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The OctoMY project is copyright © 2016-2018, Lennart Rolland
World wide, All rights reserved.
This license is the default license that applies to all files in the project
unless additional file-spesific licenses are added, in which case those
licenses will override this license.
In general, this work is distributed under a dual license. The main license is LGPL v3
while a secondary comercial license may be granted in written agreement.
OctoMY comercial license follows
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This Enterprise License Agreement (“Agreement”) is a legal agreement between
The OctoMY project (as defined below) and the Licensee (as defined below) for the
license of Licensed Software (as defined below). Capitalized terms used herein
are defined in Section 1.
WHEREAS:
(A) Licensee wishes to use the Licensed Software for the purpose of developing
and distributing Applications and/or Devices; and
(B) The OctoMY project is willing to grant the Licensee a right to use Licensed
Software for such purpose pursuant to term and conditions of this Agreement.
NOW, THEREFORE, THE PARTIES HEREBY AGREE AS FOLLOWS:
1. DEFINITIONS
"Affiliate" of a Party shall mean an entity (i) which is directly or indirectly
controlling such Party; (ii) which is under the same direct or indirect
ownership or control as such Party; or (iii) which is directly or indirectly
owned or controlled by such Party. For these purposes, an entity shall be
treated as being controlled by another if that other entity has fifty percent
(50 %) or more of the votes in such entity, is able to direct its affairs and/or
to control the composition of its board of directors or equivalent body.
“Applications” shall mean Licensee's software products created using the
Licensed Software, which may include the Redistributables, or part thereof.
"Contractor(s)" shall mean third party consultants, distributors and contractors
performing services to a Party under applicable contractual arrangement.
"Customer(s)" shall mean Licensee's end users to whom Licensee, directly or
indirectly, distributes copies of the Redistributables.
"Deployment Platforms" shall mean operating systems specified in the License
Certificate, in which the Redistributables can be distributed pursuant to the
terms and conditions of this Agreement.
"Designated User(s)" shall mean the employee(s) of Licensee or Licensee's
Affiliates acting within the scope of their employment or Licensee's Contractors
acting within the scope of their services for Licensee and on behalf of
Licensee. Designated Users shall be named in the License Certificate.
"Development License" shall mean the license needed by the Licensee for each
Designated User to use the Licensed Software under the license grant described
in Section 3.1 of this Agreement.
"Development Platforms" shall mean those operating systems specified in the
License Certificate, in which the Licensed Software can be used under the
Development License, but not distributed in any form or used for any other
purpose.
"Devices" shall mean hardware devices or products that 1) are manufactured
and/or distributed by the Licensee or its Affiliates or Contractors, and (2)(i)
incorporate or integrate the Redistributables or parts thereof; or (ii) do not
incorporate or integrate the Redistributables at the time of distribution, but
where, when used by a Customer, the main user interface or substantial
functionality of such device is provided by Application(s) or otherwise depends
on the Licensed Software.
"Distribution License(s)" shall mean the license required for distribution of
Redistributables in accordance with the license grant described in Section
3.2(ii)-(iii) of this Agreement.
"Distribution License Packs" shall mean set of prepaid Distribution Licenses for
distribution of Redistributables, as defined in The OctoMY project's standard price
list, quote, Purchase Order confirmation or in an appendix hereto, as the case
may be.
"Initial Support Term" shall mean a time period of twelve (12) months,
calculated from the end of the Start- For-Free Term.
"Intellectual Property Rights" shall mean patents (including utility models),
design patents, and designs (whether or not capable of registration), chip
topography rights and other like protection, copyrights, trademarks, service
marks, trade names, logos or other words or symbols and any other form of
statutory protection of any kind and applications for any of the foregoing as
well as any trade secrets.
"Licensee" shall mean the individual or legal entity that is party to this
Agreement by accepting the terms hereof online in connection with installing the
Licensed Software.
"License Certificate" shall mean a certificate accompanying the Licensed
Software and generated for each Designated User respectively. License
Certificate will specify the Designated User, the Development Platforms,
Deployment Platforms and the Term of this Agreement. The terms of the License
Certificate are considered part of this Agreement and shall be updated from time
to time to reflect any changes to the foregoing terms relating to Licensee's
rights to the Licensed Software.
“Licensee’s Records” shall mean books and records that are likely to contain
information bearing on Licensee’s compliance with this Agreement or the
payments due to The OctoMY project under this Agreement, including, but not limited
to: assembly logs, sales records and distribution records.
“License Fee” shall mean the fee charged to the Licensee for rights granted
under the terms of this Agreement.
"Licensed Software" shall mean all versions of The OctoMY project's computer
software products, online or electronic documentation, associated media and
printed materials, including the source code, example programs and the
documentation, licensed to the Licensee under this Agreement. Licensed Software
does not include Third Party Software (as defined in Section 4) or Open Source
OctoMY.
"Modified Software" shall mean bug-fixes, error corrections, patches or
modifications made to the Licensed Software by Licensee, including documentation
related thereto.
"Online Services" shall mean any services or access to systems made available by
The OctoMY project to the Licensee over the Internet relating to the Licensed
Software or for the purpose of use by the Licensee of the Licensed Software or
Support. Use of any such Online Services is discretionary for the Licensee and
some of them may be subject to additional fees.
"Open Source OctoMY" shall mean all versions of The OctoMY project's OctoMY computer
software products, online or electronic documentation, associated media and
printed materials, including the source code, example programs and the
documentation available under the terms of the GNU Lesser General Public
License, version 2.1 or later ("LGPL") or the GNU General Public License,
version 2.0 or later ("GPL").
"Party" or "Parties" shall mean Licensee and/or The OctoMY project.
"Redistributables" shall mean the portions of the Licensed Software set forth in
Appendix 1, Section 1 that may be distributed pursuant to the terms of this
Agreement in object code form only, including any relevant documentation. Where
relevant, any reference to Licensed Software in this Agreement shall include and
refer also to Redistributables.
"Start-For-Free Term" shall mean the period of 30 days, or any such shorter
period as specified by The OctoMY project, calculated from the date the Licensed
Software was initially delivered to the Licensee by The OctoMY project.
"Submitted Modified Software" shall have the meaning as set forth in Section
2.3.
"Support" shall mean standard developer support that is provided by The OctoMY project
to assist Designated Users in using the Licensed Software in accordance
with The OctoMY project's standard support terms.
“Support Renewal Term” shall mean a time period of twelve (12) months, or any
such other time period as agreed between the Parties, calculated from the end
of the Initial Support Term or previous Support Renewal Term, as applicable.
"Support Term" shall mean the Initial Support Term and any possible Support
Renewal Terms(s) during which time the Licensee is eligible to receive for
Support for the Licensed Software.
"Taxes" shall have the meaning set forth in Section 10.5.
"Term" shall mean the validity period of this Agreement, as set forth in the
License Certificate.
"Updates" shall mean a release or version of the Licensed Software containing
bug fixes, error corrections and other changes that are generally made available
to users of the Licensed Software that have contracted for Support. Updates are
generally depicted as a change to the digits following the decimal in the
Licensed Software version number. The OctoMY project shall make Updates available to
the Licensee under the Support. Updates shall be considered as part of the
Licensed Software hereunder.
“The OctoMY project” shall mean:
(i) Lennart Rolland
"Upgrades" shall mean a release or version of the Licensed Software containing
enhancements and new features and are generally depicted as a change to the
first digit of the Licensed Software version number. In the event Upgrades are
provided to the Licensee under this Agreement, they shall be considered as part
of the Licensed Software hereunder.
2. OWNERSHIP
2.1 Ownership of The OctoMY project
The Licensed Software is protected by copyright laws and international copyright
treaties, as well as other intellectual property laws and treaties. The Licensed
Software is licensed, not sold.
All The OctoMY project's Intellectual Property Rights are and shall remain the
exclusive property of The OctoMY project or its licensors respectively.
2.2 Ownership of Licensee
All the Licensee's Intellectual Property Rights are and shall remain the
exclusive property of the Licensee or its licensors respectively.
All Intellectual Property Rights to the Modified Software, Applications and
Devices shall remain with the Licensee and no rights thereto shall be granted by
the Licensee to The OctoMY project under this Agreement (except as set forth in
Section 2.3 below).
2.3 Modified Software
Licensee may create Modified Software that breaks the source or binary
compatibility with the Licensed Software. This includes, but is not limited to,
changing the application programming interfaces ("API") by adding, changing or
deleting any variable, method, or class signature in the Licensed Software
and/or any inter-process protocols, services or standards in the Licensed
Software libraries. To the extent that Licensee breaks source or binary
compatibility with the Licensed Software, Licensee acknowledges that The OctoMY project's
ability to provide Support may be prevented or limited and Licensee's
ability to make use of Updates may be restricted.
To the extent Licensee submits Modified Software to The OctoMY project (“Submitted
Modified Software”), Licensee hereby grants The OctoMY project a sublicensable,
assignable, irrevocable, perpetual, worldwide, non-exclusive, royalty-free and
fully paid-up license, under all of Licensee’s Intellectual Property Rights, to
reproduce, adapt, translate, modify, and prepare derivative works of, publicly
display, publicly perform, sublicense, make available and distribute such
Submitted Modified Software as The OctoMY project sees fit at its free and absolute
discretion. For the sake of clarity, the Licensee shall have no obligation to
provide Modified Software to The OctoMY project.
3. LICENSES GRANTED
3.1 Development with Licensed Software
Subject to the terms of this Agreement, The OctoMY project grants to Licensee a
personal, worldwide, non- exclusive, non-transferable license, valid for the
Term, to use, modify and copy the Licensed Software by Designated Users on the
Development Platforms for the sole purposes of designing, developing,
demonstrating and testing Application(s) and/or Devices, and to provide thereto
related support and other services to end-user Customers.
Licensee may install copies of the Licensed Software on an unlimited number of
computers provided that (i) only the Designated Users may use the Licensed
Software, and (ii) all Designated Users must have a valid Development License to
use Licensed Software.
Licensee may at any time designate another Designated User to replace a
then-current Designated User by notifying The OctoMY project in writing, provided
that any Designated User may be replaced only once during any six-month period.
3.2 Distribution of Redistributables
Subject to the terms of this Agreement, The OctoMY project grants to Licensee a
personal, worldwide, non- exclusive, non-transferable license, valid for the
Term (excluding the Start-For-Free Term), to (i) distribute, by itself or
through its Contractors, Redistributables as installed, incorporated or
integrated into Applications for execution on the Deployment Platforms, and (ii)
distribute, by itself or through one or more tiers of Contractors,
Redistributables as installed, incorporated or integrated, or intended to be
installed, incorporated or integrated into Devices for execution on the
Deployment Platforms, and (iii) grant sublicenses to Redistributables, as
distributed hereunder, for Customers solely for Customer's internal use and to
the extent necessary in order for the Customers to use the Applications and/or
Devices for their respective intended purposes.
Right to distribute the Redistributables as provided herein is conditional upon
the Licensee having purchased and paid the appropriate amount of Development and
Distribution Licenses from The OctoMY project before distributing any
Redistributables to Customers.
For the avoidance of any doubt it is specifically acknowledged and agreed that
distribution of Redistributables solely as installed, incorporated or integrated
into Applications for execution on the Deployment Platform(s), as specified in
(i) of the first paragraph of Section 3.2 above, i.e. with no connection to
Devices or intention to use in connection therewith, shall not require a
Distribution License.
3.3 Further Requirements
The licenses granted above in this Section 3 by The OctoMY project to Licensee are
conditional and subject to Licensee's compliance with the following terms:
(i) Licensee shall not remove or alter any copyright, trademark or other
proprietary rights notice contained in any portion of the Licensed Software;
(ii) Applications must add primary and substantial functionality to the Licensed
Software;
(iii) Applications may not pass on functionality which in any way makes it
possible for others to create software with the Licensed Software; provided
however that Licensee may use the Licensed Software's scripting and QML ("Qt
Quick") functionality solely in order to enable scripting, themes and styles
that augment the functionality and appearance of the Application(s) without
adding primary and substantial functionality to the Application(s);
(iv) Applications must not compete with the Licensed Software;
(v) Licensee shall not use The OctoMY project's or any of its suppliers' names,
logos, or trademarks to market Applications, except that Licensee may use "Built
with OctoMY" logo to indicate that Application(s) was developed using the Licensed
Software;
(vi) Licensee shall not distribute, sublicense or disclose source code of
Licensed Software to any third party (provided however that Licensee may appoint
employee(s) of Contractors as Designated Users to use Licensed Software pursuant
to this Agreement). Such right may be available for the Licensee subject to a
separate software development kit ("SDK") license agreement to be concluded with
The OctoMY project;
(vii) Licensee shall not grant the Customers a right to (i) make copies of the
Redistributables except when and to the extent required to use the Applications
and/or Devices for their intended purpose, (ii) modify the Redistributables or
create derivative works thereof, (iii) decompile, disassemble or otherwise
reverse engineer Redistributables, or (iv) redistribute any copy or portion of
the Redistributables to any third party, except as part of the onward sale of
the Device on which the Redistributables are installed;
(viii) Licensee shall not and shall cause that its Affiliates or Contractors
shall not a) in any way combine, incorporate or integrate Licensed Software with,
or use Licensed Software for creation of, any software created with or
incorporating Open Source OctoMY, or b) incorporate or integrate Applications into
a hardware device or product other than a Device, unless Licensee has received
an advance written permission from The OctoMY project to do so. Absent such written
permission, any and all distribution by the Licensee during the Term of a
hardware device or product a) which incorporate or integrate any part of Licensed
Software or Open Source OctoMY; or b) where the main user interface or substantial
functionality is provided by software build with Licensed Software or Open
Source OctoMY or otherwise depends on the Licensed Software or Open Source OctoMY, shall
be considered as distribution under this Agreement and dependent on compliance
thereof (including but not limited to obligation to pay applicable License Fees
for such distribution);
(ix) Licensee shall cause all of its Affiliates and Contractors entitled to make
use of the licenses granted under this Agreement, to be contractually bound to
comply with the relevant terms of this Agreement and not to use the Licensed
Software beyond the terms hereof and for any purposes other than operating
within the scope of their services for Licensee. Licensee shall be responsible
for any and all actions and omissions of its Affiliates and Contractors relating
to the Licensed Software and use thereof (including but not limited to payment
of all applicable License Fees);
(x) Except when and to the extent explicitly provided in this Section 3,
Licensee shall not transfer, publish, disclose, display or otherwise make
available the Licensed Software;
(xi) Licensee shall not take any action inconsistent with The OctoMY project's
Intellectual Property Rights; and
(xii) Attempt or enlist a third party to conduct or attempt to conduct any of
the above.
Above terms shall not be applicable if and to the extent they conflict with any
mandatory provisions of any applicable laws.
Any use of Licensed Software beyond the provisions of this Agreement is strictly
prohibited and requires an additional license from The OctoMY project.
4. THIRD PARTY SOFTWARE
The Licensed Software may provide links to third party libraries or code
(collectively "Third Party Software") to implement various functions. Third
Party Software does not comprise part of the Licensed Software. In some cases,
access to Third Party Software may be included in the Licensed Software. Such
Third Party Software will be listed in the ".../src/3rdparty" source tree
delivered with the Licensed Software or documented in the Licensed Software, as
such may be amended from time to time. Licensee acknowledges that use or
distribution of Third Party Software is in all respects subject to applicable
license terms of applicable third party right holders.
5. PRE-RELEASE CODE
The Licensed Software may contain pre-release code and functionality marked or
otherwise stated as “Technology Preview”, “Alpha”, “Beta” or similar
designation. Such pre-release code may be present in order to provide
experimental support for new platforms or preliminary versions of one or more
new functionalities. The pre-release code may not be at the level of
performance and compatibility of a final, generally available, product
offering of the Licensed Software. The pre-release parts of the Licensed
Software may not operate correctly, may contain errors and may be substantially
modified by The OctoMY project prior to the first commercial product release, if
any. The OctoMY project is under no obligation to make pre-release code
commercially available, or provide any Support or Updates relating thereto.
The OctoMY project assumes no liability whatsoever regarding any pre-release code,
but any use thereof is exclusively at Licensee’s own risk and expense.
6. LIMITED WARRANTY AND WARRANTY DISCLAIMER
The OctoMY project hereby represents and warrants that it has the power and
authority to grant the rights and licenses granted to Licensee under this
Agreement.
Except as set forth above, the Licensed Software is licensed to Licensee "as
is".
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE OCTOMY PROJECT ON BEHALF OF
ITSELF AND ITS LICENSORS, SUPPLIERS AND AFFILIATES, DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT
WITH REGARD TO THE LICENSED SOFTWARE. THE OCTOMY PROJECT DOES NOT WARRANT THAT THE
LICENSED SOFTWARE WILL SATISFY LICENSEE'S REQUIREMENTS OR THAT IT WILL OPERATE
WITHOUT DEFECT OR ERROR OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED. ALL
USE OF AND RELIANCE ON THE LICENSED SOFTWARE IS AT THE SOLE RISK OF AND
RESPONSIBILITY OF LICENSEE.
Licensee's exclusive remedy and The OctoMY project's entire liability for Licensed
Software shall be limited, at The OctoMY project's option, to correction of the
error, replacement of the Licensed Software or return of the applicable fees
paid for the defective Licensed Software for the time period during which the
License is not able to utilize the Licensed Software under the terms of this
Agreement.
7. INDEMNIFICATION AND LIMITATION OF LIABILITY
7.1 Limitation of Liability
EXCEPT FOR (I) CASES OF GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT, (II)
LICENSEE'S DUTY TO PAY ALL APPLICABLE LICENSE FEES AND COMPENSATIONS, AND (III)
BREACH OF CONFIDENTIALITY, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY LOSS OF PROFIT,
LOSS OF DATA, LOSS OF BUSINESS OR GOODWILL OR ANY OTHER INDIRECT, SPECIAL,
CONSEQUENTIAL, INCIDENTAL OR PUNITIVE COST, DAMAGES OR EXPENSE OF ANY KIND,
HOWSOEVER ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT.
EXCEPT FOR (I) CASES OF GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT, (II)
LICENSEE'S DUTY TO PAY ALL APPLICABLE LICENSE FEES AND COMPENSATIONS, AND (III)
BREACH OF CONFIDENTIALITY, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT SHALL EITHER PARTY'S TOTAL AGGREGATE LIABILITY UNDER THIS AGREEMENT EXCEED
THE AGGREGATE LICENSE FEES RECEIVED BY THE OCTOMY PROJECT FROM LICENSEE DURING THE
PERIOD OF TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT RESULTING IN SUCH
LIABILITY.
THE PROVISIONS OF THIS SECTION 7 ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN
THE OCTOMY PROJECT AND LICENSEE AND THE PARTIES HAVE RELIED UPON THE LIMITATIONS SET
FORTH HEREIN IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT.
7.2 Licensee´s Indemnification Licensee shall indemnify and hold harmless The
OctoMY project from and against any claim, injury, judgment, settlement, loss or
expense, including attorneys' fees related to: (a) Licensee's misrepresentation
in connection with The OctoMY project or the Licensed Software or breach of this
Agreement, (b) the Application or Device (except where such cause of liability
is solely attributable to the Licensed Software).
8. SUPPORT, UPDATES AND ONLINE SERVICES
Licensee will be eligible to receive Support and Updates and to use the Online
Services during the Support Term. Unless otherwise decided by The Company at its
free and absolute discretion, Upgrades will not be included in the Support but
may be available subject to additional fees.
Licenses granted under this Agreement shall include a prepaid Initial Support
Term.
Initial Support Term shall be automatically extended to one or more Renewal
Term(s), unless and until either Party notifies the other Party in writing that
it does not wish to continue the Support, such notification to be provided to
the other Party no less than ninety (90) days before expiry of the Initial
Support Term or respective Renewal Term. During any such Extended Term Support
shall be available subject to prices and terms agreed between the Parties or, if
no advance agreement exists, subject to The OctoMY project's standard pricing
applicable at the commencement date of any such Support Renewal Term. From time
to time The OctoMY project may change support provided within each Support plan;
provided that during the respective Initial Support Term or Support Renewal Term
(as the case may be), the level of support provided by The OctoMY project may not be
reduced without the consent of the Licensee.
Unless otherwise agreed, The OctoMY project shall not be responsible for providing
any service or support to the Customers.
9. CONFIDENTIALITY
Each Party acknowledges that during the Term of this Agreement each Party may
receive information about the other Party's business, business methods, business
plans, customers, business relations, technology, and other information,
including the terms of this Agreement, that is confidential and of great value
to the other Party, and the value of which would be significantly reduced if
disclosed to third parties ("Confidential Information"). Accordingly, when a
Party (the "Receiving Party") receives Confidential Information from the other
Party (the "Disclosing Party"), the Receiving Party shall only disclose such
information to employees and Contractors on a need to know basis, and shall
cause its employees and employees of its Affiliates to: (i) maintain any and all
Confidential Information in confidence; (ii) not disclose the Confidential
Information to a third party without the Disclosing Party's prior written
approval; and (iii) not, directly or indirectly, use the Confidential
Information for any purpose other than for exercising its rights and fulfilling
its responsibilities pursuant to this Agreement. Each Party shall take
reasonable measures to protect the Confidential Information of the other Party,
which measures shall not be less than the measures taken by such Party to
protect its own confidential and proprietary information.
Obligation of confidentiality shall not apply to information that (i) is or
becomes generally known to the public through no act or omission of the
Receiving Party; (ii) was in the Receiving Party's lawful possession prior to
the disclosure hereunder and was not subject to limitations on disclosure or
use; (iii) is developed independently by employees or Contractors of the
Receiving Party or other persons working for the Receiving Party who have not
had access to the Confidential Information of the Disclosing Party, as proven by
the written records of the Receiving Party; (iv) is lawfully disclosed to the
Receiving Party without restrictions, by a third party not under an obligation
of confidentiality; or (v) the Receiving Party is legally compelled to disclose,
in which case the Receiving Party shall notify the Disclosing Party of such
compelled disclosure and assert the privileged and confidential nature of the
information and cooperate fully with the Disclosing Party to limit the scope of
disclosure and the dissemination of disclosed Confidential Information to the
minimum extent necessary.
The obligations under this Section 9 shall continue to remain in force for a
period of five (5) years after the last disclosure, and, with respect to trade
secrets, for so long as such trade secrets are protected under applicable trade
secret laws.
10. FEES, DELIVERY AND PAYMENT
10.1 License Fees
License Fees are described in The OctoMY project's standard price list, quote or
Purchase Order confirmation or in an appendix hereto, as the case may be. The
License Fees shall not be refunded or claimed as a credit, even on the ground
that Distribution Licenses are not used, i.e. Redistributables are not actually
distributed corresponding to the Distribution Licenses purchased, or for any
other reason.
10.2 Ordering Licenses
Licensee may purchase Development Licenses and Distribution Licenses pursuant to
agreed pricing terms or, if no specific pricing terms have been agreed upon, at
The OctoMY project's standard pricing terms applicable at the time of purchase.
Licensee shall submit all purchase orders for Development Licenses and
Distribution Licenses to The OctoMY project by email or any other method acceptable
to The OctoMY project (each such order is referred to herein as a "Purchase Order")
for confirmation, whereupon the Purchase Order shall become binding between the
Parties.
10.3 Distribution License Packs
Unless otherwise agreed, the Distribution Licenses are bought by way of
Distribution License Packs. Upon due payment of the ordered Distribution License
Pack(s), the Licensee will have an account of Distribution Licenses available
for installing, bundling or integrating (all jointly "installing") the
Redistributables with the Devices or for otherwise distributing the
Redistributables in accordance with this Agreement. Each time Licensee
"installs" or distributes a copy of Redistributables, then one Distribution
License is used, and Licensee's account of available Distribution Licenses is
decreased accordingly. Licensee may "install" copies of the Redistributables so
long as Licensee has Distribution Licenses remaining on its account.
Redistributables will be deemed to have been "installed" into a Device when one
of the following circumstances shall have occurred: a) the Redistributables have
been loaded onto the Device and used outside of the Licensee's premises or b)
the Device has been fully tested and placed into Licensee's inventory (or sold)
for the first time (i.e., Licensee will not be required to use (or pay for) more
than one Distribution License for each individual Device, e.g. in a situation
where a Device is returned to Licensee's inventory after delivery to a
distributor or sale to a Customer). In addition, if Licensee includes a back-up
copy of the Redistributables on a CD-ROM or other storage medium along with the
product, that backup copy of the Redistributables will not be deemed to have
been "installed" and will not require an additional Distribution License.
10.4 Payment Terms
License Fees and any other charges under this Agreement shall be paid by
Licensee no later than thirty (30) days from the date of the applicable invoice
from The OctoMY project. The OctoMY project will submit an invoice to Licensee after
the effective date of this Agreement and/or after The OctoMY project receives a
Purchase Order from Licensee. A late payment charge of the lower of (a) one
percent per month; or (b) the interest rate stipulated by applicable law,
shall be charged on any unpaid balances that remain past due. The OctoMY project
shall have the right to suspend, terminate or withhold grants of all rights to
the Licensed Software hereunder, including but not limited to the Developer
License, Distribution License, and Support, should Licensee fail to make
payment in a timely fashion.
10.5 Taxes
All License Fees and other charges payable hereunder are gross amounts but
exclusive of any value added tax, use tax, sales tax and other taxes, duties or
tariffs ("Taxes"). Such applicable Taxes shall be paid by Licensee, or, where
applicable, in lieu of payment of such Taxes, Licensee shall provide an
exemption certificate to The OctoMY project and any applicable authority.
11 RECORD-KEEPING AND REPORTING OBLIGATIONS; AUDIT RIGHTS
11.1 Licensee's Record-keeping
Licensee shall at all times maintain accurate and up-to-date written records of
Licensee's activities related to the use of Licensed Software and distribution
of Redistributables. The records shall be adequate to determine Licensee's
compliance with the provisions of this Agreement and to demonstrate the number
of Designated Users and Redistributables distributed by Licensee. The records
shall conform to good accounting practices reasonably acceptable to The OctoMY project.
Licensee shall, within thirty (30) days from the end of each calendar
quarter, deliver to The OctoMY project a report detailing the number of Designated
Users and copies of Redistributables distributed by Licensee during that
calendar quarter, and also detailing the number of undistributed copies of
Redistributables made by Licensee and remaining in its account (i.e.,
undistributed copies for which Distribution Licenses have been or need to be
obtained from The OctoMY project). Such report shall contain such other information
as The OctoMY project shall reasonably require from time to time.
11.2. The OctoMY project's Audit Rights
The OctoMY project or an independent auditor acting on behalf of The OctoMY project's,
may, upon at least five (5) business days' prior written notice and at its
expense, audit Licensee with respect to the use of the Redistributables, but not
more frequently than once during each 6-month period. Such audit may be
conducted by mail, electronic means or through an in-person visit to Licensee's
place of business. Any such in-person audit shall be conducted during regular
business hours at Licensee's facilities and shall not unreasonably interfere
with Licensee's business activities. The OctoMY project or the independent auditor
acting on behalf of The OctoMY project shall be entitled to inspect Licensee's
Records. All such Licensee's Records and use thereof shall be subject to an
obligation of confidentiality under this Agreement. If an audit reveals that
Licensee is using the Licensed Software beyond scope of the licenses Licensee
has paid for, Licensee agrees to immediately pay The OctoMY project any amounts owed
for such unauthorized use. In addition, in the event the audit reveals a
material violation of the terms of this Agreement (underpayment of more than 5%
of License Fees shall always be deemed a material violation for purposes of this
section), then the Licensee shall pay The OctoMY project's reasonable cost of
conducting such audit.
12 TERM AND TERMINATION
12.1 Term
This Agreement shall enter into force upon due acceptance by the Licensee and
remain in force for the Term, unless and until terminated pursuant to the terms
of this Section 12.
12.2 Termination by The OctoMY project
The OctoMY project shall have the right to terminate this Agreement upon thirty (30)
days prior written notice if (i) the Licensee is in material breach of any
obligation of this Agreement and fails to remedy such breach within such notice
period; (ii) or Licensee or any of its Affiliates bring a suit before any court
or administrative agency or otherwise assert a claim against The OctoMY project's or
any of its Affiliates' Intellectual Property Rights or validity thereof.
12.3 Mutual Right to Terminate
Either Party shall have the right to terminate this Agreement immediately upon
written notice in the event that the other Party becomes insolvent, files for
any form of bankruptcy, makes any assignment for the benefit of creditors, has a
receiver, administrative receiver or officer appointed over the whole or a
substantial part of its assets, ceases to conduct business, or an act equivalent
to any of the above occurs under the laws of the jurisdiction of the other
Party.
12.4 Parties´ Rights and Duties upon Termination
Upon expiry or termination of the Agreement for any reason, Licensee shall,
within 30 days after such termination, cease and shall cause all Designated
Users (including those of its Affiliates' and Contractors') to cease using the
Licensed Software and distribution of the Redistributables under this Agreement.
Notwithstanding the above, in the event the Agreement expires or is terminated
for reason other than by The OctoMY project pursuant to Section 12.2, the Licensee
is entitled, for a period of six (6) months after the effective date of
termination, to continue distribution of Devices under the Distribution Licenses
paid but unused at such effective date of termination. Upon any such termination
the Licensee shall destroy or return to The OctoMY project all copies of the
Licensed Software and all related materials and will certify the same to The OctoMY project
upon its request, provided however that Licensee may retain and exploit
such copies of the Licensed Software as it may reasonably require in providing
continued support to Customers. Expiry or termination of this Agreement for any
reason whatsoever shall not relieve Licensee of its obligation to pay any
License Fees accrued or payable to The OctoMY project prior to the effective date of
termination, and Licensee shall immediately pay to The OctoMY project all such fees
upon the effective date of termination. Termination of this Agreement shall not
affect any rights of Customers to continue use of Applications and Devices (and
therein incorporated Redistributables).
13. GOVERNING LAW AND LEGAL VENUE
This Agreement shall be construed and interpreted in accordance with the
laws of Norway, excluding its choice of law provisions;
The United Nations Convention on Contracts for the International Sale of
Goods will not apply to this Agreement.
Any disputes, controversy or claim arising out of or relating to this
Agreement, or the breach, termination or validity thereof shall be shall be
finally settled by arbitration in accordance with the Arbitration Rules of
Norway Chamber of Commerce. The arbitration tribunal shall consist of one (1),
or if either Party so requires, of three (3), arbitrators. The award shall be
final and binding and enforceable in any court of competent jurisdiction. The
arbitration shall be held in Bergen, Norway and the process shall be
conducted in the English language. This Section shall not preclude parties from
seeking provisional remedies in aid of arbitration from a court of appropriate
jurisdiction.
14. GENERAL PROVISIONS
14.1 No Assignment
Licensee shall not be entitled to assign or transfer all or any of its rights,
benefits and obligations under this Agreement without the prior written consent
of The OctoMY project, which shall not be unreasonably withheld or delayed. The OctoMY project shall be entitled to freely assign or transfer any of its rights,
benefits or obligations under this Agreement.
14.2 No Third Party Representations
Licensee shall make no representations or warranties concerning the Licensed
Software on behalf of The OctoMY project. Any representation or warranty Licensee
makes or purports to make on The OctoMY project's behalf shall be void as to The OctoMY project.
14.3 Surviving Sections
Any terms and conditions that by their nature or otherwise reasonably should
survive termination of this Agreement shall so be deemed to survive.
14.4 Entire Agreement
This Agreement, the exhibits hereto, the License Certificate and any applicable
Purchase Order constitute the complete agreement between the Parties and
supersedes all prior or contemporaneous discussions, representations, and
proposals, written or oral, with respect to the subject matters discussed
herein. In the event of any conflict or inconsistency between this Agreement and
any Purchase Order, the terms of this Agreement will prevail over the terms of
the Purchase Order with respect to such conflict or inconsistency.
14.5 Modifications
No modification of this Agreement shall be effective unless contained in a
writing executed by an authorized representative of each Party. No term or
condition contained in Licensee's Purchase Order shall apply unless expressly
accepted by The OctoMY project in writing. If any provision of the Agreement is
found void or unenforceable, the remainder shall remain valid and enforceable
according to its terms. If any remedy provided is determined to have failed for
its essential purpose, all limitations of liability and exclusions of damages
set forth in this Agreement shall remain in effect.
14.6 Force Majeure
Except for the payment obligations hereunder, neither Party shall be liable to
the other for any delay or non-performance of its obligations hereunder in the
event and to the extent that such delay or non- performance is due to an event
of act of God, terrorist attack or other similar unforeseeable catastrophic
event that prevents either Party for fulfilling its obligations under this
Agreement and which such Party cannot avoid or circumvent ("Force Majeure
Event"). If the Force Majeure Event results in a delay or non- performance of a
Party for a period of three (3) months or longer, then either Party shall have
the right to terminate this Agreement with immediate effect without any
liability (except for the obligations of payment arising prior to the event of
Force Majeure) towards the other Party.
14.7 Notices
Any notice given by one Party to the other shall be deemed properly given and
deemed received if specifically acknowledged by the receiving Party in writing
or when successfully delivered to the recipient by hand, fax, or special courier
during normal business hours on a business day to the addresses specified for
The OctoMY project in the beginning of this Agreement, and for the Licensee in the
Licensee's account profile. Each communication and document made or delivered by
one Party to the other Party pursuant to this Agreement shall be in the English
language.
14.8 Export Control
Licensee acknowledges that the Redistributables may be subject to export control
restrictions under the applicable laws of respective countries. Licensee shall
fully comply with all applicable export license restrictions and requirements as
well as with all laws and regulations relating to the Redistributables and
exercise of licenses hereunder and shall procure all necessary governmental
authorizations, including without limitation, all necessary licenses, approvals,
permissions or consents, where necessary for the re- exportation of the
Redistributables, Applications and/or Devices.
14.9 No Implied License
There are no implied licenses or other implied rights granted under this
Agreement, and all rights, save for those expressly granted hereunder, shall
remain with The OctoMY project and its licensors. In addition, no licenses or
immunities are granted to the combination of the Licensed Software with any
other software or hardware not delivered by The OctoMY project under this Agreement.
14.10 Attorney Fees
The prevailing Party in any action to enforce this Agreement shall be entitled
to recover its attorney's fees and costs in connection with such action.
14.11 Severability
If any provision of this Agreement shall be adjudged by any court of competent
jurisdiction to be unenforceable or invalid, that provision shall be limited or
eliminated to the minimum extent necessary so that this Agreement shall
otherwise remain in full force and effect and enforceable.
IN WITNESS WHEREOF, the Parties hereto, intending to be legally bound hereby,
have caused this Agreement to be executed by Licensee's authorized
representative installing the Licensed Software and accepting the terms hereof
in connection therewith.
Appendix 1
1. Parts of the Licensed Software that are permitted for distribution in object
code form only ("Redistributables") under this Agreement:
- The Licensed Software's essential and add-on libraries
- The Licensed Software's installer framework
2. Parts of the Licensed Software that are not permitted for distribution
include, but are not limited to:
- The Licensed Software's source code and header files
- The Licensed Software's documentation
- The Licensed Software's Emulator
- Build scripts, recipes and other material for creating the configuration of
Licensed Software and/or 3rd party components, including the reference operating
system configuration delivered in conjunction with the Licensed Software
LGPLv3 license follows
----------------------------------------------------------------------------
The OctoMY project is Copyright © 2016 Lennart Rolland
Contact: http://www.octomy.org/about/contact
You may use, distribute and copy the OctoMY project under the terms of
GNU Lesser General Public License version 3, which is displayed below.
This license makes reference to the version 3 of the GNU General
Public License, which you can find below.
-------------------------------------------------------------------------
GNU LESSER GENERAL PUBLIC LICENSE
Version 3, 29 June 2007
Copyright © 2007 Free Software Foundation, Inc. <http://fsf.org/>
Everyone is permitted to copy and distribute verbatim copies of this
licensedocument, but changing it is not allowed.
This version of the GNU Lesser General Public License incorporates
the terms and conditions of version 3 of the GNU General Public
License, supplemented by the additional permissions listed below.
0. Additional Definitions.
As used herein, “this License” refers to version 3 of the GNU Lesser
General Public License, and the “GNU GPL” refers to version 3 of the
GNU General Public License.
“The Library” refers to a covered work governed by this License,
other than an Application or a Combined Work as defined below.
An “Application” is any work that makes use of an interface provided
by the Library, but which is not otherwise based on the Library.
Defining a subclass of a class defined by the Library is deemed a mode
of using an interface provided by the Library.
A “Combined Work” is a work produced by combining or linking an
Application with the Library. The particular version of the Library
with which the Combined Work was made is also called the “Linked
Version”.
The “Minimal Corresponding Source” for a Combined Work means the
Corresponding Source for the Combined Work, excluding any source code
for portions of the Combined Work that, considered in isolation, are
based on the Application, and not on the Linked Version.
The “Corresponding Application Code” for a Combined Work means the
object code and/or source code for the Application, including any data
and utility programs needed for reproducing the Combined Work from the
Application, but excluding the System Libraries of the Combined Work.
1. Exception to Section 3 of the GNU GPL.
You may convey a covered work under sections 3 and 4 of this License
without being bound by section 3 of the GNU GPL.
2. Conveying Modified Versions.
If you modify a copy of the Library, and, in your modifications, a
facility refers to a function or data to be supplied by an Application
that uses the facility (other than as an argument passed when the
facility is invoked), then you may convey a copy of the modified
version:
a) under this License, provided that you make a good faith effort
to ensure that, in the event an Application does not supply the
function or data, the facility still operates, and performs
whatever part of its purpose remains meaningful, or
b) under the GNU GPL, with none of the additional permissions of
this License applicable to that copy.
3. Object Code Incorporating Material from Library Header Files.
The object code form of an Application may incorporate material from
a header file that is part of the Library. You may convey such object
code under terms of your choice, provided that, if the incorporated
material is not limited to numerical parameters, data structure
layouts and accessors, or small macros, inline functions and templates
(ten or fewer lines in length), you do both of the following:
a) Give prominent notice with each copy of the object code that
the Library is used in it and that the Library and its use are
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b) Accompany the object code with a copy of the GNU GPL and this
license document.
4. Combined Works.
You may convey a Combined Work under terms of your choice that, taken
together, effectively do not restrict modification of the portions of
the Library contained in the Combined Work and reverse engineering for
debugging such modifications, if you also do each of the following:
a) Give prominent notice with each copy of the Combined Work that
the Library is used in it and that the Library and its use are
covered by this License.
b) Accompany the Combined Work with a copy of the GNU GPL and this
license document.
c) For a Combined Work that displays copyright notices during
execution, include the copyright notice for the Library among
these notices, as well as a reference directing the user to the
copies of the GNU GPL and this license document.
d) Do one of the following:
0) Convey the Minimal Corresponding Source under the terms of
this License, and the Corresponding Application Code in a form
suitable for, and under terms that permit, the user to
recombine or relink the Application with a modified version of
the Linked Version to produce a modified Combined Work, in the
manner specified by section 6 of the GNU GPL for conveying
Corresponding Source.
1) Use a suitable shared library mechanism for linking with
the Library. A suitable mechanism is one that (a) uses at run
time a copy of the Library already present on the user's
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with a modified version of the Linked Version. (If you use option
4d0, the Installation Information must accompany the Minimal
Corresponding Source and Corresponding Application Code. If you
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the manner specified by section 6 of the GNU GPL for conveying
Corresponding Source.)
5. Combined Libraries.
You may place library facilities that are a work based on the Library
side by side in a single library together with other library
facilities that are not Applications and are not covered by this
License, and convey such a combined library under terms of your
choice, if you do both of the following:
a) Accompany the combined library with a copy of the same work
based on the Library, uncombined with any other library
facilities, conveyed under the terms of this License.
b) Give prominent notice with the combined library that part of
it is a work based on the Library, and explaining where to find
the accompanying uncombined form of the same work.
6. Revised Versions of the GNU Lesser General Public License.
The Free Software Foundation may publish revised and/or new versions
of the GNU Lesser General Public License from time to time. Such new
versions will be similar in spirit to the present version, but may
differ in detail to address new problems or concerns.
Each version is given a distinguishing version number. If the Library
as you received it specifies that a certain numbered version of the
GNU Lesser General Public License “or any later version” applies to
it, you have the option of following the terms and conditions either
of that published version or of any later version published by the
Free Software Foundation. If the Library as you received it does not
specify a version number of the GNU Lesser General Public License,
you may choose any version of the GNU Lesser General Public License
ever published by the Free Software Foundation.
If the Library as you received it specifies that a proxy can decide
whether future versions of the GNU Lesser General Public License shall
apply, that proxy's public statement of acceptance of any version is
permanent authorization for you to choose that version for the Library.
GPLv3 license follows
----------------------------------------------------------------------------
GNU GENERAL PUBLIC LICENSE
Version 3, 29 June 2007
Copyright © 2007 Free Software Foundation, Inc. <http://fsf.org/>
Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.
Preamble
The GNU General Public License is a free, copyleft license for software and other kinds of works.
The licenses for most software and other practical works are designed to take away your freedom to share and change the works. By contrast, the GNU General Public License is intended to guarantee your freedom to share and change all versions of a program--to make sure it remains free software for all its users. We, the Free Software Foundation, use the GNU General Public License for most of our software; it applies also to any other work released this way by its authors. You can apply it to your programs, too.
When we speak of free software, we are referring to freedom, not price. Our General Public Licenses are designed to make sure that you have the freedom to distribute copies of free software (and charge for them if you wish), that you receive source code or can get it if you want it, that you can change the software or use pieces of it in new free programs, and that you know you can do these things.
To protect your rights, we need to prevent others from denying you these rights or asking you to surrender the rights. Therefore, you have certain responsibilities if you distribute copies of the software, or if you modify it: responsibilities to respect the freedom of others.
For example, if you distribute copies of such a program, whether gratis or for a fee, you must pass on to the recipients the same freedoms that you received. You must make sure that they, too, receive or can get the source code. And you must show them these terms so they know their rights.
Developers that use the GNU GPL protect your rights with two steps: (1) assert copyright on the software, and (2) offer you this License giving you legal permission to copy, distribute and/or modify it.
For the developers' and authors' protection, the GPL clearly explains that there is no warranty for this free software. For both users' and authors' sake, the GPL requires that modified versions be marked as changed, so that their problems will not be attributed erroneously to authors of previous versions.
Some devices are designed to deny users access to install or run modified versions of the software inside them, although the manufacturer can do so. This is fundamentally incompatible with the aim of protecting users' freedom to change the software. The systematic pattern of such abuse occurs in the area of products for individuals to use, which is precisely where it is most unacceptable. Therefore, we have designed this version of the GPL to prohibit the practice for those products. If such problems arise substantially in other domains, we stand ready to extend this provision to those domains in future versions of the GPL, as needed to protect the freedom of users.
Finally, every program is threatened constantly by software patents. States should not allow patents to restrict development and use of software on general-purpose computers, but in those that do, we wish to avoid the special danger that patents applied to a free program could make it effectively proprietary. To prevent this, the GPL assures that patents cannot be used to render the program non-free.
The precise terms and conditions for copying, distribution and modification follow.
TERMS AND CONDITIONS
0. Definitions.
“This License” refers to version 3 of the GNU General Public License.
“Copyright” also means copyright-like laws that apply to other kinds of works, such as semiconductor masks.
“The Program” refers to any copyrightable work licensed under this License. Each licensee is addressed as “you”. “Licensees” and “recipients” may be individuals or organizations.
To “modify” a work means to copy from or adapt all or part of the work in a fashion requiring copyright permission, other than the making of an exact copy. The resulting work is called a “modified version” of the earlier work or a work “based on” the earlier work.
A “covered work” means either the unmodified Program or a work based on the Program.
To “propagate” a work means to do anything with it that, without permission, would make you directly or secondarily liable for infringement under applicable copyright law, except executing it on a computer or modifying a private copy. Propagation includes copying, distribution (with or without modification), making available to the public, and in some countries other activities as well.
To “convey” a work means any kind of propagation that enables other parties to make or receive copies. Mere interaction with a user through a computer network, with no transfer of a copy, is not conveying.
An interactive user interface displays “Appropriate Legal Notices” to the extent that it includes a convenient and prominently visible feature that (1) displays an appropriate copyright notice, and (2) tells the user that there is no warranty for the work (except to the extent that warranties are provided), that licensees may convey the work under this License, and how to view a copy of this License. If the interface presents a list of user commands or options, such as a menu, a prominent item in the list meets this criterion.
1. Source Code.
The “source code” for a work means the preferred form of the work for making modifications to it. “Object code” means any non-source form of a work.
A “Standard Interface” means an interface that either is an official standard defined by a recognized standards body, or, in the case of interfaces specified for a particular programming language, one that is widely used among developers working in that language.
The “System Libraries” of an executable work include anything, other than the work as a whole, that (a) is included in the normal form of packaging a Major Component, but which is not part of that Major Component, and (b) serves only to enable use of the work with that Major Component, or to implement a Standard Interface for which an implementation is available to the public in source code form. A “Major Component”, in this context, means a major essential component (kernel, window system, and so on) of the specific operating system (if any) on which the executable work runs, or a compiler used to produce the work, or an object code interpreter used to run it.
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The Corresponding Source for a work in source code form is that same work.
2. Basic Permissions.
All rights granted under this License are granted for the term of copyright on the Program, and are irrevocable provided the stated conditions are met. This License explicitly affirms your unlimited permission to run the unmodified Program. The output from running a covered work is covered by this License only if the output, given its content, constitutes a covered work. This License acknowledges your rights of fair use or other equivalent, as provided by copyright law.
You may make, run and propagate covered works that you do not convey, without conditions so long as your license otherwise remains in force. You may convey covered works to others for the sole purpose of having them make modifications exclusively for you, or provide you with facilities for running those works, provided that you comply with the terms of this License in conveying all material for which you do not control copyright. Those thus making or running the covered works for you must do so exclusively on your behalf, under your direction and control, on terms that prohibit them from making any copies of your copyrighted material outside their relationship with you.
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No covered work shall be deemed part of an effective technological measure under any applicable law fulfilling obligations under article 11 of the WIPO copyright treaty adopted on 20 December 1996, or similar laws prohibiting or restricting circumvention of such measures.
When you convey a covered work, you waive any legal power to forbid circumvention of technological measures to the extent such circumvention is effected by exercising rights under this License with respect to the covered work, and you disclaim any intention to limit operation or modification of the work as a means of enforcing, against the work's users, your or third parties' legal rights to forbid circumvention of technological measures.
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You may convey verbatim copies of the Program's source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice; keep intact all notices stating that this License and any non-permissive terms added in accord with section 7 apply to the code; keep intact all notices of the absence of any warranty; and give all recipients a copy of this License along with the Program.
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You may convey a covered work in object code form under the terms of sections 4 and 5, provided that you also convey the machine-readable Corresponding Source under the terms of this License, in one of these ways:
a) Convey the object code in, or embodied in, a physical product (including a physical distribution medium), accompanied by the Corresponding Source fixed on a durable physical medium customarily used for software interchange.
b) Convey the object code in, or embodied in, a physical product (including a physical distribution medium), accompanied by a written offer, valid for at least three years and valid for as long as you offer spare parts or customer support for that product model, to give anyone who possesses the object code either (1) a copy of the Corresponding Source for all the software in the product that is covered by this License, on a durable physical medium customarily used for software interchange, for a price no more than your reasonable cost of physically performing this conveying of source, or (2) access to copy the Corresponding Source from a network server at no charge.
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Notwithstanding any other provision of this License, for material you add to a covered work, you may (if authorized by the copyright holders of that material) supplement the terms of this License with terms:
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Additional terms, permissive or non-permissive, may be stated in the form of a separately written license, or stated as exceptions; the above requirements apply either way.
8. Termination.
You may not propagate or modify a covered work except as expressly provided under this License. Any attempt otherwise to propagate or modify it is void, and will automatically terminate your rights under this License (including any patent licenses granted under the third paragraph of section 11).
However, if you cease all violation of this License, then your license from a particular copyright holder is reinstated (a) provisionally, unless and until the copyright holder explicitly and finally terminates your license, and (b) permanently, if the copyright holder fails to notify you of the violation by some reasonable means prior to 60 days after the cessation.
Moreover, your license from a particular copyright holder is reinstated permanently if the copyright holder notifies you of the violation by some reasonable means, this is the first time you have received notice of violation of this License (for any work) from that copyright holder, and you cure the violation prior to 30 days after your receipt of the notice.
Termination of your rights under this section does not terminate the licenses of parties who have received copies or rights from you under this License. If your rights have been terminated and not permanently reinstated, you do not qualify to receive new licenses for the same material under section 10.
9. Acceptance Not Required for Having Copies.
You are not required to accept this License in order to receive or run a copy of the Program. Ancillary propagation of a covered work occurring solely as a consequence of using peer-to-peer transmission to receive a copy likewise does not require acceptance. However, nothing other than this License grants you permission to propagate or modify any covered work. These actions infringe copyright if you do not accept this License. Therefore, by modifying or propagating a covered work, you indicate your acceptance of this License to do so.
10. Automatic Licensing of Downstream Recipients.
Each time you convey a covered work, the recipient automatically receives a license from the original licensors, to run, modify and propagate that work, subject to this License. You are not responsible for enforcing compliance by third parties with this License.
An “entity transaction” is a transaction transferring control of an organization, or substantially all assets of one, or subdividing an organization, or merging organizations. If propagation of a covered work results from an entity transaction, each party to that transaction who receives a copy of the work also receives whatever licenses to the work the party's predecessor in interest had or could give under the previous paragraph, plus a right to possession of the Corresponding Source of the work from the predecessor in interest, if the predecessor has it or can get it with reasonable efforts.
You may not impose any further restrictions on the exercise of the rights granted or affirmed under this License. For example, you may not impose a license fee, royalty, or other charge for exercise of rights granted under this License, and you may not initiate litigation (including a cross-claim or counterclaim in a lawsuit) alleging that any patent claim is infringed by making, using, selling, offering for sale, or importing the Program or any portion of it.
11. Patents.
A “contributor” is a copyright holder who authorizes use under this License of the Program or a work on which the Program is based. The work thus licensed is called the contributor's “contributor version”.
A contributor's “essential patent claims” are all patent claims owned or controlled by the contributor, whether already acquired or hereafter acquired, that would be infringed by some manner, permitted by this License, of making, using, or selling its contributor version, but do not include claims that would be infringed only as a consequence of further modification of the contributor version. For purposes of this definition, “control” includes the right to grant patent sublicenses in a manner consistent with the requirements of this License.
Each contributor grants you a non-exclusive, worldwide, royalty-free patent license under the contributor's essential patent claims, to make, use, sell, offer for sale, import and otherwise run, modify and propagate the contents of its contributor version.
In the following three paragraphs, a “patent license” is any express agreement or commitment, however denominated, not to enforce a patent (such as an express permission to practice a patent or covenant not to sue for patent infringement). To “grant” such a patent license to a party means to make such an agreement or commitment not to enforce a patent against the party.
If you convey a covered work, knowingly relying on a patent license, and the Corresponding Source of the work is not available for anyone to copy, free of charge and under the terms of this License, through a publicly available network server or other readily accessible means, then you must either (1) cause the Corresponding Source to be so available, or (2) arrange to deprive yourself of the benefit of the patent license for this particular work, or (3) arrange, in a manner consistent with the requirements of this License, to extend the patent license to downstream recipients. “Knowingly relying” means you have actual knowledge that, but for the patent license, your conveying the covered work in a country, or your recipient's use of the covered work in a country, would infringe one or more identifiable patents in that country that you have reason to believe are valid.
If, pursuant to or in connection with a single transaction or arrangement, you convey, or propagate by procuring conveyance of, a covered work, and grant a patent license to some of the parties receiving the covered work authorizing them to use, propagate, modify or convey a specific copy of the covered work, then the patent license you grant is automatically extended to all recipients of the covered work and works based on it.
A patent license is “discriminatory” if it does not include within the scope of its coverage, prohibits the exercise of, or is conditioned on the non-exercise of one or more of the rights that are specifically granted under this License. You may not convey a covered work if you are a party to an arrangement with a third party that is in the business of distributing software, under which you make payment to the third party based on the extent of your activity of conveying the work, and under which the third party grants, to any of the parties who would receive the covered work from you, a discriminatory patent license (a) in connection with copies of the covered work conveyed by you (or copies made from those copies), or (b) primarily for and in connection with specific products or compilations that contain the covered work, unless you entered into that arrangement, or that patent license was granted, prior to 28 March 2007.
Nothing in this License shall be construed as excluding or limiting any implied license or other defenses to infringement that may otherwise be available to you under applicable patent law.
12. No Surrender of Others' Freedom.
If conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot convey a covered work so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not convey it at all. For example, if you agree to terms that obligate you to collect a royalty for further conveying from those to whom you convey the Program, the only way you could satisfy both those terms and this License would be to refrain entirely from conveying the Program.
13. Use with the GNU Affero General Public License.
Notwithstanding any other provision of this License, you have permission to link or combine any covered work with a work licensed under version 3 of the GNU Affero General Public License into a single combined work, and to convey the resulting work. The terms of this License will continue to apply to the part which is the covered work, but the special requirements of the GNU Affero General Public License, section 13, concerning interaction through a network will apply to the combination as such.
14. Revised Versions of this License.
The Free Software Foundation may publish revised and/or new versions of the GNU General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns.
Each version is given a distinguishing version number. If the Program specifies that a certain numbered version of the GNU General Public License “or any later version” applies to it, you have the option of following the terms and conditions either of that numbered version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of the GNU General Public License, you may choose any version ever published by the Free Software Foundation.
If the Program specifies that a proxy can decide which future versions of the GNU General Public License can be used, that proxy's public statement of acceptance of a version permanently authorizes you to choose that version for the Program.
Later license versions may give you additional or different permissions. However, no additional obligations are imposed on any author or copyright holder as a result of your choosing to follow a later version.
15. Disclaimer of Warranty.
THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
16. Limitation of Liability.
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MODIFIES AND/OR CONVEYS THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
17. Interpretation of Sections 15 and 16.
If the disclaimer of warranty and limitation of liability provided above cannot be given local legal effect according to their terms, reviewing courts shall apply local law that most closely approximates an absolute waiver of all civil liability in connection with the Program, unless a warranty or assumption of liability accompanies a copy of the Program in return for a fee.
END OF TERMS AND CONDITIONS