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A patent license is “discriminatory” if it does not include within the |
scope of its coverage, prohibits the exercise of, or is conditioned on |
the non-exercise of one or more of the rights that are specifically |
granted under this License. You may not convey a covered work if you are |
a party to an arrangement with a third party that is in the business of |
distributing software, under which you make payment to the third party |
based on the extent of your activity of conveying the work, and under |
which the third party grants, to any of the parties who would receive the |
covered work from you, a discriminatory patent license (a) in connection |
with copies of the covered work conveyed by you (or copies made from |
those copies), or (b) primarily for and in connection with specific |
products or compilations that contain the covered work, unless you |
entered into that arrangement, or that patent license was granted, prior |
to 28 March 2007. |
Nothing in this License shall be construed as excluding or limiting any |
implied license or other defenses to infringement that may otherwise be |
available to you under applicable patent law. |
12. No Surrender of Others' Freedom. |
If 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 use, |
propagate or convey a covered work so as to satisfy simultaneously your |
obligations under this License and any other pertinent obligations, then |
as a consequence you may not use, propagate or convey it at all. For |
example, if you agree to terms that obligate you to collect a royalty for |
further conveying from those to whom you convey the Program, the only way |
you could satisfy both those terms and this License would be to refrain |
entirely from conveying the Program. |
13. Offering the Program as a Service. |
If you make the functionality of the Program or a modified version |
available to third parties as a service, you must make the Service Source |
Code available via network download to everyone at no charge, under the |
terms of this License. Making the functionality of the Program or |
modified version available to third parties as a service includes, |
without limitation, enabling third parties to interact with the |
functionality of the Program or modified version remotely through a |
computer network, offering a service the value of which entirely or |
primarily derives from the value of the Program or modified version, or |
offering a service that accomplishes for users the primary purpose of the |
Program or modified version. |
“Service Source Code” means the Corresponding Source for the Program or |
the modified version, and the Corresponding Source for all programs that |
you use to make the Program or modified version available as a service, |
including, without limitation, management software, user interfaces, |
application program interfaces, automation software, monitoring software, |
backup software, storage software and hosting software, all such that a |
user could run an instance of the service using the Service Source Code |
you make available. |
14. Revised Versions of this License. |
MongoDB, Inc. may publish revised and/or new versions of the Server Side |
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 that a certain numbered version of the Server Side Public |
License “or any later version” applies to it, you have the option of |
following the terms and conditions either of that numbered version or of |
any later version published by MongoDB, Inc. If the Program does not |
specify a version number of the Server Side Public License, you may |
choose any version ever published by MongoDB, Inc. |
If the Program specifies that a proxy can decide which future versions of |
the Server Side Public License can be used, that proxy's public statement |
of acceptance of a version permanently authorizes you to choose that |
version for the Program. |
Later license versions may give you additional or different permissions. |
However, no additional obligations are imposed on any author or copyright |
holder as a result of your choosing to follow a later version. |
15. Disclaimer of Warranty. |
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. |
16. Limitation of Liability. |
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING |
WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MODIFIES AND/OR CONVEYS |
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 |
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