Bencher Plus License

With regard to the Bencher Software:

This software and associated documentation files (the “Software”) may only be used in production, if you (and any entity that you represent) have agreed to, and are in compliance with, the Bencher Subscription Agreement available at https://bencher.dev/legal/subscription/ (the “Plus Agreement”), or other agreements governing the use of the Software, as mutually agreed by you and Bencher (“Bencher”), and otherwise have a valid Bencher Plus subscription (“Plus Subscription”) for the correct number of metrics as defined in the Plus Agreement (“Metrics”). Subject to the foregoing sentence, you are free to modify this Software and publish patches to the Software. You agree that Bencher and/or its licensors (as applicable) retain all right, title and interest in and to all such modifications and/or patches, and all such modifications and/or patches may only be used, copied, modified, displayed, distributed, or otherwise exploited with a valid Plus Subscription for the correct number of metrics. Notwithstanding the foregoing, you may copy and modify the Software for development and testing purposes, without requiring a subscription. You agree that Bencher and/or its licensors (as applicable) retain all right, title and interest in and to all such modifications. You are not granted any other rights beyond what is expressly stated herein. Subject to the foregoing, it is forbidden to copy, merge, publish, distribute, sublicense, and/or sell the Software.

This Plus License applies only to the part of this Software that is not distributed under the MIT or Apache 2.0 license. Any part of this Software distributed under the MIT or Apache 2.0 license or which is served client-side as an image, font, cascading stylesheet (CSS), file which produces or is compiled, arranged, augmented, or combined into client-side JavaScript, in whole or in part, is copyrighted under the MIT or Apache 2.0 license. The full text of this Plus License shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

For all third party components incorporated into the Bencher Software, those components are licensed under the original license provided by the owner of the applicable component.