Deephaven Data Labs is dedicated to developing Deephaven's software in the open
and is making software available under the following licenses:

- **Deephaven Open Source** is made available under the Apache 2.0 License
- **Deephaven Community** is provided under a source-available license, the
Deephaven Community License Agreement

To request a commercial license for software or uses not covered by these
licenses or to ask any license-related question, please contact us at:
[license@deephaven.io](mailto:license@deephaven.io)


# Deephaven Community License Agreement Version 1.0

1. **ACCEPTANCE.** This Deephaven Community License Agreement is entered into by
and between Deephaven Data Labs LLC, a Delaware Limited Liability Company, with
an address of 2800 Niagara Lane North, Plymouth, MN 55447 ("Deephaven") and
“You” (a) in your individual capacity, or (b) on behalf of your company if you
are licensing the Software for a company for which or with which you work. By
using the Software, You agree to all of the terms and conditions in this
Deephaven Community License Agreement (the "Agreement").

2. **THE SOFTWARE.** The "Software" means the version of the Deephaven Community
Software provided to the original licensee with this Agreement. The Software may
include third party owned code. Each third party module is subject to the terms
of its respective license; the details of which can be found in the notices
served at [https://github.com/deephaven/deephaven-core](https://github.com/deephaven/deephaven-core).
Since licensees may contribute back to the Software as provided for in Section
3(b), the Software may include any such contributions.

3. **GRANT OF LICENSE.** Subject to the terms and conditions of this Agreement,
Deephaven hereby grants You a royalty-free, worldwide, non-exclusive,
non-transferable license to the Software (the "License"), subject, in all of the
cases, to applicable laws and regulations, but not for the Prohibited Use (as
provided for in Section 4), solely as follows:

   - a. **Internal Use.** A license to use, copy, compile, and install the
Software for Your internal use;

   - b. **Derivative Works.** A license to (i) prepare, develop, compile, and test
Derivative Works of the Software, (ii) use Your Derivative Works for Your
internal use solely as expressly permitted in Section 3(a), and (iii) distribute
Your Derivative Works back to Deephaven under a separate Deephaven Contributor
Agreement for potential incorporation into the Software at Deephaven's sole
discretion. A "Derivative Work" means any work that (A) is based on or derived
from the Software including any modifications to the Software, or (B) meets the
definition of derivative work under the United States Copyright Act of 1976, 17
U.S.C. Section 101; and

   - c. **Distribution and redistribution.** A license to distribute or
redistribute the Software and Your Derivative Works, and copies of the Software
and Your Derivative Works, to customers and other third parties for their use
pursuant to this Agreement subject to the prohibitions in Section 4 and
Agreement requirement as provided for in Section 5.

4. **PROHIBITED USE.** Notwithstanding any provision of this Agreement to the
contrary, the original licensee is prohibited from using, distributing, or
deploying the Software or Derivative Works in such a way that a third party
(including any recipient under Section 3(c)) can, directly or indirectly
through the original licensee, its agents, its technology, or solutions made
available to them, add, define, redefine, or modify the schema for any input
tables (including source tables, or other input objects) that the Software or
Derivative Works access. For clarification, every recipient of the Software or
Derivative Works after the original licensee of the Software is prohibited from
adding, defining, redefining, or modifying the schema for any input tables
(including source tables, or other input objects) that the Software or
Derivative Works access. This prohibition in no way affects the ability of a
third party to add, define, redefine, or modify the schema of output tables
(including output tables that are interim or derived). Further, this
prohibition in no way affects the ability of a third party to add, define,
redefine, or modify data (as opposed to schema), nor does it cause You to be
limited in any capacity for Your internal use as permitted in Section 3(a). If
You have any questions on this prohibition, please contact us at:
[license@deephaven.io](mailto:license@deephaven.io)

5. **AGREEMENT.** If You distribute the Software, whether directly, as a copy,
or via Your Derivative Works you must provide recipients a copy of this
Agreement (which will bind each recipient directly) and You must ensure that all
copyright, patent, trademark, and attribution notices from the Software are
retained.

6. **AFFILIATES.** You may permit Your affiliates to exercise the License,
provided that such exercise must be solely for Your benefit and/or the benefit
of Your affiliate, and You shall be responsible for all acts and omissions of
such affiliates in connection with such exercise of the License, including but
not limited to breach of any terms of this Agreement.

7. **SUBLICENSE.** The License is sublicensable only to Your third-party
subcontractors and contractors performing services on Your or Your affiliates'
behalf, subject to the terms and conditions of this Agreement. The License is
not sublicensable to any other third party nor is it further sublicensable. You
shall be responsible for all acts and omissions of such subcontractor and
contractors in connection with such exercise of the sublicense, including but
not limited to breach of any terms of this Agreement.

8. **PATENTS.** Rights to use the Software do not give You any right to
implement or use Deephaven's patents independently of the permitted use of the
Software.

9. **RESERVATION OF RIGHTS.** Deephaven reserves all rights not granted in this
Agreement. You have no right to use Deephaven trade names, trademarks, service
marks, or product names except as required for reasonable and customary use in
describing the origin of the Software.

10. **DISCLAIMER OF WARRANTY.** THE SOFTWARE IS LICENSED ON AN "AS IS" BASIS
WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. DEEPHAVEN DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF
TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
You are solely responsible for determining the appropriateness of using,
distributing or redistributing the Software and Derivative Works and assume all
risks associated with Your exercise of the License.

11. **INDEMNIFICATION.** If You distribute or redistribute the Software or
Derivative Works, You agree to defend on request, and indemnify, Deephaven and
its affiliates, officers, directors, employees and agents from and against any
and all losses, damages, liabilities, claims, costs and expenses (including
reasonable attorney’s fees and expenses) incurred or arising from the
exploitation of the Software or Derivative Works.

12. **LIMITATION OF LIABILITY.** THE LICENSE IS GRANTED FOR NO FEE. IN NO EVENT
AND UNDER NO LEGAL THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR
OTHERWISE, SHALL DEEPHAVEN BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR AS A
RESULT OF THIS AGREEMENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF
GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR LOSS OR CORRUPTION
OF DATA), EVEN IF DEEPHAVEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13. **TERMINATION.** The License will automatically terminate if You violate the
use rights or prohibitions in this Agreement.

14. **GOVERNING LAW.** This Agreement will be interpreted, construed and
enforced in all respects in accordance with the laws of the State of Delaware,
USA without reference to its choice of law rules to the contrary.


# END OF AGREEMENT
