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LICENSE
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LICENSE
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License
Software Copyright License for non-commercial scientific research purposes
Please read carefully the following terms and conditions and any accompanying documentation before you download and/or
use the SOMA data and software, (the "Data & Software"),
including 3D meshes, images, videos, textures, software, scripts, and animations.
By downloading and/or using the Data & Software
(including downloading, cloning, installing, and any other use of the corresponding github repository),
you acknowledge that you have read these terms and conditions, understand them, and agree to be bound by them.
If you do not agree with these terms and conditions, you must not download and/or use the Data & Software.
Any infringement of the terms of this agreement will automatically terminate your rights under this License.
Ownership / Licensees
The Data & Software and the associated materials has been developed at the
Max Planck Institute for Intelligent Systems (hereinafter “MPI”).
Any copyright or patent right is owned by and proprietary material of the
Max-Planck-Gesellschaft zur Förderung der Wissenschaften e.V. (hereinafter “MPG”; MPI and MPG hereinafter collectively “Max-Planck” or “Licensor”).
License Grant
Licensor grants you (Licensee) personally a single-user, non-exclusive, non-transferable, free of charge right:
To install the Data & Software on computers owned, leased or otherwise controlled by you and/or your organization;
To use the Data & Software for the sole purpose of performing non-commercial scientific research, non-commercial education, or non-commercial artistic projects;
Any other use, in particular any use for commercial, pornographic, military, or surveillance, purposes is prohibited.
This includes, without limitation, incorporation in a commercial product, use in a commercial service, or production of
other artefacts for commercial purposes. The Data & Software may not be used to create fake, libelous, misleading, or
defamatory content of any kind excluding analyses in peer-reviewed scientific research. The Data & Software may not be
reproduced, modified and/or made available in any form to any third party without Max-Planck’s prior written permission.
The Data & Software may not be used for pornographic purposes or to generate pornographic material whether commercial or not.
This license also prohibits the use of the Data & Software to train methods/algorithms/neural networks/etc.
for commercial, pornographic, military, surveillance, or defamatory use of any kind.
By downloading the Data & Software, you agree not to reverse engineer it.
No Distribution
The Data & Software and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only.
Disclaimer of Representations and Warranties
You expressly acknowledge and agree that the Data & Software results from basic research, is provided “AS IS”, may contain errors, and that any use of the Data & Software is at your sole risk.
LICENSOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE DATA & SOFTWARE, NEITHER EXPRESS NOR IMPLIED, AND THE ABSENCE OF ANY LEGAL OR ACTUAL DEFECTS, WHETHER DISCOVERABLE OR NOT.
Specifically, and not to limit the foregoing, licensor makes no representations or warranties
(i) regarding the merchantability or fitness for a particular purpose of the Data & Software,
(ii) that the use of the Data & Software will not infringe any patents, copyrights or other intellectual property rights of a third party, and
(iii) that the use of the Data & Software will not cause any damage of any kind to you or a third party.
Limitation of Liability
Because this Data & Software License Agreement qualifies as a donation, according to Section 521 of the
German Civil Code (Bürgerliches Gesetzbuch – BGB) Licensor as a donor is liable for intent and gross negligence only.
If the Licensor fraudulently conceals a legal or material defect, they are obliged to compensate the Licensee for the resulting damage.
Licensor shall be liable for loss of data only up to the amount of typical recovery costs which would have arisen had proper
and regular data backup measures been taken. For the avoidance of doubt Licensor shall be liable in accordance with the
German Product Liability Act in the event of product liability. The foregoing applies also to Licensor’s legal representatives
or assistants in performance. Any further liability shall be excluded. Patent claims generated through the usage of the
Data & Software cannot be directed towards the copyright holders. The Data & Software is provided in the state of development
the licensor defines. If modified or extended by Licensee, the Licensor makes no claims about the fitness of the Data & Software and is not responsible for any problems such modifications cause.
No Maintenance Services
You understand and agree that Licensor is under no obligation to provide either maintenance services, update services, notices of latent defects, or corrections of defects with regard to the Data & Software. Licensor nevertheless reserves the right to update, modify, or discontinue the Data & Software at any time. Defects of the Data & Software must be notified in writing to the Licensor with a comprehensible description of the error symptoms. The notification of the defect should enable the reproduction of the error. The Licensee is encouraged to communicate any use, results, modification or publication.
Subjects' Consent
All subjects gave informed written consent to share their data for research purposes.
You further agree to delete data or change their use, in case a subject changes or withdraws their consent.
Publications using the Data & Software
You acknowledge that the Data & Software is a valuable scientific resource and agree to appropriately reference the following paper in any publication making use of the Data & Software:
@inproceedings{SOMA:ICCV:2021,
title = {{SOMA}: Solving Optical Marker-Based MoCap Automatically},
author = {Ghorbani, Nima and Black, Michael J.},
booktitle = {Proceedings of IEEE/CVF International Conference on Computer Vision (ICCV)},
month = oct,
year = {2021},
doi = {},
month_numeric = {10}}
Commercial licensing opportunities
For commercial uses of the Data & Software, please send email to ps-license@tue.mpg.de
This Agreement shall be governed by the laws of the Federal Republic of Germany except for the UN Sales Convention.