<div dir="auto">This license is being submitted for approval by its steward, MongoDB, Inc.<br>
<br>
Rationale: Clearly state rationale for a new license<br>
<br>
Today, Affero GPL 3.0 uses the broadest scope of copyleft, among the<br>
commonly used open source licenses. MongoDB has been making its<br>
database software available under AGPL for many years now. AGPL was<br>
written to close the “SaaS loophole” by requiring those offering<br>
software as a service to make source code available. However, for some<br>
kinds of software that is popular for cloud deployment, AGPL has not<br>
resulted in sufficient legal incentives for some of the largest users<br>
of infrastructure software, such as international cloud providers, to<br>
participate in the community. Many open source developers are<br>
struggling with a similar reality, and some of our competitors have<br>
moved to proprietary licensing models. The alternative, to be blunt,<br>
is for us to be that last standing unpaid open source database<br>
developer for cloud providers, who sell access to our software for<br>
significant fees, but may not adequately contribute back to our<br>
community. Faced with the choice of moving to a proprietary model by<br>
applying licensing restrictions to our software, we prefer instead to<br>
continue using the copyleft model to create a workable incentive for<br>
cloud providers to share with the rest of the community.<br>
<br>
The Remote Network Interaction provision of AGPL has not provided<br>
enough incentive to change the behavior of cloud providers for several<br>
reasons:<br>
<br>
· It is not clear that it extends to software that controls the<br>
functionality of the database software, such as management,<br>
automation, monitoring, storage and hosting software.<br>
<br>
· It only applies if the software is modified, and the<br>
definition of a modification references back to copyright principles<br>
that are not settled law.<br>
<br>
We have addressed each of these concerns in the Server Side Public<br>
License, by (i) clarifying that the copyleft obligation applies to<br>
those who make the functionality of the software available to third<br>
parties, (ii) expressly including management, automation, monitoring,<br>
storage and hosting software that is integrated with the functionality<br>
of the database software, and (iii) removing the modification<br>
requirement.<br>
<br>
<br>
Distinguish: Compare to and contrast with the most similar<br>
OSI-approved license(s)<br>
<br>
This license is based on GPL 3.0, with the addition of a new Section<br>
13 (Offering the Program as a Service) and other minor conforming<br>
changes. The text of the new Section 13 appears below, and we have<br>
submitted the entire document in plain text as well.<br>
<br>
“If you make the functionality of the Program or a modified version<br>
available to third parties as a service, you must make the Service<br>
Source Code available via network download to everyone at no charge,<br>
under the terms of this License. Making the functionality of the<br>
Program or modified version available to third parties as a service<br>
includes, without limitation, enabling third parties to interact with<br>
the functionality of the Program or modified version remotely through<br>
a computer network, offering a service the value of which entirely or<br>
primarily derives from the value of the Program or modified version,<br>
or offering a service that accomplishes for users the primary purpose<br>
of the Software or modified version.<br>
<br>
“Service Source Code” means the Corresponding Source for the Program<br>
or the modified version, and the Corresponding Source for all programs<br>
that you use to make the Program or modified version available as a<br>
service, including, without limitation, management software, user<br>
interfaces, application program interfaces, automation software,<br>
monitoring software, backup software, storage software and hosting<br>
software, all such that a user could run an instance of the service<br>
using the Service Source Code you make available.”<br>
<br>
Legal review: Describe any legal review the license has been through,<br>
and provide results of any legal analysis if available.<br>
<br>
This new clause for the license was drafted with input from the<br>
business and legal team at MongoDB, Inc., with assistance from outside<br>
counsel Heather Meeker, and with input from certain outside community<br>
members. Its drafting has been the subject of significant internal<br>
discussion, including as to its compliance with the requirements of<br>
the Open Source Definition, and the efficacy of its extension of the<br>
limits of copyleft.<br>
<br>
We expect certain issues to arise in the discussion of the Server Side<br>
Public License, and we have set out our thoughts on them below.<br>
<br>
Open Source Definition item 9. License Must Not Restrict Other<br>
Software. This item of the OSD states that the license must not place<br>
restrictions on other software that is distributed along with the<br>
licensed software. "For example, the license must not insist that all<br>
other programs distributed on the same medium must be open-source<br>
software." We think our license is consistent with this element as it<br>
is written. First, the Server Side Public License does not place any<br>
restrictions on the use of any software, only conditions. Second, OSI<br>
itself says, “Yes, the GPL v2 and v3 are conformant with this<br>
requirement. Software linked with GPLed libraries only inherits the<br>
GPL if it forms a single work, not any software with which they are<br>
merely distributed.” But the converse is not necessarily true: if<br>
software is not “linked” it does not follow that a source code sharing<br>
condition violates the definition.<br>
<br>
Open Source Definition -- neutrality. Various elements of the<br>
definition require that a license be neutral, or not discriminate<br>
against certain users, products or technology. While our license was<br>
written to address the behavior of large players in the cloud services<br>
sector, it is not facially discriminatory. In this respect, we think<br>
it is like many other open source licenses, whose terms will naturally<br>
apply differently to different groups of licensees. For example, most<br>
open source licenses apply very different conditions to software<br>
distributors and software users -- not because the license<br>
discriminates, but because those licensees choose to do different<br>
things with the software.<br>
<br>
Scope of derivative works. Licenses like GPL and AGPL have<br>
historically limited source code delivery requirements to GPL software<br>
and its derivative works. However, in the nearly 30 years since GPL<br>
was written, the scope of derivative works in software has never been<br>
clarified by courts. This leaves copyleft licenses vulnerable to<br>
challenge and misinterpretation. GPL v3 improved the clarity of the<br>
scope of copyleft source code sharing conditions over GPL v2, but<br>
still ultimately relies on copyright law terms that are not well<br>
defined in law. Cloud providers have exploited this ambiguity by<br>
refusing to share their management, automation, monitoring, storage<br>
and hosting code. Under the Server Side Public License, we make it<br>
clearer what software is included in the copyleft source code sharing<br>
condition.<br>
<br>
We are mindful that it is difficult to define terms like value and<br>
functionality. However, we have drafted our network condition using<br>
customary language and practices, and think that the ambiguities are<br>
only those inherent in natural language.<br>
<br>
<br>
Proliferation category: Recommend which license proliferation category<br>
is appropriate.<br>
<br>
Other Licenses. Given the license is new, clearly it cannot already<br>
have a significant community. AGPL has one, but is not listed in that<br>
category on the OSI web site here:<br>
<a href="https://opensource.org/proliferation-report" rel="noreferrer noreferrer" target="_blank">https://opensource.org/proliferation-report</a>. However, we expect our<br>
license will quickly gain a wide following. This license will be<br>
applied to MongoDB, which under its current Affero GPL 3.0 license has<br>
one of the most robust communities in open source database software in<br>
the world. MongoDB was released in 2009, and is the largest big data<br>
community in the world, with over 40 million downloads since 2009 and<br>
over 12 million downloads in the last 12 months. As of this writing,<br>
the MongoDB GITHUB repository shows over 43,000 commits, 680 releases,<br>
and over 350 contributors. Much as MongoDB pioneered the use of Affero<br>
GPL 3.0, we expect to pioneer the use of this new license.<br>
<br>
In keeping with the License Approval Process submission guidelines:<br>
<br>
- We have read the Open Source Definition and ensured that this<br>
license complies with it.<br>
<br>
- This is an Approval submission, as this is a new license.<br>
<br>
- We have appropriate standing to submit this request, as this license<br>
was created by us.<br>
<br>
- We are subscribed to license-review.<br>
<br>
- This communication is our formal request to license-review.<br>
<br>
<br>
A PLAINTEXT VERSION OF THE LICENSE FOLLOWS:<br>
<br>
====================================================================================<br>
<br>
SERVER SIDE PUBLIC LICENSE<br>
<br>
VERSION 1, OCTOBER 16, 2018<br>
<br>
Copyright © 2018 MongoDB, Inc.<br>
<br>
Everyone is permitted to copy and distribute verbatim copies of this<br>
license document, but changing it is not allowed.<br>
<br>
TERMS AND CONDITIONS<br>
<br>
0. Definitions.<br>
<br>
“This License” refers to Server Side Public License.<br>
<br>
“Copyright” also means copyright-like laws that apply to other kinds<br>
of works, such as semiconductor masks.<br>
<br>
“The Program” refers to any copyrightable work licensed under this<br>
License. Each licensee is addressed as “you”. “Licensees” and<br>
“recipients” may be individuals or organizations.<br>
<br>
To “modify” a work means to copy from or adapt all or part of the work<br>
in a fashion requiring copyright permission, other than the making of<br>
an exact copy. The resulting work is called a “modified version” of<br>
the earlier work or a work “based on” the earlier work.<br>
<br>
A “covered work” means either the unmodified Program or a work based<br>
on the Program.<br>
<br>
To “propagate” a work means to do anything with it that, without<br>
permission, would make you directly or secondarily liable for<br>
infringement under applicable copyright law, except executing it on a<br>
computer or modifying a private copy. Propagation includes copying,<br>
distribution (with or without modification), making available to the<br>
public, and in some countries other activities as well.<br>
<br>
To “convey” a work means any kind of propagation that enables other<br>
parties to make or receive copies. Mere interaction with a user<br>
through a computer network, with no transfer of a copy, is not<br>
conveying.<br>
<br>
An interactive user interface displays “Appropriate Legal Notices” to<br>
the extent that it includes a convenient and prominently visible<br>
feature that (1) displays an appropriate copyright notice, and (2)<br>
tells the user that there is no warranty for the work (except to the<br>
extent that warranties are provided), that licensees may convey the<br>
work under this License, and how to view a copy of this License. If<br>
the interface presents a list of user commands or options, such as a<br>
menu, a prominent item in the list meets this criterion.<br>
<br>
1. Source Code.<br>
<br>
The “source code” for a work means the preferred form of the work for<br>
making modifications to it. “Object code” means any non-source form of<br>
a work.<br>
<br>
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interfaces specified for a particular programming language, one that<br>
is widely used among developers working in that language.<br>
<br>
The “System Libraries” of an executable work include anything, other<br>
than the work as a whole, that (a) is included in the normal form of<br>
packaging a Major Component, but which is not part of that Major<br>
Component, and (b) serves only to enable use of the work with that<br>
Major Component, or to implement a Standard Interface for which an<br>
implementation is available to the public in source code form. A<br>
“Major Component”, in this context, means a major essential component<br>
(kernel, window system, and so on) of the specific operating system<br>
(if any) on which the executable work runs, or a compiler used to<br>
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<br>
The “Corresponding Source” for a work in object code form means all<br>
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work) run the object code and to modify the work, including scripts to<br>
control those activities. However, it does not include the work's<br>
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programs which are used unmodified in performing those activities but<br>
which are not part of the work. For example, Corresponding Source<br>
includes interface definition files associated with source files for<br>
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linked subprograms that the work is specifically designed to require,<br>
such as by intimate data communication or control flow between those<br>
subprograms and other parts of the work.<br>
<br>
The Corresponding Source need not include anything that users can<br>
regenerate automatically from other parts of the Corresponding Source.<br>
<br>
The Corresponding Source for a work in source code form is that same work.<br>
<br>
2. Basic Permissions.<br>
<br>
All rights granted under this License are granted for the term of<br>
copyright on the Program, and are irrevocable provided the stated<br>
conditions are met. This License explicitly affirms your unlimited<br>
permission to run the unmodified Program, subject to section 13. The<br>
output from running a covered work is covered by this License only if<br>
the output, given its content, constitutes a covered work. This<br>
License acknowledges your rights of fair use or other equivalent, as<br>
provided by copyright law.<br>
<br>
Subject to section 13, you may make, run and propagate covered works<br>
that you do not convey, without conditions so long as your license<br>
otherwise remains in force. You may convey covered works to others for<br>
the sole purpose of having them make modifications exclusively for<br>
you, or provide you with facilities for running those works, provided<br>
that you comply with the terms of this License in conveying all<br>
material for which you do not control copyright. Those thus making or<br>
running the covered works for you must do so exclusively on your<br>
behalf, under your direction and control, on terms that prohibit them<br>
from making any copies of your copyrighted material outside their<br>
relationship with you.<br>
<br>
Conveying under any other circumstances is permitted solely under the<br>
conditions stated below. Sublicensing is not allowed; section 10 makes<br>
it unnecessary.<br>
<br>
3. Protecting Users' Legal Rights From Anti-Circumvention Law.<br>
<br>
No covered work shall be deemed part of an effective technological<br>
measure under any applicable law fulfilling obligations under article<br>
11 of the WIPO copyright treaty adopted on 20 December 1996, or<br>
similar laws prohibiting or restricting circumvention of such<br>
measures.<br>
<br>
When you convey a covered work, you waive any legal power to forbid<br>
circumvention of technological measures to the extent such<br>
circumvention is effected by exercising rights under this License with<br>
respect to the covered work, and you disclaim any intention to limit<br>
operation or modification of the work as a means of enforcing, against<br>
the work's users, your or third parties' legal rights to forbid<br>
circumvention of technological measures.<br>
<br>
4. Conveying Verbatim Copies.<br>
<br>
You may convey verbatim copies of the Program's source code as you<br>
receive it, in any medium, provided that you conspicuously and<br>
appropriately publish on each copy an appropriate copyright notice;<br>
keep intact all notices stating that this License and any<br>
non-permissive terms added in accord with section 7 apply to the code;<br>
keep intact all notices of the absence of any warranty; and give all<br>
recipients a copy of this License along with the Program.<br>
<br>
You may charge any price or no price for each copy that you convey,<br>
and you may offer support or warranty protection for a fee.<br>
<br>
5. Conveying Modified Source Versions.<br>
<br>
You may convey a work based on the Program, or the modifications to<br>
produce it from the Program, in the form of source code under the<br>
terms of section 4, provided that you also meet all of these<br>
conditions:<br>
<br>
a) The work must carry prominent notices stating that you modified it,<br>
and giving a relevant date.<br>
<br>
b) The work must carry prominent notices stating that it is released<br>
under this License and any conditions added under section 7. This<br>
requirement modifies the requirement in section 4 to “keep intact all<br>
notices”.<br>
<br>
c) You must license the entire work, as a whole, under this License to<br>
anyone who comes into possession of a copy. This License will<br>
therefore apply, along with any applicable section 7 additional terms,<br>
to the whole of the work, and all its parts, regardless of how they<br>
are packaged. This License gives no permission to license the work in<br>
any other way, but it does not invalidate such permission if you have<br>
separately received it.<br>
<br>
d) If the work has interactive user interfaces, each must display<br>
Appropriate Legal Notices; however, if the Program has interactive<br>
interfaces that do not display Appropriate Legal Notices, your work<br>
need not make them do so.<br>
<br>
A compilation of a covered work with other separate and independent<br>
works, which are not by their nature extensions of the covered work,<br>
and which are not combined with it such as to form a larger program,<br>
in or on a volume of a storage or distribution medium, is called an<br>
“aggregate” if the compilation and its resulting copyright are not<br>
used to limit the access or legal rights of the compilation's users<br>
beyond what the individual works permit. Inclusion of a covered work<br>
in an aggregate does not cause this License to apply to the other<br>
parts of the aggregate.<br>
<br>
6. Conveying Non-Source Forms.<br>
<br>
You may convey a covered work in object code form under the terms of<br>
sections 4 and 5, provided that you also convey the machine-readable<br>
Corresponding Source under the terms of this License, in one of these<br>
ways:<br>
<br>
a) Convey the object code in, or embodied in, a physical product<br>
(including a physical distribution medium), accompanied by the<br>
Corresponding Source fixed on a durable physical medium customarily<br>
used for software interchange.<br>
<br>
b) Convey the object code in, or embodied in, a physical product<br>
(including a physical distribution medium), accompanied by a written<br>
offer, valid for at least three years and valid for as long as you<br>
offer spare parts or customer support for that product model, to give<br>
anyone who possesses the object code either (1) a copy of the<br>
Corresponding Source for all the software in the product that is<br>
covered by this License, on a durable physical medium customarily used<br>
for software interchange, for a price no more than your reasonable<br>
cost of physically performing this conveying of source, or (2) access<br>
to copy the Corresponding Source from a network server at no charge.<br>
<br>
c) Convey individual copies of the object code with a copy of the<br>
written offer to provide the Corresponding Source. This alternative is<br>
allowed only occasionally and noncommercially, and only if you<br>
received the object code with such an offer, in accord with subsection<br>
6b.<br>
<br>
d) Convey the object code by offering access from a designated place<br>
(gratis or for a charge), and offer equivalent access to the<br>
Corresponding Source in the same way through the same place at no<br>
further charge. You need not require recipients to copy the<br>
Corresponding Source along with the object code. If the place to copy<br>
the object code is a network server, the Corresponding Source may be<br>
on a different server (operated by you or a third party) that supports<br>
equivalent copying facilities, provided you maintain clear directions<br>
next to the object code saying where to find the Corresponding Source.<br>
Regardless of what server hosts the Corresponding Source, you remain<br>
obligated to ensure that it is available for as long as needed to<br>
satisfy these requirements.<br>
<br>
e) Convey the object code using peer-to-peer transmission, provided<br>
you inform other peers where the object code and Corresponding Source<br>
of the work are being offered to the general public at no charge under<br>
subsection 6d.<br>
<br>
A separable portion of the object code, whose source code is excluded<br>
from the Corresponding Source as a System Library, need not be<br>
included in conveying the object code work.<br>
<br>
A “User Product” is either (1) a “consumer product”, which means any<br>
tangible personal property which is normally used for personal,<br>
family, or household purposes, or (2) anything designed or sold for<br>
incorporation into a dwelling. In determining whether a product is a<br>
consumer product, doubtful cases shall be resolved in favor of<br>
coverage. For a particular product received by a particular user,<br>
“normally used” refers to a typical or common use of that class of<br>
product, regardless of the status of the particular user or of the way<br>
in which the particular user actually uses, or expects or is expected<br>
to use, the product. A product is a consumer product regardless of<br>
whether the product has substantial commercial, industrial or<br>
non-consumer uses, unless such uses represent the only significant<br>
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<br>
“Installation Information” for a User Product means any methods,<br>
procedures, authorization keys, or other information required to<br>
install and execute modified versions of a covered work in that User<br>
Product from a modified version of its Corresponding Source. The<br>
information must suffice to ensure that the continued functioning of<br>
the modified object code is in no case prevented or interfered with<br>
solely because modification has been made.<br>
<br>
If you convey an object code work under this section in, or with, or<br>
specifically for use in, a User Product, and the conveying occurs as<br>
part of a transaction in which the right of possession and use of the<br>
User Product is transferred to the recipient in perpetuity or for a<br>
fixed term (regardless of how the transaction is characterized), the<br>
Corresponding Source conveyed under this section must be accompanied<br>
by the Installation Information. But this requirement does not apply<br>
if neither you nor any third party retains the ability to install<br>
modified object code on the User Product (for example, the work has<br>
been installed in ROM).<br>
<br>
The requirement to provide Installation Information does not include a<br>
requirement to continue to provide support service, warranty, or<br>
updates for a work that has been modified or installed by the<br>
recipient, or for the User Product in which it has been modified or<br>
installed. Access to a network may be denied when the modification<br>
itself materially and adversely affects the operation of the network<br>
or violates the rules and protocols for communication across the<br>
network.<br>
<br>
Corresponding Source conveyed, and Installation Information provided,<br>
in accord with this section must be in a format that is publicly<br>
documented (and with an implementation available to the public in<br>
source code form), and must require no special password or key for<br>
unpacking, reading or copying.<br>
<br>
7. Additional Terms.<br>
<br>
“Additional permissions” are terms that supplement the terms of this<br>
License by making exceptions from one or more of its conditions.<br>
Additional permissions that are applicable to the entire Program shall<br>
be treated as though they were included in this License, to the extent<br>
that they are valid under applicable law. If additional permissions<br>
apply only to part of the Program, that part may be used separately<br>
under those permissions, but the entire Program remains governed by<br>
this License without regard to the additional permissions.<br>
<br>
When you convey a copy of a covered work, you may at your option<br>
remove any additional permissions from that copy, or from any part of<br>
it. (Additional permissions may be written to require their own<br>
removal in certain cases when you modify the work.) You may place<br>
additional permissions on material, added by you to a covered work,<br>
for which you have or can give appropriate copyright permission.<br>
<br>
Notwithstanding any other provision of this License, for material you<br>
add to a covered work, you may (if authorized by the copyright holders<br>
of that material) supplement the terms of this License with terms:<br>
<br>
a) Disclaiming warranty or limiting liability differently from the<br>
terms of sections 15 and 16 of this License; or<br>
<br>
b) Requiring preservation of specified reasonable legal notices or<br>
author attributions in that material or in the Appropriate Legal<br>
Notices displayed by works containing it; or<br>
<br>
c) Prohibiting misrepresentation of the origin of that material, or<br>
requiring that modified versions of such material be marked in<br>
reasonable ways as different from the original version; or<br>
<br>
d) Limiting the use for publicity purposes of names of licensors or<br>
authors of the material; or<br>
<br>
e) Declining to grant rights under trademark law for use of some trade<br>
names, trademarks, or service marks; or<br>
<br>
f) Requiring indemnification of licensors and authors of that material<br>
by anyone who conveys the material (or modified versions of it) with<br>
contractual assumptions of liability to the recipient, for any<br>
liability that these contractual assumptions directly impose on those<br>
licensors and authors.<br>
<br>
All other non-permissive additional terms are considered “further<br>
restrictions” within the meaning of section 10. If the Program as you<br>
received it, or any part of it, contains a notice stating that it is<br>
governed by this License along with a term that is a further<br>
restriction, you may remove that term. If a license document contains<br>
a further restriction but permits relicensing or conveying under this<br>
License, you may add to a covered work material governed by the terms<br>
of that license document, provided that the further restriction does<br>
not survive such relicensing or conveying.<br>
<br>
If you add terms to a covered work in accord with this section, you<br>
must place, in the relevant source files, a statement of the<br>
additional terms that apply to those files, or a notice indicating<br>
where to find the applicable terms.<br>
<br>
Additional terms, permissive or non-permissive, may be stated in the<br>
form of a separately written license, or stated as exceptions; the<br>
above requirements apply either way.<br>
<br>
8. Termination.<br>
<br>
You may not propagate or modify a covered work except as expressly<br>
provided under this License. Any attempt otherwise to propagate or<br>
modify it is void, and will automatically terminate your rights under<br>
this License (including any patent licenses granted under the third<br>
paragraph of section 11).<br>
<br>
However, if you cease all violation of this License, then your license<br>
from a particular copyright holder is reinstated (a) provisionally,<br>
unless and until the copyright holder explicitly and finally<br>
terminates your license, and (b) permanently, if the copyright holder<br>
fails to notify you of the violation by some reasonable means prior to<br>
60 days after the cessation.<br>
<br>
Moreover, your license from a particular copyright holder is<br>
reinstated permanently if the copyright holder notifies you of the<br>
violation by some reasonable means, this is the first time you have<br>
received notice of violation of this License (for any work) from that<br>
copyright holder, and you cure the violation prior to 30 days after<br>
your receipt of the notice.<br>
<br>
Termination of your rights under this section does not terminate the<br>
licenses of parties who have received copies or rights from you under<br>
this License. If your rights have been terminated and not permanently<br>
reinstated, you do not qualify to receive new licenses for the same<br>
material under section 10.<br>
<br>
9. Acceptance Not Required for Having Copies.<br>
<br>
You are not required to accept this License in order to receive or run<br>
a copy of the Program. Ancillary propagation of a covered work<br>
occurring solely as a consequence of using peer-to-peer transmission<br>
to receive a copy likewise does not require acceptance. However,<br>
nothing other than this License grants you permission to propagate or<br>
modify any covered work. These actions infringe copyright if you do<br>
not accept this License. Therefore, by modifying or propagating a<br>
covered work, you indicate your acceptance of this License to do so.<br>
<br>
10. Automatic Licensing of Downstream Recipients.<br>
<br>
Each time you convey a covered work, the recipient automatically<br>
receives a license from the original licensors, to run, modify and<br>
propagate that work, subject to this License. You are not responsible<br>
for enforcing compliance by third parties with this License.<br>
<br>
An “entity transaction” is a transaction transferring control of an<br>
organization, or substantially all assets of one, or subdividing an<br>
organization, or merging organizations. If propagation of a covered<br>
work results from an entity transaction, each party to that<br>
transaction who receives a copy of the work also receives whatever<br>
licenses to the work the party's predecessor in interest had or could<br>
give under the previous paragraph, plus a right to possession of the<br>
Corresponding Source of the work from the predecessor in interest, if<br>
the predecessor has it or can get it with reasonable efforts.<br>
<br>
You may not impose any further restrictions on the exercise of the<br>
rights granted or affirmed under this License. For example, you may<br>
not impose a license fee, royalty, or other charge for exercise of<br>
rights granted under this License, and you may not initiate litigation<br>
(including a cross-claim or counterclaim in a lawsuit) alleging that<br>
any patent claim is infringed by making, using, selling, offering for<br>
sale, or importing the Program or any portion of it.<br>
<br>
11. Patents.<br>
<br>
A “contributor” is a copyright holder who authorizes use under this<br>
License of the Program or a work on which the Program is based. The<br>
work thus licensed is called the contributor's “contributor version”.<br>
<br>
A contributor's “essential patent claims” are all patent claims owned<br>
or controlled by the contributor, whether already acquired or<br>
hereafter acquired, that would be infringed by some manner, permitted<br>
by this License, of making, using, or selling its contributor version,<br>
but do not include claims that would be infringed only as a<br>
consequence of further modification of the contributor version. For<br>
purposes of this definition, “control” includes the right to grant<br>
patent sublicenses in a manner consistent with the requirements of<br>
this License.<br>
<br>
Each contributor grants you a non-exclusive, worldwide, royalty-free<br>
patent license under the contributor's essential patent claims, to<br>
make, use, sell, offer for sale, import and otherwise run, modify and<br>
propagate the contents of its contributor version.<br>
<br>
In the following three paragraphs, a “patent license” is any express<br>
agreement or commitment, however denominated, not to enforce a patent<br>
(such as an express permission to practice a patent or covenant not to<br>
sue for patent infringement). To “grant” such a patent license to a<br>
party means to make such an agreement or commitment not to enforce a<br>
patent against the party.<br>
<br>
If you convey a covered work, knowingly relying on a patent license,<br>
and the Corresponding Source of the work is not available for anyone<br>
to copy, free of charge and under the terms of this License, through a<br>
publicly available network server or other readily accessible means,<br>
then you must either (1) cause the Corresponding Source to be so<br>
available, or (2) arrange to deprive yourself of the benefit of the<br>
patent license for this particular work, or (3) arrange, in a manner<br>
consistent with the requirements of this License, to extend the patent<br>
license to downstream recipients. “Knowingly relying” means you have<br>
actual knowledge that, but for the patent license, your conveying the<br>
covered work in a country, or your recipient's use of the covered work<br>
in a country, would infringe one or more identifiable patents in that<br>
country that you have reason to believe are valid.<br>
<br>
If, pursuant to or in connection with a single transaction or<br>
arrangement, you convey, or propagate by procuring conveyance of, a<br>
covered work, and grant a patent license to some of the parties<br>
receiving the covered work authorizing them to use, propagate, modify<br>
or convey a specific copy of the covered work, then the patent license<br>
you grant is automatically extended to all recipients of the covered<br>
work and works based on it.<br>
<br>
A patent license is “discriminatory” if it does not include within the<br>
scope of its coverage, prohibits the exercise of, or is conditioned on<br>
the non-exercise of one or more of the rights that are specifically<br>
granted under this License. You may not convey a covered work if you<br>
are a party to an arrangement with a third party that is in the<br>
business of distributing software, under which you make payment to the<br>
third party based on the extent of your activity of conveying the<br>
work, and under which the third party grants, to any of the parties<br>
who would receive the covered work from you, a discriminatory patent<br>
license (a) in connection with copies of the covered work conveyed by<br>
you (or copies made from those copies), or (b) primarily for and in<br>
connection with specific products or compilations that contain the<br>
covered work, unless you entered into that arrangement, or that patent<br>
license was granted, prior to 28 March 2007.<br>
<br>
Nothing in this License shall be construed as excluding or limiting<br>
any implied license or other defenses to infringement that may<br>
otherwise be available to you under applicable patent law.<br>
<br>
12. No Surrender of Others' Freedom.<br>
<br>
If conditions are imposed on you (whether by court order, agreement or<br>
otherwise) that contradict the conditions of this License, they do not<br>
excuse you from the conditions of this License. If you cannot use,<br>
propagate or convey a covered work so as to satisfy simultaneously<br>
your obligations under this License and any other pertinent<br>
obligations, then as a consequence you may not use, propagate or<br>
convey it at all. For example, if you agree to terms that obligate you<br>
to collect a royalty for further conveying from those to whom you<br>
convey the Program, the only way you could satisfy both those terms<br>
and this License would be to refrain entirely from conveying the<br>
Program.<br>
<br>
13. Offering the Program as a Service.<br>
<br>
If you make the functionality of the Program or a modified version<br>
available to third parties as a service, you must make the Service<br>
Source Code available via network download to everyone at no charge,<br>
under the terms of this License. Making the functionality of the<br>
Program or modified version available to third parties as a service<br>
includes, without limitation, enabling third parties to interact with<br>
the functionality of the Program or modified version remotely through<br>
a computer network, offering a service the value of which entirely or<br>
primarily derives from the value of the Program or modified version,<br>
or offering a service that accomplishes for users the primary purpose<br>
of the Software or modified version.<br>
<br>
“Service Source Code” means the Corresponding Source for the Program<br>
or the modified version, and the Corresponding Source for all programs<br>
that you use to make the Program or modified version available as a<br>
service, including, without limitation, management software, user<br>
interfaces, application program interfaces, automation software,<br>
monitoring software, backup software, storage software and hosting<br>
software, all such that a user could run an instance of the service<br>
using the Service Source Code you make available.<br>
<br>
14. Revised Versions of this License.<br>
<br>
MongoDB, Inc. may publish revised and/or new versions of the Server<br>
Side Public License from time to time. Such new versions will be<br>
similar in spirit to the present version, but may differ in detail to<br>
address new problems or concerns.<br>
<br>
Each version is given a distinguishing version number. If the Program<br>
specifies that a certain numbered version of the Server Side Public<br>
License “or any later version” applies to it, you have the option of<br>
following the terms and conditions either of that numbered version or<br>
of any later version published by MongoDB, Inc. If the Program does<br>
not specify a version number of the Server Side Public License, you<br>
may choose any version ever published by MongoDB, Inc.<br>
<br>
If the Program specifies that a proxy can decide which future versions<br>
of the Server Side Public License can be used, that proxy's public<br>
statement of acceptance of a version permanently authorizes you to<br>
choose that version for the Program.<br>
<br>
Later license versions may give you additional or different<br>
permissions. However, no additional obligations are imposed on any<br>
author or copyright holder as a result of your choosing to follow a<br>
later version.<br>
<br>
15. Disclaimer of Warranty.<br>
<br>
THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY<br>
APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT<br>
HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM “AS IS” WITHOUT<br>
WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT<br>
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR<br>
A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND<br>
PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE<br>
DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR<br>
CORRECTION.<br>
<br>
16. Limitation of Liability.<br>
<br>
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING<br>
WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MODIFIES AND/OR<br>
CONVEYS THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES,<br>
INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES<br>
ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT<br>
NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR<br>
LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM<br>
TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER<br>
PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.<br>
<br>
17. Interpretation of Sections 15 and 16.<br>
<br>
If the disclaimer of warranty and limitation of liability provided<br>
above cannot be given local legal effect according to their terms,<br>
reviewing courts shall apply local law that most closely approximates<br>
an absolute waiver of all civil liability in connection with the<br>
Program, unless a warranty or assumption of liability accompanies a<br>
copy of the Program in return for a fee.<br>
<br>
END OF TERMS AND CONDITIONS<br></div>