Business Source License 1.1
Parameters
Licensor: HYPERI PTY LIMITED (ABN 31 622 581 748)
Licensed Work: The software, source code, documentation, and associated
materials in this repository. The Licensed Work is (c)
2026 HYPERI PTY LIMITED.
Additional Use Grant: You may make use of the Licensed Work, provided that
you may not use the Licensed Work for a Hosted
Service.
A "Hosted Service" is a commercial offering that
allows third parties (other than your employees and
contractors) to access the functionality of the
Licensed Work as a hosted or managed service, where
the service provides those third parties with access
to a substantial set of the features or functionality
of the Licensed Work.
Change Date: The third anniversary of the first publicly available
distribution of the specific version of the Licensed Work
under this License.
Change License: Apache License, Version 2.0
Notice
The Business Source License (this document, or the "License") is not an Open
Source license. However, the Licensed Work will eventually be made available
under an Open Source License, as stated in this License.
License text copyright (c) 2017 MariaDB Corporation Ab, All Rights Reserved.
"Business Source License" is a trademark of MariaDB Corporation Ab.
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Business Source License 1.1
Terms
The Licensor hereby grants you the right to copy, modify, create derivative
works, redistribute, and make non-production use of the Licensed Work. The
Licensor may make an Additional Use Grant, above, permitting limited
production use.
Effective on the Change Date, or the fourth anniversary of the first publicly
available distribution of a specific version of the Licensed Work under this
License, whichever comes first, the Licensor hereby grants you rights under
the terms of the Change License, and the rights granted in the paragraph
above terminate.
If your use of the Licensed Work does not comply with the requirements
currently in effect as described in this License, you must purchase a
commercial license from the Licensor, its affiliated entities, or authorized
resellers, or you must refrain from using the Licensed Work.
All copies of the original and modified Licensed Work, and derivative works
of the Licensed Work, are subject to this License. This License applies
separately for each version of the Licensed Work and the Change Date may vary
for each version of the Licensed Work released by Licensor.
You must conspicuously display this License on each original or modified copy
of the Licensed Work. If you receive the Licensed Work in original or
modified form from a third party, the terms and conditions set forth in this
License apply to your use of that work.
Any use of the Licensed Work in violation of this License will automatically
terminate your rights under this License for the current and all other
versions of the Licensed Work.
This License does not grant you any right in any trademark or logo of
Licensor or its affiliates (provided that you may use a trademark or logo of
Licensor as expressly required by this License).
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED WORK IS PROVIDED ON
AN "AS IS" BASIS. LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS,
EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION) WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND
TITLE.
MariaDB hereby grants you permission to use this License's text to license
your works, and to refer to it using the trademark "Business Source License",
as long as you comply with the Covenants of Licensor below.
Covenants of Licensor
In consideration of the right to use this License's text and the "Business
Source License" name and trademark, Licensor covenants to MariaDB, and to all
other recipients of the licensed work to be provided by Licensor:
1. To specify as the Change License the GPL Version 2.0 or any later version,
or a license that is compatible with GPL Version 2.0 or a later version,
where "compatible" means that software provided under the Change License can
be included in a program with software provided under GPL Version 2.0 or a
later version. Licensor may specify additional Change Licenses without
limitation.
2. To either: (a) specify an additional grant of rights to use that does not
impose any additional restriction on the right granted in this License, as
the Additional Use Grant; or (b) insert the text "None".
3. To specify a Change Date.
4. Not to modify this License in any other way.
=============================================================================
SUPPLEMENTARY INSTRUMENTS (operate alongside the Business Source License above)
The following Annexures are separate instruments that operate alongside, and do
not amend or form part of, the Business Source License 1.1 text above. Each is
independently severable: if any Annexure (or any provision of it) is held invalid
or unenforceable, the Business Source License above and the other Annexures
continue in full force. A separate AI training policy (AI-TRAINING-POLICY.md)
applies as its own independent instrument.
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# License Annexure -- Affiliate
**Licensor: HYPERI PTY LIMITED (ABN 31 622 581 748).**
This Annexure supplements the Business Source License 1.1 (the "License") under
which the Licensed Work is made available, and in particular clarifies the
scope of the words "third parties" and "your employees and contractors" in the
Additional Use Grant. This Annexure does not amend, and is not incorporated
into, the text of the License. It is a separate instrument that operates
alongside the License and any other Annexure. It does not impose any additional
restriction on the rights granted by the License; it only clarifies and, where
stated, extends who may exercise those rights.
---
## 1. Definitions
In this Annexure:
**"Affiliate"** of an entity means any other entity that, directly or
indirectly, Controls, is Controlled by, or is under common Control with that
entity, for so long as that Control subsists.
**"Control"** means holding, directly or indirectly, more than fifty percent
(50%) of the voting securities, voting equity interests, or other voting
ownership of an entity, or otherwise having the power to direct or cause the
direction of the management and policies of that entity, whether by contract
or otherwise.
---
## 2. Contractors and agents acting on your behalf
For the purposes of the Additional Use Grant, a contractor or agent that
accesses the functionality of the Licensed Work solely on your behalf and for
your own internal purposes, and not on its own account or for the benefit of
any third party, is treated as one of "your employees and contractors" and is
not a third party to whom a Hosted Service is provided.
---
## 3. Independent use by Affiliates is internal use
Where two or more entities that are Affiliates of one another each deploy and
operate their own instance of the Licensed Work, each for that entity's own
internal business purposes, each such entity's use is internal use and is not
the provision of a Hosted Service to a third party. Each such entity exercises
the rights granted by the License in its own right.
---
## 4. One Affiliate operating the software for others is a Hosted Service
For the avoidance of doubt, where one entity operates the Licensed Work and
provides access to its functionality to one or more of its Affiliates as a
shared or centralised hosted or managed service (rather than each Affiliate
operating its own instance for its own internal purposes), that operation is
the provision of a Hosted Service within the meaning of the Additional Use
Grant, and falls outside that Grant. A commercial license is required for that
use. See COMMERCIAL.md. (An Affiliate is a separate legal entity; the line
HyperI draws is operate-versus-benefit, not corporate relationship.)
---
## 5. Hosted-service rights are available by commercial license
Rights to operate the Licensed Work as a shared or centralised service for the
benefit of your Affiliates (intra-group hosting), and rights to operate it as a
hosted or managed service for persons or entities outside your corporate group,
are available under a commercial license from the Licensor. See COMMERCIAL.md
and contact sales@hyperi.io.
---
## 6. Relationship to the License and other Annexures
This Annexure applies alongside the License. Except for the clarifications in
clauses 2 to 5 about the internal group-use boundary and the commercial path for
hosted services, it does not otherwise enlarge, reduce or alter the rights
granted under the License (including the Additional Use Grant, the Change Date,
and conversion to the Change License). The License continues to govern the grant of rights in the
Licensed Work. Nothing in this Annexure is to be construed as a modification of
the text of the License.
---
## 7. Severability of this Annexure
If any provision of this Annexure is held to be invalid, void or unenforceable by
a court or tribunal of competent jurisdiction, that provision is severed to
the minimum extent necessary, and the remainder of this Annexure, the License,
the Additional Use Grant, and any other Annexure continue in full force and
effect. The invalidity of any provision of this Annexure does not affect the
validity or enforceability of the License, the Additional Use Grant, or any
other Annexure.
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# License Annexure -- Australia
**Licensor: HYPERI PTY LIMITED (ABN 31 622 581 748).**
This is a jurisdiction-specific Australian-law overlay. It applies only as
between the Licensor and a recipient to whom Australian law applies. It does not
amend, and is not incorporated into, the Business Source License 1.1 (the
"License") under which the Licensed Work is made available. It is not a
condition of the grant under the License or the Additional Use Grant. For
recipients to whom Australian law does not apply, the License remains the
complete default public license grant, subject only to its own terms and any
other separate instrument that applies independently.
In the event of a conflict between this Annexure and the License on a matter of
Australian law, this Annexure prevails to the extent of that conflict and only
as between the Licensor and a recipient to whom Australian law applies.
---
## 1. Australian Consumer Law -- non-excludable guarantees
Nothing in the License or this Annexure excludes, restricts or modifies any
consumer guarantee, right or remedy conferred on you by the Competition and
Consumer Act 2010 (Cth), including the Australian Consumer Law in Schedule 2
to that Act (the "ACL"), or by any other applicable law, where to do so would
contravene that law or cause any term to be void.
---
## 2. Limitation of liability where the ACL permits
To the extent the ACL applies to the supply of the Licensed Work and the
Licensed Work is not of a kind ordinarily acquired for personal, domestic or
household use or consumption, the Licensor's liability for failure to comply
with a consumer guarantee that cannot lawfully be excluded is limited, at the
Licensor's option, to:
(a) for goods: replacing the goods or supplying equivalent goods, repairing
the goods, paying the cost of replacing the goods or of acquiring
equivalent goods, or paying the cost of having the goods repaired; and
(b) for services: supplying the services again, or paying the cost of having
the services supplied again,
as permitted by section 64A of the ACL. This limitation does not apply if you
establish that it is not fair or reasonable for the Licensor to rely on it.
---
## 3. Mandatory consumer notice (where required)
Where the Licensed Work is supplied to a consumer within the meaning of the ACL
and a consumer-guarantee notice is required by the ACL or the Competition and
Consumer Regulations 2010, the applicable prescribed notice for the relevant
supply (goods, services, or goods and services) must be used.
---
## 4. Governing law and jurisdiction
This Annexure is governed by the laws of the Australian Capital Territory,
Australia. Each party submits to the non-exclusive jurisdiction of the courts
of the Australian Capital Territory and the courts entitled to hear appeals
from those courts.
Before commencing proceedings (other than for urgent interlocutory relief),
the parties will attempt in good faith to resolve any dispute by negotiation
for a period of 30 days from written notice of the dispute.
---
## 5. Relationship to the License and other Annexures
This Annexure applies only as between the Licensor and a recipient to whom
Australian law applies. It does not enlarge, reduce or alter the rights
granted under the License (including the Additional Use Grant, the Change
Date, and conversion to the Change License) for any recipient. The License
continues to govern the grant of rights in the Licensed Work.
---
## 6. Severability of this Annexure
If any provision of this Annexure is held to be invalid, void or unenforceable by
a court or tribunal of competent jurisdiction, that provision is severed to
the minimum extent necessary, and the remainder of this Annexure, the License,
the Additional Use Grant, and any other Annexure continue in full force and
effect. The invalidity of any provision of this Annexure does not affect the
validity or enforceability of the License, the Additional Use Grant, or of any
other Annexure.