Community Edition License Agreement

This Couchbase Community Edition License Agreement between you and
Couchbase, Inc. governs your use of the community edition of Couchbase's
software accompanying this agreement, including but not limited to
Couchbase Server Community Edition, Couchbase Sync Gateway Community
Edition and Couchbase Lite Community Edition, and any Couchbase services
or updates for such software, in addition to all versions of Couchbase's
community software described in Section 1 below (together, the "Community
Software"). The software license provided through this agreement excludes
the cross datacenter replication ("XDCR") feature and any other excluded
features as described in Couchbase documentation.

BY INSTALLING OR OTHERWISE USING THE COMMUNITY SOFTWARE, YOU AGREE TO
THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ANY TERMS OF THIS
AGREEMENT, YOU MUST IMMEDIATELY CEASE USING THE COMMUNITY SOFTWARE AND
UNINSTALL AND DELETE ALL COPIES OF THE COMMUNITY SOFTWARE.

If you are installing or using the Community Software on behalf of an
organization or are otherwise entering into this agreement on behalf of an
organization, you represent and warrant that you are authorized to enter
into this agreement on behalf of your organization.  In consideration
of the rights granted to you in this agreement, you must comply with
all the terms in this agreement.

1. Application of Agreement.
If you have installed or used any prior version of the community edition
of our software under any other license terms, by installing or using
the version of the Community Software that accompanies this agreement,
you agree that this agreement replaces those other license terms in
their entirety and will also govern your use of all prior versions of
the Community Software.

2. Term and Termination.
This agreement will continue to apply until (a) you terminate this
agreement at any time by uninstalling and deleting all copies of the
Community Software in your possession or control; or (b) we terminate
this agreement. We may terminate this agreement at any time for any
reason (including but not limited to your breach of this agreement)
in our sole discretion by providing you with notice. If we notify
you of our termination, you must uninstall and delete all copies of
the Community Software in your possession or control. Upon request,
you shall provide written certification that you have uninstalled,
deleted and ceased all usage of the Community Software within five (5)
business days of our request. If you represent an organization, then
such certification must be signed by an authorized representative of
your organization on behalf of your organization.

3. Modification of Agreement.
We may modify this agreement or replace this agreement with new terms
from time to time with any update or new version of the Community Software
or with notice to you.

4. License Grant.
The Community Software is licensed, not sold, to you.  During the term
of this agreement and subject to your compliance with this agreement,
we grant you a non-exclusive, non-transferable, non-assignable,
non-sublicensable, revocable and personal license to install and use the
Community Software at no charge for your internal business purposes and
to develop or commercialize products that interact with the Community
Software, subject to the restrictions in Section 5 and provided that
you ensure that users of your products also comply with the applicable
restrictions in Section 5.

5. License Restrictions.
This agreement does not grant any rights to our source code or to any
commercial or enterprise (i.e. non-community) edition of our software or
services, which are subject to separate terms. In addition to the other
restrictions and limitations in this agreement, you must not, and you must
not assist or authorize others to: (a) work around or bypass any technical
limitations, protections, or security measures used for or contained in
the Community Software; (b) decompile, reverse engineer, disassemble,
attempt to derive the source code of, modify, or create derivative works
of the Community Software (except the extent prohibited by applicable
law or to the extent permitted by the licensing terms governing use of
any open source components included with the Community Software); (c)
use the Community Software in any manner that violates applicable law,
including but not limited to transferring the Community Software to any
country or recipient in violation of any sanctions or export control
laws or regulations, or that infringes, misappropriates or otherwise
violates any right of any third party; (d) commercialize (other than as
permitted by Section 4 above) or otherwise distribute, offer, provide,
share, sell, transfer, license or sublicense the Community Software; (e)
make any representations or warranties regarding the Community Software;
(f) use or deploy Couchbase Server Community in clusters comprised of
more than five (5) node instances of Couchbase Server Community running
on a server, including a physical server, server blade, virtual machine,
software container, or cloud server; or (g) use or deploy the Community
Software to support an application or workload also supported by any
commercial or enterprise Couchbase offering (including without limitation
Couchbase Enterprise Edition software or Couchbase Capella). Furthermore,
this agreement does not grant you any rights to the XDCR functionality
provided by Couchbase.

6. Verification of Use.
We may verify that you are using the Community Software in compliance
with this agreement, including without limitation through technological
features in the Community Software that may transmit to us data relating
to your use of the Community Software. Upon our request, you will
provide us promptly and in any event within five (5) business days with
system-generated information verifying that your use of the Community
Software complies with this agreement. If you are found to be using the
Community Software in breach of this agreement, then without limiting
any other rights or remedies we may have, you must immediately pay us
a license fee for such usage of the Community Software that is equal
to the amount you would have paid if you had licensed the commercial
or enterprise version Couchbase's software.  If you do not comply with
this agreement and we do not take immediate action, we reserve and do
not waive the right to take action in the future.

7. Privacy and Data Security.
Our use of any personal data collected by us under this
agreement is governed by our privacy policy, currently located at:
https://www.couchbase.com/privacy-policy/. Your use of the Community
Software operates as a consent to the practices described in our privacy
policy.

8. No Support Services.
Because this is the free community edition of our software, all Community
Software is provided "as is" without any services or support.  We are
under no obligation to provide or continue to provide the Community
Software (including any update, upgrade or new version) to you.

9. Disclaimer of Warranties.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (A) USE OF ANY
COMMUNITY SOFTWARE IS AT YOUR SOLE RISK, INCLUDING THE ENTIRE RISK
AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT; (B) THE
COMMUNITY SOFTWARE IS LICENSED TO YOU ON AN "AS IS" AND "AS AVAILABLE"
BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE DISCLAIM
ALL WARRANTIES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT
LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY,
FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AVAILABILITY
AND NON-INFRINGEMENT; AND (C) WITHOUT LIMITING THE FOREGOING, WE DO NOT
WARRANT THAT THE COMMUNITY SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT ITS
OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE
CORRECTED. NO INFORMATION OR ADVICE GIVEN BY US WILL CREATE ANY WARRANTY.

10. LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT WILL WE
BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES
WHATSOEVER, OR DAMAGES FOR LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA,
LOSS OF GOODWILL, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES,
ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE COMMUNITY
SOFTWARE; AND (B) IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL
LOSS, CLAIMS AND DAMAGES EXCEED THE AMOUNT OF FIFTY DOLLARS (USD 50.00).
ALL LIMITATIONS AND EXCLUSIONS OF LIABILITY IN THIS AGREEMENT WILL APPLY
EVEN IF THE ABOVE STATED REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE AND
REGARDLESS OF THE FORM OR SOURCE OF CLAIM OR LOSS, WHETHER THE CLAIM OR
LOSS WAS FORESEEABLE, AND WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF THE CLAIM OR LOSS.

11. Non-Assignment.
You may not assign or otherwise transfer your rights and obligations under
this agreement, in whole or in part, without our written consent, and
any such attempt will be void. We may transfer our rights or obligations
under this agreement to a third party at our sole discretion.

12. Dispute Resolution.
If you have any concern or dispute, you must first try to resolve the
dispute informally by contacting us. If your dispute is not resolved
within thirty (30) days of submission, any resulting legal actions
must be resolved through final and binding arbitration. If you reside
in the Americas, JAMS will administer the arbitration in Santa Clara
County, California pursuant to its Comprehensive Arbitration Rules
and Procedures. If you reside in Australia, New Zealand, Japan, the
People's Republic of China, Hong Kong S.A.R., Macau S.A.R., Taiwan,
South Korea, India, Sri Lanka, Bangladesh, Nepal, or a member state
of the Association of Southeast Asian Nations, then the Singapore
International Arbitration Centre will administer the arbitration in
Singapore under its Rules of Arbitration, which rules are deemed to be
incorporated by reference in this section. Otherwise, the London Court
of International Arbitration (LCIA) will administer the arbitration in
London under the LCIA Arbitration Rules. You agree to appear in the
identified and applicable forum stated in this paragraph, and to be
bound by the results of the arbitration.  There will be one arbitrator
that you and we mutually select. The arbitration will be conducted in
the English language. Judgment upon the award rendered may be entered
and will be enforceable in any court of competent jurisdiction having
jurisdiction over you and us.

13. No Class Actions; Injunctive Relief; Governing Law; Severability.
You may only resolve disputes with us on an individual basis, and you
may not bring a claim as a plaintiff or a class member in a class,
consolidated, or representative action. Notwithstanding anything else
in this agreement, if you use the Community Software in violation of
this agreement, we are entitled to apply for injunctive remedies (or
an equivalent type of urgent legal relief) in any jurisdiction. This
agreement will be governed by and construed in accordance with the
substantive laws of the State of California. By using the Community
Software you represent that you will comply with, and acknowledge that
the software and any related technology or documentation is subject
to, U.S. sanctions and export control laws and regulations. If any
part of this agreement is held invalid, the remainder of the agreement
will continue in full force and effect.  If you have other rights not
described in this agreement, including consumer rights, under the laws
of your state or country, this agreement does not change those other
rights if the laws of your state or country do not permit it to do so.

Community Edition License Agreement (May 2024)
