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LICENSE
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Academic, Non-Commercial License Agreement
0. Preamble:
This license is a legally binding agreement between Ecole Polytechnique Federale de Lausanne (EPFL), Bâtiment CE –
3.316, Station 1, CH - 1015 Lausanne, Switzerland (“the Licensor”) and licensee end user (“the Licensee”) setting
forth the terms and conditions governing the use and operation of EPFL’s proprietary computer software products (the
“Software”). By downloading and installing, copying or otherwise using the Software, and/or otherwise accepting this
License, the Licensee agrees to be bound by the terms and conditions of this License. If the Licensee does not agree
to or accept the terms of this Agreement, the Licensee may not access or use the Software.
1. License Grant:
Licensor hereby grants Licensee a fully-paid up, royalty-free, worldwide, non-assignable and non-transferable,
perpetual, revocable, non-exclusive license, including the rights to create but not distribute derivative works, for
academic, non-commercial purposes, upon the terms and conditions hereinafter set out. The terms "academic,
non-commercial", as used in this Agreement, mean academic or other scholarly or scientific research which (a) is not
undertaken for profit, or (b) is not intended to produce works, services, or data for commercial use, or (c) is
neither conducted, nor funded, by a person or an entity engaged in the commercial use, application or exploitation
of works similar to the Software.
Licensee may use Software for the purpose of:
- Running Software on Licensee’s Website[s] and Server[s];
- Allowing 3rd Parties to run Software on Licensee’s Website[s] and Server[s];
- Publishing Software’s output to Licensee and 3rd Parties;
- Distribute verbatim copies of Software’s output (including compiled binaries);
- Modify Software to suit Licensee’s needs and specifications.
Binary Restricted: Licensee may sublicense Software as a part of a larger work containing more than Software,
distributed solely in Object or Binary form under academic, non-commercial purposes, non-sublicensable license. The
Licensee shall be solely liable to any damage, defect or loss incurred as a result of any of such sublicense.
2. Improvements:
Licensee agrees that it will use the Software, and any modifications, improvements, or derivatives to Software that
Licensee may create (collectively, "Improvements") solely for academic, non-commercial purposes and shall not
distribute or transfer the Software or any Improvements or integrations of the Software into a larger work, to any
person without prior written permission from Licensor.
3. Upgrades, Updates and Fixes:
Licensor may provide Licensee, from time to time, with Upgrades, Updates or Fixes, as detailed herein and according
to his sole discretion.
Upgrades:
for the purpose of this License, an Upgrade shall be a material amendment in The Software, which contains new
features and or major performance improvements and shall be marked as a new version number. For example, an
upgrade X shall commence under number X.0.0.
Updates:
for the purpose of this License, an update shall be a minor amendment in The Software, which may contain new
features or minor improvements and shall be marked as a new sub-version number. For example, an update X shall
commence under number 0.X.0.
Fixes:
for the purpose of this license, a fix shall be a minor amendment in the Software, intended to remove bugs or
alter minor features which impair the Software's functionality. A fix shall be marked as a new sub-sub-version
number. For example, a fix X shall commence under number 0.0.X.
4. Support:
Software is provided under an AS-IS basis and without any support, updates or maintenance. Nothing in this Agreement
shall require Licensor to provide Licensee with support to any Upgrades, Updates, Fixes, failures, mis-performance
or other defect in the Software.
Bug Notification:
Licensee shall provide Licensor of details regarding any bug, defect or failure in the Software promptly and
with no delay from such event; Licensee shall comply with Licensor's request for information regarding bugs,
defects or failures and furnish him with information, screenshots and try to reproduce such bugs, defects or
failures.
Feature Request:
Licensee may request additional features in Software, provided, however, that (i) Licensee shall waive any claim
or right in such feature should feature be developed by Licensor; (ii) Licensee shall be prohibited from
developing the feature, or disclose such feature request, or feature, to any 3rd party directly competing with
Licensor or any 3rd party which may be, following the development of such feature, in direct competition with
Licensor; (iii) Licensee warrants that feature does not infringe any 3rd party patent, trademark, trade-secret
or any other intellectual property right; and (iv) Licensee developed, envisioned or created the feature solely
by himself.
5. Warranties and Liabilities:
Licensor makes no representations or warranties, express or implied, including without limitation any
representations or warranties of merchantability or fitness for particular purpose or that the use of the Software
will not infringe any patents, copyrights, trademarks or other rights of any third party. Licensor shall not be
liable for any direct, indirect or consequential damages with respect to any claim by Licensee or any third party
arising from this Agreement or use of the Software. Licensee hereby warrants to hold Licensor harmless and to
indemnify Licensor for any lawsuit brought against it in regard to Licensee’s use of the Software.
6. Term & Termination:
This License is perpetual but can be terminated by the Licensor in case where Licensee (i) became insolvent or
otherwise entered into any liquidation process, (ii) exported the Software to any jurisdiction where Licensor may
not enforce his rights under this Agreement (iii) Licensee breach any of this License's terms and conditions and
such breach is not cured, immediately upon notification (iv) Licensee otherwise entered into any arrangement which
caused Licensor to be unable to enforce his rights under this License.
7. No other rights:
This License shall not be construed to confer any rights upon Licensee by implication or otherwise except as
specifically set forth herein.
8. This Agreement shall be governed by the material laws of Switzerland and any dispute arising out of this License or
use of the Software shall be brought before the courts of Lausanne, Switzerland.