LICENSE

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 EMOCA model, data and software, (the "Model & Software"), including 3D meshes, software, and scripts.
By downloading and/or using the Model & Software (including downloading, cloning, installing, and any other use
of this 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 Model & Software. Any infringement of the terms of this agreement will automatically terminate your rights
under this License

Ownership / Licensees
The Model & 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”) hereinafter the “Licensor”.

License Grant
Licensor grants you (Licensee) personally a single-user, non-exclusive, non-transferable, free of charge right:

	• To install the Model & Software on computers owned, leased or otherwise controlled by you and/or your organization.
	• To use the Model & Software for the sole purpose of performing peaceful 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 Model & Software may not be used to create fake, libelous, misleading, or defamatory content of any kind, excluding 
analyses in peer-reviewed scientific research. 

The Model & 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 Model & 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 Model & Software to train methods/algorithms/neural
networks/etc. for commercial use of any kind. By downloading the Model & Software, you agree not to reverse engineer it.

No Distribution
The Model & 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 Model & Software results from basic research, is provided “AS IS”,
may contain errors, and that any use of the Model & Software is at your sole risk.
LICENSOR MAKES NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND CONCERNING THE MODEL & 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 Model & Software, (ii) that the use of the Model & Software will not infringe any patents, copyrights or other
intellectual property rights of a third party, and (iii) that the use of the Model & Software will not cause any
damage of any kind to you or a third party.

Limitation of Liability
Because this Model & 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 Model & Software cannot be directed towards the copyright holders.
The Model & 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 Model & 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 Model & Software.
Licensor nevertheless reserves the right to update, modify, or discontinue the Model & Software at any time.

Defects of the Model & 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.

Publications using the Model & Software
You acknowledge that the Model & Software is a valuable scientific resource and agree to appropriately reference
the following paper in any publication making use of the Model & Software.

Commercial licensing opportunities
For commercial uses of the Model & 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.