-
Notifications
You must be signed in to change notification settings - Fork 32
/
LICENSE.txt
168 lines (147 loc) · 10.1 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
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
3DiVi Face SDK Software License Agreement
PLEASE READ CAREFULLY BEFORE USING THIS PRODUCT:
This License Agreement is a legal agreement between
(a) you (either an individual or a single entity) and
(b) 3DiVi Inc. ("3DiVi") that governs your use of any Software Product,
installed on or made available by 3DiVi.
BY TAKING ANY STEP TO INSTALL OR USE THE SOFTWARE PRODUCT,
YOU (1) REPRESENT THAT YOU ARE OF THE LEGAL AGE OF MAJORITY
IN YOUR STATE, PROVINCE JURISDICTION OF RESIDENCE AND, IF
APPLICABLE, YOU ARE DULY AUTHORIZED BY YOUR EMPLOYER TO
ENTER INTO THIS CONTRACT AND (2) YOU AGREE TO BE BOUND BY THE
TERMS OF THIS SLA. IF YOU DO NOT ACCEPT THE SLA TERMS, DO NOT
USE THE SOFTWARE PRODUCT.
1.GRANT OF LICENSE. The Software Product includes two types of computer
software (1) software that is owned by 3DiVi (and may include associated
media, and "online" or electronic documentation) (collectively the "Software
Product") and (2) other software provided by third parties and used with the
Software Product ("Third Party Software"). 3DiVi grants you the following
non-exclusive rights provided you agree to and comply with all terms and
conditions of this SLA:
a.Use. You may install the Software Product on your computers. You may use
the Software Product on condition that it has duly paid for the corresponding
License key. You may integrate the Software Product into your products and
for that purpose create the necessary number of copies by suitable means.
You may grant a non-exclusive non-transferable license to your Customer
as a part of your product on condition that it has duly paid for the
corresponding License key.
You agree to only use the Software Product as expressly permitted herein.
b.Reservation of Rights. The Software Product is licensed, not sold, to you
by 3DiVi. 3DiVi and its suppliers own all right, title and interest in
and to the Software Product and reserve all rights not expressly granted to
you in this SLA. You agree to refrain from any action that would diminish
such rights or would call them into question.
c.Third Party Software. Notwithstanding the terms and conditions of this
SLA, all or any portion of the Software Product which constitutes Third
Party Software, is licensed to you subject to the terms and conditions of the
software license agreement accompanying such Third Party Software
whether in the form of a discrete agreement, shrink wrap license or
electronic license terms accepted at time of download. Use of the Third
Party Software by you shall be governed entirely by the terms and conditions
of such license.
d.Support. Technical support for the Software Product may be offered by
3DiVi as a paid support service.
2.UPGRADES. To use a Software Product identified by 3DiVi as an upgrade,
you must first be licensed for the original Software Product identified by 3DiVi
as eligible for the upgrade. After upgrading, you may no longer use the original
Software Product that formed the basis for your upgrade eligibility and the
upgraded software shall be deemed the "Software Product".
3.ADDITIONAL SOFTWARE. This SLA applies to updates or supplements to the
original Software Product provided by 3DiVi unless 3DiVi provides other
terms along with the update or supplement. In case of a conflict between such
terms, the other terms will prevail.
4.PROPRIETARY RIGHTS. All intellectual property rights in the Software
Product and user documentation are owned by 3DiVi or its suppliers and are
protected by law, including but not limited to copyright, trade secret, and
trademark law, as well as other applicable laws and international treaty provisions.
The structure, organization and code of the Software Product are the valuable trade
secrets and confidential information of 3DiVi and its suppliers. You shall not
remove any product identification, copyright notices or proprietary restrictions
from the Software Product.
5.LIMITATION ON REVERSE ENGINEERING. Except to the extent that such
restriction is not permitted under applicable law, you are not permitted (and you
agree not to) reverse engineer, decompile, disassemble or create derivative works
of or modify the Software Product. Nothing contained herein shall be construed,
expressly or implicitly, as transferring any right, license or title to you other than
those explicitly granted under this SLA. 3DiVi reserves all rights in its
intellectual property rights not expressly agreed to herein. Unauthorized copying
of the Software Product or failure to comply with the restrictions in this SLA (or
other breach of the license herein) will result in automatic termination of this
Agreement and you agree that it will constitute immediate, irreparable harm to
3DiVi for which monetary damages would be an inadequate remedy,
and that injunctive relief will be an appropriate remedy for such breach.
6.TERM. This SLA is effective unless terminated or rejected. This SLA will also
terminate immediately and without additional notice in the event you breach this
SLA and/or fail to comply with any term or condition of this SLA.
7.DISCLAIMER OF WARRANTIES.
a.YOU AGREE THAT THE USE OF THE SOFTWARE PRODUCT IS AT
YOUR SOLE RISK AS TO SATISFACTORY QUALITY PERFORMANCE,
ACCURACY AND EFFORT. Use of the Software Product may adversely
affect the operation of other software and devices. To the maximum extent
permitted under applicable law, the Software Product is offered on an "AS-
IS" basis and 3DiVi does NOT warrant that the functions contained in the
Software Product will meet your requirements or that the operation of the
Software Product will be uninterrupted or error free or that such errors will
be corrected. Computer software is inherently subject to bugs and potential
incompatibility with other computer software and hardware. You should not
use the Software Product for any applications in which failure could cause
any significant damage or injury to persons or tangible or intangible
property.
b.EXCEPT AS MAY BE SET OUT IN A SPECIFIC WARRANTY
ACCOMPANYING THE SOFTWARE PRODUCT, TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, 3DiVi AND ITS
SUPPLIERS PROVIDE THE SOFTWARE PRODUCT AND THIRD PARTY
SOFTWARE "AS IS" AND WITH ALL FAULTS AND WITHOUT ANY
OTHER WARRANTY OF ANY KIND, AND HEREBY DISCLAIM ALL
OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED,
OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
TITLE AND NON-INFRINGEMENT, ANY IMPLIED
WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF
FITNESS FOR A PARTICULAR PURPOSE, AND OF LACK OF VIRUSES
ALL WITH REGARD TO THE SOFTWARE PRODUCT AND THIRD
PARTY SOFTWARE. NO ORAL OR WRITTEN INFORMATION OR
ADVICE GIVEN BY 3DiVi OR A 3DiVi AUTHORIZED
REPRESENTATIVE SHALL CREATE A WARRANTY. Some
states/jurisdictions do not allow exclusion of implied warranties or
limitations on the duration of implied warranties, so the above disclaimer
may not apply to you in its entirety. To the extent applicable law requires
3DiVi to provide warranties, you agree that the scope and duration of
such warranty shall be to the minimum extent permitted under such
applicable law.
c.IN NO EVENT DOES 3DiVi PROVIDE ANY WARRANTY OR
REPRESENTATIONS WITH RESPECT TO ANY THIRD PARTY
HARDWARE OR SOFTWARE WITH WHICH THE SOFTWARE
PRODUCT IS DESIGNED TO BE USED, AND 3DiVi DISCLAIMS ALL
LIABILITY WITH RESPECT TO ANY FAILURES THEREOF.
8.LIMITATION OF LIABILITY. Notwithstanding any damages that you might
incur, the entire liability of 3DiVi and any of its suppliers under any provision
of this SLA and your exclusive remedy for all of the foregoing shall be limited to
the amount actually paid by you for the Software Product. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
3DiVi OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL,
INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING,
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, FOR LOSS OF
DATA OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR
PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY
WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE
PRODUCT, THIRD PARTY SOFTWARE AND/OR THIRD PARTY HARDWARE
USED WITH THE SOFTWARE PRODUCT, OR OTHERWISE IN CONNECTION
WITH ANY PROVISION OF THIS SLA), EVEN IF 3DiVi OR ANY SUPPLIER
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN
IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Some
states/jurisdictions do not allow the exclusion or limitation of incidental or
consequential damages, so the above limitation or exclusion may not apply to you.
9.INDEMNITY. You agree to indemnify and hold 3DiVi and its officers,
directors, employees and licensors harmless from any claim or demand (including
but not limited to reasonable legal fees) made by a third party due to or arising out
of or related to your violation of the terms and conditions of this Agreement, your
violation of any laws, regulations or third party rights or your negligent act,
omission or willful misconduct.
10.GOVERNING LAW AND DISPUTES. This SLA is governed by and
construed in accordance with the laws of the country, where the owner of the exclusive
rights is registered. The parties shall do their utmost to prevent and eliminate mutual
disputes or controversies arising out of this agreement or related to this agreement
and to resolve these problems especially through their contact persons or other
authorized representatives. The parties have agreed that in case of legal proceedings
between the parties the competent court is the court with territorial jurisdiction of the
Licensor.