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LICENSE
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All components of this product are
Copyright (c) 2008-2014 New Relic, Inc. All rights reserved.
Certain inventions disclosed in this file may be claimed within
patents owned or patent applications filed by New Relic, Inc. or third
parties.
Subject to the terms of this notice, New Relic grants you a
nonexclusive, nontransferable license, without the right to
sublicense, to (a) install and execute one copy of these files on any
number of workstations owned or controlled by you and (b) distribute
verbatim copies of these files to third parties. As a condition to the
foregoing grant, you must provide this notice along with each copy you
distribute and you must not remove, alter, or obscure this notice. All
other use, reproduction, modification, distribution, or other
exploitation of these files is strictly prohibited, except as may be set
forth in a separate written license agreement between you and New
Relic. The terms of any such license agreement will control over this
notice. The license stated above will be automatically terminated and
revoked if you exceed its scope or violate any of the terms of this
notice.
This License does not grant permission to use the trade names,
trademarks, service marks, or product names of New Relic, except as
required for reasonable and customary use in describing the origin of
this file and reproducing the content of this notice. You may not
mark or brand this file with any trade name, trademarks, service
marks, or product names other than the original brand (if any)
provided by New Relic.
Unless otherwise expressly agreed by New Relic in a separate written
license agreement, these files are provided AS IS, WITHOUT WARRANTY OF
ANY KIND, including without any implied warranties of MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, or NON-INFRINGEMENT. As a
condition to your use of these files, you are solely responsible for
such use. New Relic will have no liability to you for direct,
indirect, consequential, incidental, special, or punitive damages or
for lost profits or data.
This product includes certificates from Symantec which are used under the
following license
(http://www.symantec.com/content/en/us/about/media/repository/root-certificate-license-agreement.pdf)
:
ROOT CERTIFICATE LICENSE AGREEMENT
SYMANTEC CORPORATION AND/OR ITS AFFILIATES (“SYMANTEC”) IS WILLING TO PROVIDE
THE ROOT CERTIFICATES TO YOU AS THE INDIVIDUAL, THE COMPANY, OR THE LEGAL
ENTITY THAT WILL BE UTILIZING THE ROOT CERTIFICATES (REFERENCED BELOW AS “YOU”
OR “YOUR”) ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS
AGREEMENT (“AGREEMENT”). READ THE TERMS AND CONDITIONS OF THIS AGREEMENT
CAREFULLY BEFORE USING THE ROOT CERTIFICATES. THIS IS A LEGAL AND ENFORCEABLE
CONTRACT BETWEEN YOU AND SYMANTEC. BY USING THE ROOT CERTIFICATES, YOU AGREE TO
THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS
AND CONDITIONS, MAKE NO FURTHER USE OF THE ROOT CERTIFICATES. UNLESS OTHERWISE
DEFINED HEREIN, CAPITALIZED TERMS WILL HAVE THE MEANING GIVEN IN THE
“DEFINITIONS” SECTION OF THIS AGREEMENT AND SUCH CAPITALIZED TERMS MAY BE USED
IN THE SINGULAR OR IN THE PLURAL, AS THE CONTEXT REQUIRES.
If You require a counter-signed copy of this Agreement, sign the Agreement and
send it via email to [email protected]. You may make use of the Root
Certificates prior to Your receipt of a fully signed copy of this Agreement.
ROOT CERTIFICATE TERMS AND CONDITIONS
"Certificate" means an electronic file that, at least, states a name or
identifies the issuing Certificate Authority, identifies the subscriber,
contains the subscriber's public key, identifies the Certificate's operational
period, contains a Certificate serial number, and contains a digital signature
of the issuing Certificate Authority. “Certificate Authority” or “CA” means a
person or entity authorized to issue, suspend, or revoke Certificates.
“Intermediate CA” means a CA Certificate signed by a Root Certificate
Intermediate that issues Certificates either to end-entities or other
Certificate Authorities, but not to both.
"Products" means all versions of Your product or service with which the Root
Certificates are incorporated (including successor products and services or any
major or minor upgrades thereto).
"Root Certificate" means a self-signed Certificate issued by a top-level
Certificate Authority to itself, which includes such Certificate Authority's
public key. The Root Certificates and Root Certificate files to be provided by
Company to Customer pursuant to this Agreement are available for download at
https://www.verisign.com/support/roots.html,
https://www.thawte.com/roots/index.html or
https://www.geotrust.com/resources/rootcertificates/index.html.
2. LICENSE. During the term of this Agreement, Symantec grants You a
royalty-free, non-exclusive, non- transferable license to (a) use the Root
Certificate for the purposes of testing (without the right to modify); (b) make
copies of Root Certificates only in order to embed and incorporate them,
unmodified and in full, as roots in Your Products; (c) distribute the Root
Certificates as embedded and incorporated in such Products; and (d) use the
relevant logos and trademarks of Symantec in Your marketing materials,
advertisements, product data sheets, product packaging and websites solely
conjunction with the distribution of the Root Certificates in accordance with
Symantec’s published guidelines for such usage. You shall not have the right to
further distribute the Root Certificates other than as described herein without
an additional license grant, in a separate writing, from Symantec.
3. RESTRICTIONS. You may not: (a) modify or create any derivative works of Root
Certificates; (b) assign, sublicense, sell, rent, or lease Symantec's root keys
or Root Certificates; (c) use such Root Certificates except as expressly
permitted under this Agreement; (d) remove or alter any trademark, logo,
copyright, or other proprietary notices, legends, symbols, or labels provided
in the Root Certificates; or (e) certify, or cause a third party to certify,
the public key contained in the Root Certificates by issuing or creating a
Certificate containing such public key.
4. CUSTOMER’S OBLIGATIONS.
4.1. During the term of this Agreement, You shall use commercially reasonable
efforts regularly check the applicable Symantec URL for updates to the Root
Certificates and update Root Certificates embedded into Your Products with the
most currently available Root Certificates, unmodified and in full, or as a
patch or update. If Symantec updates its Root Certificates,, You shall use
commercially reasonable efforts to (i) discontinue all copying and use of the
Root Certificates which have been replaced, and (ii) to use Symantec’s
then-current Root Certificates. Any updates to the Root Certificates are
incorporated into and subject to the terms of this Agreement.
4.2. You shall appoint at least one (1) individual as the administrative
contact designated to address any Root Certificate issues and shall provide the
contact information for such individual to dl-tss- [email protected].
4.3 In the event You become aware of or suspect any event that diminishes the
integrity of Symantec's data or public key system ("Compromise"), You shall
immediately notify Symantec at [email protected] of such Compromise, and
take reasonable steps to assist and cooperate with Symantec to remedy the
Compromise.
4.4 In the event that Symantec modifies these terms of use for the Root
certificates for all end users, Symantec shall post the modified terms for the
Agreement on the applicable URL and may post the modified terms on the Symantec
corporate website. You shall be responsible for regularly checking the
applicable URL for modifications to this Agreement. Such modifications shall be
effective and binding on Customer within thirty (30) days of Symantec’s posting
such modifications to its website. If you do not accept the modified Agreement,
discontinue use of the Root Certificates and this Agreement will be deemed as
terminated.
5. CONFIDENTIALITY.
5.1. Confidential Information. "Confidential Information" means the root
private keys corresponding to the public key in a Root Certificate, and any
confidential, trade secret, or other proprietary information disclosed by a
party to the other party under this Agreement, except for Information that: (i)
is public knowledge at the time of disclosure, (ii) was known by the receiving
party before disclosure by the disclosing party, or becomes public knowledge or
otherwise known to the receiving party after such disclosure, other than by
breach of a confidentiality obligation, or (iii) is independently developed by
the receiving party by persons without access to Confidential Information of
the disclosing party.
5.2. Protection of Confidential Information. The receiving party shall: (i) not
disclose the Confidential information to any third party, (ii) not use the
Confidential Information except for purposes of performing this Agreement, and
(iii) take steps consistent with its protection of its own confidential and
proprietary information (but in no event exercise less than reasonable care) to
prevent unauthorized disclosure of the Confidential Information. Each party
acknowledges that breach of this Section 5 may cause irreparable harm to the
disclosing party entitling the disclosing party to injunctive relief, among
other remedies.
5.3. Mutual Cooperation. Each party will notify and cooperate with the other
party in enforcing the disclosing party's rights if such party becomes aware of
a threatened or actual violation of the confidentiality requirements of this
Section 5. Each party shall have confidentiality agreements with its employees,
agents or independent contractors sufficient in scope to fulfill its
confidentiality obligations under this Agreement.
6. INTELLECTUAL PROPERTY. You acknowledge that Symantec, including its wholly
owned subsidiaries, retains all intellectual property rights and title
(including any patent, copyright, trademark, trade secret, and other rights) in
and to the Root Certificates, the public and private keys corresponding to such
Root Certificates ("Symantec Intellectual Property"). This Agreement does not
give You any intellectual property rights in the Symantec intellectual property
except for the license granted in Section 2. To the extent You use Symantec's
trademarks or logos as permitted herein, You agree to comply with all usage
requirements set forth in the then current version of Symantec's Logo and
Trademark Usage Guide
(http://www.symantec.com/about/profile/policies/trademarks.jsp) and any other
guides and procedures of Symantec.
7. NO WARRANTIES. THE ROOT CERTIFICATES, INCLUDING UPDATES, ARE PROVIDED "AS
IS" WITHOUT ANY WARRANTY WHATSOEVER. SYMANTEC HEREBY DISCLAIMS ALL WARRANTIES,
WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY
IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NONINFRINGEMENT OF THIRD PARTY RIGHTS.
8. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY
WILL SYMANTEC OR ITS LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR EXEMPLARY DAMAGES, WHETHER
FORESEEABLE OR UNFORESEEABLE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. YOU WILL TAKE REASONABLE MEASURES TO INSURE THAT
THE TERMS AND CONDITIONS SET FORTH IN THE PRECEDING SENTENCE OF THIS SECTION 8
ARE INCORPORATED INTO ANY AGREEMENT BETWEEN YOU AND YOUR CUSTOMERS OR
LICENSEES. SYMANTEC SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
DAMAGES CAUSED BY YOUR OR A THIRD PARTY’S CONTINUED USE OF ANY OUTDATED ROOTS
FOR WHICH AN UPDATED VERSION IS MADE AVAILABLE BY SYMANTEC. FURTHER, UNDER NO
CIRCUMSTANCES WILL SYMANTEC'S LIABILITY FOR ANY ACTION OR CLAIM EXCEED
USD$1,000, REGARDLESS OF WHETHER SUCH ACTION OR CLAIM IS BASED IN CONTRACT,
TORT, STRICT LIABILITY, OR OTHERWISE.
9. TERM AND TERMINATION.
9.1. Term. This Agreement shall become effective as of the earlier of, Your
first use of the Root Certificates, and shall remain in effect until the
earlier of (i) Your discontinued use of the Root Certificates; (ii) termination
by either party under the terms of Section 9.2, below; or (iii) Symantec’s
notice to You that Symantec is no longer providing Root Certificates for use.
9.2. Termination for Default/Insolvency. Either party shall be entitled to
terminate this Agreement in the event of a failure by the other party to
perform any of its material obligations under this Agreement if such breach is
not cured within thirty (30) days after receipt of written notice thereof from
the non-defaulting party or within forty-eight (48) hours after receipt of such
written notice if a breach by You may compromise the security of the Symantec
Trust Network or other system. This Agreement shall terminate upon the election
of and notice from a party to the other if the other party is adjudged
insolvent or bankrupt, or the institution of any proceedings by or against the
other party seeking relief, reorganization, or arrangement under any laws
relating to insolvency, or any assignment for the benefit of creditors, or the
appointment of a receiver, liquidator, or trustee of any of the other party's
property or assets, or the liquidation, dissolution, or winding up of the other
party's business.
9.3. Effect of Expiration or Termination. Upon expiration or termination of
this Agreement, except for a breach by You, You may continue to distribute the
current version of Your Products which incorporate the Root Certificates. Any
updates or upgrades thereto may not include the Root Certificates and You shall
stop making copies of Root Certificates, shall stop including Root Certificates
in Your Products, and shall stop using Symantec’s logos and trademarks. The
provisions of Sections 3, 4.3, 5, 6, 7, 8, 9.3, and 10 shall survive
termination of this Agreement.
10. GENERAL.
10.1. Governing Laws. This Agreement and any disputes relating to the services
provided hereunder shall be governed and interpreted according to each of the
following laws, respectively, without regard to its conflicts of law
provisions: (a) the laws of the State of California, if You are located in
North America or Latin America; or (b) the law of England, if You are located
in Europe, Middle East or Africa; or (c) the laws of Singapore, if You are
located in Asia Pacific including Japan. The United Nations Convention on
Contracts for the International Sale of Goods shall not apply to this
Agreement.
10.2. Binding Upon Successors; Assignment. This Agreement shall be binding
upon, and inure to the benefit of, the successors, executors, heirs,
representatives, administrators, and assigns of the parties hereto.
Notwithstanding the foregoing, You may not assign Your rights or obligations
under this Agreement without the prior written consent of Symantec. Any such
purported assignment of this Agreement without obtaining written consent shall
be void and of no effect.
10.3. Severability; Enforcement; No Waiver. The unenforceability of any
provision or provisions of this Agreement shall not impair the enforceability
of any other part of this Agreement. If any provision of this Agreement shall
be deemed invalid or unenforceable, in whole or in part, this Agreement shall
be deemed amended to delete or modify, as necessary, the invalid or
unenforceable provision to render it valid, enforceable, and, insofar as
possible, consistent with the original intent of the parties. The failure of a
party, at any time or from time to time, to require performance of any
obligations of the other party hereunder shall not be deemed a waiver and shall
not affect its right to enforce any provision of this Agreement at a subsequent
time.
10.4. Entire Agreement; Amendments; Waivers. This Agreement constitutes the
entire understanding and agreement of the parties, whether written or oral,
with respect to the subject matter hereof and supersede all prior and
contemporaneous agreements or understandings between the parties. Any term or
provision of this Agreement may be amended, and the observance of any term of
this Agreement may be waived, only by writing signed by the parties to be bound
thereby.
10.5. Compliance with Law, Export Requirements and Foreign Reshipment
Liability. Each party shall comply with all applicable federal, state and local
laws and regulations in connection with its performance under this Agreement.
Services, including documentation, may include controlled technology or
technical data (collectively “Controlled Technology”) that is subject to the
U.S. Export Administration Regulations (EAR), and diversion contrary to U.S.
law is prohibited. You agree to comply with all relevant laws including the
U.S. EAR and the laws of any country from which Controlled Technology is
exported. All Controlled Technology is prohibited for export or re-export to
Cuba, North Korea, Iran, Sudan and Syria and to any country or its nationals
subject to relevant embargo or sanction or to any entity or person for which an
export license is required per any relevant restricted party list, without
first obtaining a license. Furthermore, You hereby agree that You will not use
or allow use of Controlled Technology in connection with chemical, biological,
or nuclear weapons, or missiles, drones or space launch vehicles capable of
delivering such weapons. Symantec shall have the right to suspend performance
of any of its obligations under this Agreement, without any prior notice being
required and without any liability to Customer, if You fail to comply with this
provision.
10.6. Notices. You will make all notices, demands or requests to Symantec with
respect to this Agreement in writing to the "Contact" address listed on the
website from where you downloaded the Root Certificates, with a copy to:
General Counsel – Legal Department, Symantec Corporation, 350 Ellis Street,
Mountain View, California 94043, USA. Notices shall be effective on the date
received (unless the notice specifies a later date) only if it is sent by a
courier service that confirms delivery in writing or if sent by certified or
registered mail, postage prepaid, return receipt requested. Symantec may post
notices and updates regarding the Agreement or the Root Certificates at the URL
provided to You for the Root Certificates. You shall be responsible for
regularly checking the applicable URL for notices from Symantec regarding the
Agreement or the Root Certificates. No notices, demands, or requests to
Symantec with respect to this Agreement may be delivered by electronic mail.
You shall immediately notify Symantec of any legal notices served on You that
might affect Symantec, and shall promptly forward the original or a copy of
such notice to Symantec.
10.7. Independent Parties. The relationship between You and Symantec is that of
independent contractors. Neither party nor its employees, consultants,
contractors, or agents are agents, employees, or joint venturers of the other
party, nor do they have any authority to bind the other party by contract or
otherwise to any obligation.
Root Certificate License Agreement v3.0 (January 2014)
The New Relic Node.js agent also uses code from the following open source
projects under the following licenses:
bunyan http://opensource.org/licenses/MIT
continuation-local-storage http://opensource.org/licenses/BSD-2-Clause
async-listener http://opensource.org/licenses/BSD-2-Clause
emitter-listener http://opensource.org/licenses/BSD-2-Clause
shimmer http://opensource.org/licenses/BSD-2-Clause
yakaa http://opensource.org/licenses/MIT