-
Notifications
You must be signed in to change notification settings - Fork 9
/
LICENSE.txt
129 lines (105 loc) · 7.09 KB
/
LICENSE.txt
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
SOFTWARE LICENSE AGREEMENT
ACADEMIC OR NON-PROFIT ORGANIZATION NONCOMMERCIAL RESEARCH USE ONLY
BY USING OR DOWNLOADING THE SOFTWARE, YOU ARE AGREEING TO THE TERMS OF THIS
LICENSE AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MAY NOT USE OR
DOWNLOAD THE SOFTWARE.
This is a license agreement ("Agreement") between your academic institution or
non-profit organization or self (called "Licensee" or "You" in this Agreement)
and NEC Laboratories Europe GmbH (called "Licensor" in this Agreement). All
rights not specifically granted to you in this Agreement are reserved for
Licensor.
RESERVATION OF OWNERSHIP AND GRANT OF LICENSE: Licensor retains exclusive
ownership of any copy of the Software (as defined below) licensed under this
Agreement and hereby grants to Licensee a personal, non-exclusive,
non-transferable license to use the Software for noncommercial research
purposes, without the right to sublicense, pursuant to the terms and conditions
of this Agreement. NO EXPRESS OR IMPLIED LICENSES TO ANY OF LICENSOR'S PATENT
RIGHTS ARE GRANTED BY THIS LICENSE. As used in this Agreement, the term
"Software" means (i) the actual copy of all or any portion of code for program
routines made accessible to Licensee by Licensor pursuant to this Agreement,
inclusive of backups, updates, and/or merged copies permitted hereunder or
subsequently supplied by Licensor, including all or any file structures,
programming instructions, user interfaces and screen formats and sequences as
well as any and all documentation and instructions related to it, and (ii) all
or any derivatives and/or modifications created or made by You to any of the
items specified in (i).
CONFIDENTIALITY/PUBLICATIONS: Licensee acknowledges that the Software is
proprietary to Licensor, and as such, Licensee agrees to receive all such
materials and to use the Software only in accordance with the terms of this
Agreement. Licensee agrees to use reasonable effort to protect the Software
from unauthorized use, reproduction, distribution, or publication. All
publication materials mentioning features or use of this software must
explicitly include an acknowledgement the software was developed by NEC
Laboratories Europe GmbH.
COPYRIGHT: The Software is owned by Licensor.
PERMITTED USES: The Software may be used for your own noncommercial internal
research purposes. You understand and agree that Licensor is not obligated to
implement any suggestions and/or feedback you might provide regarding the
Software, but to the extent Licensor does so, you are not entitled to any
compensation related thereto.
DERIVATIVES: You may create derivatives of or make modifications to the
Software, however, You agree that all and any such derivatives and
modifications will be owned by Licensor and become a part of the Software
licensed to You under this Agreement. You may only use such derivatives and
modifications for your own noncommercial internal research purposes, and you
may not otherwise use, distribute or copy such derivatives and modifications in
violation of this Agreement.
BACKUPS: If Licensee is an organization, it may make that number of copies of
the Software necessary for internal noncommercial use at a single site within
its organization provided that all information appearing in or on the original
labels, including the copyright and trademark notices are copied onto the
labels of the copies.
USES NOT PERMITTED: You may not distribute, copy or use the Software except as
explicitly permitted herein. Licensee has not been granted any trademark
license as part of this Agreement. Neither the name of NEC Laboratories Europe
GmbH nor the names of its contributors may be used to endorse or promote
products derived from this Software without specific prior written permission.
You may not sell, rent, lease, sublicense, lend, time-share or transfer, in
whole or in part, or provide third parties access to prior or present versions
(or any parts thereof) of the Software.
ASSIGNMENT: You may not assign this Agreement or your rights hereunder without
the prior written consent of Licensor. Any attempted assignment without such
consent shall be null and void.
TERM: The term of the license granted by this Agreement is from Licensee's
acceptance of this Agreement by downloading the Software or by using the
Software until terminated as provided below.
The Agreement automatically terminates without notice if you fail to comply
with any provision of this Agreement. Licensee may terminate this Agreement by
ceasing using the Software. Upon any termination of this Agreement, Licensee
will delete any and all copies of the Software. You agree that all provisions
which operate to protect the proprietary rights of Licensor shall remain in
force should breach occur and that the obligation of confidentiality described
in this Agreement is binding in perpetuity and, as such, survives the term of
the Agreement.
FEE: Provided Licensee abides completely by the terms and conditions of this
Agreement, there is no fee due to Licensor for Licensee's use of the Software
in accordance with this Agreement.
DISCLAIMER OF WARRANTIES: THE SOFTWARE IS PROVIDED "AS-IS" WITHOUT WARRANTY OF
ANY KIND INCLUDING ANY WARRANTIES OF PERFORMANCE OR MERCHANTABILITY OR FITNESS
FOR A PARTICULAR USE OR PURPOSE OR OF NON- INFRINGEMENT. LICENSEE BEARS ALL
RISK RELATING TO QUALITY AND PERFORMANCE OF THE SOFTWARE AND RELATED MATERIALS.
SUPPORT AND MAINTENANCE: No Software support or training by the Licensor is
provided as part of this Agreement.
EXCLUSIVE REMEDY AND LIMITATION OF LIABILITY: To the maximum extent permitted
under applicable law, Licensor shall not be liable for direct, indirect,
special, incidental, or consequential damages or lost profits related to
Licensee's use of and/or inability to use the Software, even if Licensor is
advised of the possibility of such damage.
EXPORT REGULATION: Licensee agrees to comply with any and all applicable export
control laws, regulations, and/or other laws related to embargoes and sanction
programs administered by law.
SEVERABILITY: If any provision(s) of this Agreement shall be held to be
invalid, illegal, or unenforceable by a court or other tribunal of competent
jurisdiction, the validity, legality and enforceability of the remaining
provisions shall not in any way be affected or impaired thereby.
NO IMPLIED WAIVERS: No failure or delay by Licensor in enforcing any right or
remedy under this Agreement shall be construed as a waiver of any future or
other exercise of such right or remedy by Licensor.
GOVERNING LAW: This Agreement shall be construed and enforced in accordance
with the laws of Germany without reference to conflict of laws principles. You
consent to the personal jurisdiction of the courts of this country and waive
their rights to venue outside of Germany.
ENTIRE AGREEMENT AND AMENDMENTS: This Agreement constitutes the sole and entire
agreement between Licensee and Licensor as to the matter set forth herein and
supersedes any previous agreements, understandings, and arrangements between
the parties relating hereto.