BIND Subscriber Edition End User License Agreement v2.0 (BSEEULA or the License)
Revised: January 2024
- AGREEMENT
1.1 Defined terms are set out below in Section 8.
1.2 This Software is supplied to You under the terms of a Subscription and Your rights under this License do not commence until You have obtained a valid Subscription.
1.3 This License describes rights granted to You by Licensor under copyright as part of the Subscription. The rights granted are world-wide, non-transferable, and without any rights to sublicense. The rights expressly described in this License are the only rights granted and You may not exceed any use expressly authorized here. For the avoidance of doubt no trademark rights are granted.
1.4 Subscriptions often include disclosure of the Source Code Form of the Software to the subscriber. The Source Code Form of the Software remains the confidential information of Licensor, its Related Persons, or third parties.
- LICENSE GRANTS AND CONDITIONS
2.1 If Your Subscription includes disclosure of the Source Code Form of the Software to You, then during the Term and the Extended Operational Term (and not thereafter) You may: (a) use the Source Code Form of the Software to create Modifications and Larger Works; (b) translate the Source Code Form of the Software, Modifications, and Larger Works into Licensed Executables; and (c) copy the Source Code Form of the Software, Modifications, and Larger Works to the extent reasonably necessary to enjoy the rights granted in this License.
2.2 If Your Subscription includes disclosure of the Source Code Form of the Software to You, You: (a) must keep the Source Code Form of the Software (including Modifications and Larger Works) confidential; (b) may use the Source Code Form of the Software (including Modifications and Larger Works) only for the purposes of enjoying the rights granted to You in this License; (c) may only disclose the Source Code Form of the Software (including Modifications and Larger Works) to those members of Your staff and individual subcontractors under Your control who reasonably require such access and who owe equivalent confidentiality obligations to You; and (d) must otherwise comply with any additional obligations concerning confidential information set out in the Subscription.
2.3 During the Term and the Extended Operational Term (and not thereafter) You may copy, install, and operate Licensed Executables solely for the Authorized Purposes in Authorized System Combinations on DNS Servers under Your control.
2.4 Subject to any rights given to You under applicable law, You may not decompile, reverse-engineer, disassemble, or otherwise attempt to derive the Source Code Form for any Licensed Executable supplied to You under the Subscription.
2.5 During the Term and the Extended Operational Term (and not thereafter), You may make, retain, and operate a reasonable number of copies of Licensed Executables: (a) for test and analysis purposes in a test environment that is not in productive use; and (b) for backup purposes.
2.6 This License does not grant You any rights to distribute the Software, Modifications, Larger Works, or any Licensed Executables to any third party (including Your Related Persons).
2.7 The rights expressly described in this License (subject to any expressly expanded rights described in the Subscription) are the only rights granted to You in respect of the Software.
- INTELLECTUAL PROPERTY
Nothing in this License serves to transfer ownership of any copyright or any other intellectual property rights.
- TERM AND TERMINATION
Your rights under this License begin at the commencement of the Term. Your rights expire at the times specified in the License.
- MAINTENANCE AND WARRANTY
5.1 Your rights to obtain access to Software updates, patches, and fixes from Licensor, are governed by the terms of the Subscription. Your right to obtain access to such updates patches and fixes ends at the conclusion of the Term.
5.2 THE LICENSOR HEREBY EXCLUDES FROM THIS LICENSE ANY TERMS CONDITIONS OR WARRANTIES THAT WOULD OTHERWISE BE IMPLIED BY OPERATION OF LAW INCLUDING, WITHOUT LIMITATION, TERMS CONDITIONS OR WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE SOFTWARE IS FREE OF DEFECTS, OR NON-INFRINGING.
- LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, STATUTORY DUTY, OR OTHERWISE, SHALL THE LICENSOR OR ANY RELATED PERSON OR ANY OF THEIR DIRECTORS OFFICERS OR STAFF, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PERSON SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THE PERSONS DESCRIBED IN THIS SECTION MAY RELY UPON THE TERMS OF THIS LIMITATION OF LIABILITY AND THERE ARE NO OTHER THIRD PARTY BENEFICIARIES TO THIS LICENSE.
- MISCELLANEOUS
7.1 This License is governed by and shall be construed in accordance with the law of New Hampshire.
7.2 You agree that any dispute arising out of or related to this License shall be submitted to the exclusive jurisdiction of the courts of New Hampshire and You consent to that jurisdiction. This jurisdiction provision is without prejudice to the rights of Licensor or any of its Related Persons to take legal action in any other jurisdiction for preliminary injunctive relief or post-judgment enforcement.
7.3 The rights granted in this License are personal to You and You may not assign novate sublicense or otherwise transfer Your rights to any other person, provided however that You may reasonably transfer the whole of Your rights under the License to a solvent Related Person as part of a genuine reorganization of Your enterprise upon notice to Licensor.
- DEFINITIONS
In this License:
8.1 “Authorized System Combination” means a system in which Related Software operates as the core of a DNS service and the Software provides added functionality to that Related Software, either through the combination of the Software and the Related Software into a Larger Work or otherwise.
8.2 “Authorized Purposes” means operating DNS services (including resolver and authoritative services).
8.3“DNS Server” means one instance of a Licensed Executable running on a single computer (whether physical or virtual), and for these purposes a hardware partition, a blade, a virtual machine, and any similar environment that fulfills similar functionality, is each individually counted as a single computer.
8.4 “Executable Form” means any form of a software work other than the Source Code Form.
8.5 “Extended Operational Term” means the period of 5 years immediately following the end of the Term.
8.6 “Larger Work” means a software work that You make by combining the Software with other materials.
8.7 “License” means the text of this document and the rights granted herein.
8.8 “Licensed Executable” means: (a) the software work that results when You translate Source Code Form of the Software, including any Modifications or Larger Works that You create pursuant to Your rights in this License, into Executable Form; or (b) the Software supplied to You in Executable Form.
8.9 “Licensor” means the person described as such in Your Subscription who holds lawful authority to grant the License and any additional rights described in the Subscription.
8.10 “Modifications” means a software work that You make by adding to, deleting from, or otherwise modifying, the Software.
8.11 “Related Software” means (a) software supplied by ISC used for the purpose of implementing DNS or other network protocols (such as DHCP), together with (b) any modification to such implementation developed by You or at Your direction.
8.12 “Related Person” means, in reference to a first person, any other natural or legal person that controls, is controlled by, or is under common control with, that first person.
8.13 “Software” means the BIND Subscription Edition software supplied to You under the Subscription, and any updates made available to You during the Term.
8.14 “Source Code Form” means the form of a software work preferred for making modifications.
8.15 “Subscription” means the commercial agreement pursuant to which You obtained lawful access to the Software from a person who was authorized to enter into that agreement on those terms.
8.16 “Term” means the term of the Subscription, commencing on the effective date of the Subscription and concluding on the end date specified in the Subscription, and if no end date is specified then concluding upon the first to occur: (a) the first anniversary of commencement; or (b) termination of the Subscription for any other reason.
8.17 “You” and “Your” refers to the natural or legal person who is the intended and expressly declared beneficial customer for the Subscription.