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LICENSE
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MONO WIRELESS OPEN SOURCE SOFTWARE LICENSE AGREEMENT
VERSION 1, 20-JAN-2020 (MW-OSSLA-1E)
Copyright (C) 2020 Mono Wireless Inc.
This is an agreement ("Agreement") between Mono Wireless Inc. ("Licensor")
and Customer ("Licensee"), who is being licensed to use open source software
products ("Licensed Products").
1. DIFINITIONS
1-1 "Licensed Products" means a set provided by Licensor as source code,
library, script file, utility, manual and others.
1-2 "Intellectual Property Right" means all rights in and to any copyright,
patent or any such application, trademark, know-hows, trade secrets and all
other rights and their legal fruits, resulting from intellectual activity.
2. INTELLECTUAL PROPERTY RIGHTS
All Intellectual Property Rights over and in respect of Licensed Products
are owned by Licensor. The Licensee does not acquire any rights of ownership
in Licensed Products.
3. LICENSE
Subject to all of the terms and conditions of this Agreement, Licensor
grants to the Licensee non-exclusive, royalty-free license under following
conditions.
(1) To use Licensed Products in the system using any microcomputer devices.
(2) To build and run the source code (including 3(3)) of Licensed Products
on any microcomputer devices.
(3) To modify, change, translate, adapt or create derivative works to all or
part of the source code of Licensed Products.
(4) To reproduce and distribute for non-commercial purposes the source code
(including 3(3)) of Licensed Products along with the copy of this
Agreement.
(5) To reproduce and distribute for non-commercial purposes the source code
(including 3(3)) of Licensed Products along with the copy of Mono
Wireless Software License Agreement(MW-SLA).
4. SUCCESSION OF LICENSE CONDITION
If Licensee distributes the source code under 3(3) and (4), the entire
license must be granted in accordance with the terms and condition of this
Agreement.
5. DISCLAIMER
5-1 LICENSOR, EXCEPT AS EXPRESSLY SET FORTH IN A SEPARATE AGREEMENT, SHALL
PROVIDE LICENSED PRODUCTS IN THE "AS IS". LICENSOR SHALL NOT GUARANTEE THAT
THE QUALITY AND FUNCTIONALITY OF THIS PRODUCT IS TO CONFIRM TO THE LICENSEE
OF THE INTENDED USE, OPERATES WITHOUT INTERRUPTION, ERROR OR INFRINGES ANY
INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTIES AND THAT THERE IS NO BUGS
AND PROBLEMS. LICENSOR SHALL NOT ASSUME ANY WARRANTY TO LICENSED PRODUCTS.
5-2 LICENSOR SHALL NOT BE LIABLE AGAINST DIRECT, INDIRECT, CONSEQUENTIAL,
ACCIDENTAL OR ANY DAMAGE THAT WAS ARISEN FROM THE NON-USE OR THE USE OF
LICENSED PRODUCTS EVEN IF LICENSOR HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. IN THE EVENT THAT THE LICENSOR WAS SUPPOSED TO BEAR THE
LIABILITY FOR DAMAGES, BY ANY REASON, SHALL BE UPPER LIMITED TO THE AMOUNT
LICENSEE ACTUALLY PAID FOR LICENSED PRODUCTS.
6. RESTRICTION OF THE LICENSE
Licensee shall not impose any further restrictions on the licensees'
exercise of the rights granted herein.
7. VALIDITY PERIOD
Unless the period is specified separately or the licensor is cancelled in
accordance with the provisions of the Agreement, the validity period shall
be defined between start date to use Licensed Products, and terminate date
to use Licensed Products.
8. CANCELLATION
8-1 In the event that Licensee breaches any of the provisions of this
Agreement, Licensor shall have the right to cancel this Agreement. In this
case, Licensee shall not be able to use Licensed Products.
8-2 The Licensee shall have the right to cancel this Agreement by dispose
Licensed Products.
8-3 Upon termination or cancellation of this Agreement, Licensee shall
return to Licensor or destroy Licensed Products.
9. COMPLIANCE FOR EXPORTATION
Licensee shall not attempt to ship, transfer, or re-export Licensed Product
to other countries that are prohibited in the laws of Japan and shall comply
with the law on the export of Japan. If the Licensee has exported or used
Licensed Products to the outside of Japan, Licensee shall bear all the
responsibilities arising from the act.
10. GENERAL PROVISIONS
10-1 This Agreement shall constitute the entire agreement between the
parties with respect to any and all subjects and shall supersede all
previous negotiations, understandings and agreements the parties thereto.
10-2 This Agreement is executed in Japanese edition, and all correspondence
between the parties shall be in Japanese. In case, there are contradictions
between Japanese Agreement and English Translation, Japanese agreement will
be applied.
10-3 This Agreement shall be governed by and construed in accordance with
the laws of Japan.
10-4 The parties agree that any disputes arising out of this Agreement shall
be brought to before the Yokohama District Court of Japan for the first
instance.
EOL