The Hexagram 49, Inc. ("Hexagram 49") RethinkDB is not shareware, it is freeware subject to certain restrictions and the accompanying Hexagram 49 license agreement, and is distributed for evaluation purposes. RethinkDB consists of two parts - a binary distribution containing the RethinkDB software, and a license file. Unmodified copies of the binary distribution portion of RethinkDB may be distributed and posted on any web site or electronic bulletin board; and may be used for the following purposes: * Evaluation for potential commercial use * Personal programming, unrelated to commercial, government or university-sanctioned research Commercial, governmental and certain academic use of RethinkDB is strictly prohibited without Hexagram 49 prior written consent. The Hexagram 49 license forbids you to use RethinkDB to provide services or products to others for which you are compensated (by payment of money or otherwise, directly or indirectly) in any manner. Prohibited activities include but are not limited to: * Developing university-sanctioned research projects and applications. * Selling products which incorporate RethinkDB. * Using RethinkDB as a development platform for code which is then commercially distributed. * Selling support for products which incorporate RethinkDB. * Selling time share or similar distributed services based on software which incorporates RethinkDB (such as a Web server). * Using RethinkDB in a government setting. It is important that you read carefully and agree to the provisions of the attached license agreement. These provisions detail the obligations imposed on you for using, copying or distributing this software. Hexagram 49 reserves the right to change RethinkDB terms and conditions at any time. Copyright and Trademark Notices: -------------------------------- RethinkDB is Copyright (c) Hexagram 49, Inc. 2009. All rights reserved. The on-line documentation and all computer files are also Copyright (c) Hexagram 49, Inc. 2009. All rights reserved. These rights include but are not limited to any foreign language translations of the manual or the software, and all derivative works of both. All trademarks are the property of their respective owners. General License =============== Hexagram 49, Inc. 192 Carmen Hill Rd. #2 New Milford, CT 06776 mail: info@rethinkdb.com WWW: http://www.rethinkdb.com 203-300-1427 (phone) ATTENTION: READ CAREFULLY! By using, copying, or distributing the accompanying software you indicate your acceptance of the following Hexagram 49 End User License Agreement. HEXAGRAM 49 END USER LICENSE AGREEMENT ("Agreement") Date: July 22, 2009 Product: RethinkDB 1. LICENSE. Hexagram 49, Inc. ("Hexagram 49") hereby grants you (each licensee is addressed as "you") a non-exclusive, transferable license to use its accompanying software product known as "RethinkDB" and accompanying documentation (the program's object code, accompanying source code [if any] provided by Hexagram 49, and documentation are collectively referred to as the "Software") on the following terms and only for non-commercial purposes (see Section 2 below). You may: a. use the Software on any computer in your possession; b. make copies of the Software; and c. distribute the Software (subject to the requirements of Section 3 below) only in the form originally furnished by Hexagram 49 with no modifications or additions whatsoever. If you have the slightest doubt that your copy of the Software is not original, you must contact Hexagram 49 for an original copy. You may, however, distribute additional programming code in source form only, and related documentation (e.g., SQL user scripts or code that alters the operation of the Software) together with the Software, provided that each Additional File must be stored in a file separate from the Software, separately identified as required by Section 2.d below. YOU MAY NOT MODIFY OR OTHERWISE PREPARE DERIVATIVE WORKS OF THE SOFTWARE. 2. LIMITATIONS ON LICENSE. The license granted in Section 1 is subject to the following restrictions: a. The Software is to be used only for non-commercial purposes unless you obtain Hexagram 49's prior written consent. Prohibited commercial purposes include, but are not limited to: (i) Developing university-sanctioned research projects and applications; (ii) Licensing or renting the Software to third parties for a fee (by payment of money or otherwise, whether direct or indirect); (iii) Using the Software to provide services or products to others for which you are compensated in any manner (by payment of money or otherwise, whether direct or indirect), including, without limitation, providing support or maintenance for the Software; (iv) Using, distributing, or copying the Software within a government environment; (v) Using the Software to develop an application which is ported to other platforms for commercial distribution; or (vi) Using the Software in any manner that is generally competitive with a Hexagram 49 product as defined by Hexagram 49. b. However, media costs associated with the distribution of the Software may be recovered. You shall use your best efforts to promptly notify Hexagram 49 upon learning of any violation of the above commercial restrictions. c. On each copy of the Software you must conspicuously and appropriately reproduce Hexagram 49's copyright notices (see Software for examples of such notices) and disclaimer of warranty; keep intact this Agreement and all notices that refer to this Agreement or any absence of warranty (whether written or interactively displayed); and give any other recipients of the Software a copy of this Agreement. d. You may not modify or otherwise prepare derivative works of the Software. You may, however, distribute additional programming code in source form only, and related documentation (e.g., SQL user scripts or code that alters the operation of the Software) ("Additional Files") together with the Software, provided that each Additional File must be stored in a file separate from the Software. Each Additional File must carry prominent and conspicuous notices stating the date of its creation, and the name, street address, telephone number, and electronic mail address of the person responsible for its creation. e. In order to preserve the value of the Hexagram 49 name and/or any trademarks, service marks, trade dress adopted and/or used by Hexagram 49 from time to time, you shall not make use of any of them for any reason (e.g., with respect to an Additional File, in advertising, marketing your own products, press releases, or other publicity) except solely as may be expressly authorized by this Agreement or by the prior written consent of Hexagram 49. f. Hexagram 49, in its sole and absolute discretion, may have included a portion of the source code or online documentation of the Software. Except for any such portions, you shall not REVERSE ENGINEER, DECOMPILE, DISASSEMBLE, OR OTHERWISE REDUCE ANY PORTION OF THE SOFTWARE TO ANY HUMAN PERCEIVABLE FORM, except to the extent this restriction is prohibited by applicable law. 3. DISTRIBUTION: As used in this Agreement, the term "distribute" (and its variants) includes making the Software available (either intentionally or unintentionally) to third parties for copying or use, including providing timeshare access. Each time you distribute the Software, the recipient must expressly agree to comply with these terms and conditions. The recipient automatically receives this license to use, copy, or distribute the Software 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 with this Agreement by recipients. 4. TITLE. Title, ownership rights, and intellectual property rights in and to the Software, and each copy thereof (including all copyrights therein), shall remain in Hexagram 49. The Software is protected by the copyright laws of the United States and international copyright treaties. 5. NO HEXAGRAM 49 OBLIGATION. You are solely responsible for all of your costs and expenses incurred in connection with the distribution of the Software, and Hexagram 49 shall have no liability, obligation or responsibility therefor. Hexagram 49 shall have no obligation to provide maintenance, support, upgrades or new releases to you or to any distributee of the Software. 6. NO WARRANTY. THE SOFTWARE IS LICENSED FREE OF CHARGE, AND THERE IS NO WARRANTY FOR THE SOFTWARE. HEXAGRAM 49 PROVIDES THE SOFTWARE "AS IS," AND HEXAGRAM 49, ITS DISTRIBUTORS AND SUPPLIERS, AND ALL OTHER PERSONS WHO HAVE BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SOFTWARE, DISCLAIM ALL CONDITIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY CONDITIONS OR IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE RESULTS, QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU AND YOUR DISTRIBUTEES. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU AND YOUR DISTRIBUTEES (AND NOT HEXAGRAM 49) ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. HEXAGRAM 49 MAKES NO WARRANTY OF NONINFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. 7. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL HEXAGRAM 49, ITS DISTRIBUTORS AND SUPPLIERS, OR ANY OTHER PERSON WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SOFTWARE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY GENERAL, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY CHARACTER ARISING OUT OF THIS AGREEMENT OR THE USE OR INABILITY TO USE THE SOFTWARE, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, LOSS OF PROFITS, LOSS OF DATA, OUTPUT FROM THE SOFTWARE OR DATA BEING RENDERED INACCURATE, FAILURE OF THE SOFTWARE TO OPERATE WITH ANY OTHER PROGRAMS, DAMAGES FOR LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES OF WHATEVER NATURE, EVEN IF HEXAGRAM 49 HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. 8. INDEMNIFICATION. You and your distributees shall defend, indemnify and hold harmless Hexagram 49, its distributors and suppliers, and all other persons who have been involved in the creation, production, or delivery of the Software, from any claim, demand, liability, damage award, suit, judgment, or other legal action (including reasonable attorney's fees) arising out of your use, distribution, modification, or duplication of the Software or Additional Files. 9. TERMINATION. The license granted hereunder is effective until terminated by Hexagram 49. You may terminate it at any time by destroying the Software. This license will terminate automatically if you fail to comply with the limitations described above. On termination, you must destroy all copies of the Software. The termination of your license will not result in the termination of the licenses of any distributees who have received rights to the Software through you so long as they are in compliance with the provisions of this Agreement. 10. EXPORT CONTROLS. None of the Software or underlying information or technology may be downloaded or otherwise exported or re-exported into (or to a national or resident of) any country in violation of the laws and administrative regulations of the United States relating to the control of exports of commodities and technical data. By downloading or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country. 11. MISCELLANEOUS. This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. It may not be amended. If any provision of this Agreement is held to be unenforceable for any reason, this Agreement shall terminate. This Agreement shall be governed by and construed under Delaware law as such law applies to agreements between Delaware residents entered into and to be performed within Delaware, except as governed by U.S. federal law. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Address all correspondence regarding this license to: Hexagram 49, Inc. 192 Carmen Hill Rd. #2 New Milford, CT 06776 mail: info@rethinkdb.com WWW: http://www.rethinkdb.com 203-300-1427 (phone) ATTENTION: READ CAREFULLY! By using, copying, or distributing the accompanying software you indicate your acceptance of the above Hexagram 49 End User License Agreement.