1. Definitions
“Agreement” means this Sonar Source-Available License v1.0.1
“Competing” means marketing a product or service as a substitute for the functionality or value of SonarQube. A product or service may compete regardless of how it is designed or deployed. For example, a product or service may compete even if it provides its functionality via any kind of interface (including services, libraries, or plug-ins), even if it is ported to a different platform or programming language, and even if it is provided free of charge.
“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.
“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.
“Distribute” means the acts of a) distributing or b) making available in any manner that enables the transfer of a copy.
“Licensed Patents” mean patent claims licensable by a Contributor that are necessarily infringed by the use or sale of its Contribution alone or when combined with the Program.
“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.
“Non-competitive Purpose” means any purpose except for (a) providing to others any product or service that includes or offers the same or substantially similar functionality as SonarQube, (b) Competing with SonarQube, and/or (c) employing, using, or engaging artificial intelligence technology that is not part of the Program to ingest, interpret, analyze, train on, or interact with the data provided by the Program, or to engage with the Program in any manner.
“Notices” means any legal statements or attributions included with the Program, including, without limitation, statements concerning copyright, patent, trademark, disclaimers of warranty, or limitations of liability
“Program” means the Contributions Distributed in accordance with this Agreement.
“Recipient” means anyone who receives the Program under this Agreement, including Contributors.
“SonarQube” means an open-source or commercial edition of software offered by SonarSource that is branded “SonarQube”.
“SonarSource” means SonarSource SàrL, a Swiss company.
“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.
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, for any Non-competitive Purpose, 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, for any Non-competitive Purpose, 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 that include the Contribution.
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
3.1 If a Contributor Distributes the Program in any form, then 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 inform Recipients how to obtain it in a reasonable manner on or through a medium customarily used for software exchange; and
3.2 When the Program is Distributed as Source Code:
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.
3.3 Contributors may not remove or alter any Notices contained within the Program from any copy of the Program which they Distribute, provided that Contributors may add their own appropriate Notices.
4. 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.
5. 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.
6. 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.
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.