means the preferred form of the Covered Code for making modifications to it, including all modules it contains, plus any associated interface definition files, scripts used to control compilation and installation of an Executable, or source code differential comparisons against either the Original Code or another well known, available Covered Code of the Contributor's choice. The Source Code can be in a compressed or archival form, provided the appropriate decompression or de-archiving software is widely available for no charge.
1.12. "You" (or "Your") means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License or a future version of this License issued under Section 6.1. For legal entities, "You" includes any entity which controls, is controlled by, or is under common control with You. For purposes of this definition, "control" means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of more than fifty percent (50%) of the outstanding shares or beneficial ownership of such entity.
2. Source Code License.
2.1. The Initial Developer Grant. The Initial Developer hereby grants You a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims:
a. under intellectual property rights (other than patent or trademark) Licensable by Initial Developer to use, reproduce, modify, display, perform, sublicense and distribute the Original Code (or portions thereof) with or without Modifications, and/or as part of a Larger Work; and
b. under Patents Claims infringed by the making, using or selling of Original Code, to make, have made, use, practice, sell, and offer for sale, and/or otherwise dispose of the Original Code (or portions thereof).
c. the licenses granted in this Section 2.1 (a) and (b) are effective on the date Initial Developer first distributes Original Code under the terms of this License.
d. Notwithstanding Section 2.1 (b) above, no patent license is granted: 1) for code that You delete from the Original Code; 2) separate from the Original Code; or 3) for infringements caused by: i) the modification of the Original Code or ii) the combination of the Original Code with other software or devices.
2.2. Contributor Grant. Subject to third party intellectual property claims, each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license
a. under intellectual property rights (other than patent or trademark) Licensable by Contributor, to use, reproduce, modify, display, perform, sublicense and distribute the Modifications created by such Contributor (or portions thereof) either on an unmodified basis, with other Modifications, as Covered Code and/or as part of a Larger Work; and
b. under Patent Claims infringed by the making, using, or selling of Modifications made by that Contributor either alone and/or in combination with its Contributor Version (or portions of such combination), to make, use, sell, offer for sale, have made, and/or otherwise dispose of: 1) Modifications made by that Contributor (or portions thereof); and 2) the combination of Modifications made by that Contributor with its Contributor Version (or portions of such combination).
c. the licenses granted in Sections 2.2 (a) and 2.2 (b) are effective on the date Contributor first makes Commercial Use of the Covered Code.
d. Notwithstanding Section 2.2 (b) above, no patent license is granted: 1) for any code that Contributor has deleted from the Contributor Version; 2) separate from the Contributor Version; 3) for infringements caused by: i) third party modifications of Contributor Version or ii) the combination of Modifications made by that Contributor with other software (except as part of the Contributor Version) or other devices; or 4) under Patent Claims infringed by Covered Code in the absence of Modifications made by that Contributor.
3. Distribution Obligations.
3.1. Application of License. The Modifications which You create or to which You contribute are governed by the terms of this License, including without limitation Section 2.2. The Source Code version of Covered Code may be distributed only under the terms of this License or a future version of this License released under Section 6.1, and You must include a copy of this License with every copy of the Source Code You distribute. You may not offer or impose any terms on any Source Code version that alters or restricts the applicable version of this License or the recipients' rights hereunder. However, You may include an additional document offering the additional rights described in Section 3.5.
3.2. Availability of Source Code. Any Modification which You create or to which You contribute must be made available in Source Code form under the terms of this License either on the same media as an Executable version or via an accepted Electronic Distribution Mechanism to anyone to whom you made an Executable version available; and if made available via Electronic Distribution Mechanism, must remain available for at least twelve (12) months after the date it initially became available, or at least six (6) months after a subsequent version of that particular Modification has been made available to such recipients. You are responsible for ensuring that the Source Code version remains available even if the Electronic Distribution Mechanism is maintained by a third party.
3.3. Description of Modifications. You must cause all Covered Code to which You contribute to contain a file documenting the changes You made to create that Covered Code and the date of any change. You must include a prominent statement that the Modification is derived, directly or indirectly, from Original Code provided by the Initial Developer and including the name of the Initial Developer in (a) the Source Code, and (b) in any notice in an Executable version or related documentation in which You describe the origin or ownership of the Covered Code.
3.4. Intellectual Property Matters
(a) Third Party Claims
If Contributor has knowledge that a license under a third party's intellectual property rights is required to exercise the rights granted by such Contributor under Sections 2.1 or 2.2, Contributor must include a text file with the Source Code distribution titled "LEGAL" which describes the claim and the party making the claim in sufficient detail that a recipient will know whom to contact. If Contributor obtains such knowledge after the Modification is made available as described in Section 3.2, Contributor shall promptly modify the LEGAL file in all copies Contributor makes available thereafter and shall take other steps (such as notifying appropriate mailing lists or newsgroups) reasonably calculated to inform those who received the Covered Code that new knowledge has been obtained.
(b) Contributor APIs
If Contributor's Modifications include an application programming interface and Contributor has knowledge of patent licenses which are reasonably necessary to implement that API, Contributor must also include this information in the LEGAL file.
(c) Representations.
Contributor represents that, except as disclosed pursuant to Section 3.4 (a) above, Contributor believes that Contributor's Modifications are Contributor's original creation(s) and/or Contributor has sufficient rights to grant the rights conveyed by this License.
3.5. Required Notices. You must duplicate the notice in Exhibit A in each file of the Source Code. If it is not possible to put such notice in a particular Source Code file due to its structure, then You must include such notice in a location (such as a relevant directory) where a user would be likely to look for such a notice. If You created one or more Modification(s) You may add your name as a Contributor to the notice described in Exhibit A. You must also duplicate this License in any documentation for the Source Code where You describe recipients' rights or ownership rights relating to Covered Code. You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Covered Code. However, You may do so only on Your own behalf, and not on behalf of the Initial Developer or any Contributor. You must make it absolutely clear than any such warranty, support, indemnity or liability obligation is offered by You alone, and You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of warranty, support, indemnity or liability terms You offer.
3.6. Distribution of Executable Versions. You may distribute Covered Code in Executable form only if the requirements of Sections 3.1, 3.2, 3.3, 3.4 and 3.5 have been met for that Covered Code, and if You include a notice stating that the Source Code version of the Covered Code is available under the terms of this License, including a description of how and where You have fulfilled the obligations of Section 3.2. The notice must be conspicuously included in any notice in an Executable version, related documentation or collateral in which You describe recipients' rights relating to the Covered Code. You may distribute the Executable version of Covered Code or ownership rights under a license of Your choice, which may contain terms different from this License, provided that You are in compliance with the terms of this License and that the license for the Executable version does not attempt to limit or alter the recipient's rights in the Source Code version from the rights set forth in this License. If You distribute the Executable version under a different license You must make it absolutely clear that any terms which differ from this License are offered by You alone, not by the Initial Developer or any Contributor. You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of any such terms You offer.
3.7. Larger Works. You may create a Larger Work by combining Covered Code with other code not governed by the terms of this License and distribute the Larger Work as a single product. In such a case, You must make sure the requirements of this License are fulfilled for the Covered Code.
4. Inability to Comply Due to Statute or Regulation.
If it is impossible for You to comply with any of the terms of this License with respect to some or all of the Covered Code due to statute, judicial order, or regulation then You must: (a) comply with the terms of this License to the maximum extent possible; and (b) describe the limitations and the code they affect. Such description must be included in the LEGAL file described in Section 3.4 and must be included with all distributions of the Source Code. Except to the extent prohibited by statute or regulation, such description must be sufficiently detailed for a recipient of ordinary skill to be able to understand it.
5. Application of this License.
This License applies to code to which the Initial Developer has attached the notice in Exhibit A and to related Covered Code.
6. Versions of the License.
6.1. New Versions
Netscape Communications Corporation ("Netscape") may publish revised and/or new versions of the License from time to time. Each version will be given a distinguishing version number.
6.2. Effect of New Versions
Once Covered Code has been published under a particular version of the License, You may always continue to use it under the terms of that version. You may also choose to use such Covered Code under the terms of any subsequent version of the License published by Netscape. No one other than Netscape has the right to modify the terms applicable to Covered Code created under this License.
6.3. Derivative Works
If You create or use a modified version of this License (which you may only do in order to apply it to code which is not already Covered Code governed by this License), You must (a) rename Your license so that the phrases "Mozilla", "MOZILLAPL", "MOZPL", "Netscape", "MPL", "NPL" or any confusingly similar phrase do not appear in your license (except to note that your license differs from this License) and (b) otherwise make it clear that Your version of the license contains terms which differ from the Mozilla Public License and Netscape Public License. (Filling in the name of the Initial Developer, Original Code or Contributor in the notice described in Exhibit A shall not of themselves be deemed to be modifications of this License.)
7. DISCLAIMER OF WARRANTY
COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
8. Termination
8.1. This License and the rights granted hereunder will terminate automatically if You fail to comply with terms herein and fail to cure such breach within 30 days of becoming aware of the breach. All sublicenses to the Covered Code which are properly granted shall survive any termination of this License. Provisions which, by their nature, must remain in effect beyond the termination of this License shall survive.
8.2. If You initiate litigation by asserting a patent infringement claim (excluding declatory judgment actions) against Initial Developer or a Contributor (the Initial Developer or Contributor against whom You file such action is referred to as "Participant") alleging that:
a. such Participant's Contributor Version directly or indirectly infringes any patent, then any and all rights granted by such Participant to You under Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from Participant terminate prospectively, unless if within 60 days after receipt of notice You either: (i) agree in writing to pay Participant a mutually agreeable reasonable royalty for Your past and future use of Modifications made by such Participant, or (ii) withdraw Your litigation claim with respect to the Contributor Version against such Participant. If within 60 days of notice, a reasonable royalty and payment arrangement are not mutually agreed upon in writing by the parties or the litigation claim is not withdrawn, the rights granted by Participant to You under Sections 2.1 and/or 2.2 automatically terminate at the expiration of the 60 day notice period specified above.
b. any software, hardware, or device, other than such Participant's Contributor Version, directly or indirectly infringes any patent, then any rights granted to You by such Participant under Sections 2.1(b) and 2.2(b) are revoked effective as of the date You first made, used, sold, distributed, or had made, Modifications made by that Participant.
8.3. If You assert a patent infringement claim against Participant alleging that such Participant's Contributor Version directly or indirectly infringes any patent where such claim is resolved (such as by license or settlement) prior to the initiation of patent infringement litigation, then the reasonable value of the licenses granted by such Participant under Sections 2.1 or 2.2 shall be taken into account in determining the amount or value of any payment or license.
8.4. In the event of termination under Sections 8.1 or 8.2 above, all end user license agreements (excluding distributors and resellers) which have been validly granted by You or any distributor hereunder prior to termination shall survive termination.
9. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
10. U.S. government end users
The Covered Code is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Code with only those rights set forth herein.
11. Miscellaneous
This License represents the complete agreement concerning subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This License shall be governed by California law provisions (except to the extent applicable law, if any, provides otherwise), excluding its conflict-of-law provisions. With respect to disputes in which at least one party is a citizen of, or an entity chartered or registered to do business in the United States of America, any litigation relating to this License shall be subject to the jurisdiction of the Federal Courts of the Northern District of California, with venue lying in Santa Clara County, California, with the losing party responsible for costs, including without limitation, court costs and reasonable attorneys' fees and expenses. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this License.
12. Responsibility for claims
As between Initial Developer and the Contributors, each party is responsible for claims and damages arising, directly or indirectly, out of its utilization of rights under this License and You agree to work with Initial Developer and Contributors to distribute such responsibility on an equitable basis. Nothing herein is intended or shall be deemed to constitute any admission of liability.
13. Multiple-licensed code
Initial Developer may designate portions of the Covered Code as "Multiple-Licensed". "Multiple-Licensed" means that the Initial Developer permits you to utilize portions of the Covered Code under Your choice of the MPL or the alternative licenses, if any, specified by the Initial Developer in the file described in Exhibit A.
Exhibit A - Mozilla Public License.
"The contents of this file are subject to the Mozilla Public License Version 1.1 (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.mozilla.org/MPL/
Software distributed under the License is distributed on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for the specific language governing rights and limitations under the License.
The Original Code is ______________________________________.
The Initial Developer of the Original Code is ________________________.
Portions created by ______________________ are Copyright (C) ______
_______________________. All Rights Reserved.
Contributor(s): ______________________________________.
Alternatively, the contents of this file may be used under the terms of the _____ license (the "[___] License"), in which case the provisions of [______] License are applicable instead of those above. If you wish to allow use of your version of this file only under the terms of the [____] License and not to allow others to use your version of this file under the MPL, indicate your decision by deleting the provisions above and replace them with the notice and other provisions required by the [___] License. If you do not delete the provisions above, a recipient may use your version of this file under either the MPL or the [___] License."
NOTE: The text of this Exhibit A may differ slightly from the text of the notices in the Source Code files of the Original Code. You should use the text of this Exhibit A rather than the text found in the Original Code Source Code for Your Modifications.
MPL-2.0The following component are licensed under the MPL-2.0 license reproduced below.
• amqp-client
• openpdfMozilla Public License Version 2.0
==================================
1. Definitions
--------------
1.1. "Contributor"
means each individual or legal entity that creates, contributes to
the creation of, or owns Covered Software.
1.2. "Contributor Version"
means the combination of the Contributions of others (if any) used
by a Contributor and that particular Contributor's Contribution.
1.3. "Contribution"
means Covered Software of a particular Contributor.
1.4. "Covered Software"
means Source Code Form to which the initial Contributor has attached
the notice in Exhibit A, the Executable Form of such Source Code
Form, and Modifications of such Source Code Form, in each case
including portions thereof.
1.5. "Incompatible With Secondary Licenses"
means
(a) that the initial Contributor has attached the notice described
in Exhibit B to the Covered Software; or
(b) that the Covered Software was made available under the terms of
version 1.1 or earlier of the License, but not also under the
terms of a Secondary License.
1.6. "Executable Form"
means any form of the work other than Source Code Form.
1.7. "Larger Work"
means a work that combines Covered Software with other material, in
a separate file or files, that is not Covered Software.
1.8. "License"
means this document.
1.9. "Licensable"
means having the right to grant, to the maximum extent possible,
whether at the time of the initial grant or subsequently, any and
all of the rights conveyed by this License.
1.10. "Modifications"
means any of the following:
(a) any file in Source Code Form that results from an addition to,
deletion from, or modification of the contents of Covered
Software; or
(b) any new file in Source Code Form that contains any Covered
Software.
1.11. "Patent Claims" of a Contributor
means any patent claim(s), including without limitation, method,
process, and apparatus claims, in any patent Licensable by such
Contributor that would be infringed, but for the grant of the
License, by the making, using, selling, offering for sale, having
made, import, or transfer of either its Contributions or its
Contributor Version.
1.12. "Secondary License"
means either the GNU General Public License, Version 2.0, the GNU
Lesser General Public License, Version 2.1, the GNU Affero General
Public License, Version 3.0, or any later versions of those
licenses.
1.13. "Source Code Form"
means the form of the work preferred for making modifications.
1.14. "You" (or "Your")
means an individual or a legal entity exercising rights under this
License. For legal entities, "You" includes any entity that
controls, is controlled by, or is under common control with You. For
purposes of this definition, "control" means (a) the power, direct
or indirect, to cause the direction or management of such entity,
whether by contract or otherwise, or (b) ownership of more than
fifty percent (50%) of the outstanding shares or beneficial
ownership of such entity.
2. License Grants and Conditions
--------------------------------
2.1. Grants
Each Contributor hereby grants You a world-wide, royalty-free,
non-exclusive license:
(a) under intellectual property rights (other than patent or trademark)
Licensable by such Contributor to use, reproduce, make available,
modify, display, perform, distribute, and otherwise exploit its
Contributions, either on an unmodified basis, with Modifications, or
as part of a Larger Work; and
(b) under Patent Claims of such Contributor to make, use, sell, offer
for sale, have made, import, and otherwise transfer either its
Contributions or its Contributor Version.
2.2. Effective Date
The licenses granted in Section 2.1 with respect to any Contribution
become effective for each Contribution on the date the Contributor first
distributes such Contribution.
2.3. Limitations on Grant Scope
The licenses granted in this Section 2 are the only rights granted under
this License. No additional rights or licenses will be implied from the
distribution or licensing of Covered Software under this License.
Notwithstanding Section 2.1(b) above, no patent license is granted by a
Contributor:
(a) for any code that a Contributor has removed from Covered Software;
or
(b) for infringements caused by: (i) Your and any other third party's
modifications of Covered Software, or (ii) the combination of its
Contributions with other software (except as part of its Contributor
Version); or
(c) under Patent Claims infringed by Covered Software in the absence of
its Contributions.
This License does not grant any rights in the trademarks, service marks,
or logos of any Contributor (except as may be necessary to comply with
the notice requirements in Section 3.4).
2.4. Subsequent Licenses
No Contributor makes additional grants as a result of Your choice to
distribute the Covered Software under a subsequent version of this
License (see Section 10.2) or under the terms of a Secondary License (if
permitted under the terms of Section 3.3).
2.5. Representation
Each Contributor represents that the Contributor believes its
Contributions are its original creation(s) or it has sufficient rights
to grant the rights to its Contributions conveyed by this License.
2.6. Fair Use
This License is not intended to limit any rights You have under
applicable copyright doctrines of fair use, fair dealing, or other
equivalents.
2.7. Conditions
Sections 3.1, 3.2, 3.3, and 3.4 are conditions of the licenses granted
in Section 2.1.
3. Responsibilities
-------------------
3.1. Distribution of Source Form
All distribution of Covered Software in Source Code Form, including any
Modifications that You create or to which You contribute, must be under
the terms of this License. You must inform recipients that the Source
Code Form of the Covered Software is governed by the terms of this
License, and how they can obtain a copy of this License. You may not
attempt to alter or restrict the recipients' rights in the Source Code
Form.
3.2. Distribution of Executable Form
If You distribute Covered Software in Executable Form then:
(a) such Covered Software must also be made available in Source Code
Form, as described in Section 3.1, and You must inform recipients of
the Executable Form how they can obtain a copy of such Source Code
Form by reasonable means in a timely manner, at a charge no more
than the cost of distribution to the recipient; and
(b) You may distribute such Executable Form under the terms of this
License, or sublicense it under different terms, provided that the
license for the Executable Form does not attempt to limit or alter
the recipients' rights in the Source Code Form under this License.
3.3. Distribution of a Larger Work
You may create and distribute a Larger Work under terms of Your choice,
provided that You also comply with the requirements of this License for
the Covered Software. If the Larger Work is a combination of Covered
Software with a work governed by one or more Secondary Licenses, and the
Covered Software is not Incompatible With Secondary Licenses, this
License permits You to additionally distribute such Covered Software
under the terms of such Secondary License(s), so that the recipient of
the Larger Work may, at their option, further distribute the Covered
Software under the terms of either this License or such Secondary
License(s).
3.4. Notices
You may not remove or alter the substance of any license notices
(including copyright notices, patent notices, disclaimers of warranty,
or limitations of liability) contained within the Source Code Form of
the Covered Software, except that You may alter any license notices to
the extent required to remedy known factual inaccuracies.
3.5. Application of Additional Terms
You may choose to offer, and to charge a fee for, warranty, support,
indemnity or liability obligations to one or more recipients of Covered
Software. However, You may do so only on Your own behalf, and not on
behalf of any Contributor. You must make it absolutely clear that any
such warranty, support, indemnity, or liability obligation is offered by
You alone, and You hereby agree to indemnify every Contributor for any
liability incurred by such Contributor as a result of warranty, support,
indemnity or liability terms You offer. You may include additional
disclaimers of warranty and limitations of liability specific to any
jurisdiction.
4. Inability to Comply Due to Statute or Regulation
---------------------------------------------------
If it is impossible for You to comply with any of the terms of this
License with respect to some or all of the Covered Software due to
statute, judicial order, or regulation then You must: (a) comply with
the terms of this License to the maximum extent possible; and (b)
describe the limitations and the code they affect. Such description must
be placed in a text file included with all distributions of the Covered
Software under this License. Except to the extent prohibited by statute
or regulation, such description must be sufficiently detailed for a
recipient of ordinary skill to be able to understand it.
5. Termination
--------------
5.1. The rights granted under this License will terminate automatically
if You fail to comply with any of its terms. However, if You become
compliant, then the rights granted under this License from a particular
Contributor are reinstated (a) provisionally, unless and until such
Contributor explicitly and finally terminates Your grants, and (b) on an
ongoing basis, if such Contributor fails to notify You of the
non-compliance by some reasonable means prior to 60 days after You have
come back into compliance. Moreover, Your grants from a particular
Contributor are reinstated on an ongoing basis if such Contributor
notifies You of the non-compliance by some reasonable means, this is the
first time You have received notice of non-compliance with this License
from such Contributor, and You become compliant prior to 30 days after
Your receipt of the notice.
5.2. If You initiate litigation against any entity by asserting a patent
infringement claim (excluding declaratory judgment actions,
counter-claims, and cross-claims) alleging that a Contributor Version
directly or indirectly infringes any patent, then the rights granted to
You by any and all Contributors for the Covered Software under Section
2.1 of this License shall terminate.
5.3. In the event of termination under Sections 5.1 or 5.2 above, all
end user license agreements (excluding distributors and resellers) which
have been validly granted by You or Your distributors under this License
prior to termination shall survive termination.
************************************************************************
* *
* 6. Disclaimer of Warranty *
* ------------------------- *
* *
* Covered Software is provided under this License on an "as is" *
* basis, without warranty of any kind, either expressed, implied, or *
* statutory, including, without limitation, warranties that the *
* Covered Software is free of defects, merchantable, fit for a *
* particular purpose or non-infringing. The entire risk as to the *
* quality and performance of the Covered Software is with You. *
* Should any Covered Software prove defective in any respect, You *
* (not any Contributor) assume the cost of any necessary servicing, *
* repair, or correction. This disclaimer of warranty constitutes an *
* essential part of this License. No use of any Covered Software is *
* authorized under this License except under this disclaimer. *
* *
************************************************************************
************************************************************************
* *
* 7. Limitation of Liability *
* -------------------------- *
* *
* Under no circumstances and under no legal theory, whether tort *
* (including negligence), contract, or otherwise, shall any *
* Contributor, or anyone who distributes Covered Software as *
* permitted above, be liable to You for any direct, indirect, *
* special, incidental, or consequential damages of any character *
* including, without limitation, damages for lost profits, loss of *
* goodwill, work stoppage, computer failure or malfunction, or any *
* and all other commercial damages or losses, even if such party *
* shall have been informed of the possibility of such damages. This *
* limitation of liability shall not apply to liability for death or *
* personal injury resulting from such party's negligence to the *
* extent applicable law prohibits such limitation. Some *
* jurisdictions do not allow the exclusion or limitation of *
* incidental or consequential damages, so this exclusion and *
* limitation may not apply to You. *
* *
************************************************************************
8. Litigation
-------------
Any litigation relating to this License may be brought only in the
courts of a jurisdiction where the defendant maintains its principal
place of business and such litigation shall be governed by laws of that
jurisdiction, without reference to its conflict-of-law provisions.
Nothing in this Section shall prevent a party's ability to bring
cross-claims or counter-claims.
9. Miscellaneous
----------------
This License represents the complete agreement concerning the subject
matter hereof. If any provision of this License is held to be
unenforceable, such provision shall be reformed only to the extent
necessary to make it enforceable. Any law or regulation which provides
that the language of a contract shall be construed against the drafter
shall not be used to construe this License against a Contributor.
10. Versions of the License
---------------------------
10.1. New Versions
Mozilla Foundation is the license steward. Except as provided in Section
10.3, no one other than the license steward has the right to modify or
publish new versions of this License. Each version will be given a
distinguishing version number.
10.2. Effect of New Versions
You may distribute the Covered Software under the terms of the version
of the License under which You originally received the Covered Software,
or under the terms of any subsequent version published by the license
steward.
10.3. Modified Versions
If you create software not governed by this License, and you want to
create a new license for such software, you may create and use a
modified version of this License if you rename the license and remove
any references to the name of the license steward (except to note that
such modified license differs from this License).
10.4. Distributing Source Code Form that is Incompatible With Secondary
Licenses
If You choose to distribute Source Code Form that is Incompatible With
Secondary Licenses under the terms of this version of the License, the
notice described in Exhibit B of this License must be attached.
Exhibit A - Source Code Form License Notice
-------------------------------------------
This Source Code Form is subject to the terms of the Mozilla Public
License, v. 2.0. If a copy of the MPL was not distributed with this
file, You can obtain one at https://mozilla.org/MPL/2.0/.
If it is not possible or desirable to put the notice in a particular
file, then You may include the notice in a location (such as a LICENSE
file in a relevant directory) where a recipient would be likely to look
for such a notice.
You may add additional accurate notices of copyright ownership.
Exhibit B - "Incompatible With Secondary Licenses" Notice
---------------------------------------------------------
This Source Code Form is "Incompatible With Secondary Licenses", as
defined by the Mozilla Public License, v. 2.0.
The GNU General Public License, v2 with Universal FOSS Exception, v1.0The following component are licensed under the The GNU General Public License, v2 with Universal FOSS Exception, v1.0 license reproduced below.
• mysql-connector-j GNU GENERAL PUBLIC LICENSE
Version 2, June 1991
Copyright (C) 1989, 1991 Free Software Foundation, Inc.,
51 Franklin Street, Fifth Floor, Boston, MA 02110-1301 USA
Everyone is permitted to copy and distribute verbatim copies
of this license document, but changing it is not allowed.
Preamble
The licenses for most software are designed to take away your
freedom to share and change it. By contrast, the GNU General Public
License is intended to guarantee your freedom to share and change free
software--to make sure the software is free for all its users. This
General Public License applies to most of the Free Software
Foundation's software and to any other program whose authors commit to
using it. (Some other Free Software Foundation software is covered by
the GNU Lesser General Public License instead.) You can apply it to
your programs, too.
When we speak of free software, we are referring to freedom, not
price. Our General Public Licenses are designed to make sure that you
have the freedom to distribute copies of free software (and charge for
this service if you wish), that you receive source code or can get it
if you want it, that you can change the software or use pieces of it
in new free programs; and that you know you can do these things.
To protect your rights, we need to make restrictions that forbid
anyone to deny you these rights or to ask you to surrender the rights.
These restrictions translate to certain responsibilities for you if you
distribute copies of the software, or if you modify it.
For example, if you distribute copies of such a program, whether
gratis or for a fee, you must give the recipients all the rights that
you have. You must make sure that they, too, receive or can get the
source code. And you must show them these terms so they know their
rights.
We protect your rights with two steps: (1) copyright the software, and
(2) offer you this license which gives you legal permission to copy,
distribute and/or modify the software.
Also, for each author's protection and ours, we want to make certain
that everyone understands that there is no warranty for this free
software. If the software is modified by someone else and passed on, we
want its recipients to know that what they have is not the original, so
that any problems introduced by others will not reflect on the original
authors' reputations.
Finally, any free program is threatened constantly by software
patents. We wish to avoid the danger that redistributors of a free
program will individually obtain patent licenses, in effect making the
program proprietary. To prevent this, we have made it clear that any
patent must be licensed for everyone's free use or not licensed at all.
The precise terms and conditions for copying, distribution and
modification follow.
GNU GENERAL PUBLIC LICENSE
TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
0. This License applies to any program or other work which contains
a notice placed by the copyright holder saying it may be distributed
under the terms of this General Public License. The "Program", below,
refers to any such program or work, and a "work based on the Program"
means either the Program or any derivative work under copyright law:
that is to say, a work containing the Program or a portion of it,
either verbatim or with modifications and/or translated into another
language. (Hereinafter, translation is included without limitation in
the term "modification".) Each licensee is addressed as "you".
Activities other than copying, distribution and modification are not
covered by this License; they are outside its scope. The act of
running the Program is not restricted, and the output from the Program
is covered only if its contents constitute a work based on the
Program (independent of having been made by running the Program).
Whether that is true depends on what the Program does.
1. You may copy and distribute verbatim copies of the Program's
source code as you receive it, in any medium, provided that you
conspicuously and appropriately publish on each copy an appropriate
copyright notice and disclaimer of warranty; keep intact all the
notices that refer to this License and to the absence of any warranty;
and give any other recipients of the Program a copy of this License
along with the Program.
You may charge a fee for the physical act of transferring a copy, and
you may at your option offer warranty protection in exchange for a fee.
2. You may modify your copy or copies of the Program or any portion
of it, thus forming a work based on the Program, and copy and
distribute such modifications or work under the terms of Section 1
above, provided that you also meet all of these conditions:
a) You must cause the modified files to carry prominent notices
stating that you changed the files and the date of any change.
b) You must cause any work that you distribute or publish, that in
whole or in part contains or is derived from the Program or any
part thereof, to be licensed as a whole at no charge to all third
parties under the terms of this License.
c) If the modified program normally reads commands interactively
when run, you must cause it, when started running for such
interactive use in the most ordinary way, to print or display an
announcement including an appropriate copyright notice and a
notice that there is no warranty (or else, saying that you provide
a warranty) and that users may redistribute the program under
these conditions, and telling the user how to view a copy of this
License. (Exception: if the Program itself is interactive but
does not normally print such an announcement, your work based on
the Program is not required to print an announcement.)
These requirements apply to the modified work as a whole. If
identifiable sections of that work are not derived from the Program,
and can be reasonably considered independent and separate works in
themselves, then this License, and its terms, do not apply to those
sections when you distribute them as separate works. But when you
distribute the same sections as part of a whole which is a work based
on the Program, the distribution of the whole must be on the terms of
this License, whose permissions for other licensees extend to the
entire whole, and thus to each and every part regardless of who wrote it.
Thus, it is not the intent of this section to claim rights or contest
your rights to work written entirely by you; rather, the intent is to
exercise the right to control the distribution of derivative or
collective works based on the Program.
In addition, mere aggregation of another work not based on the Program
with the Program (or with a work based on the Program) on a volume of
a storage or distribution medium does not bring the other work under
the scope of this License.
3. You may copy and distribute the Program (or a work based on it,
under Section 2) in object code or executable form under the terms of
Sections 1 and 2 above provided that you also do one of the following:
a) Accompany it with the complete corresponding machine-readable
source code, which must be distributed under the terms of Sections
1 and 2 above on a medium customarily used for software interchange; or,
b) Accompany it with a written offer, valid for at least three
years, to give any third party, for a charge no more than your
cost of physically performing source distribution, a complete
machine-readable copy of the corresponding source code, to be
distributed under the terms of Sections 1 and 2 above on a medium
customarily used for software interchange; or,
c) Accompany it with the information you received as to the offer
to distribute corresponding source code. (This alternative is
allowed only for noncommercial distribution and only if you
received the program in object code or executable form with such
an offer, in accord with Subsection b above.)
The source code for a work means the preferred form of the work for
making modifications to it. For an executable work, complete source
code means all the source code for all modules it contains, plus any
associated interface definition files, plus the scripts used to
control compilation and installation of the executable. However, as a
special exception, the source code distributed need not include
anything that is normally distributed (in either source or binary
form) with the major components (compiler, kernel, and so on) of the
operating system on which the executable runs, unless that component
itself accompanies the executable.
If distribution of executable or object code is made by offering
access to copy from a designated place, then offering equivalent
access to copy the source code from the same place counts as
distribution of the source code, even though third parties are not
compelled to copy the source along with the object code.
4. You may not copy, modify, sublicense, or distribute the Program
except as expressly provided under this License. Any attempt
otherwise to copy, modify, sublicense or distribute the Program is
void, and will automatically terminate your rights under this License.
However, parties who have received copies, or rights, from you under
this License will not have their licenses terminated so long as such
parties remain in full compliance.
5. You are not required to accept this License, since you have not
signed it. However, nothing else grants you permission to modify or
distribute the Program or its derivative works. These actions are
prohibited by law if you do not accept this License. Therefore, by
modifying or distributing the Program (or any work based on the
Program), you indicate your acceptance of this License to do so, and
all its terms and conditions for copying, distributing or modifying
the Program or works based on it.
6. Each time you redistribute the Program (or any work based on the
Program), the recipient automatically receives a license from the
original licensor to copy, distribute or modify the Program subject to
these terms and conditions. You may not impose any further
restrictions on the recipients' exercise of the rights granted herein.
You are not responsible for enforcing compliance by third parties to
this License.
7. If, as a consequence of a court judgment or allegation of patent
infringement or for any other reason (not limited to patent issues),
conditions are imposed on you (whether by court order, agreement or
otherwise) that contradict the conditions of this License, they do not
excuse you from the conditions of this License. If you cannot
distribute so as to satisfy simultaneously your obligations under this
License and any other pertinent obligations, then as a consequence you
may not distribute the Program at all. For example, if a patent
license would not permit royalty-free redistribution of the Program by
all those who receive copies directly or indirectly through you, then
the only way you could satisfy both it and this License would be to
refrain entirely from distribution of the Program.
If any portion of this section is held invalid or unenforceable under
any particular circumstance, the balance of the section is intended to
apply and the section as a whole is intended to apply in other
circumstances.
It is not the purpose of this section to induce you to infringe any
patents or other property right claims or to contest validity of any
such claims; this section has the sole purpose of protecting the
integrity of the free software distribution system, which is
implemented by public license practices. Many people have made
generous contributions to the wide range of software distributed
through that system in reliance on consistent application of that
system; it is up to the author/donor to decide if he or she is willing
to distribute software through any other system and a licensee cannot
impose that choice.
This section is intended to make thoroughly clear what is believed to
be a consequence of the rest of this License.
8. If the distribution and/or use of the Program is restricted in
certain countries either by patents or by copyrighted interfaces, the
original copyright holder who places the Program under this License
may add an explicit geographical distribution limitation excluding
those countries, so that distribution is permitted only in or among
countries not thus excluded. In such case, this License incorporates
the limitation as if written in the body of this License.
9. The Free Software Foundation may publish revised and/or new versions
of the General Public License from time to time. Such new versions will
be similar in spirit to the present version, but may differ in detail to
address new problems or concerns.
Each version is given a distinguishing version number. If the Program
specifies a version number of this License which applies to it and "any
later version", you have the option of following the terms and conditions
either of that version or of any later version published by the Free
Software Foundation. If the Program does not specify a version number of
this License, you may choose any version ever published by the Free Software
Foundation.
10. If you wish to incorporate parts of the Program into other free
programs whose distribution conditions are different, write to the author
to ask for permission. For software which is copyrighted by the Free
Software Foundation, write to the Free Software Foundation; we sometimes
make exceptions for this. Our decision will be guided by the two goals
of preserving the free status of all derivatives of our free software and
of promoting the sharing and reuse of software generally.
NO WARRANTY
11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY
FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN
OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES
PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS
TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE
PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION.
12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING
WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR
REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES,
INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING
OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED
TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY
YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER
PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
END OF TERMS AND CONDITIONS
How to Apply These Terms to Your New Programs
If you develop a new program, and you want it to be of the greatest
possible use to the public, the best way to achieve this is to make it
free software which everyone can redistribute and change under these terms.
To do so, attach the following notices to the program. It is safest
to attach them to the start of each source file to most effectively
convey the exclusion of warranty; and each file should have at least
the "copyright" line and a pointer to where the full notice is found.
Copyright (C)
This program is free software; you can redistribute it and/or modify
it under the terms of the GNU General Public License as published by
the Free Software Foundation; either version 2 of the License, or
(at your option) any later version.
This program is distributed in the hope that it will be useful,
but WITHOUT ANY WARRANTY; without even the implied warranty of
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the
GNU General Public License for more details.
You should have received a copy of the GNU General Public License along
with this program; if not, write to the Free Software Foundation, Inc.,
51 Franklin Street, Fifth Floor, Boston, MA 02110-1301 USA.
Also add information on how to contact you by electronic and paper mail.
If the program is interactive, make it output a short notice like this
when it starts in an interactive mode:
Gnomovision version 69, Copyright (C) year name of author
Gnomovision comes with ABSOLUTELY NO WARRANTY; for details type `show w'.
This is free software, and you are welcome to redistribute it
under certain conditions; type `show c' for details.
The hypothetical commands `show w' and `show c' should show the appropriate
parts of the General Public License. Of course, the commands you use may
be called something other than `show w' and `show c'; they could even be
mouse-clicks or menu items--whatever suits your program.
You should also get your employer (if you work as a programmer) or your
school, if any, to sign a "copyright disclaimer" for the program, if
necessary. Here is a sample; alter the names:
Yoyodyne, Inc., hereby disclaims all copyright interest in the program
`Gnomovision' (which makes passes at compilers) written by James Hacker.
, 1 April 1989
Ty Coon, President of Vice
This General Public License does not permit incorporating your program into
proprietary programs. If your program is a subroutine library, you may
consider it more useful to permit linking proprietary applications with the
library. If this is what you want to do, use the GNU Lesser General
Public License instead of this License.
---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
The Universal FOSS Exception, Version 1.0
This page provides a copy of the Universal FOSS Exception, Version 1.0. Here is the text:
The Universal FOSS Exception, Version 1.0
In addition to the rights set forth in the other license(s) included in the distribution for this software, data, and/or documentation (collectively the "Software," and such licenses collectively with this additional permission the "Software License"), the copyright holders wish to facilitate interoperability with other software, data, and/or documentation distributed with complete corresponding source under a license that is OSI-approved and/or categorized by the FSF as free (collectively "Other FOSS"). We therefore hereby grant the following additional permission with respect to the use and distribution of the Software with Other FOSS, and the constants, function signatures, data structures and other invocation methods used to run or interact with each of them (as to each, such software's "Interfaces"):
(i) The Software's Interfaces may, to the extent permitted by the license of the Other FOSS, be copied into, used and distributed in the Other FOSS in order to enable interoperability, without requiring a change to the license of the Other FOSS other than as to any Interfaces of the Software embedded therein. The Software's Interfaces remain at all times under the Software License, including without limitation as used in the Other FOSS (which upon any such use also then contains a portion of the Software under the Software License).
(ii) The Other FOSS's Interfaces may, to the extent permitted by the license of the Other FOSS, be copied into, used and distributed in the Software in order to enable interoperability, without requiring that such Interfaces be licensed under the terms of the Software License or otherwise altering their original terms, if this does not require any portion of the Software other than such Interfaces to be licensed under the terms other than the Software License.
(iii) If only Interfaces and no other code is copied between the Software and the Other FOSS in either direction, the use and/or distribution of the Software with the Other FOSS shall not be deemed to require that the Other FOSS be licensed under the license of the Software, other than as to any Interfaces of the Software copied into the Other FOSS. This includes, by way of example and without limitation, statically or dynamically linking the Software together with Other FOSS after enabling interoperability using the Interfaces of one or both, and distributing the resulting combination under different licenses for the respective portions thereof.
For avoidance of doubt, a license which is OSI-approved or categorized by the FSF as free, includes, for the purpose of this permission, such licenses with additional permissions, and any license that has previously been so-approved or categorized as free, even if now deprecated or otherwise no longer recognized as approved or free. Nothing in this additional permission grants any right to distribute any portion of the Software on terms other than those of the Software License or grants any additional permission of any kind for use or distribution of the Software in conjunction with software other than Other FOSS.
When referring to the exception, you may link to it here at http://oss.oracle.com/licenses/universal-foss-exception.