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FORTH & END-USER LICENSE AGREEMENT
for the
FORTH-ICS ‘3D HAND TRACKING LIBRARY’
PLEASE READ THE FOLLOWING CAREFULLY BEFORE USING:
By using this hereby licensed to You product you expressly acknowledge and agree, on your own behalf as an individual, and on behalf of your employer or another entity which has not yet done so (collectively ‘You’ or ‘Your’), that You are entering into a legal binding license agreement with FORTH (‘FORTH’), have full authority to bind such employer or other entity with this License Agreement, and have understood and agree to comply with the terms & conditions of this License Agreement below (hereafter ‘Terms’, ‘License Agreement’). You hereby waive any applicable rights to requirements for an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable law, customs & codes of practice.
1. Scope of this License Agreement
Subject to these Terms, FORTH hereby grants to You a limited, worldwide (subject to applicable export restrictions), non-exclusive, personal, non-transferable, revocable, license to use the FORTH proprietary 3D Hand Tracking Licensed LIBRARY that was developed at and by FORTH (under the supervision of Prof. A. Argyros, at FORTH-ICS, Computational Vision and Robotics Lab) and is solely owned by FORTH and known as FORTH-ICS 3D HAND TRACKING LIBRARY’ (referred to hereafter as ‘LIBRARY’) only for ‘personal’ research and/or academic, non-profit, non-commercial use, pursuant to this License Agreement with FORTH.
2. Restrictions
a. You agree to use this Licensed LIBRARY only as permitted herein;
b. You are not allowed utilizing this Licensed LIBRARY with content/products/services that is not appropriate for viewing by a general audience or that directs users to such content/actions, which include, without limitation to, that which: (a) promote offensive, criminal, illegal content or activities; (b) violate any law, statute, order, or regulation, or; (c) violate intellectual property rights; (d) result in legal liability for FORTH; and/or (e) is considered by FORTH as unfair competition and/or prejudice to FORTH’ s legitimate rights and interests ;
c. You shall not and shall not permit third parties to: (a) integrate the Licensed LIBRARY with any products and/or services, (b) distribute the Licensed LIBRARY in any manner, (c) use or make available the Licensed LIBRARY to any person other than You, notwithstanding any applicable open source license terms or otherwise, (d) modify the Licensed LIBRARY,; or (e) change, obscure or delete any proprietary notices or legends which appear in the Licensed LIBRARY, for purposes other than as explicitly permitted herein;
d. You agree that You will not, directly or indirectly, and You shall not permit third parties to (a) decompile, disassemble or reverse engineer the LIBRARY, in whole or in part, or use, copy, reproduce, write or develop any derivative software or any other software program based upon all or any part of the LIBRARY or any confidential information of FORTH, without FORTH's express prior written consent and/or for purposes other than ‘personal use’ as herein permitted; (b) not compete directly or indirectly with FORTH in exploitation or otherwise of the LIBRARY and/or of any accompanying Hardware; and (c) not provide software maintenance, training or consulting or other expertise services in respect of the LIBRARY. In the event applicable law grants You the right to reverse engineer, You shall provide FORTH with prior written notice including information sufficient regarding Your intended method of reverse engineering, its purpose and the legal authority for such activity and shall afford FORTH a reasonable period before initiating such activity in order to evaluate and/or legally challenge the activity. You shall refrain from such activity until such time as any legal challenge is resolved in Your favor. Reverse engineering includes, without limitation, sniffing, decompiling, or otherwise deriving source code.
3. Intellectual Property Ownership
FORTH and/or its rightholders shall respect and retain at all times all rights, title and interests, including all intellectual property rights, in and to the FORTH Logos, copyright notices and Terms and conditions of permitted use, and/or (if any) other applicable open source copyright notices and license terms, as well as with respect to any and all improvements, modifications, enhancements, and derivative works (if any) thereof and/or feedback associated therewith while using this Licensed LIBRARY, that You shall refer to always and provide to FORTH. All rights not specifically granted in these Terms shall be retained by FORTH.
4. Warranties
You represent and warrant that: (a) You have the full right, power and authority to enter into these Terms and carry out Your obligations hereunder; (b) the consent to and performance of these Terms will not result in the breach or violation of any law or regulation applicable to it or any contract or commitment by which You are bound; and (c) You do not infringe any rights of a third party.
5. User Support
FORTH shall not be required to provide support of any kind with respect to the Licensed LIBRARY.
6. Disclaimer of Warranties
THE LICENSED LIBRARY, IS DEEMED ACCEPTED BY YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FORTH, ITS LICENSORS AND SUPPLIERS (if any) PROVIDE THE LICENSED SOFTWARE AND ANY (IF ANY) SUPPORT SERVICES “AS IS” AND WITHOUT LIABILITY; TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FORTH EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT AS WELL AS ANY WARRANTIES THAT THE OPERATION OF THE SOFTWARE OR DRIVERS WILL BE UNINTERRUPTED OR ERROR FREE.
7. Indemnity
You agree to indemnify and hold FORTH, concerned personnel/developers and its licensors harmless against any cost, loss, liability or expense (including attorneys' fees) arising out of any third party claims against FORTH, its personnel/developers and/or its licensors (i) relating to Your utilization of the Licensed LIBRARY and/or (ii) arising from Your actions or omissions.
8. Term
These Terms shall become effective upon Your acceptance, use of the hereby Licensed software and shall remain in effect until these terms, use of the Licensed software are terminated by FORTH. Upon termination (a) the rights and license(s) granted to You pursuant to these Terms shall automatically terminate; (b) You shall certify to FORTH that the Licensed product subject to these Terms has been removed from any equipment, network, premises, product, services or any other location or space, (c) You shall cease to use all FORTH proprietary content, product, services.
9. Survival
The provisions of Sections 2-12 shall survive the expiration or termination of these Terms for any reason whatsoever.
10. Exclusion of Incidental, Consequential and certain other Damages
To the maximum extent permitted by applicable laws, in no event shall FORTH, its personnel, directors, licensors or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the Licensed product, or otherwise under or in connection with any provision of these Terms, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of FORTH, its personnel, directors, affiliates, licensors or any supplier, and even if they or any one of them has been advised of the possibility of such damages.
11. Limitation of Liability and Remedies
Notwithstanding anything to the contrary contained herein or any damages that You might incur for any reason whatsoever, the entire and maximum liability of FORTH, its personnel, directors, affiliates, licensors and any suppliers, in aggregate for all claims made in contract, tort or otherwise in connection with the subject matter hereof, and Your exclusive remedy for all of the foregoing shall be limited to the fees actually paid by You, if any. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable laws, even if any remedy fails its essential purpose.
12. Miscellaneous
a. Governing Law; Attorneys Fees. These Terms shall be construed and controlled by the Greek Law, and You consent to the non-exclusive jurisdiction and venue of the Greek courts of Athens, provided that FORTH may seek immediate injunctive or other relief with respect to a violation of intellectual property rights or confidentiality obligations in any appropriate jurisdiction, and You waive all defenses of lack of personal jurisdiction and forum non conveniens. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY.
b. Assignment. You may not assign these Terms or any portion thereof to any third party unless FORTH expressly consents in writing.
c. No Partnership. Nothing in these Terms shall be construed to create a partnership or agency between the parties, and neither shall have authority to bind or represent itself as the agent or partner of the other.
d. Severability. If any provision of these Terms shall be held to be invalid, illegal or unenforceable, such holding shall in no way affect or impair the remaining provisions, and the parties shall use their reasonable efforts to substitute valid and enforceable provisions which have the closest meaning and purpose as those so held.
e. Entire Agreement; Variation; Waiver; Counterparts. These Terms set forth the entire understanding of the parties, which supersedes and merges all prior proposals, understandings and all other agreements oral and written between the parties relating to the subject matter herein and may not be modified except in a writing executed by both parties or in new terms posted here or notified to You. Failure of a party to enforce any of the provisions of these Terms will not be construed to be a waiver of the provision, and no waiver of any rights hereunder shall be deemed to be a waiver of the same or other right on any other occasion.
© Copyright FORTH 2012. All rights reserved.