diff --git a/LICENSE b/LICENSE index 7376ffc3ff107dfe0e066eea1c8933e4e4d03d40..29121f22277b1df76a8c63363127ce95d59930b4 100644 --- a/LICENSE +++ b/LICENSE @@ -221,3 +221,27 @@ SOFTWARE 6.11 "Subscription" means the right to receive Support Services and a License to the Commercial Software. + +GOVERNMENT END USER ADDENDUM TO THE ELASTIC LICENSE AGREEMENT + +This ADDENDUM TO THE ELASTIC LICENSE AGREEMENT (this “Addendum”) applies only to U.S. Federal Government, State Government, and Local Government entities (“Government End Users”) of the Elastic Software. This Addendum is subject to, and hereby incorporated into, the Elastic License Agreement, which is being entered into as of even date herewith, by Elastic and You (the “Agreement”). This Addendum sets forth additional terms and conditions related to Your use of the Elastic Software. Capitalized terms not defined in this Addendum have the meaning set forth in the Agreement. + +1. LIMITED LICENSE TO DISTRIBUTE (DSOP ONLY). Subject to the terms and conditions of the Agreement (including this Addendum), Elastic grants the Department of Defense Enterprise DevSecOps Initiative (DSOP) a royalty-free, non-exclusive, non-transferable, limited license to reproduce and distribute the Elastic Software solely through a software distribution repository controlled and managed by DSOP, provided that DSOP: (i) distributes the Elastic Software complete and unmodified, inclusive of the Agreement (including this Addendum) and (ii) does not remove or alter any proprietary legends or notices contained in the Elastic Software. + +2. CHOICE OF LAW. The choice of law and venue provisions set forth shall prevail over those set forth in Section 5 of the Agreement. + +For U.S. Federal Government Entity End Users. This Agreement and any non-contractual obligation arising out of or in connection with it, is governed exclusively by U.S. Federal law. To the extent permitted by federal law, the laws of the State of Delaware (excluding Delaware choice of law rules) will apply in the absence of applicable federal law. + +For State and Local Government Entity End Users. This Agreement and any non-contractual obligation arising out of or in connection with it, is governed exclusively by the laws of the state in which you are located without reference to conflict of laws. Furthermore, the Parties agree that the Uniform Computer Information Transactions Act or any version thereof, adopted by any state in any form (‘UCITA’), shall not apply to this Agreement and, to the extent that UCITA is applicable, the Parties agree to opt out of the applicability of UCITA pursuant to the opt-out provision(s) contained therein. + +3. ELASTIC LICENSE MODIFICATION. Section 5 of the Agreement is hereby amended to replace + +“This Agreement may be modified by Elastic from time to time, and any such modifications will be effective upon the "Posted Date" set forth at the top of the modified Agreement.” + +with: + +“This Agreement may be modified by Elastic from time to time; provided, however, that any such modifications shall apply only to Elastic Software that is installed after the “Posted Date” set forth at the top of the modified Agreement.” + + +V100620.0 +