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TIG Benchmarker Outbound Game License | ||
Version 1.0, January 2024 | ||
https://www.tig.foundation | ||
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By exercising any right granted under this Licence, You irrevocably accept | ||
these terms and conditions. | ||
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TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION | ||
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1. Definitions. | ||
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"Benchmarking" shall mean the use of a Work, subject to the Innovation | ||
Game Terms and Conditions, to solve random instances of challenges | ||
published by TIG from time to time. | ||
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"Innovation Game Terms and Conditions" shall mean the terms and conditions | ||
for the Innovation Game offered by TIG at the time of exercise of rights | ||
by You under this License, a copy of which can be obtained at | ||
https://www.tig.foundation/terms-and-conditions. | ||
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"Licensable" shall mean having the right to grant, to the maximum extent | ||
possible, whether at the time of the initial grant or subsequently any, | ||
and all, of the rights conveyed by this License. | ||
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||
"License" shall mean the terms and conditions for use, reproduction, and | ||
distribution as defined by Sections 1 through 7 of this document. | ||
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"Licensor" shall mean the copyright owner or entity authorised by the | ||
copyright owner to grant the license to the copyright in the Work in | ||
accordance with Section 2 of this License. | ||
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"Object" form shall mean any form resulting from mechanical transformation | ||
or translation of a Source form, including but not limited to compiled | ||
object code, generated documentation, and conversions to other media | ||
types. | ||
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"Patent Claims" of TIG shall mean any patent claim(s) in any TIG Patent, | ||
including without limitation, method, process, and apparatus claims, | ||
Licensable by TIG that would necessarily be infringed, but for the grant | ||
of the License, by the making, using, selling, offering for sale, having | ||
made, import, or transfer of the Work alone or by combination of the Work | ||
with other software distributed by Licensor with the Work. | ||
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"Source" form shall mean the preferred form for making modifications, | ||
including but not limited to software source code, documentation source, | ||
and configuration files. | ||
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"TIG" shall mean The TIG Foundation, a company registered in Germany with | ||
a registered office at Kurfurstendamm 15, 10719 Berlin, Deutschland. | ||
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"TIG Patent" shall mean a patent, patent application, and all | ||
continuations, continuations in part, divisions, extensions, renewals, | ||
reissues, and re-examinations relating thereto, in any jurisdiction | ||
throughout the world owned or controlled by TIG. | ||
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"Work" shall mean the work of authorship, whether in Source or Object | ||
form, made available under this License, as indicated by the copyright | ||
notice that is included in or attached to the work [an example is provided | ||
in the Appendix 1 below]. | ||
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"You" (or "Your") shall mean an individual or Legal Entity exercising | ||
permissions granted by this License. | ||
2. Grant of Copyright License. Subject to the terms and conditions of this | ||
License, Licensor hereby grants to You a worldwide, non-exclusive, no | ||
charge, royalty-free, copyright license to use and reproduce the Work only | ||
for the purpose of Benchmarking. | ||
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3. Grant of Patent License. Subject to the terms and conditions of this | ||
License, Licensor hereby grants to You a worldwide, non-exclusive, no | ||
charge, royalty-free, license under Patent Claims of TIG to make, have | ||
made and use the Work only for the purposes of Benchmarking. | ||
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NO MODIFICATION OF THE WORK BY YOU IS PERMITTED UNDER THE TERMS OF THIS | ||
LICENSE. | ||
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NO USE OF THE WORK BY YOU IS PERMITTED EXCEPT AS EXPRESSLY LICENSED IN | ||
SECTIONS 2 AND 3 ABOVE. | ||
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4. Trademarks. This License does not grant permission to use the trade | ||
names, trademarks, service marks, or product names of the Licensor, except | ||
as required for reasonable and customary use in describing the origin of | ||
the Work and reproducing the content of the NOTICE file. | ||
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5. Disclaimer of Warranty. Unless required by applicable law or agreed to | ||
in writing, Licensor provides the Work on an "AS IS" BASIS, WITHOUT | ||
WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, | ||
including, without limitation, any warranties or conditions of TITLE, NON | ||
INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You | ||
are solely responsible for determining the appropriateness of using or | ||
redistributing the Work and assume any risks associated with Your exercise | ||
of permissions under this License. | ||
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6. Limitation of Liability. In no event and under no legal theory, whether | ||
in tort (including negligence), contract, or otherwise, unless required by | ||
applicable law (such as deliberate and grossly negligent acts) or agreed | ||
to in writing, shall TIG or Licensor be liable to You for damages, | ||
including any direct, indirect, special, incidental, or consequential | ||
damages of any character arising as a result of this License or out of the | ||
use or inability to use the Work (including but not limited to damages for | ||
loss of goodwill, work stoppage, computer failure or malfunction, or any | ||
and all other commercial damages or losses), even if TIG or Licensor, as | ||
the case may be, has been advised of the possibility of such damages. | ||
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7. Termination. The rights granted under this License will terminate | ||
automatically if You fail to comply with any of its terms. | ||
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END OF TERMS AND CONDITIONS | ||
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APPENDIX 1: The TIG Benchmarker Outbound Game License. | ||
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Copyright [yyyy] [name of copyright owner] | ||
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Licensed under the TIG Benchmarker Outbound Game License v1.0 (the | ||
"License"); you may not use this file except in compliance with the | ||
License. You may obtain a copy of the License at | ||
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https://github.com/tig-foundation/tig-monorepo/tree/main/docs/licenses | ||
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Unless required by applicable law or agreed to in writing, software | ||
distributed under the License is distributed on an "AS IS" BASIS, WITHOUT | ||
WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the | ||
License for the specific language governing permissions and limitations | ||
under the License. |
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TIG Commercial License | ||
Version 1.0, January 2024 | ||
https://www.tig.foundation | ||
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TERMS AND CONDITIONS CONTRIBUTIONS, USE, REPRODUCTION, AND DISTRIBUTION | ||
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1. Definitions. | ||
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"Derivative Work" shall mean any work, whether in Source or Object form, | ||
that is based on (or derived from) the Work and for which the editorial | ||
revisions, annotations, elaborations, or other modifications represent, as a | ||
whole, an original work of authorship. | ||
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"Licensable" shall mean having the right to grant, to the maximum extent | ||
possible, whether at the time of the initial grant or subsequently any, and | ||
all, of the rights conveyed by this License. | ||
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"License" shall mean the terms and conditions for use, reproduction, and | ||
distribution as defined by Sections 1 through 9 of this document. | ||
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"Licensor" shall mean the copyright owner or entity authorised by the | ||
copyright owner to grant the license to the copyright in the Work in | ||
accordance with Section 2 of this License. | ||
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"Licensee" shall mean [Name and address of Entity] | ||
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"Licensee Product" shall mean a product made by or for Licensee which | ||
incorporates the Work or any Derivative Work and a processing unit on which | ||
the Work is executed together with significant additional features and | ||
functionality contributed by Licensee. | ||
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"Object" form shall mean any form resulting from mechanical transformation | ||
or translation of a Source form, including but not limited to compiled | ||
object code, generated documentation, and conversions to other media types. | ||
"Patent Claims" of TIG shall mean any patent claim(s), including without | ||
limitation, method, process, and apparatus claims, in any patent Licensable | ||
by TIG that would necessarily be infringed, but for the grant of the | ||
License, by the making, using, selling, offering for sale, having made, | ||
import, or transfer of a Work and any Derivative Works alone or by | ||
combination of the Work or Derivative Work with other software provided by | ||
TIG to Licensee. | ||
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"Rate Card" shall mean the schedule for license fees published by TIG from | ||
time to time. | ||
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"Source" form shall mean the preferred form for making modifications, | ||
including but not limited to software source code, documentation source, and | ||
configuration files. | ||
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"Term" shall mean the period commencing on the date of execution of the | ||
License by Licensee and ending twelve (12) months thereafter. | ||
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"TIG" shall mean The TIG Foundation, a limited company registered in Germany | ||
with a registered office at Kurfurstendamm 15, 10719 Berlin, Deutschland. | ||
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"TIG Inbound Game License" shall mean the TIG Inbound Game License v1.0 and | ||
later versions a copy of which can be obtained at https://github.com/tig | ||
foundation/tig-monorepo/tree/main/docs/licenses. | ||
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"TIG Commercial Licensee" shall mean an entity that has a subsisting TIG | ||
Commercial License. An entity shall only be a TIG Commercial Licensee for as | ||
long as the TIG Commercial License subsists. | ||
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"TIG Commercial License" shall mean the TIG Commercial License v1.0 and | ||
later versions a copy of which can be obtained at https://github.com/tig | ||
foundation/tig-monorepo/tree/main/docs/licenses. | ||
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"TIG Open Data License" shall mean the TIG Open Data License v1.0 and later | ||
versions a copy of which can be obtained at https://github.com/tig | ||
foundation/tig-monorepo/tree/main/docs/licenses. | ||
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"Work" shall mean the work of authorship, whether in Source or Object form, | ||
made available under this License. | ||
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2. Grant of Copyright License. Subject to payment of the relevant fee | ||
determined in accordance with the Rate Card, and the terms and conditions of | ||
this License, Licensor hereby grants to Licensee for the Term, a revocable, | ||
worldwide, non-exclusive, royalty-free, copyright license: | ||
Internal Use | ||
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(i) To use, reproduce and modify the Work to prepare Derivative Works; | ||
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(ii) To use the Work and Derivative Works for processing Licensee’s own data | ||
for any purpose; | ||
Distribution to TIG | ||
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(iii) To distribute the Work and Derivative Works, in Source or Object form, | ||
to TIG under the terms of the TIG Inbound Game License; | ||
Distribution to Third Parties | ||
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(iv) To distribute the Work and Derivative Works, in Source or Object form, | ||
to any third party under the TIG Open Data License; | ||
Distribution in Product | ||
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(v) To distribute the Work and Derivative Works, in Object form only, under | ||
Licensee’s own license terms solely for execution on a Licensee Product; | ||
Distribution to TIG Commercial Licensees | ||
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(vi) To distribute the Work and Derivative Works, in Source or Object form, | ||
to a third party that is subsisting TIG Commercial Licensee for the term of | ||
that subsisting license and subject to the terms of that TIG Commercial | ||
License; and | ||
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Provision of SAAS | ||
(vii) To use the Work and Derivative Works for processing third party data | ||
provided to Licensee by any TIG Commercial Licensee interacting with | ||
Licensee remotely through a computer network. | ||
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3. Grant of Patent License. Subject to payment of the relevant fee | ||
determined in accordance with the Rate Card and the terms and conditions of | ||
this License, TIG hereby grants to Licensee for the Term, a revocable, | ||
worldwide, non-exclusive, license under the Patent Claims of TIG: | ||
Internal Use | ||
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(i) To use, reproduce and modify the Work to prepare Derivative Works; | ||
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(ii) To use the Work and Derivative Works for processing Licensee’s own data | ||
for any purpose; | ||
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Distribution to TIG | ||
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(iii) To distribute the Work and Derivative Works in Source or Object form | ||
to TIG under the terms of the TIG Inbound Game License; | ||
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Distribution to Third Parties | ||
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(iv) To distribute the Work and Derivative Works, in Source or Object form, | ||
to any third party under the TIG Open Data License; | ||
Distribution in Product | ||
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(v) To distribute the Work and Derivative Works, in Object form only, under | ||
Licensee’s own license terms solely for execution on a Licensee Product; | ||
Distribution to TIG Commercial Licensees | ||
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(vi) To distribute the Work and Derivative Works, in Source or Object form, | ||
to a third party that is a subsisting TIG Commercial Licensee for the term | ||
of that subsisting license and subject to the terms of that TIG Commercial | ||
License; and | ||
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Provision of SAAS | ||
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(vii) To use the Work and Derivative Works for processing third party data | ||
provided to Licensee by any TIG Commercial Licensee interacting with | ||
Licensee remotely through a computer network. | ||
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4. Patent Non-Assert. If Licensee institutes patent litigation against any | ||
entity (except by way of counterclaim in a lawsuit brought against Licensee | ||
by the relevant entity) alleging that use of the Work by that entity under | ||
and in accordance with the terms of the TIG Open Data License constitutes | ||
direct or contributory patent infringement, then any patent licenses granted | ||
to Licensee under this License for that Work shall terminate as of the date | ||
such litigation is filed. | ||
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5. Trademarks. This License does not grant permission to use the trade | ||
names, trademarks, service marks, or product names of the Licensor, except | ||
as required for reasonable and customary use in describing the origin of the | ||
Work and reproducing the content of the NOTICE file. | ||
|
||
6. Disclaimer of Warranty. Unless required by applicable law or agreed to in | ||
writing, Licensor provides the Work on an "AS IS" BASIS, WITHOUT WARRANTIES | ||
OR CONDITIONS OF ANY KIND, either express or implied, including, without | ||
limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, | ||
MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. | ||
|
||
7. Limitation of Liability. In no event and under no legal theory, whether | ||
in tort (including negligence), contract, or otherwise, unless required by | ||
applicable law (such as deliberate and grossly negligent acts) or agreed to | ||
in writing, shall TIG or Licensor be liable to Licensee for damages, | ||
including any direct, indirect, special, incidental, or consequential | ||
damages of any character arising as a result of this License or out of the | ||
use or inability to use the Work (including but not limited to damages for | ||
loss of goodwill, work stoppage, computer failure or malfunction, or any and | ||
all other commercial damages or losses), even if TIG or Licensor, as the | ||
case may be, has been advised of the possibility of such damages. | ||
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8. Assignment. Licensee may not assign or otherwise transfer this License | ||
and its rights and obligations hereunder, in whole or in part, by operation | ||
of law or otherwise, without the written consent of TIG. In the case of any | ||
permitted assignment or transfer of or under this License, this Licensee or | ||
the relevant provisions shall be binding upon, and inure to the benefit of, | ||
the successors, executors, heirs, representatives, administrators and | ||
assigns of the parties hereto. | ||
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9. Term and Termination. Except as provided below, this License shall | ||
continue in force for the Term unless terminated earlier in accordance with | ||
the provisions of this Section 8. Without prejudice to any other rights, TIG | ||
may terminate this License at any time if Licensee fails to comply with any | ||
of the terms of the License. Upon termination of this License, the license | ||
granted hereunder will terminate and Licensee must stop all use of the Work | ||
and Licensee must delete all copies of Work. | ||
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END OF TERMS AND CONDITIONS | ||
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Executed by TIG | ||
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Executed by Licensee |
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